Planning and Zoning Commission
MINUTES OF PLANNING AND ZONING COMMISSION MEETING
October 14, 2004
A meeting of the Westminster Planning and Zoning Commission was held at Westminster City Hall, 1838 Emerald Hill Lane, on the evening of October 14, 2004 at 7:00 p.m. Members Albert, Graham, Palmer, and Beaver; Acting Chair Bair; Director of Planning and Public Works Beyard; City Attorney Walsh; Assistant Town Planner Fisher; County Planner Graf; and members of the public were present.
On motion of Ms. Graham, seconded by Mrs. Palmer, Acting Chair Bair was unanimously elected to serve a one-year term as Chair of the Commission. On motion of Mrs. Albert, seconded by Ms. Graham, Mrs. Palmer was unanimously elected to serve a one-year term as Vice Chair of the Commission.
On motion of Ms. Albert, seconded by Mrs. Palmer and duly passed, the minutes of the meeting of September 15, 2004 were approved as presented.
Mr. Fisher presented Sign Permit No. 1107 for Old Navy at Westminster Crossing. The applicant proposes a 150 square foot sign on the Englar Road façade and a 140 square foot sign facing MD 140. Mr. Fisher stated that the size of the proposed signs is in keeping with previously approved signs for retail uses in the Westminster Crossing development, and that staff recommended approval. On motion of Ms. Graham, seconded by Mrs. Palmer, Sign Permit No. 1107 was approved.
Mr. Fisher presented the Site Plan for Chick-fil-a. The developer is proposing a 4,200 square foot restaurant to be located on a pad site approved as part of the site plan for Westminster Shopping Center. The site is located in the City’s “B” Business zone near the southeast corner of MD 140 and Englar Road. Mr. Fisher noted that primary access would be provided via an existing access point on Englar Road. This access point is currently being reconstructed in accordance with the site plan approval received by the Westminster Shopping Center. Staff recommended approval subject to the satisfaction of agency review comments. In response to a question from Mrs. Palmer, Mr. Fisher stated that parking requirements had been addressed through the granting of an administrative adjustment prior to site plan approval for the Westminster Shopping Center. As a condition of that administrative adjustment, the developers of the Westminster Shopping Center paid a fee-in-lieu of providing the number of parking spaces that would have otherwise been required on the site. Mr. Beaver expressed concern that the restaurant could impede the safety of pedestrians as the building cut off a row of parking from the shopping center. Mr. Fisher stated that switching the location of the restaurant and the parking aisle would likely create vehicular conflicts with the entrance to the shopping center. On motion of Mrs. Albert, seconded by Ms. Graham, the Site Plan for Chick-fil-a 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 the Inn at Roop Mill. Mr. Fisher stated that the applicant proposes a bed & breakfast, conference and catering facility, and related parking on the site. The project is located on a 2.76 acre parcel adjacent to MD 140 that contains Roop’s Mill, a historic mill just west of Meadow Branch Cemetary. The project incorporates the historic nature of the mill into the site design. The parcel is zoned “N-C” Neighborhood Commercial on the City’s zoning map. Mr. Fisher stated that the proposed access to MD 140 must be closed after two years in accordance with the provisions of the N-C zone. Access would then be provided off a local road through the adjacent parcel. Mr. Fisher noted the protective features incorporated into the site design for the nearby stream and City well. Mr. Fisher reported that staff recommends approval of the site plan, subject to the satisfaction of agency review comments and the submission of an acceptable access agreement with the adjacent property. Ms. Bair asked what the ramifications would be for the site if alternative access were not provided within two years. Mr. Beyard answered that the City would work toward a feasible solution if the circumstance arose. On motion of Ms. Graham, seconded by Mr. Beaver, the Site Plan for the Inn at Roop Mill was conditionally approved, subject to agency review and comment and the submission of an acceptable access agreement with the adjacent property owner.
Mr. Fisher presented the 3rd Amended Site Plan for BJ’s. Mr. Fisher stated that the applicant was proposing a 2,000 square foot addition to the west side of the building. The site is located in the City’s “B” Business zone. Mr. Fisher stated that the addition meets the setback requirements for the zone and that staff recommended approval of the plan. Ms. Bair commented on existing problems with internal traffic circulation due to a lack of stop signs on the site. Mr. Fisher stated that he would review the approved site plan for BJ’s to determine if stop signs had been required. On motion of Ms. Graham, seconded by Mrs. Albert, the 3rd Amended Site Plan for BJ’s was conditionally approved, subject to agency review and comment.
