Westminster Planning & Zoning Commission

Minutes Of the City of Westminster Planning Commission Meeting of April 9, 2015 Attendance of Planning Commission Members and City Staff: Chairperson Margaret R. Bair, Suzanne Albert, Common Council Member, Kevin W. Beaver, Lori Welsh Graham, and Nancy B. Palmer, Christopher N. Jakubiak, Acting Director of Community Planning and Development, Marge Wolf, City Administrator, and Scott Graf from the Carroll County Department of Planning. I. Call to Order Chairperson Margaret R. Blair called the meeting to order at 7:00 PM. She suggested a change to the meeting agenda altering the order of the items under New Business such that the discussion of the Annual Report would become the first item. The Planning Commission agreed to this change. II. Approval of Minutes As the minutes of the last planning commission meeting, February 13, 2015, were not available, the Planning Commission postponed action on their approval until a future meeting. III. Old Business There was no old business. IV. New Business 1. Planning Commission 2014 Annual Report. Chairperson Bair introduced Mr. Scott Graf of the Carroll County Department of Land Use, Planning and Development. Mr. Graf distributed copies of the draft report and summarized it which, by agreement with the City, also stands in for the Westminster Planning Commission’s Annual Report. Mr. Graf requested that the Planning Commission members take time to review it and offer any comments or questions at the next Planning Commission meeting. 1 2. Board of Appeals Referral Concerning a Special Exception in the Downtown Business Zone. J&J Future Estate, LLC has submitted an application to the Board of Appeals for approval of a Special Exception to operate an Auto Sale business at 132 W. Main Street (located at the intersection of Main and Pennsylvania) pursuant to Article VIIIB Downtown Business Zone, Section 164-45.9A(6), Special Exceptions of the City Code. Chairperson Bair introduced Mr. Jakubiak who briefed the Commission on the petition and the code section that provide that the Board of Appeals makes referral of Special Exception petitions to the Planning Commission for their review and recommendation. He summarized his staff report focusing on the standards set forth in the City Code for the review of Special Exceptions. The Planning Commission heard from the applicant Mr. Jay Unkart, Martha Anne Sitterding, attorney for the applicant, and Mr. Thomas Smith, an adjoining property owner who offered comments in opposition to the special exception noting potential negative impacts to the use, enjoyment and value of his residential property. After deliberation, including questions from the Commission members about lighting and security, the Planning Commission decided to offer no recommendation on the matter to the Board of Appeals. 3. Capital Budget Review and Recommendation. Chairperson Bair recognized Ms. Marge Wolf, City Administrator who reviewed the capital improvements program for fiscal years 2016 – 2021 with the Planning Commission. Ms. Wolf answered questions from the Commission members and after discussion the Commission, on a motion by Ms. Palmer seconded by Ms. Graham, voted unanimously to approved and recommend the CFY 2016-2021 CIP to the Mayor and Common Council. 4. Board of Appeals Referral Concerning a Special Exception in the R-7500 Zone. Ms. Barbara N. Griffin has submitted an application to the Board of Appeals for approval of a Special Exception for a converting a single family dwelling into two units at her property at 10 Kemper Avenue. Chairperson recognized Mr. Jakubiak to present his staff report and brief the case for the Planning Commission. He referred the Commission to the staff report which included a plot plan of the property and explained that Ms. Griffin proposes to improve the interior of the house—basement or ground floor level--into another dwelling unit and rent it but she would continue to live on the premises. He noted that the zoning code provides that the Planning Commission should review special exception petitions and may provide a recommendation to the Board of Appeals. Mr. Jakubiak explained the standards that the Board would need to apply in evaluating the special exception including the minimum lot area requirements and parking. He noted that the application indicated the applicant’s lot at 10 Kemper Avenue may fall short of the 10,000 square feet needed for the addition of a second dwelling unit. After discussion about the need to provide adequate parking on the lot, about the potential effect of headlights on adjoining residential properties and how landscaping can help address that concern, and about the possible lack of sufficient lot area, the Planning Commission on a motion by Mr. Beaver, seconded by Ms. Graham and carried unanimously offered the following by way of recommendation to the Board of Appeals: If the lot can comply with special exception standards that a lot contain at least 5,000 square feet of area for each dwelling unit, then the Special exception should be allowed provided the premises remain owner occupied and parking standards can be met. 2 5. Sign