Westminster Planning & Zoning Commission

CITY OF WESTMINSTER PLANNING AND ZONING COMMISSION MEETING SUMMARY Thursday, October 13, 2016, at 7 PM John Street Quarters, 28 John Street A meeting of the City of Westminster Planning and Zoning Commission was held at the John Street Quarters, 28 John Street in Westminster, Maryland 21157, on October 13, 2016, at 7 PM. Chair Peggy Bair, Council Member Suzanne Albert, Commissioner Kevin Beaver, Commissioner Lori Welsh-Graham and Commissioner Thomas J. Rio were present. City staff Bill Mackey and Andrew Gray were present. City Attorney representative Patrick Thomas was present. Carroll County Planning Liaison and Comprehensive Planner Scott Graf was present. The following were present and signed-in to speak: Ms. Jan Ober, Mr. Alan Stottlemyer, Mr. Gary Wagner, Mr. Richard Huss, Ms. Gabrielle Bongers, Mr. Chuck Brown, Ms. Barbara Shirh, Mr. David Berry, Mr. Sam Johnson, Mr. Michael Oakes, Mr. Jack Curran, Mr. Joe DaVia, Ms. Kristen Coker, Mr. Michael Marquess, Ms. Cindy Lockard, Ms. Shari Saslaw, Mr. Chris Mudd, Mr. Richard Kress, Ms. Cheryl Kress, Mr. Brian Augustine and Mr. John Maguire. A sign-up sheet for email updates was separately provided. Names and email addresses are on file in the Commission's records. Chair Peggy Bair opened the meeting at 7 PM. Council Member Albert moved approval of the minutes of the September 8, 2016 meeting. Commissioner Rio seconded. The motion passed. Chair Peggy Bair opened Old Business. There were no items scheduled under Old Business. Chair Peggy Bair opened New Business. Mr. Graf informed the Commission that the County is reviewing commercial and industrial zoning for the County Master Plan. Mr. Graf also briefed the Commission on the status of bicycle and pedestrian maps and the Energy Saver Loan Program. Chair Peggy Bair opened the public hearing on a proposed amendment to Wakefield Valley to allow 53 new houses on private property identified as Parcel W. Mr. Mackey reviewed the staff memo including notice, the proposal, staff review and a recommendation. Staff recommended that the Commission consider "approval with recommended modifications," pursuant to § 164- 188 H. (1), in order to allow nine new density units and transfer the existing three units for a total of 12 density units with the condition that a cluster design be undertaken to maintain a minimum of 24 acres in open space land to preserve th_~ required 31% open space. Adopted November 17, 2016 Chair Peggy Bair recognized Mr. Clark Shaffer, representative for applicant, Mr. Richard Kress. Mr. Shaffer provided background on the project including water rights, density units and the process for obtaining the former golf course property. Mr. Shaffer also offered a critique of the staff report, stating it should have included that Mr. Kress donated 187 acres of land to the City. Mr. Marty Hackett presented information describing the layout, density and desired price point ofthe proposed 53 new houses on Parcel W. Mr. Hackett described topography, land use and sewer connections for the proposal. Mr. Hackett noted that there could be the potential for other existing homes to connect, if there were problems with the existing well and septic for homes in the area. Mr. Hackett discussed his calculations related to density and open space. Mr. Shaffer introduced Ms. Melanie Moser as a landscape architect. Ms. Moser, responding to questions by Mr. Shaffer and Mr. Hackett, offered examples of how goals from the Westminster 2009 Comprehensive Plan support the proposal. Mr. Shaffer opined that the proposal complied with the 1970 Development Plan for Wakefield Valley. Commissioner Beaver raised a question on the denominator for the calculation of open space. The Chair opened the hearing up to public comment. The Chair explained the comment time period for individuals and groups. Ms. Jan Ober raised concerns over potential changes in traffic on Bell Road, the ongoing issue of water availability, effects on the floodplain in the area and resulting environmental changes. Mr. Alan Stottlemyer raised concerns with negative effect on land value, cumulative effects of traffic from this proposal and the proposal located on City-owned land as well as overall effects on the open space. Mr. Richard Huss introduced himself as president of Fen by Farm Homeowners Association and requested that the Commission review the additional parking and traffic for this