MINUTES OF PLANNING AND ZONING COMMISSION MEETING

September 15, 2004          

A meeting of the Westminster Planning and Zoning Commission was held at Westminster City Hall, 1838 Emerald Hill Lane, on the evening of September 15, 2004 at 7:00 p.m. Members Albert, Graham, Palmer, and Beaver; Director of Planning and Public Works Beyard; City Attorney Walsh; Assistant Town Planner Fisher; and members of the public were present.

On motion of Ms. Albert, seconded by Ms. Graham and duly passed, the minutes of the meeting of August 12, 2004 were approved as presented.

Mr. Fisher presented Sign Permit No. 1104 for Spirit Halloween Superstores at the Cranberry Square Shopping Center.  The proposed 160 square foot, temporary sign would hang on the front of the store facing Center Street. Mr. Fisher stated that staff recommended approval. On motion of Ms. Graham, seconded by Mrs. Albert, Sign Permit No. 1104 was approved.

Mr. Fisher presented the Site Plan for West Branch Trade Center Lot #7.  The developer, G.T. Brothers Custom Cabinetry, is proposing a 13,174 square foot warehouse on the 2.3805 acre site.  The parcel is located in the City’s “I-R” Restricted Industrial zone at the corner of West Branch Road and Tech Court off MD 97.  Mr. Fisher noted that access would be via a single entrance from Tech Court.  Staff recommended approval subject to the satisfaction of agency review comments.  In response to a question from Mrs. Albert, Mr. Fisher described the landscaping proposed for the site.  On motion of Mrs. Albert, seconded by Mr. Beaver, the Site Plan for West Branch Trade Center Lot #7 was conditionally approved, subject to agency review and comment.

Mr. Fisher presented the Site Plan for Pizza Hut.  The applicant proposes the construction of a 4,520 square foot restaurant to be located on the southeast corner of the intersection of Center Street & Cranberry Road.  The 1.5 acre property is located in the City’s “B” Business zone.  Mr. Fisher stated that the site would have a right-in-only access point from Center Street as required by Carroll County Government.  The site would also have a full access point from Cranberry Road through a shared access agreement with the adjacent commercial lot.  Mr. Fisher stated that staff is recommending conditional approval, subject to the satisfaction of agency comments.  In response to questions from the Commisison, Mr. Peter Podolak, the engineer for the project, described the proposed flow of traffic and truck access in more detail, and also described the proposed landscaping and stormwater management designs for the site.  The developer of the restaurant briefly described the products to be provided at the new site.  On motion of Mrs. Albert, seconded by Ms. Graham, the Site Plan for Pizza Hut was conditionally approved, subject to agency review and comment.

Mr. Fisher presented the Site Plan for Westminster Air Business Center Lot #4.  The applicant, Glamour Moving Company, is proposing the construction of a 9,000 square foot maintenance shop as well as parking and storage areas for the company’s moving vans.  The project would be located on a 2.014 acre parcel located off Landing Lane in the Westminster Air Business Center.  The parcel is zoned “I-R” Restricted Industrial on the City’s zoning map.  Mr. Fisher stated that staff recommends approval of the site plan, subject to the satisfaction of agency review comments.  The Commission briefly reviewed the landscape plan for the project.  On motion of Ms. Graham, seconded by Mr. Beaver, the Site Plan for Westminster Air Business Center was conditionally approved, subject to agency review and comment.