Review: Auto Zone Development, LLC located in the One Forty Village Shopping Center is seeking approval of signs. Chairperson Bair recognized Mr. Chuck Erwin of Northcraft Signs who attended as agent for Auto Zone seeking approval a signs for the building and site. He distributed color renderings of the signs prepared by a company called Jones Signs. While it was commented on, it not clear if and how the copies supplied that evening were different than those that were previously provided to the City and included in the Planning Commission pre-meeting packets. He described the proposed signs and that they were not submitted for approval with the recent site plan for the site which was already approved. Mr. Jakubiak then explained that, per city code, because the signs are proposed to be greater the 64 square feet they are required to be reviewed by the Planning Commission. He also recommended that in the future the Planning Commission should insist on reviewing a comprehensive sign package for new developments at time of site plan approval. He took time to read Section 164-121 of the City Code pertaining to on-premises business signs. He explained his view that the signs proposed in their total scale, size, location and arrangement on the building faces and amounted to substantial coverage of the building and site with signage in contravention of the expectations of the code. He noted the application does not come close to addressing the Development Design Preference booklet prepared for the City by the Planning Commission. He also discussed the directory sign located along MD Route 140 and about whether it was on the subject property or not. The Planning Commission discussed the total area devoted to signage, its arrangement on the building faces and the lack of aesthetic quality and compatibility between the proposed Auto Zone sign and the other sign faces on the large monument sign along MD Route 140 and conveyed to Mr. Erwin their desire that he meet with Mr. Jakubiak and the staff to bring the signage into greater character compatibility with the neighborhood aesthetic that is emerging with more recent development in the area. They discussed other recent commercial buildings in the neighborhood whose signs set a better all - around standard and higher quality for signs and fit more compatibly into the neighborhood and were better integrated into the architecture of the buildings. On a motion by Ms. Graham, seconded by Ms. Albert, and carried unanimously, the Planning Commission deferred action on the set of signs until the applicant could comply with its request to meet with the staff to discuss ways to bring the signs into greater compliance with the sign standards or submit an alternative for consideration. 6. Amendment to the Zoning and Subdivision of Land Section of the Code of Westminster. Referral for Recommendation by Mayor and Common Council of an Ordinance addressing the Allocation of Public Water; amending the site plan and subdivision plat review and approval procedures. Chairperson Bair asked Mr. Jakubiak to address the proposed text amendments to the zoning and subdivision regulations---Ordinance 853. He summarized the Water Allocation Policy—Resolution 15-2-- and the Ordinance that the Mayor and Common Council referred to the Commission for a recommendation. He explained that the text amendments contained in Ordinance 853, would address the site plan and subdivision plat approval processes and provide that upon review of a an acceptable site plan or concept plat, the Director of Community Planning and Development could issue a “tentative water allocation” to a development project, which would become final only upon approval of the plan or plat by the Planning Commission. After discussing the zoning and subdivision amendments, the Commission on a motion unanimously approved Resolution 15- 3  2 and Ordinance 853 and voted unanimously to favorably recommend Ordinance 853 for official adoption – which Ordinance, among other things amends sections of the zoning and subdivision regulations. The Planning Commission suggested that the planning staff review projects, which the Planning Commission may have previously approved and upon which it may have affixed restrictive conditions concerning water allocation, to see how the new procedures might affect such projects. V. Adjournment Prior to adjournment, the Planning Commission opened the floor for any comments. Ms. Albert noted her growing concern regarding the funeral home on Willis Street as it is causing parking problems in the neighborhood and Ms. Bair indicated that she too is aware of this issue. Ms. Graham noted that she would like to extend thanks to the City for its recent enforcement of pedestrian crosswalks in front of the County office building. She indicted it is working. A number of comments were made that the students of McDaniel College are not being good neighbors as evidence by many night disturbances and vandalism along the walking routes between the campus and downtown. The meeting was adjourned at approximately 9:20 PM. Submitted: Christopher N. Jakubiak, AICP Acting Director of Community Planning and Development 4