Planning and Zoning Commission

MINUTES OF PLANNING AND ZONING COMMISSION MEETING

December 14, 2006

A meeting of the Westminster Planning and Zoning Commission was held at 7:00 p.m. in the Council Chambers of City Hall on the evening of December 14, 2006.  Chairperson Bair; Members Albert, Beaver, Graham, and Palmer; City Attorney Walsh; Manager of Planning and Development Davis; City Planner Fisher; County Planner Graf; and members of the public were present.

The minutes of the November 14, 2006 meeting were approved as presented on motion of Ms. Graham.

Mr. Fisher presented the Site Plan for North Village Phase II at McDaniel College.  Mrs. Palmer recused herself from the discussion and the vote.  Mr. Fisher stated that the three proposed dormitories would provide approximately 12,000 square feet of student housing and would cap the North Village courtyard.  The campus access road would be relocated northward to access Pennsylvania Avenue at the current location of the grounds maintenance garage.  A bump-out would be constructed in front of the golf shop to smooth traffic movements at the Sullivan Drive intersection.  Mr. Fisher noted that the project would result in a net increase in parking along the improved Pennsylvania Avenue frontage.  Dr. Ethan Seidel, a representative of the applicant, stated that the project would not result in an increase in the student population as residents would be relocated from other campus housing.  In response to a question from Ms. Graham, Dr. Seidel stated that the architectural style of the new dormitories would match the other North Village buildings.  In response to questions from Mr. Beaver and Ms. Bair, Mr. Fisher listed right-of-way limitations and impacts to historic structures as considerations that limited the potential for a true four-way intersection with center turn lanes at Sullivan Drive.  Mr. Fisher stated that the Carroll County Health Department found the proposal to be consistent with the Master Plan for Water and Sewerage in the summer of 2006.  The Site Plan for North Village Phase II at McDaniel College was approved on motion of Ms. Graham, subject to the satisfaction of outstanding agency comments.

Mr. Fisher presented the Final Plat for Westminster Mews Lots 1 & 2.  The subject property comprises approximately 7.7 acres at the northeast corner of the Center Street & Gorsuch Road roundabout.  Mr. Fisher stated that the property is split-zoned between the City’s ‘B’ Business and “R-7,500” Residential zones, and the proposal would subdivide the property into two lots roughly along the zoning line.  Lot 1 is currently improved by the Westminster Ridge senior housing complex; however, Lot 2 would contain 1.4036 acres of vacant land.  Mr. Fisher noted that the Plat would prohibit vehicular access to either lot from Gorsuch Road and Center Street.  He also stated that, since the vacant commercial land could be developed without a Plat, the adequacy of the water system to handle future development on Lot 2 would be checked at the Site Plan stage.  The Commission then approved the Final Plat for Westminster Mews Lots 1 & on motion of Mrs. Albert, subject to the conditions noted on the plat and the satisfaction of outstanding agency comments.

The Commission then considered a recommendation to The Mayor and Common Council in regard to Zoning Text Amendment No. 06 – 7.  The amendment would explicitly prohibit tattoo parlors in the ‘D-B’, ‘C-B’, and ‘C-C’ zones, and would remove the term “specialty shops” from the list of permitted uses in the ‘D-B’ and ‘C-B’ zones.  Mr. Fisher presented a staff analysis of the amendment, reporting that the amendment falls near the middle of a spectrum of restrictions in place across the country.  He stated that tattoo parlors would remain a permitted use in the ‘B’ zone, which comprises 70% of the commercially-zoned land in the City.  He remarked that the replacement of the ‘B’ zone with the ‘D-B’ zone in parts of downtown six years ago reflects the City’s vision that development in downtown should differ somewhat in use and form from other commercial areas.  As an illustration, Mr. Fisher cited several principal permitted uses in the ‘PRSC’ zone that are not so listed in the ‘D-B’ zone.  He also noted that gun shops are explicitly excluded in the ‘D-B’ zone, yet are permitted in the ‘B’ zone.  He conveyed staff’s support of a favorable recommendation to The Mayor and Common Council based on the analysis and the inconsistency of the use with the City’s vision for the ‘D-B’ zone.  Mr. Fisher noted that the Commission had received a letter from Councilman Pecoraro that outlined his recollection of the City’s intentions for permitted uses in the ‘D-B’ zone.  Ms. Bair stated that her memory of that visioning process was consistent with that of Councilman Pecoraro.  She continued that specific uses were listed with the intent to maintain control over the character of downtown.  Mrs. Palmer voiced a similar recollection.  Mrs. Albert stated that the decision must be based on compatibility rather than stigma, and that tattoo parlors are not compatible with certain zones.  Ms. Graham expressed concern that the amendment was a reaction to a single case and called for a more comprehensive review of the permitted uses in the ‘D-B’, ‘C-B’ and ‘C-C’ zones.  Ms. Graham remarked that the text amendment could have a negative effect on economic development.  Mr. Beaver expressed his belief that the ordinance was not unduly restrictive.  Ms. Graham moved for an unfavorable recommendation on the text amendment with a comment that a broader review of permitted uses is needed.  The motion died for lack of a second.  On motion of Mrs. Albert, the Commission forwarded Zoning Text Amendment No. 06 – 7 to The Mayor and Common Council with a favorable recommendation.  Ms. Graham voted against the motion.

In response to a question from Ms. Graham, Mr. Walsh clarified that the Council had only expressed recollections, not recommendations, in regard to the issue under consideration.   Mr. Walsh reviewed the recent history of the issue, identifying circumstances over the past few years that have raised the issue of the appropriateness of tattoo parlors in downtown zones. 

Mr. Davis updated the Commission on the Village of Meadow Creek commercial project.

The meeting was adjourned at 7:54 p.m. on motion of Mr. Beaver.

Respectfully Submitted,

ERIK FISHER
Secretary