Westminster Planning & Zoning Commission

Minutes Of the City of Westminster Planning Commission Meeting of July 9, 2015 Attendance: Planning Commission Members and City Staff: Chair Margaret R. Bair, Suzanne Albert, Common Council Member, Kevin W. Beaver, Lori Welsh Graham, and Nancy B. Palmer, Christopher Jakubiak, Acting Director of Community Planning and Development and Scott Graf, Carroll County I. Call to Order Chairperson Margaret R. Blair called the meeting to order at 7:00 PM. II. Approval of Minutes The Planning Commission approved minutes of the May 14, 2015. III. Old Business There was no old business. IV. New Business 1. Carroll County Liaison, Mr. Scott Graff Mr. Scott informed the Planning Commission that the County is interested in initiating an update of the 2007 Environs Plan and noted that the County would prefer a joint venture. He also announced that if the City had any amendments for the County W&S Master Plan to contact Ms. Andrea Gerhard in the County’s planning office. Chairwoman Bair noted that the City had only recently adopted its comprehensive plan and asked for Mr. Jakubiak’s view on the matter. He in reply indicated that the City is not now prepared to review or update its growth area plan since it adopted the comprehensive plan in 2009 and has not seen much development activity on the City’s environs until recently given water constraints. 1  2. Board of Appeals Referral Concerning a Special Exception in the R-7500 Zone Chairwoman Bair turned to Mr. Jakubiak for an explanation and introduction of the matter. He referred to his July 9, 2015 staff report and summarized the background noting that Ms. Barbara N. Griffin had submitted an application to the Board of Appeals for approval of a Special Exception for conversion of a dwelling to two units at her property at 10 Kemper Avenue. This was referred to the Planning Commission for review. The Planning Commission deliberated on the matter on April 9, 2015 and formulated a recommendation for approval of the special exception provided certain conditions were met. He noted that Ms. Griffin and her attorney were not present at that April 9, 2015 meeting and that they were not provided written notification of the meeting. Because of this she through Mr. David Bowersox, Esq. requested that the Board of Appeals postpone its hearing to allow her to present her case before the Planning Commission. The Board did not grant her the request for postponement and instead, when the matter went to the Board of Appeals, the Board granted the applicant a continuance of the hearing to allow the applicant an opportunity to attend the July 9, 2015 Planning Commission meeting and present her proposal. At this point, Mr. Jakubiak introduced the applicant and Mr. David Bowersox, Esq., her attorney. Mr. Bowersox presented the application and provided information on the other properties in the neighborhood including a parcel map highlighting properties that had been or were currently rental properties with some of them having apartment units. He referred to the City staff’s report to the Board of Appeals and he fielded questions from the Planning Commissioners. On a motion by Commissioner Suzanne Albert, second by Commissioner Welsh Graham, the Planning Commission again voted to recommend approval of the special exception. Note: This motion, did not include conditions on the approval. 3. Sign Review: Auto Zone Development, LLC located in the One Forty Village Shopping Center. Mr. Jakubiak presented the revised application submitted by Auto Zone reminding the Planning Commission that applicant submitted a sign package at the April 9, 2015 meeting and the Commission tabled its decision in order to allow the applicant time to coordinate with planning staff and refine the proposal. Mr. Jakubiak noted that despite the changes to the overall sign package which reduced the square footage of signage significantly, the architectural rendering of the building fell short of expectations set forth in the City Design Preference Manual and by extension City Code, in his opinion. He noted however that when the site plan application was originally submitted to the previous planning staff, the staff coordinated with the applicant-- during the summer of 2014--to achieve modifications to the building’s proposed appearance and ultimately provided written acceptance of the architecture to the applicant prior to submitting the site plan package to the Planning Commission for its approval. Since the signage is intrinsically linked to the building’s appearance and design, the building signage was part of the building renderings reviewed by staff. The applicant acting on that staff acceptance of the renderings and submitted the site plan which was approved by the Planning Commission. At to the revisions, Mr. Chuck Erwin of Northcraft Signs attended the meeting as agent for Auto Zone seeking approval. Mr. Jakubiak paused in his summary to explain Hallo (or reverse) Lit letters 2  versus the more conventional channel lit letters used in commercial signage. He distributed a document prepared by staff that showed photo examples of them. Then he addressed the revisions to the original sign package application: 1. to decrease the front building wall to 36 inch max letter height providing a total reduction of 97 square feet in sign area. 2. to decrease the left wall sign to 30 inch letters for a total sign area reduction of 38 square feet. It would now be the same sign as the rear wall sign. 3. to use reverse channel halo lit letters for the building signs which will create a more pleasing appearance in the night time. 4. to decrease the width of the painted orange band on the building from 40 inches to 32 inches. 