MINUTES OF PLANNING AND ZONING COMMISSION MEETING

April 20, 2006

A meeting of the Westminster Planning and Zoning Commission was held at Westminster City Hall, 1838 Emerald Hill Lane, on the evening of April 20, 2006 at 7:00 p.m.  Chairperson Bair; Members Albert, Beaver, Palmer, and Graham; City Attorney Walsh; Director of Planning and Public Works Beyard; Manager of Planning and Development Davis; Assistant Town Planner Fisher; GIS Technician Rogers; County Planner Graf; State Highway Administration (SHA) Access Permits Chief Foster, SHA Area Engineer Chin; and members of the public were present.

On motion of Mrs. Albert the minutes of the meeting of March 9, 2006 were approved as amended.  On motion of Mrs. Albert the minutes of the closed session of March 9, 2006 were approved as presented.

Mr. Fisher presented the Final Plat for the Overlook at King Park.  The applicant is proposing the subdivision of the 7.7 acre parcel into 15 residential lots.  In addition, two parcels would be reserved for stormwater management and wetland conservation, while a third parcel would be transferred to the owner of the existing residence.  Two cul-de-sacs would provide access to the residences.  The width of the Arnold Drive cul-de-sac had been reduced in accordance with the approval of Administrative Adjustment No. 04-7.  Mr. Fisher noted that a proposed guardrail along the west edge of the site is not necessary by regulation nor desired by nearby residents.  Staff recommended approval of the plat, subject to the removal of the guardrail and associated construction & maintenance easement, the installation of a four-foot grass table in place of the guardrail, and the satisfaction of agency review comments.  On motion of Ms. Graham, the Final Plat for the Overlook at King Park was approved subject to staff’s conditions.  Several adjacent property owners asked for clarification on various elements of the plat drawing.

Mr. Beyard presented a request for modifications to the conditional approval of the Meadowbranch Industrial Park Revised Preliminary Plan and Final Plat.  Mr. Beaver recused himself from discussion and voting on the issue.  Mr. Beyard recounted the approval history of the project and briefed the Commission on the constraints encountered while attempting to fulfill those conditions.  Mr. Beyard presented the Commission with a staff report proposing modified conditions based on two years of review by City and SHA staff.  Among other items, the proposal included the construction of a secondary access for Kable Veterinary Hospital, bonding and a timeframe to guarantee improvements to Finch Services, and restrictions on use and occupancy permits to ensure that the MD 97 improvements are coordinated with development.  Mr. Beyard cited a recent SHA letter stating their concurrence with the staff report.  Mr. Michael Preston, attorney for Finch Services, and Mr. Richard DeMario, engineering consultant for Finch Services, presented a proposal for improved access to the business.  Mr. Preston expressed concern in regard to the phasing of the mainline work versus improvements to Finch Services access.  Several Finch Services representatives described the history of the site, the operations of the business, and their preferences as far as access improvements.  Dr. John Kable of Kable Veterinary Hospital requested that the Commission retain the original condition of accel/decel lanes on MD 97 for the clinic.  Mr. Martin Hill of Woodhaven Building and Development highlighted a traffic study finding that nearby development proposals are not responsible for the traffic problems on MD 97.  Mr. Hill expressed his support for modified conditions as outlined in the staff report. Mr. Steve Foster commented that the staff proposal represents an important step toward fulfilling a long-range improvement plan for the corridor.  Discussion continued regarding options for access to the Finch Services property.  Ms. Graham moved that the Commission modify its original approval conditions in accordance with the staff report.  The motion died for lack of a second.  Mr. Foster stated that interim improvements should move forward while the parties engage in on-going dialogue to resolve outstanding issues.  Mr. Beyard remarked that the staff proposal provides such a framework.  On motion of Mrs. Albert, the Commission moved immediately into closed session pursuant to Section 10-508(a)(7) of the State Government Article of the Annotated Code of Maryland to confer with counsel to obtain legal advice.

The Commission then resumed in open session.  Discussion continued between the interested parties and the Commission.  On motion of Mrs. Palmer, the Commission tabled the request for modified approval of Meadowbranch Industrial Park Revised Preliminary Plan and Final Plat for one month.  Ms. Graham voted against the motion.