Mr. Fisher presented the Preliminary Plan and Final Plat for the Dukehart Property. Mr. Fisher stated that the applicant was proposing the subdivision of the 1.036 acre property into three residential lots. The property is located in the City’s “R-7,500” Residential zone. Mr. Fisher stated that three lots exist on the property as described on land deeds; however, the applicant wishes to adjust the property lines to preserve the garage and pool associated with his existing residence in the center of the property. One existing and two new single family homes would occupy the property at final buildout. Mr. Fisher stated that the applicant was granted an administrative adjustment for the corner lot width of the easternmost proposed lot. Mr. Fisher noted that the plat would deed to the City eight feet of an existing alley located along the eastern and southern edges of the property. Mr. Beyard noted that the potential subdivision of the property was incorporated into the design of utilities and sidewalks for the Uniontown Road reconstruction. Mrs. Albert stated that the dedication of the alley was an important step to improving access to Old New Windsor Road in the vicinity of the property. On motion of Mr. Beaver, seconded by Ms. Graham, the Preliminary Plan and Final Plat for the Dukehart Property was approved, subject to outstanding agency comments.
Mr. Fisher presented Annexation No. 48 Hoff/Naganna Property for additional consideration by the Commission. Mr. Fisher briefly recounted the approval process for annexations. Ms. Palmer asked how the requirement that a property be contiguous to the corporate limits is interpreted for annexations of roadbeds. Mr. Beyard stated that the State courts have applied a ‘reasonableness test’ to past annexations. The City Attorney had reviewed the alternative routes for annexation of the property and had determined that the alternative before the Commission would likely meet the reasonableness test. Ms. Palmer asked if the City could annex the intervening parcels. Mr. Beyard stated that the Commission must consider petitions as they are submitted. Mr. Beyard noted that the City had annexed a narrow strip of land as part of the Westminster Apartments annexation. Ms. Bair expressed her concern that the current lot yield would negatively impact traffic flow on local roads and MD 97. She stated that limited stacking room exists at the light at MD 97 & Old Baltimore Boulevard, and that local residents already are unhappy with traffic patterns in the area. Mr. Graf stated that with the exception of the intersection, Old Baltimore Boulevard functions at a good level of service. In response to a question from Ms. Graham, Mr. Beyard stated that staff recommended approval based on the conditions outlined in the staff report. In response to a question from Mr. Beaver, Mr. Beyard stated that City utilities currently extend to Walnut Ridge. Mr. Beyard stated that City law requiring annexation for utility service compelled the developer to request annexation. The alternative would be for the applicant to request a Good Cause Waiver, and in that case another body would review the development. Mr. Beyard remarked that annexation would give the City more control over the outcomes of the review process. Mrs. Palmer asked how schools could be considered adequate when enrollment is projected to exceed capacity at some schools. Mr. Fisher responded that the total number of students is projected to be less than the total number of seats available for each level of schools in the area. Ms. Bair stated that the County should take a more aggressive track to open a new middle school in the Westminster area. In response to a question from Ms. Graham, Mr. Beyard explained that the proposed development would first be subject to all the required tests for public facilities when the preliminary plan was submitted for review. Mrs. Palmer asked if the site would yield additional water for the City. Mr. Beyard responded that on-site development of a water source was shown not to be feasible. Mr. Beyard stated that the fees for development could pay for other facilities related to the demand created by the development of the site. Mrs. Albert stated that public safety impacts must be considered during the development review process. On motion of Mrs. Albert, seconded by Ms. Graham, Annexation No. 48 Hoff/Naganna Property was forwarded to The Mayor and Common Council with a favorable recommendation. The Commission adopted the staff report as the report of the Commission concurrent with the motion.
Mr. Fisher presented Zoning Text Amendment No. 04 – 3 Housing for Older Persons. Mr. Fisher described the origins of the proposed text amendment, stating that the 2004 Comprehensive Plan identified a need and potential sites for the provision of senior housing in the City. The text amendment would create the Housing for Older Persons zone, which would classify senior housing as a principal permitted use. Presently, senior housing is only permitted as a special exception in the Zoning Ordinance. Mr. Fisher stated that properties identified on the Land Use Map of the Comprehensive Plan as sites for housing for older persons would be eligible for rezoning to the new zone. Mr. Walsh stated that the zone is designed as a floating zone that would require the approval of a development plan by The Mayor and Common Council. Ms. Bair asked how the zone would impact existing units. Mr. Fisher stated that the requirements of the zone are very similar to existing development on sites designated for the zone. On motion of Mrs. Palmer, seconded by Ms. Graham, Zoning Text Amendment No. 04 – 3 Housing for Older Persons was forwarded to The Mayor and Common Council with a favorable recommendation.
Mr. Beyard updated the Commission on the status of the MD 140 Improvement Study, stating that The Mayor and Common Council and the County Commissioners would send a joint letter outlining a common position on preferred alternates.
In response to a question from Mrs. Palmer, Mr. Beyard stated that in most cases, the grass between sidewalks and roads is in the public right-of-way.
In response to a question from Mrs. Palmer, Mr. Beyard stated that The Mayor and Common Council had recently approved a bid for the installation of streetlights on Pennsylvania Avenue. Ms. Palmer noted that several homes were listed for sale on Pennsylvania Avenue.
On the motion of Mrs. Albert, seconded by Ms. Graham and duly passed, the meeting was adjourned at 8:21 p.m.
Respectfully submitted,
ERIK N. FISHER
SECRETARY
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