MINUTES OF PLANNING AND ZONING COMMISSION MEETING

June 14, 2001

A meeting of the Westminster Planning and Zoning Commission was held in City Hall on the evening of June 14, 2001, at 7:00 p.m. Members Bair, Palmer, and Ferguson; Chairman Wiskeman; Director of Planning and Public Works Beyard; Town Planner Tucker; Assistant Town Planner Siders; City Attorney Walsh; County Planner Moser; and members of the public were present.

Mr. Beyard introduced Mr. Thomas Ferguson as a new member of the Westminster Planning and Zoning Commission. Mr. Beyard stated that Mr. Ferguson was appointed to fill the vacant seat on the Common Council and would serve as the ex officio member to the Commission.

The minutes of the April 12, 2001 meeting were approved as presented on motion of Mrs. Palmer, seconded by Ms. Bair, and duly passed.

Chairperson Wiskeman opened the Public Hearing regarding the Sectional Map Amendment No. 01-01, the Koontz Property. Mr. Ferguson stated that he wanted to recuse himself of any discussion and subsequent vote regarding Sectional Map Amendment No. 01-01. Ms. Tucker stated that the purpose of this sectional map amendment is to rezone a tract of land consisting of approximately 71.62 acres, to the "R-10,000" Residential zoning district, the current zoning is "R-20,000" Residential. This parcel was identified as an area that is suitable for suburban development in the 1998 City of Westminster Comprehensive Plan. Ms. Tucker stated that at the time of development, the developer will have to provide a traffic study for the site and will have to mitigate any traffic concerns that are addressed by the traffic study. This site is in the zero (0) to six (6) years service areas within the Water and Sewerage Master Plan. Thus, it is anticipated the City will connect this site to public water and sewer service within six (6) years. Mrs. Palmer asked if the only reason the City was considering this sectional map amendment is because of the 1998 Comprehensive Plan. Ms. Tucker stated that not only is this project listed in the Comprehensive Plan, it is consistent with the 1992 State Planning Act and "Smart Growth." Ms. Bair stated that she is concerned with the increased traffic onto MD Route 97 and MD Route 140 as a result of this development. Ms. Tucker stated that the State Highway Administration is currently reviewing improvements to MD Route 97 which will help reduce congestion. Mr. Wiskeman asked if the internal road network of this site when developed would eventually connect to Thornbury Court. That issue would be resolved when the site plan is submitted. Ms. Bair stated that she was concerned with the property abutting Saint Benjamin's (Krider's) Lutheran Church and the cemetery on that parcel. Ms. Tucker stated that a portion of this property already abuts a tract of land that is zoned "R-10,000" Residential. Mr. Beyard stated that Saint Benjamin's (Krider's) Lutheran Church had submitted a letter to the Commission which the church wanted to be introduced as testimony into the public hearing. Mr. Todd Brown of 613 Thornbury Court introduced a letter into the public hearing. Mr. Brown stated that he is opposed to the proposed re-zoning of the Koontz property. Mr. Brown stated that he is concerned with the subject property being rezoned to Neighborhood Commercial which Mr. Brown states will be a "strip shopping center with a single store containing 55,000 square feet." Mr. Brown feels that a large shopping center would have a negative impact on the area surrounding a 55,000 square foot retail area if the property is zoned and developed in this fashion. Mr. Brown stated that he is concerned that this rezoning will have adverse effects on the existing infrastructure that services the residents in the Thornbury Court area. Specifically, Mr. Brown questioned if the City has the water and sewer capacity, police and fire protection and whether or not the Carroll County School System can support the Koontz property to develop at a greater density. Mr. Brown stated that with the recent Miller Property annexation and this rezoning, the City would eventually annex the Emmeret Property. Mr. Brown went on to state that he would prefer to have a plan for the entire area presented as opposed to each project being presented individually. Mr. Beyard stated the Miller Property, et. al. annexation, the Koontz Property rezoning, and, the Emmeret Property if annexed were all discussed during the 1998 City of Westminster's Comprehensive Plan process. Mr. Beyard stated that these three projects were all included within the Comprehensive Plan which was subject to numerous public hearings and was adopted by The Mayor and Common Council. Mr. Clark Shaffer of 6 North Court Street stated that he represents the owner of the subject property. Mr. Shaffer stated that this rezoning is implementing the goals of the 1998 City of Westminster Comprehensive Plan and it is important for the City to pursue the objectives outlined in the Comprehensive Plan. Mr. Shaffer stated that the owner of the Koontz Property had made public presentations regarding the future of the property during the 1998 Comprehensive Plan public hearings. Mr. Shaffer stated during the 1998 Comprehensive Plan public hearings, his client stated he would apply for the Neighborhood Commercial Zone classification if adopted The Mayor and Common Council. Mr. Doug Leffert of 615 Thornbury Court asked what the zoning classification of the Emmeret Property currently is. Mr. Beyard stated it is currently zoned "R-20,000" Residential. Mr. Brown asked if the Koontz Property has always been zoned "R-20,000" Residential, why should it not remain that way in perpetuity. Ms. Tucker stated that while drafting the 1998 Comprehensive Plan, staff recognized that the Koontz Property could be developed at a greater density than what it is currently zoned. This property has also been targeted to assist in managing the expected growth of the City. Mr. Brown asked if the Emmeret Property would be classified "R-20,000" Residential if annexed into the City. Mr. Beyard stated that the developer of the Emmeret Property has approached the City about initiating an annexation. Mr. Beyard stated that the developer has never indicated they would prefer the Emeritt Property to be classified "R-10,000" Residential. Mr. Brown stated that he would like the Commission to consider the entire corridor North of MD Route 140 and South of Meadow Branch Road when considering what recommendation they will make to the Mayor and Common Council. Mr. Wiskeman closed the public hearing at 7:37 p.m. and stated the Commission shall receive written comments until Friday, June 29, 2001 at 4:30 p.m.