Mr. Fisher presented the Sign Permit for Superfresh.  Mr. Fisher stated that the store is undergoing façade improvements and wishes to replace its existing signage.  The applicant is proposing one wall sign totaling approximately 150 square feet for the front façade, and an identical sign for the rear façade.  Staff recommended approval of the permit.  On motion of Mrs. Graham, the Sign Permit for Superfresh was approved.

Mr. Fisher presented the Site Plan for R.E. Michel Company.  The applicant is proposing a 20,000 square foot warehouse facility on the 2.5 acre site.  The plan also includes a 3,000 square foot showroom and a future warehouse expansion.  Mr. Fisher stated that enough parking and landscaping is proposed to accommodate the expansion.  Mr. Fisher remarked that the site abuts a planned major street and that the developer would extend that street to the northwestern border of their site as part of the project.  Staff recommended approval of the plan subject to the satisfaction of agency review comments.  On motion of Ms. Graham, the Commission approved the Site Plan for R.E. Michel Company subject to the satisfaction of agency review comments.

Ms. Bair opened the public hearing for an amendment to the Comprehensive Plan to reference the “Heart of the Civil War Heritage Area Management Plan” at 9:31 p.m.  Mr. Davis stated that the Management Plan seeks to coordinate Civil War venues to leverage resources and promote heritage tourism.  Mr. Davis mentioned that every other local jurisdiction in Carroll County is considering similar amendments.  On motion of Mrs. Palmer, the Commission closed the public hearing at 9:35 p.m.  On motion of Mrs. Palmer, the Commission forwarded the amendment to The Mayor and Common Council with a favorable recommendation.

Ms. Bair opened the public hearing for Zoning Text Amendment No. 06-1 – Access to State Highways at 9:40 p.m.  Mr. Beyard stated that the text amendment would permit properties in the N-C zone up to an additional four years of temporary access to a state highway, subject to the approval of the City and SHA.  Mr. Beyard stated that extensions are necessary when the provision of permanent access is delayed at no fault of the applicant.  The text amendment would not grant new development access to a state highway.  The Commission closed the public hearing at 9:43 p.m. on motion of Ms. Graham.  Also on the motion of Ms. Graham, the Commission forwarded ZTA 06-1 to The Mayor and Common Council with a favorable recommendation.

Ms. Bair opened the public hearing for Zoning Text Amendment No. 06-2 – Compatible Neighborhood Overlay zone at 9:44 p.m.  Mr. Davis stated that the zone would provide an optional, alternative method of development for properties included in the overlay district on the zoning map.  The overlay is intended to facilitate projects that better reflect the established character of the neighborhood in site design, dwelling types, and architectural style.  Mr. Davis presented the Commission with a map showing that one half of the parcels zoned R-7,500 are non-conforming when considering lot size and setbacks.  Mr. Beyard remarked that the alternative standards provided by the C-N overlay zone would protect historic neighborhoods from suburban, “cookie-cutter” development.  Mr. Beyard noted that the overlay zone could also promote the development of workforce housing in the City.  In response to a question from Mr. Graf, Mr. Fisher stated that the overlay is not intended as a city-wide initiative, but rather as one tool that could be selectively applied given the right context.  Mr. Davis mentioned that no properties would be included in a mapped overlay district at this time.  Mr. Graf complimented the City on its workforce housing initiatives.  On motion of Ms. Graham, the Commission closed the public hearing at 9:47 p.m.  Also on motion of Ms. Graham, the Commission forwarded ZTA No. 06-2 to The Mayor and Common Council with a favorable recommendation.

Mr. Beyard summarized the Capital Improvements Program for FY06-07 through FY11-12.  Major funded projects include street overlay, affordable/workforce housing initiatives, the Wakefield Community Trail, conversion of the wastewater treatment plant to Enhanced Nutrient Removal technology, a new water treatment plant, and construction of the Medford Quarry Emergency Waterline Connection.  On motion of Ms. Palmer, the Commission favorably recommended the FY06-07 through FY11-12 CIP to The Mayor and Common Council.

Ms. Bair complimented the City on recent improvements to City Playground.

Mr. Beyard updated the commission on several signage issues around town.

Mr. Walsh noted that the Chair had afforded the opportunity for public comment at the end of the meeting, but no citizens were present to speak.

The meeting was adjourned at 10:10 p.m. by consensus of the Commission.