Planning and Zoning Commission

MINUTES OF PLANNING AND ZONING COMMISSION MEETING

January 9, 2003

            A meeting of the Westminster Planning and Zoning Commission was held in City Hall on the evening of January 9, 2003, at 7:00pm.  Members Beaver, Bair, and Ferguson; Chairman Wiskeman; Town Planner Siders; Technical Planner Fisher; City Attorney Walsh; County Planner Moser; and members of the public were present.

            On motion of Ms. Bair, seconded by Mr. Ferguson, the minutes of November 14, 2003 were approved as amended.

            Mr. Siders presented Sign Permit Application No. 1035 – 140 Village Shopping Center.  Mr. Siders stated that the applicant is requesting a minor modification to a sign package previously approved by the Commission.  Mr. Siders stated that the applicant is requesting approval to change two rows of text display to illuminated, hand-changeable copy.  There would be no electronically-controlled readerboard on the signs.  The total square footage of the signs has not changed with this request.  Mr. Siders stated that staff supports the sign permit application.  On motion of Ms. Bair, seconded by Mr. Beaver, Sign Permit Application No. 1035 – 140 Village Shopping Center was unanimously approved.

            Mr. Siders presented Sign Permit Application No. 1036 – Super Buffet.  Mr. Siders stated that the 42 square foot sign would be located next to Westminster Union Bank in the Townmall of Westminster.  A recent change to the PRSC Zone necessitates Commission approval of the proposed sign because the sign will be located at Super Buffet’s private exterior entrance from the parking lot.  Chairman Wiskeman stated that Tully’s Restaurant operated a similar sign in the same location during their tenure.  On motion of Ms. Bair, seconded by Mr. Beaver, Sign Permit Application No. 1036 – Super Buffet was approved as presented.

            Mr. Siders presented the Final Plat of Mayor’s Manor.  Mr. Siders stated that the Commission had denied an application for subdivision for Mayor’s Manor at the June 13, 2002 meeting of the WPZC.  Mr. Siders stated that the plat currently under consideration shrinks the building envelope and changes the rear-yard setback of 25 feet on West Green Street to a side-yard setback of 35 feet.  Mr. Richard Titus of Hollman, Hughes, McGuire, Timchula, and Titus, stated that he is representing the owner of the property, Ms. Gertrude Hahn.  Mr. Titus recounted the history of the subdivision review process for Mayor’s Manor and presented copies of plans showing the original and revised final plats.  Mr. Titus then presented a Forest Conservation Plan for the property and stated that only three significant trees would have to be removed under the proposed plat.  Mr. Titus presented listings of nearby properties from the Maryland Department of Assessments and Taxation and stated that both the proposed lot and proposed building envelope are compatible in size with the surrounding neighborhood.  Mr. Titus presented a chronological listing of the submittals and correspondence between the City and RTF, Inc. indicating that all technical items had been successfully addressed.  Mr. Titus then presented a series of photographs, stating that the images revealed that new construction in the proposed building envelope would be largely obscured by existing vegetation, and that a car would have sufficient room to safely back out of the lot.  Mr. Titus stated that Mr. Ferguson’s house backs to the side yard of an adjacent house in a manner similar to that proposed by the revised final plat for Mayor’s Manor.  In response to a question from Mr. Ferguson, Mr. Lemmerman of RTF, Inc. stated that the owners would need to obtain a variance to construct an accessory structure.  Ms. Bair expressed concern that drivers may mistake the proposed driveway for Ridge Road.  Mr. Lemmerman stated that the driveway has been kept as far from the intersections as possible to avoid a safety issue.  Mr. Bair suggested that the driveway be constructed to simulate street parking and moved to Ridge Avenue.  Mr. Lemmerman stated his concern that a modified parking area would not work with the traffic pattern, and noted that the pedestrian sidewalk would have to be depressed.  Ms. Trudy Snayder, daughter of Ms. Gertrude Hahn, summarized the history of the property and stated that the owner would be willing to place covenants on the property to ensure compatibility with the neighborhood.  Mr. Titus further explained that the applicant intends to place the following covenants on the land if subdivided: (1) the existing house has architectural review approval over construction on the second lot, (2) a minimum square-footage requirement for construction of 1,800 square feet, and (3) exterior walls constructed of at least 75% masonry.  Mr. Robert Lennon of 6 East Main Street, a real estate attorney and resident in the neighborhood, stated that he feels that the revised final plat is compatible with the neighborhood and consistent with the original development of the area.  Mr. Ferguson asked if the Commission could make approval of the final plat subject to the placement of covenants on the newly created property.  Mr. Walsh advised that the Commission does not have the ability to grant approvals based on representations of proposed covenants.  Mr. Beyard stated that he would be comfortable reading the proposed covenants before the Commission takes action.  Mr. Walsh suggested the possibility that the covenants could be placed on the plat itself.  Mr. Ferguson expressed his desire to convey to the applicant a general consensus of the Commission that the plat is acceptable, subject to the submittal of the discussed covenants.  Mr. Walsh stated that the Commission should wait to take any action until he is able to further explore options relating to the approval of the plat with the proposed covenants.  In response to a question from Mr. Beaver, Mr. Walsh stated that covenants are enforced through a civil enforcement process, but that if the restrictions were placed on the plat, the government may have an interest.  Mr. Beaver asked if the Commission should add a requirement that the house front on Old New Windsor Road.  Mr. Beyard stated that, due to the configuration of the proposed plat, the house could not be built any other way than shown.  By consensus of the Commission, the Final Plat for Mayor’s Manor was deferred until the next meeting of the Commission.

