Westminster Planning & Zoning Commission

CITY OF WESTMINSTER, MARYLAND PLANNING AND ZONING COMMISSION MINUTES August 14, 2014 DRAFT A meeting of the Westminster Planning and Zoning Commission was held at the John Street Quarters on Thursday, August 14, 2014, at 7:00 p.m. Chairperson Bair; Members Albert, Beaver, Graham, and Palmer were in attendance. Staff in attendance included: Community Planning & Development Director Steve Horn and City Planner Steve Sager. On motion of Ms. Graham, second by Ms. Albert, the minutes of the meeting of July 10, 2014, were approved. Public Hearing: K&G Properties, LLC—Joint Petition for Annexation and Zoning. Petitioner proposes: 1. Annexation of roughly 8.4601 acres total, including 4.9844 acres currently zoned ‘IR’ Restricted Industrial in Carroll County; and, 2. Rezoning of the subject property to the City’s ‘B’ Business Zoning District. 3. The property proposed for annexation is located between 1011 and 1041 Baltimore Boulevard. Chair Bair opened the public hearing. Community Planning & Development Director Steve Horn began his presentation by referencing the Public Hearing Notices which were duly advertised in the Carroll County Times on July 18th and 21st consistent with the requirements. Mr. Horn made reference to the Common Council Res 14-10 K&G Properties, LLC—Joint Petition for Annexation and Zoning which had been introduced on June 23rd on a unanimous vote. The proposed annexation and rezoning has been reviewed by City staff in compliance with requirements in the City Code and State Law. The proposed annexation is consistent with the City’s Comprehensive Plan and local functional plans (e.g.: street and water & sewer) as outlined in the staff report dated 8.14.14. Of note, Mr. Horn discussed the following items in particular:  Contiguity is achieved via the annexation of approximately 3.4757 acres of the MD 140 Right of Way to connect the subject property to the nearest existing City Limit approximately 410 feet to the west.  Subject parcel is located within the proposed level 1 service areas for water and sewer.  No additional increase is anticipated as a result of the proposed annexation to the public facilitates of schools, streets, etc.  Subject property is currently zoning IR by County. However, this property and the surrounding area is under consideration by County for rezoning to a business zoning district. The County does find that the proposed City zoning district of Business (B) is consistent with the County’s comprehensive Plan. Westminster Planning & Zoning Commission Minutes: August 14, 2014 Draft Public Hearing: K&G Properties, LLC—Joint Petition for Annexation and Zoning. (cont.) Mr. Horn then introduced Mr. Bowersox, attorney for the applicant, who in turn introduced Brian Sotka, Project Engineer for Sheetz from Altoona, Pa, the current property owner Kenneth Crouse and Marty Hackett of CLSI.  Mr. Bowersox, on behalf of the applicant, then reviewed State requirements for annexation: 1. Contiguity, as discussed by Mr. Horn 2. Approval of property owner(s) and/or registered voters. The property owner testified in support of the proposed annexation and rezoning. There are no residents living on the land to be annexed, therefore there are no registered voters. 3. Water-City water service is currently provided to the properties on either side of the subject property. The City’s water main transverses the subject property. 4. Land Use: County Comprehensive Plan designates the area business land uses. County currently entertaining a area based comprehensive rezoning to business that includes the subject property 5. Water Availability: Sheetz understands and accepts that the City is under a water moratorium as such there is no water capacity currently available for the subject property. Further they understand that they will subsequently be served by established criteria. 6. While gas pumps/sales are a significant component of the Sheetz compliment of services, food and conveniences are the primary business components. 7. Brian Sotka, Engineering Permitting Manager for Sheetz stated that the new Sheetz at Taneytown is the prototype of the facility proposed for construction on this site. 8. A secondary access to the Old Westminster Pike at the rear of the property is not anticipated at this time. Mr. Crouse owner of the property (& Crouse Ford) stated that he had anticipated building a Ford Dealership on the property until those plans were put on hold due to the negative economic climate of the Great Recession. A motion to close the Public Hearing was introduced by Ms. Graham and seconded by Ms. Palmer. Chair Bair declared the meeting closed at 7:36 pm A motion to move the petition forward with a favorable recommendation to the Mayor & Common Council was introduced by Ms. Graham and seconded by Mr. Beaver. Old Business: None 2 Westminster Planning & Zoning Commission Minutes: August 14, 2014 Draft New Business: 1. Introduction of Zoning Text Amendment: N-C Neighborhood Commercial Zone Purpose: allows properties in the N-C District access to a state road if access existed prior to adoption of the ‘N-C’ Neighborhood Commercial District. Mr. Horn introduced Mr. Marty Hackett who is seeking the proposed zoning text amendment. Mr. Hackett explained that there are presently 4 areas in the City with N-C zoning, 3 of them do not have such 2nd access to a state road. Therefore this change will not have any impact on the properties in those 3 areas. The 4th area with N-C zoning is next to Roop’s Mill and is the property for which Mr. Hackett is seeking the continued use of the 2nd access to a state road via the proposed zoning text change. Significant discussion ensued…”Anticipate certain realities” A motion to move the proposed text amendment forward with a favorable recommendation to the Mayor & Common Council was introduced by Ms. Albert and seconded by Mr. Ms. Palmer Planning and Zoning Commission Discussion: 1. City Planning Department: none 2. County Planning Department: none 3. Commission Members Reports: none There being no further business, the Commission adjourned at 8:43 PM. Respectfully submitted, DRAFT Steven T. Sager, City Planner Attachment: Memorandum, dated August 14, 2014, entitled K&G Properties Joint Petition for Annexation and Zoning 3