Planning and Zoning Commission

MINUTES OF PLANNING AND ZONING COMMISSION MEETING

April 10, 2003

            A meeting of the Westminster Planning and Zoning Commission was held in City Hall on the evening of April 10, 2003, at 7:00pm.  Members Beaver, Bair, Palmer, and Ferguson; Chairman Wiskeman; Director of Planning and Public Works Beyard; Town Planner Siders; Technical Planner Fisher; County Planner Moser; County Planner Graf; and members of the public were present.

            On motion of Ms. Bair, seconded by Ms. Palmer, the minutes of March 13, 2003 were approved as presented.

            Chairman Wiskeman opened the public hearing for Zoning Text Amendment No. 03 – 1 “Access to State Roads” at 7:02 p.m.  Mr. Siders stated that the amendment would authorize a temporary access to State roads from properties that are otherwise ineligible.  The access would be permitted for a period not to exceed two years and must utilize an existing access.  Mr. Siders stated that staff recommends approval of the amendment as the provision would increase the flexibility of the City Code.  Mr. Ferguson asked for an exemplary situation in which the amendment would be used.  Mr. Siders noted that the developers of Roop Mill would complete a commercial facility before permanent access can be built, as the permanent access is contained on a residential subdivision proposal that is still under review.  Ms. Palmer asked why the period for temporary access is proposed to last for up to two years.  Mr. Siders responded that the two-year limit would ensure a good faith effort from the developers to complete the project while giving them time to work through the development process.  Mr. Beaver asked if the State were opposed to any portion of the proposed amendment.  Mr. Siders stated that the State is in favor of the amendment, as the process will result in a net reduction of access points onto a given state highway.  There being no public comment, Chairman Wiskeman closed the public hearing at 7:06 p.m.  On motion of Ms. Bair, seconded by Mrs. Palmer and unanimously approved, Zoning Text Amendment No. 03 – 1 was forwarded to The Mayor and Common Council with a favorable recommendation.

            Chairman Wiskeman opened the public hearing for Zoning Text Amendment No. 03 – 2 “Administrative Adjustments” at 7:07 p.m.  Mr. Siders briefly recounted the origin of the amendment and noted that the Lower Pennsylvania Avenue Committee favorably recommended the approval of Administrative adjustments.  Mr. Siders stated that the amendment would authorize the Director of Planning and Public Works to modify the requirements for local height, setback, bulk, parking, loading, dimensions, and area subsequent to a hearing.  Mr. Siders noted that procedures for the granting of administrative adjustments are included with the amendment.  Mr. Siders stated that staff recommends approval of ZTA 03 – 2 as the amendment has received community support as a Smart Growth tool, making the variance process faster, less expensive, and less onerous for individuals.  Mr. Ferguson offered old-town Westminster as an example of where bump-outs on the narrow, deep lots routinely conflict with the zoning ordinance.  Mr. Beyard stated that the proposed amendment does not eliminate public notification requirements, and requires a hearing to take place before adjustments are granted, and provides an appeals process.  There being no public comment, Chairman Wiskeman closed the public hearing at 7:12 p.m.  On motion of Ms. Bair, seconded by Mrs. Palmer and unanimously approved, Zoning Text Amendment No. 03 – 2 was forwarded to The Mayor and Common Council with a favorable recommendation.

            Chairman Wiskeman opened the public hearing for Sectional Map Amendment No. 02 – 2 Roop’s Mill at 7:13 p.m.  Mr. Siders stated that the property was re-zoned to the City’s “R-10,000” Residential zone concurrent with annexation in the Fall of 2002.  The applicant is requesting that the 2.76-acre property be rezoned to the City’s “N-C” Neighborhood Commercial zone.  Staff is recommending that the Commission forward the amendment to The Mayor and Common Council with a favorable recommendation.  Mr. Siders stated that the City Code requires a development plan to be approved in conjunction with the rezoning.  Mr. Siders stated that the applicant is proposing to operate a restaurant in the rehabilitated Rinehart House, as well as construct a catering facility on the site.  Mr. Siders stated that the vacant land surrounding the property is scheduled for the development of 185 – 190 single-family homes.  The residential component of the development will satisfy the open space requirement and will provide permanent access to the commercial development with the extension of Hughes Shop Road.  Mr. Siders noted that a well developed on the property will be deeded to the City.  There being no public comment, Chairman Wiskeman closed the public hearing at 7:15 p.m.  On motion of Ms. Bair, seconded by Mrs. Palmer and unanimously approved, Sectional Map Amendment No. 02 – 2 Roop’s Mill was forwarded to The Mayor and Common Council with a favorable written decision.