            Mr. Siders introduced Mr. Martin Hackett of CLSI and Mr. Wilson, contract purchaser for a courtesy presentation regarding the R.J. Maring Property.  Mr. Hackett stated that the site is approximately 1.6 acres located on Uniontown Road near Stoneridge Overlook.  The land is in the City’s “R-10,000” Residential zone.  Mr. Hackett stated that the development would consist of single-family detached units served by a use-in-common driveway.  Mr. Hackett noted that the projected demand for the access road does not justify the construction of a public roadway.  Mr. Hackett stated that the developers wish to pursue a courtyard/fanning approach for the design of the use-in-common driveway.  Mr. Beyard stated that the developer of this property faces a situation similar to that of Armacost Estates.  Ms. Bair asked who would maintain the islands created by the driveways.  Mr. Hackett stated that maintenance obligations would be included in the appropriate deeds and would run with the land.  Ms. Bair asked if a fire truck could safely navigate the driveway.  Mr. Hackett stated that the driveway is planned to be 14 feet wide, allowing emergency vehicles to execute a three-point turn.

            Mr. Siders presented the Final Plat for the Koontz Property.  Mr. Siders stated that the applicant is requesting a subdivision to four lots for the purpose of financing.  Mr. Siders stated that no buildable lots would be created through this subdivision and that each lot would be subject to the subdivision review process if the applicant wishes to create additional lots.  Mr. Siders stated that staff recommends approval of the final plat.  Mr. Siders introduced Mr. Clark Shaeffer, purchaser, and Mr. Richard Titus, representing the sellers.  Mr. Shaeffer stated that the subdivision is requested for purposes of collateral in financing.  Mr. Titus explained that the property has an extremely complicated title with 13 tracts involved.  On motion of Mr. Beaver, seconded by Ms. Bair, the Final Plat for the Koontz Property was unanimously approved with the notation that no buildable lots would be created.

            Mr. Siders stated that the houses at Stone Ridge Overlook have been constructed within the approved building envelopes.  Mr. Siders noted that frontages may only be stipulated during the Rezoning with Conditions, Restrictions, or Limitations process.  Mr. Beyard stated that some frontages may be stipulated at the issuance of a building permit.  Ms. Bair stated that she would like to resolve the issue as soon as possible.

            Ms. Moser stated that the County allowed the developer of the Tara’s Family Restaurant site to rehabilitate the structure under a site plan approved for a previous development proposal, under the assumption that the structure’s footprint would not change.  Ms. Moser commented that a new site plan is likely to be submitted as the footprint has changed during construction.  Ms. Moser stated that the site is planned for office development.

            Mr. Siders stated that the Estonian Television Girls Choir will perform along with the Children’s Chorus of Carroll County on Saturday, February 8 as part of the Westminster-Paide Partner City program.       

            On motion of Mr. Ferguson, seconded by Ms. Bair, the meeting was adjourned at 8:30 p.m.

                                                                                                Respectfully Submitted,

                                                                                                ERIK FISHER

                                                                                                Secretary