Westminster Planning & Zoning Commission

CITY OF WESTMINSTER, MARYLAND PLANNING AND ZONING COMMISSION August 9, 2012 The regular meeting of the Westminster Planning and Zoning Commission was held in Westminster City Hall on August 9, 2012, at 7:00 p.m. Chairperson Bair; Members Palmer, Graham and Beaver; Brooks Leahy, esq.; Russ Walter (Anchor Sign, Inc.); Semler Garcia (Graduate Student); County Planner Graf; and, Interim Director Horn were in attendance. Members Wack and Graham were absent. On motion of Mr. Beaver, second by Ms. Palmer, the minutes of the meeting of June 14, 2012, were approved. 2011 Planning Annual Report Chairman Bair allowed the 2011 Planning Annual Report to be moved up on the agenda in anticipation of Ms. Graham’s arrival prior to the start of a scheduled public hearing. Mr. Graf presented the 2011 Planning Annual Report. The Maryland Department of Planning (MDP) requires each jurisdiction in the State to submit an annual report. Carroll County traditionally has prepared the report for Carroll and its incorporated municipalities and did so again for the 2011 calendar year. Mr. Graf highlighted the report for the members while discussing comprehensive plan and text amendments considered, annexations, rezonings and other planning related items within the City and throughout Carroll County. Having no further questions, the Commission accepted the 2011 Annual Report without objection and thanked Mr. Graf for his presentation. ‘petco’ Sign Request Chairman Bair allowed the ‘petco’ Sign Request item to be moved up on the agenda in anticipation of Ms. Graham’s arrival prior to the start of a scheduled public hearing. 1 Mr. Horn reviewed a sign request from ‘petco’ for a wall sign in excess of 64 square feet (any request for signage in excess of 64 square feet within the ‘B’ Business zone requires consideration by the PZC). An exhibit detailing the proposed signage, to be situated on the front of the old Super Fresh store where ‘petco’ proposes to locate, was distributed for review by the members. Mr. Walter, in attendance on behalf of ‘petco’, offered to answer any questions the Commission may have. The Commission, on motion of Mr. Beaver, and second by Ms. Palmer, approved the sign request. (Ms. Graham entered the meeting.) Public Hearing on Zoning Map and Text Amendments Ms. Bair welcomed those in attendance to the Public Hearing on Zoning Map and Text Amendments. She noted that she and Ms. Palmer, due to ongoing professional relationships with McDaniel College, would recuse themselves from participation in this matter. Mr. Horn introduced the item for the members, reviewed the hearing advertisement and property posting efforts related thereto, and opened the public hearing for comment. Mr. Brooks Leahy spoke on behalf of the College Square Shopping Center owner, Black Oak Associates. He explained that the change to the original zoning of the College Square property, specifically the rezoning of the property to ‘N-C’ Neighborhood Commercial as part of the 2009 Westminster Comprehensive Plan update, was a mistake and created problems for Black Oak Associates under covenants currently dictating refinancing terms for the property. Mr. Leahy noted that, as a result of the rezoning, the Safeway store and Burger King restaurant are now ‘non-conforming uses’. This ‘non-conforming’ status compromises the owner’s ability to refinance their bank loan. Consequently, Mr. Leahy is requesting that the Commission: positively consider the requested zoning change; find that the change from ‘B’ Business to ‘N-C’ Neighborhood Commercial was a mistake; and, support rezoning the property back to its original ‘B’ Business zone. 2 There being no further public testimony, the Commission, on motion of Ms. Graham, second by Mr. Beaver, agreed to close the hearing and allow the record to remain open for a period of ten (10) days for the purpose of accepting any further written testimony. The Commission directed staff to schedule this item for further public deliberation and decision as soon as practicable. Program Open Space (POS) Projects Review Chairman Bair opened discussion of the Program Open Space (POS) Projects Review item. Mr. Horn provided members with a summary of the items under consideration for funding. Specifically, the items included: $85,000 for an extension of the Wakefield Valley Trail (between Uniontown Road and WMC Drive); and, $58,000 for the purpose of replacing 8 light poles and 14 park benches in Belle Grove Square. Mr. Horn indicated that the role of the Commission in POS requests is to determine consistency with the City’s Comprehensive Plan. Upon motion of Ms. Palmer, and second by Ms. Graham, the Commission found the projects under review to be consistent with the City’s Comprehensive Plan. Chairman Bair signed letters indicating the Commission’s consistency finding and support for the projects. City Planning Department Mr. Horn briefed the Commission on several items under the City Planning Department discussion item. He informed the Commission that a request for $660,000 in Community Legacy funding was being prepared for submittal to the Department of Housing and Community Development (DHCD). The funds would assist the City in upgrading its handicapped accessible sidewalk ramps. Mr. Horn also noted that a request for $150,000 was being prepared to continue the City’s ongoing façade improvement program. Successful funding of this program would represent 10 straight years of funding availability for City merchants and residents seeking to improve the exterior appearance of their homes and businesses. 3 Mr. Horn indicated that a committee appointed by the Mayor was preparing a draft ‘Rental Licensing Program’ which would seek to regulate and improve all rental living units in the City. Mr. Horn said he would continue to update the Commission as the effort progressed. County Planning Department Mr. Graf had no new business to share with the Commission under the County Planning Department discussion. There being no further business to discuss, by unanimous consent, the meeting was adjourned at 9:15 p.m. Respectfully submitted, Steven C. Horn, Interim Director of Planning, Zoning & Development 4