            Mr. Siders presented the Final Plat of Lots 1 – 4 Carroll County Air Business Center.  Mr. Worgan, the developer of the property, stated that the plat would create four lots and require improvements to Airport Drive.  The existing access to Maryland Route 97 would be closed and employees would reach MD 97 via Airport Drive.  Mr. Beyard stated that the veterinary clinic would still have direct access to MD 97 and that easements have been rearranged to keep the future closing of this access point a viable option.  Mr. Siders stated that staff is recommending approval of the plat.  In response to a question from Mr. Beyard, Mr. Worgan stated that the building has already sold out and that the financing for all condos has been arranged locally.  On motion of Ms. Bair, seconded by Mrs. Palmer, the Final Plat of Lots 1 – 4 Carroll County Air Business Center was unanimously approved.

            Chairman Wiskeman adjusted the order of agenda items to allow action on the Amendment to the Water and Sewer Master Plan prior to the Preliminary Plan for Bolton Hill.  Mr. Siders briefly recounted the history of the update to the Carroll County Master Plan for Water and Sewerage and stated that the proposed change would amend the pending Master Plan.  Mr. Siders stated that the amendment contains two requests.  One action would reclassify all 197 acres of the Emmert Property (now Bolton Hill) into the W3/S3 category to allow the development to connect to the City’s water system.  The second action would issue an affirmation of denial of service to the MacGregor Property along the proposed Medford Quarry emergency connection.  Mr. Siders stated that this action was requested by the State to ensure that the connection is consistent with Smart Growth.  Mr. Siders stated that staff recommends approval of the amendment as the proposal would facilitate several priority projects for the City.  On motion of Mr. Ferguson, seconded by Ms. Bair, the Water and Sewer Master Plan Amendment was unanimously approved.

            Mr. Siders presented the Preliminary Plan of Bolton Hill.  Mr. Siders stated that the applicant is proposing 189 single-family homes arranged in accordance with the provisions of the Cluster Subdivision ordinance.  Mr. Siders stated that the residential lots are located in the City’s “R-20,000” Residential zone with portions of the open space in the City’s “C” Conservation zone.  Krider’s Church Road would be terminated prior to Maryland Route 97, eliminating a dangerous intersection.  The development would be served by two connections two the Koontz Property, one connection to the “I-R” Restricted Industrial portion of the Emmert Property, and one connection to Meadow Branch Road improved to collector standards at the expense of the developer.  Mr. Siders mentioned that these improvements are occurring in concert with various improvements recommended in the joint traffic impact study encompassing Bolton Hill and the surrounding properties.  Staff is recommending conditional approval of the plan, subject to agency review and comment.  In response to a question from Chairman Wiskeman, Ms. Moser stated that the County approves of the turning radius of Meadow Branch Road as proposed.  Chairman Wiskeman stated his understanding that the preliminary plan would be contingent on roadwork being completed in accordance with the County transportation plan.  Mr. Siders stated that the County is in agreement with the City on the road layout as proposed in the Preliminary Plan for Bolton Hill.  Mr. Beyard remarked that the elimination of the Krider’s Church Road & MD 97 intersection is an example of how eliminating certain access points can make for safer roads.  Chairman Wiskeman encouraged the applicants to adhere to their representation of angled frontages of structures constructed on flag lots.  Mr. Martin Hackett of CLSI, Inc. stated that he could place the building lines at an angle to ensure proper frontings.  On motion of Ms. Bair, seconded by Mrs. Palmer, the Preliminary Plan for Bolton Hill was conditionally approved, subject to agency review and comment.

            Mr. Siders announced that Ms. Moser had been reassigned to the Sykesville/Freedom planning area.  Mr. Siders thanked Ms. Moser for her many years of service as the County’s liaison planner to the City.  Mr. Siders then introduced Mr. Scott Graf of the Carroll County Department of Planning.  Mr. Graf will serve as the County’s new liaison planner to the City.

            Ms. Moser reported that street lighting is in the works for the intersection of Gorsuch Road and Center Street in the County.  Ms. Moser stated that County Planning Director Steve Horn is working with a transportation consultant to evaluate the intersection’s future needs.  Ms. Moser also stated that the County is planning to extend Malcolm Drive to Gorsuch Road to relieve some congestion at the intersection.

            Ms. Bair asked if a Super Wal-Mart is planned for Westminster.  Mr. Beyard responded that any commercial development of such a size must first acquire a significant number of contiguous parcels, and that no such development is imminent.

            Ms. Bair asked for an update on the Lowe’s property.  Mr. Beyard stated that a new entity has taken control of the project and that this entity appears to have the finances and history to complete the project.

            Mr. Beyard summarized the progress of the investigation into the recent construction accident at the Longwell Parking Deck.  Mr. Beyard stated that the garage should be completed by the end of July.

            There being no further business, the meeting was adjourned at 8:00 p.m. on motion of Ms. Bair, seconded by Mr. Ferguson and unanimously approved.

                                                                         Respectfully Submitted,

                                                                         ERIK N. FISHER

                                                                        SECRETARY