Mr. Fisher presented the 2nd Amended Site Plan for Westminster Crossing.  Mr. Fisher stated that the applicant was proposing several additions and new pad sites for the existing shopping centers located on the north side of the intersection of MD 140 and Englar Road.  The additional square footage for all of the proposed additions and pad sites would total approximately 22,000 square feet.  Both shopping centers are located in the City’s “B” Business zone.  Mr. Fisher stated that the developer has been working with the City, County, and State Highway Administration to identify road improvements that would mitigate the added impact of the proposed site work on local traffic.  Mr. Fisher stated that these improvements included the addition of left turn lanes on to Englar Road from both approaches of Woodward Road, as well as the addition of a second left turn lane from Englar Road on to MD 140, to match the future condition of the opposite side of Englar Road.  Mr. Fisher stated that the access point from Englar Road into the old Lowes portion of the site would be shared by Westminster Crossing and the independent one-acre parcel located on the southeast corner of the Englar Road & Clifton Blvd intersection.  Mr. Fisher stated that staff recommends conditional approval of the site plan, subject to the satisfaction of agency review comments, as well as the satisfaction of SHA, County, and City comments regarding area road improvements.  The attorney for the developer further described the proposed improvements, answering questions from the Commission regarding design features and on-site traffic flow.  On motion of Mrs. Albert, seconded by Ms. Graham, the 2nd Amended Site Plan for Westminster Crossing was conditionally approved, subject to agency review and comment and the satisfaction of City, County, and SHA requirements for road improvements to Englar Road and Woodward Road.

Mr. Fisher presented the Amended Plat for Westminster Crossing.  Mr. Fisher stated that the applicant was filing the amended plat to adjust several easements on the property near the southeast corner of the intersection of Englar Road and Clifton Blvd.  The amended plat proposes the elimination of access points from the corner of the property on to Englar Road and Clifton Blvd.  Access to this portion of the site would be provided through a common access easement for the entrance to Englar Road located farther south.  In addition the plat provided for a sewer line easement to facilitate future utility maintenance work.  Mr. Fisher stated that staff recommends approval of the amended plat.  On motion of Ms. Graham, seconded by Mr. Beaver, the Amended Plat for Westminster Crossing was approved.

Mr. Fisher presented the Preliminary Plan for Frizzell’s Final Addition.  Mr. Fisher stated that the plan proposes the subdivision of the site into six lots to facilitate the construction of six townhouses on the property.  The 0.6202 acre site, located at the southeast corner of Church & Charles Streets, is part of the City’s “PD-9” Planned Development zone and therefore was required to obtain approval of a development plan from The Mayor and Common Council at the time of rezoning.  Mr. Fisher recounted the approval history of the development plan for the site and stated that the preliminary plan was heavily based on the approved development plan.  Mr. Fisher stated that the developer would construct the missing section of Church Street in front of the property.  Mr. Fisher then described the parking and landscaping designs for the project.  Mr. Fisher stated that staff recommends conditional approval of the preliminary plan.  Mr. Fisher also stated that staff was interested in obtaining the input of the Commission regarding the construction of a jersey wall to separate the extension of Church Street from the existing portion of Church Street, as called for on the development plan.  Mr. Fisher relayed comments from the Westminster Police Department and the Westminster Volunteer Fire Department stating that construction of the jersey wall could lead to confusion and delay response time.  Ms. Palmer asked why the jersey wall was included in the development plan.  Mr. Fisher replied that area residents had voiced concern that the safety of pedestrians and children would be at risk should Church Street be allowed to become a through street.  After some discussion, the Commission reiterated the concerns of the police and fire services regarding the construction of the jersey wall.  On motion of Ms. Graham, seconded by Mr. Beaver, the Preliminary Plan for Frizzell’s Final Addition was conditionally approved, subject to agency review and comment.

