MINUTES OF PLANNING AND ZONING COMMISSION MEETING

November 13, 2003          

            A meeting of the Westminster Planning and Zoning Commission was held in City Hall on the evening of November 13, 2003, at 7:00 p.m.  Members Beaver, Bair, Palmer, and Albert; Chairman Wiskeman; Director of Planning and Public Works Beyard; City Attorney Walsh; Manager of Planning & Development Siders; Technical Planner Fisher; County Planner Graf; and members of the public were present.

            On motion of Ms. Bair, seconded by Mrs. Palmer, the minutes of October 9, 2003 were approved as presented.

            Mr. Fisher presented Sign Permit No. 1070 – Sears.  Mr. Fisher stated that the applicant is proposing the replacement of the existing signage with an identical 422 square-foot sign package.  The package includes three “Sears” wall signs at 120 square feet, one “Auto Center” sign at 48 square feet, and one “Merchandise Pickup” sign at 11.5 square feet.  On Motion of Mrs. Palmer, seconded by Mrs. Albert, the Commission unanimously approved Sign Permit No. 1070.

            Mr. Siders presented the “PARMU” Pennsylvania Avenue Residential Mixed-Use zone for the consideration of recommendation by the Commission.  Mr. Siders recounted the history of the proposed zone and noted that a public hearing had been held on September 11, 2003.  On October 9, 2003 the Commission voted to extend the public comment period until November 3, 2003.  Mr. Siders stated that the Commission had received comments both supporting and opposing the “PARMU” zone.  Mr. Siders summarized the comments and noted several recommendations from GWDC and MDP to modify the zone.  Mr. Beyard responded to a recommendation from GWDC that offices be included in the permitted uses by stating that the Lower Pennsylvania Avenue Committee did not recommend offices to be included in the zone.  Mr. Beyard stated that the proposed commercial uses essentially restate the recommendations from LPAC.  He stated that the Commission could recommend that the commercial uses be included under the special exception provisions of the zone to require additional review on a case-by-case basis.  Ms. Bair stated that written correspondence from LPAC on the “PARMU” zone would have been helpful.  Ms. Bair conveyed her concern that the existing parking problems in the neighborhood would be magnified with additional commercial uses on Pennsylvania Avenue.  She also stated that a late-night business on West Main Street has negatively impacted that street.  In response to a question from Mrs. Palmer, Mr. Siders clarified the intent of the “N-C” Neighborhood Commercial zone to provide for a larger scale and wider range of commercial uses than would be compatible with the character of Pennsylvania Avenue.  Mrs. Albert noted significant community opposition to the “PARMU” zone and stated that commercial opportunities could restrict the supply of available housing in the neighborhood.  In response to a question from Mr. Beaver, Mr. Beyard noted that the vote by LPAC to recommend limited commercial uses on Pennsylvania Avenue was divided.  Chairman Wiskeman requested a status report of the recommendations submitted by LPAC.  Speaking as a member of LPAC, Ms. Rebekah Orenstein stated that some members of the Committee and the neighborhood felt disenfranchised from the authoring of the “PARMU” zone.  Ms. Lori Graham, also a member of LPAC, stated that there was also a feeling among Committee members that new businesses could curb the proliferation of drug houses.  Chairman Wiskeman suggested that the introduction of “PARMU” zoning may be premature and that some of the other 21 recommendations submitted by LPAC may adequately address the problems identified in the neighborhood.  Mr. Beaver asked what governs the provision of parking for new commercial uses.  Mr. Beyard responded that the City’s zoning ordinance stipulates minimum parking requirements based on the use, adding that a business could not open without satisfying the provisions of the ordinance.  Mr. Beaver then asked how an existing office could expand under the existing “R-7,500” Residential zoning.  Mr. Beyard stated that an existing office in that zone is a non-conforming use and cannot expand.  Mr. Eric Horgos, also speaking as a member of LPAC, suggested that mixed-use zoning was largely responsible for economic development on East Main Street and that businesses have an extra incentive to house responsible tenants.  Mr. Walsh outlined the Commisison’s options for action on the “PARMU” zone.   Mr. Beaver stated his belief that the “PARMU” zone could be beneficial, but that significant community opposition should not be overlooked.  Mrs. Palmer suggested that the community needs to be more involved, more informed, and that the parking situation needs to be resolved.  Ms. Bair stated that the results of other LPAC recommendations should be examined before the zoning is changed.  On Motion of Mr. Beaver, seconded by Ms. Bair, the Commission unanimously forwarded the “PARMU” Pennsylvania Avenue Residential Mixed-Use zone to The Mayor and Common Council with an unfavorable recommendation.