5. No changes are proposed to the monument sign. Following discussion, which centered on the Planning Commission desire to ensure that in the future it explicitly discusses building architectural quality and character, the City’s Design Preference manual, and all associated sign applications at the time of site plan review, the Planning Commission voted to approve the sign package for Auto Zone as revised by the changed noted above. 4. Final Plat, Stone Gate Subdivision (aka Neganna Property) Phase 1, 64 Single-family lots. Mr. Jakubiak distributed copies of the final plat, in three separate sections, and the improvements plan for Phase 1 of Stone Gate. He summarized both the plat and improvements plan recommending that the Planning Commission grant approval conditioned on the developer entering into a public works agreement with the County to undertake planned improvements to Old Westminster Pike and installing conduit for fiber optic for the subdivision. Chairwoman Bair opened the discussion of these items and recognized Mr. Clark Shaffer, Esq. who was representing the applicant. He in turn introduced the owners of the property and the engineer Mr. Marty Hackett, who verbally offered technical and procedural information about the road construction work required to Old Westminster Pike. The applicant found the conditions outlined by Mr. Jakubiak acceptable. The Planning Commission voted on a motion to approve the final plats and improvements plan for Phase 1 with the condition that the developer enter into a public works agreement with Carroll County to undertake the planned improvements to Old Westminster Pike and install fiber optic conduit for the subdivision to City specifications in coordination with the City Department of Public Works and utility providers. 5. Zoning Text Amendment, Chairwoman Bair asked Mr. Jakubiak to present an overview of the case: National Instrument Company, the owner of Carroll County Commerce Center has petitioned the Mayor and Council for a zoning text amendment which would have the effect of allowing professional and business offices as a permitted use in the Planned Industrial zoning district. The proposed text amendment 3  is as follows: Add to Section 164-65 of the Code the following new section: “L. Office, profession, business – nonresidential”. He then read from his staff report which was made available that evening concluding with a recommendation that the Planning Commission offer a positive recommendation to the Mayor and Council. Chairwoman Bair then recognized Mr. Clark Shaffer, Esq. who was representing the petitioner for the zoning text change. Attorney Shaffer made the point repeatedly that the Mayor and Council had in 2013 amended the zoning code to allow office uses in the Restricted Industrial district which is a far more intensively industrial zone than the Planned Industrial (PI) district. In citing the zoning code, he noted other uses that were allowed in the PI district which he argued were comparable to professional and business offices. He continued to present his petition following which, the Planning Commission deliberated for a long time on the topic of allowing more strictly non-industrial uses in the City’s industrial zoning districts. Commission Kevin Beaver outlined the background on the matter noting his understanding that a section of the zoning code has allowed the Planning Commission to address such questions on a case-by-case basis and it may be his preference that the Planning Commission deal with such applications this way rather than to grant a text amendment which would have the effect of allowing a non-industrial use throughout the entire zoning district regardless of where the district was located within the City. This precipitated zoning code research by both Meres. Jakubiak and Shaffer and it was concluded that Section 164-75, within the Planned Industrial District section, allows application to be made for a Planned Industrial zoning designation through the submittal of a development plan at which time certain retail uses can be approved under certain circumstances. The Planning Commission ultimately voted in a majority to approve a motion by Commissioner Albert, second by Commissioner Palmer, to transmit a favorable recommendation to the Mayor and Council on adoption of the text amendment with Commissioner Beaver voting against. The text amendment was approved as written. Following the vote, discussion continued led by Commissioner Welsh Graham. She introduced a motion to direct staff to begin an assessment of the industrial zoning in the City and by an informal unanimous voice vote the members agreed. Chairwoman Bair restated the action desired by the Planning Commission and Mr. Jakubiak in response said that he would have an initial assessment ready for the next meeting. 6. Discussion: Update of the floodplain management regulations, Chapter 83 of City Code. The Planning Commission discussed the need to update the City’s floodplain management ordinance. Mr. Jakubiak summarized how the ordinance generally works and indicated that City staff is evaluating whether to seek an update to the current ordinance in compliance with FEMA and the State of Maryland’s model ordinance or to request that Carroll County administer an ordinance for the City. Mr. Jakubiak indicated that he would report back to the Planning Commission at the next meeting with a recommendation and direction on next steps. V. Planning Commission Discussion 4  As there was no more business before the Commission and growing late in the evening, the Planning Commissioners winded down the meeting by reflecting on and evaluating positively the breadth and extent of the work they had accomplished. VI. Adjournment The meeting was adjourned at approximately 9:45 pm. 5