MINUTES OF PLANNING AND ZONING COMMISSION MEETING

January 12, 2006

A joint meeting of the Westminster Planning and Zoning Commission (WPZC) and The Mayor and Common Council of Westminster was held at the John Street Quarters of the Westminster Fire Engine and Hose Company No.1, 28 John Street, on the evening of January 12, 2006 at 7:00 p.m.  WPZC Chairman Bair; WPZC members Graham, Palmer, and Beaver; Mayor Ferguson, Council President Chiavacci, Council Members Albert, Pecoraro, Utz, and Wack; City Attorney Walsh; Director of Planning and Public Works Beyard; Chief of Police Spaulding; Director of Finance Urban; Manager of Planning and Development Davis; Assistant Town Planner Fisher; County Planner Graf; and members of the public were present.

On motion of Ms. Graham, seconded by Mrs. Palmer, the minutes of the WPZC meeting of December 8, 2005 were unanimously approved as presented.

Mr. Davis presented background information and staff recommendations for City comments on the draft Westminster Environs Community Comprehensive Plan (Plan).  Staff recommend the addition of a future corporate limit line (FCLL) to the plan, as well as several land use re-designations on the Land Use Map and technical changes to the text.

Mr. Pecoraro remarked that the Plan asks for water and sewer extensions without a discussion of timing or capacity issues.

In response to a question from Mr. Chiavacci, Mr. Fisher clarified that the Plan outlines the community vision for an “end-state” buildout scenario.  The timing of development in accordance with that vision is moderated by adequate public facilities tests, water and sewer planning, Capital Improvements Programs, re-zonings, and other planning tools.

Ms. Graham asked whether increases in planned densities would translate to more people moving into the Environs.  Mr. Fisher responded that the answer depends on the specific regulations adopted.  Increased density at a local scale could be used to encourage different housing styles and preserve land without allowing for more overall growth than is currently planned.

Mr. Beaver asked what enforcement mechanisms would compel annexation within the FCLL.  Mr. Beyard stated that the City requires annexation in exchange for water and sewer service.  In cases where annexation is not currently possible, the property owner is required to agree to future annexation of the property.  Mr. Pecoraro suggested that a payment-in-lieu-of-taxes program would provide more equality between developments inside and outside the City until annexation occurs.

Mr. Pecoraro asked why staff recommends expansion of the FCLL in certain areas.  Mr. Davis and Mr. Fisher reviewed the results of the City’s buildable land inventory and analysis of annexable areas in the environs.  Those studies showed relatively few areas available for substantial development that could be annexed by the City.  As a result, staff has placed a premium on those areas that are adjacent to existing infrastructure investments and contiguous to developed lands.

Mr. Pecoraro asked if the Plan identifies land for new parks and schools.  Mr. Beyard stated that land can be granted through the site development process if the projects are of a substantial size.

In response to a question from Mr. Pecoraro, Mr. Beyard stated that the current water and sewer service areas extend beyond the Westminster Fire District.  Mr. Utz commented that extension of the actual City boundary into other fire districts could create some response and funding issues.

Dr. Wack expressed concern that the City would not have enough water capacity to serve the buildout scenario in the environs.  Mr. Beyard explained the Water Capacity Analysis project currently underway and stated that the results would be available in several months.  Mr. Beyard agreed that significant capital investments would need to be made to serve the buildout population.  Mr. Fisher remarked that zoning and adequate public facilities tests are valid tools to control the rate of development.  Mr. Walsh stated that zoning, not land use designation, controls the rights of property owners in regard to lot yield.  Mr. Beyard noted that the service areas designated in the Water & Sewer Master Plan define the City’s commitments in terms of water and sewer service.

Mr. Beaver remarked that, in some cases, the only suitable locations for certain types of development are not planned for public water and sewer service.  Mr. Walsh responded that the City Code provides The Mayor and Common Council with the discretion to set priorities for water and sewer allocations when supplies are tight.  Mr. Pecoraro stated that the City should ensure that it retains that discretion in the Plan.

Mrs. Palmer commented that the Plan outlines an ultimate vision for the environs, but allows flexibility in terms of how and when that vision is fulfilled.

It was the consensus of the members present to highlight the City’s concerns regarding water and sewer capacity in the Plan, and to clearly state that capacity constraints may limit the rate and extent of development in the environs.

Mr. Ferguson noted the shortage of workforce housing in the County.  Mr. Chiavacci suggested that a workforce housing requirement for new developments be evaluated.

Mr. Beyard stated that the comments from the Commission, and The Mayor and Common Council, and staff would be summarized in a joint letter sent to the County Planning and Zoning

Commission.  Mr. Pecoraro affirmed the FCLL as proposed by staff.  Members present requested that the letter outline the concerns regarding water & sewer capacity and the issues related to a municipality bridging multiple fire districts.  Ms. Bair requested that the comments of the Westminster Fire Engine & Hose Co., No. 1 be incorporated into the letter.

Dr. Wack asked if there would be opportunities for a dialogue with the County on the issues discussed.  Mr. Beyard suggested that a joint meeting could be scheduled between the elected and appointed officials of the City and the County.  The members present supported this option.

On the motion of Ms. Graham, seconded by Mr. Beaver and duly passed, the meeting was adjourned at 9:10 p.m.

Respectfully submitted,

ERIK N. FISHER

SECRETARY