Mr. Fisher presented Local Map Amendment Nos. 04-1 and 04-2.  Mr. Fisher stated that the applicants, Englar Business Center Limited Partnership and Westminster Self Storage, LLC were requesting the rezoning of Parcels K and L of the Englar Business Center from the City’s “B” Business zone to the City’s “I-R” Restricted Industrial zone.  The properties are located south of the Post Office on Woodward Road.  Mr. Fisher stated that staff found no significant impacts on transportation, community facilities, water & sewer, or environmental resources should the rezoning take place.  Mr. Fisher stated that the requested zone is inconsistent with the Land Use Map adopted with the 2004 City of Westminster Comprehensive Plan.  Mr. Fisher briefly recounted the history of land use regulation regarding the subject parcels, explaining that they had been rezoned to the Business zone subsequent to a finding in the 1998 plan that the City’s industrial land was threatened by an inadequate supply of commercial land.  Mr. Fisher noted that since that time, The Mayor and Common Council had restricted the permitted uses in the Restricted Industrial zone, thus providing direct protection of the City’s industrial land.  Mr. Fisher stated that staff found that sufficient ground could exist for the Commission to find that a change in the neighborhood or a mistake in the existing zoning had occurred, thus allowing for a favorable recommendation of LMA Nos. 04-1 and 04-2 to The Mayor and Common Council.  Mr. Fisher noted that Mr. Dave Bowersox, the attorney for the applicants, was present to argue in favor of the rezoning petition.  Mr. Bowersox stated that the applicants had encountered difficulty in marketing the vacant lot under the Business zoning of the property.  He represented that the applicants now intend to construct an addition to their self-storage facility on the vacant lot.  Mr. Bowersox expressed his belief that since that the properties face the rear of Wal-Mart, that the Post Office is primarily industrial in character, and that there are no nearby residences, the requested zone is appropriate for these parcels.  Mr. Bowersox stated his opinion that carrying forward the 1998 reclassification of the land use from I-R to B through the 2004 Plan update was a mistake given the industrial character of the area.  In response to a question from Mr. Walsh, Mr. Bowersox clarified his belief that a mistake had occurred, not a change in the character of the surrounding area.  Mrs. Palmer asked what other uses would be permitted on the lots with a reclassification to the I-R zone.  Mr. Fisher stated that a majority of the permitted uses involve warehousing and light manufacturing.  Mrs. Palmer expressed concern that some of the higher-intensity permitted uses may not be appropriate for the Englar Business Center.  Mr. Fisher described the existing land uses in the vicinity of the rezoning request in response to a question from Mr. Beaver.  Mr. Beyard stated that the particular location and configuration of these parcels are likely to discourage the development of heavier industrial uses.  On motion of Ms. Graham, seconded by Mrs. Albert, Local Map Amendment Nos. 04-1 and 04-2 were forwarded to The Mayor and Common Council with a favorable recommendation.

Mr. Fisher presented Annexation No. 48, otherwise known as the Hoff/Naganna property.  Mr. Fisher stated that the approximately 146 acre property is located southeast of the existing corporate limits of Westminster.  The property is contiguous to the City limits via Willow Avenue.  Mr. Fisher stated that the existing zoning districts applied to the site would not change upon annexation.  Therefore, 120.03 acres of the property would be placed in the City’s “R-10,000” Residential zone, 7.45 acres of the property would be placed in the City’s “R-20,000” Residential zone and 18.61 acres would be placed in the City’s “C” Conservation Zone if the annexation is approved.  Mr. Fisher estimated that approximately 300 homes could be constructed given these zoning classifications.  Mr. Fisher stated that the Transportation Element of the Westminster Environs Community Comprehensive Plan calls for the extension of Chandler Drive through the site.  Mr. Fisher also stated that the developer has agreed to provide the City a per-dwelling payment, in addition to other improvements to mitigate the project’s impact on the City’s water and sewer facilities.  Mr. Fisher stated that public facilities appear to be adequate to serve the development at this time.  Mr. Fisher stated that staff recommends the Commission postpone action on the annexation request until all members of the Commission are present.  Mr. Marty Hackett and Mr. Marshall Green of CLSI, Inc., the engineer for the project, further described the site’s opportunities and constraints.  In response to a question from Mrs. Palmer, Mr. Beyard stated that there is precedent for extensions of the City limits along roadbeds to adequately fulfill the requirement that annexations be contiguous to the corporate boundary.  After a short discussion, the Commission deferred action on the Annexation of the Hoff/Naganna property until the next regular meeting of the Commission.

On the motion of Mrs. Albert, seconded by Ms. Graham and duly passed, the meeting was adjourned at 8:49 p.m.

Respectfully submitted,

ERIK N. FISHER
SECRETARY