Mr. Beyard presented Mr. Henry Resnikoff with HRW, LMT for a site plan modification of the Westminster Marketplace. Mr. Beyard stated that this is a minor modification concerning the placement of the sign for the Westminster Marketplace. Mr. Beyard stated that the only change would be to move the sign forty (40) feet from MD Route 140 rather than the previously approved three hundred (300) feet. On motion of Ms. Bair, seconded by Mrs. Palmer the site plan modification for the Westminster Marketplace was approved as presented.

Mr. Beyard presented sign permit application No. 984 for The Home Depot. Ms. Rosalyn Holderfield with Collin Sign Inc. was present and discussed the sign package for The Home Depot. Ms. Holderfield stated that The Home Depot will only have five hundred thirty five (535) square feet of signage at the site. On motion of Ms. Bair, seconded by Mrs. Palmer sign permit application No. 984 was approved as presented.

Mr. Beyard presented sign permit application No. 981 for Kohl's. Mr. Keith Hohlbin presented the sign package for Kohl's. Mr. Hohlbin stated that Kohl's will only have two (2) wall signs on the store. On motion of Mrs. Palmer, seconded by Mr. Ferguson sign permit application No. 981 was approved as presented.

Mr. Beyard presented sign permit application No. 982 for Heritage Nissan. Mr. Beyard stated that the application contained three (3) signs; two building signs and a freestanding pylon sign. Mr. Beyard stated that the Commission only needed to consider a single wall sign that contains the word "Nissan" because the other two signs are small enough that the Zoning Administrator can approve them. On motion of Mr. Wiskeman, seconded by Ms. Bair sign permit application No. 982 was tabled until the Commission could be informed of the Zoning Administrator's decision regarding the other two signs contained in the application.

Ms. Tucker presented a draft Zoning Text Amendment titled Housing for Older Persons which was for the Commission's preliminary review. Ms. Tucker stated that this Zoning Text Amendment if adopted will amend the "R-7,500" Residential Zone. This amendment will add a definition of Housing for Older Persons and will allow this type of housing as a special exception in the "R-7,500" Residential Zone. Mr. Beyard stated that providing housing for older persons is becoming important to the City as the population of Westminster is aging. Mr. Ferguson stated that although this type of housing is not meant for individuals with disabilities, it would be useful to determine whether or not larger parking spaces should be required for this type of housing. The Commission concurred and stated it would like to see larger parking spaces provided for within the Zoning Text Amendment. Ms. Tucker asked the Commission if they would be prepared to conduct a public hearing at their July 2001 meeting. Mr. Wiskeman stated that the Commission would be prepared for a public hearing at the July 2001 Commission meeting.

Mr. Beyard presented the Annual Water Report for the year 2000. Mr. Beyard stated that in the year 2000, the number of water accounts increased by 2.2%. Mr. Beyard further stated that the unaccounted water at the main water system decreased to 23%, while the Wakefield system unaccounted water increased to 19.3%. Mr. Beyard concluded that the City needs to maintain its efforts to preserve water while continuing its effort to discover new water sources so the City can maintain its current level of service.

Mr. Wiskeman asked as to the status of the Wakefield Community Trail. Ms. Tucker stated that the project is very close to receiving SHA approval and at that point the project will be advertised for bids.

Mr. Wiskeman asked if the Commission could convey comments to the Zoning Administrator regarding the freestanding pylon sign at the Heritage Nissan car dealership. Mr. Wiskeman stated that the Commission is concerned with the impact that too many freestanding signs has had on the safety and aesthetics to MD Route 140 and perhaps Heritage Automotive may not need another sign for their third dealership on that site. Mr. Wiskeman asked Mr. Beyard to convey these concerns to the Zoning Administrator before the Zoning Administrator rendered a decision regarding the Heritage Nissan freestanding sign. Mr. Beyard stated he would convey the Commission's concerns to the Zoning Administrator.

The meeting was adjourned at 8:30 on motion of Ms. Bair, seconded by Mr. Ferguson and duly passed.

Respectfully submitted,

SHAWN SIDERS
Secretary