MINUTES OF PLANNING AND ZONING COMMISSION MEETING

May 18, 2006

A meeting of the Westminster Planning and Zoning Commission was held at Westminster City Hall, 1838 Emerald Hill Lane, on the evening of May 18, 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; County Planner Graf; State Highway Administration (SHA) Access Permits Chief Foster; and members of the public were present.

On motion of Mrs. Albert the minutes of the meeting of April 20, 2006 were approved as presented.  On motion of Ms. Graham, the minutes of the closed session of April 20, 2006 were approved as presented.

The Commission then considered modifications to the Preliminary Plan and Final Plat approvals for the Meadowbranch Industrial Park.  Mr. Beyard summarized changes made to the staff report and updated the Commission on progress made since the April meeting.  Subsequent analysis suggested that a fifth lane could be constructed at Finch Services without moving utility poles or using private property.  Mr. Beyard mentioned that the Carroll County Department of Economic Development offered $130,000 to move utility poles to accommodate a sixth lane at Finch Services.  Mr. Michael Preston, attorney for Finch Services, expressed his support for the access plan developed by DeMario Design Consultants.  He expressed concern about the imposition of a deadline on Finch Services to select a preferred option for access.  Mr. Clark Shaffer, attorney for Mr. Martin K.P. Hill, distributed a letter to the Commission and expressed his opinion that the extent of the proposed improvements could not be required constitutionally.  Mr. Mickey Cornelius, the traffic consultant for the Bolton Hill project, displayed a traffic simulation and expressed his opinion that the light at Meadow Branch Road would create a safer access situation for Finch Services.  Mr. Cornelius supported the Magna Way connection as a safe option for access to Finch Services.  Mr. John Kable, owner of the Airpark Animal Hospital, stated his opposition to the elimination of dedicated turn lanes in front of his business.  Mr. Hill, developer of the Bolton Hill project, submitted emails from two County officials stating that the Magna Way access could be successfully engineered.  Mr. Hill then distributed plats of the Airpark Animal Hospital property that reference alternative access to that business.  He also submitted written estimates for seven utility pole relocations in excess of $1.5 million dollars.  Mr. Hill expressed his support for the Revised Staff Report and indicated his unwillingness to complete any work beyond that staff report.  Mr. Twele outlined the parameters of and reasoning for the County’s contribution toward pole relocations.  Mr. Foster recommended that an acceleration lane not be constructed out of Finch Services due to the proximity of other business entrances and the Magna Way signal.  He acknowledged that final details needed to be worked out, but that the framework could be put in place now for a solution.  Ms. Graham made the following motion:

Madam Chair, on April 15, 2004, the Commission granted conditional approvals to the Revised Preliminary Plan and Final Plat for the Meadowbranch Industrial Park.  I move that the Commission modify its prior conditional approvals to that Preliminary Plan and Final Plat to adopt the recommendations contained in the Revised Staff Report of May 18, 2006.

Ms. Bair stated that safety is the paramount concern of the Commission and that many other businesses in Westminster have been required to improve their adjoining state roads at no cost to the citizens.  Ms. Bair cited the Cranberry Square shopping center as an example of denied direct access to a state highway.  She noted that Meadow Branch Road had not yet been improved to a 30-foot wide paved section.  The Commission then acted favorably on the motion of Ms. Graham.

Mr. Fisher presented the Preliminary Plan and Final Plat for the Resubdivision of Lot 2 at the Meadowbranch Industrial Park.  Mr. Fisher stated that the amended approval of the Meadowbranch Industrial Park subdivision allowed for additional approvals to be considered by the Commission.  Mr. Fisher described the project as a seven lot industrial subdivision on the 23.76-acre parcel of land.  The proposed lots range in size from one to four acres, with an eighth lot serving as a stormwater management facility.  Access to the individual lots will be restricted to Trinity Court, a new public street to be constructed off Meadow Branch Road across from the eastern Shelter Systems entrance.  Mr. Fisher stated that staff recommends conditional approval, subject to the satisfaction of agency review comments.  Mr. Fisher noted that the proposed lots would be subject to the use & occupancy permit cap imposed by the Commission per the amended approval of the Meadowbranch Industrial Park.  The Commission conditionally approved the Preliminary Plan for the Resubdivision of Lot 2 on motion of Ms. Graham.  The Commission conditionally approved the Final Plat for the same project on motion of Mrs. Albert.

Ms. Bair opened the public hearing for Annexation No. 60 – Arbaugh Property at 8:45 p.m.  Mr. Davis stated that the 12.7194-acre property is located north of MD 31 along the east side of Old New Windsor Pike.  The petitioner has requested “R-20,000” Residential zoning, which is consistent with the current zoning of the property and the land use designation on the 1985 Land Use Map.  Mr. Davis stated that the property is located within the W-1 & S-1 Existing/Final Planning categories for water and sewer service.  The property is bounded on three sides by the existing corporate limits of Westminster.  Staff recommended that the Commission favorably recommend the annexation and zoning to The Mayor and Common Council.  Mr. Daniel Murphy, the attorney for the petitioner, expressed his support for the annexation.  Ms. Bair closed the hearing and the record at 8:52 p.m.  On motion of Mr. Beaver, the Commission forwarded Annexation No. 60 – Arbaugh Property to The Mayor and Common Council with a favorable recommendation.

Ms. Bair opened the public hearing for Zoning Text Amendment No. 06-3 (Zoning District Map) at 8:53 p.m.  Mr. Walsh explained that the last official zoning map was adopted in May of 2001, even though a number of map amendments have been approved since that time.  ZTA 06-3 would adopt a new zoning map, effective July 1, 2006, that reflects actions by The Mayor and Common Council over the past five years.  The text amendment would also allow future zoning district maps to be certified by the Zoning Administrator.  In response to a question from Mr. Graf, Mr. Fisher stated that no new re-zonings are being considered with the new map.  Ms. Bair closed the public hearing and the record at 9:01 p.m.  On motion of Ms. Graham, the Commission forwarded Zoning Text Amendment No. 06-3 to The Mayor and Common Council with a favorable recommendation.

Mr. Cliff Dull held a preliminary consultation with the Commission to introduce a residential development plan for property located at the southeast corner of the Pennsylvania Avenue & Sullivan Avenue intersection.

Wyndtryst Development Corporation held a preliminary consultation with the Commission to introduce a commercial development plan for land located at the northeast corner of the MD 140 & Meadow Creek Drive intersection.

Mr. Graf briefed the Commission on recent efforts toward the drafting of a new Comprehensive Plan for Carroll County.

The meeting was adjourned at 9:35 p.m. on motion of Mrs. Palmer.