            Mr. Siders presented the Amendment to the Water & Sewer Master Plan for 324 Crest Lane.  Mr. Siders stated that the applicant is requesting reclassification of the 5.7 acre property from the W5/S5 “Future Service” categories to the W1/S1 “Existing and Final Planning” categories.  Mr. Siders stated that the reclassification from W5 to W1 is procedural as the property has existing City water service.  City sewer service is necessary for the expansion of a school and sanctuary on the site.  The applicant is requesting reclassification from S5 to S1 to make the property eligible for consideration of a Good Cause Waiver for sewer service.  On Motion of Mrs. Albert, seconded by Ms. Bair, the Amendment to the Water & Sewer Master Plan for 324 Crest Lane was unanimously approved.

            Mr. Siders presented the Site Plan for Westminster Shopping Center.  Mr. Siders stated that the plan proposes the expansion of the existing footprint by 17,000 square feet to accommodate a Food Lion grocery store.  The plan also proposes the closure of the site’s eastern access point to MD Route 140, and allows for the future development of a pad site.  Mr. Siders stated that the plan does not meet the minimum parking requirements and that the applicant has filed for an Administrative Adjustment to the parking standards to bring the plan into conformance with the zoning ordinance.  Staff recommends approval of the site plan contingent on the granting of an Administrative Adjustment to the parking requirements for the site.  Mr. Michael Schwartzman of WRIT, the developer of the project, stated that delivery trucks will be able to turn around with a slight modification to the footprint of the shopping center.  Mr. Ned Howe of KCW stated that the Fire Department has no issues with the proposed footprint.  On Motion of Ms. Bair, seconded by Mrs. Palmer, the Site Plan for Westminster Shopping Center was conditionally approved subject to the granting of an Administrative Adjustment to the parking requirements for the site.

           Mr. Siders presented the Site Plan for Enterprise Rent-A-Car.  Mr. Siders stated that the applicant is proposing the renovation of the Shell gas station on the southwest corner of the MD Route 97 South and MD Route 140 intersection.  The plan includes the addition of a car wash and the closing of the two access points closest to the intersection.  Staff recommends approval of the site plan subject to agency review.  In response to a question from Ms. Bair, Mr. Beyard stated that SHA has identified the property as impacted in several alternatives for the MD Route 140 Capacity Improvement Study.  On Motion of Mrs. Albert, seconded by Mr. Beaver, the Site Plan for Enterprise Rent-A-Car was conditionally approved subject to agency review.

           Mrs. Palmer asked if downtown businesses are required to recycle.  Mr. Beyard stated that businesses must privately contract for waste removal and that the City does not require recycling.  Mr. Beyard noted that recycling saves money on tipping fees.

           Mr. Beyard updated the Commission on discussions about a bypass around Westminster.  Mr. Beyard stated that the County Commissioners have released some of the right-of-way for the previous alignment.  A joint meeting of the County Commissioners and The Mayor and Common Council will be held after the first of the year to discuss the project.  Mr. Beyard stated that the State will look for a unified voice from the City and County regarding the priority and location of the bypass.

            Ms. Bair inquired about the status of the Lowe’s site.  Mr. Beyard reported that a commercial developer well known for redevelopment projects has acquired the K-Mart Shopping Center and in negotiations to buy the Lowe’s site to develop the two sites as a unified entity.

            There being no further business, the meeting was adjourned at 8:00 p.m. on Motion of Ms. Bair, seconded by Mrs. Palmer and unanimously approved.

Respectfully Submitted,

Erik N. Fisher,
Secretary