proposal along with the proposal for the City-owned property, stating that impacts to his community would be massive. Mr. Huss raised concerns over the credibility of the prices cited by the applicant, since prices in the Fenby Farms neighborhood have fallen dramatically. Mr. Huss stated that he is strongly opposed to both this proposal and the proposal for the City-owned property, stating that the recommendation for only 12 new houses, per the staff report, might be acceptable. Ms. Gabrielle Bongers thanked Mr. Kress for the donation of Wakefield Valley to the City. Ms. Bongers raised concerns about flooding and how unchecked development may cause problems. Mr. Chuck Brown raised concerns about the proposal for the City-owned property becoming a Merriweather Post Pavilion. Mr. Brown state that the City owes the developer nothing for the donation of land, citing the water the developer is able to utilize for Stonegate is valuable. Mr. Brown stated granting 53 houses would more than reimburse the gift of land to the City. Adopted November 17, 2016 2 of4 Mr. David Berry inquired about ownership of the public rights-of-way and a utility line running into the subject property. Mr. Berry inquired about the acreage and the potential to connect to water and sewer. Mr. Berry inquired about house and lot size. Mr. Berry prefers a golf course to new housing, also stating that 12 houses is better than 53 which is better than 70. Mr. Sam Johnson noted some speakers, referring to the applicants and their representatives, do not live in the neighborhood. Mr. Johnson raised concerns over effects on home values, effects on traffic and children waiting for school busses on Bell Road, and citing the houses at the top of the hill. Mr. Johnson supported the new houses not being located on Belle Road. He would prefer fewer houses, citing something in between the 53 proposed and the 3 allowed. Mr. Michael Oakes introduced himself as the father of the forest conservation law in Maryland. Mr. Oakes raised concerns over the previous process related to Mr. Kress and the City-owned property. Mr. Oakes requested that the Commission hold the record open for 30 more days. Mr. Jack Curran informed the Commission that he was told there were no more development rights on Wakefield. Mr. Curran expressed that the Commission should take into consideration that the Wakefield Aquifer is the largest and most valuable in the County and there should be no development on the aquifer. Mr. Joe DaVia raised concerns with traffic and requested a copy ofthe traffic study from staff. Ms. Kristen Coker raised concerns that adding 53 new houses on a scenic vista is detrimental to the enjoyment of the natural landscape. Ms. Coker also questioned the prices of the proposed houses requesting comparables. Ms. Coker expressed that 12 houses would be acceptable. Mr. Michael Marquess raised concerns with additional traffic on Bell Road being added to the traffic from Carroll Lutheran Village. Mr. Marquess also raised concerns over ruining the natural view and destroying animal habitat, requesting consideration of his viewpoint. The Chair invited anyone who had not signed up to speak an opportunity to do so. An audience member inquired about and offered support for the City staff recommendation for 12 houses. Council Member Albert made a motion to extend the public comment period until Tuesday. Commissioner Welsh-Graham proposed an amendment to leave the record open for 30 days. The amendment was accepted. Commissioner Beaver seconded. The motion passed. The Chair referred citizens to make comments to the Planning Director at plann ing@westgov.com . Chair Peggy Bair opened the public hearing on Annexation No. 62 Barron for property near College View Drive. Mr. Mackey reviewed the staff memo and annexation process. Staff recommended that the Planning and Zoning Commission recommend approval with the condition that the property be limited to two, single-family residences in keeping with the surrounding context. Adopted November 17, 2016 3 of4 John McGuire, representing the petitioner, raised concerns with the staff recommendation that the property be limited to two single-family residences, requesting no more restrictions on the property other than R-10,000 zoning. The petitioners asked the Commission to support this. Commissioner Beaver asked how many units could be placed on the property. Chair Peggy Bair requested that a site plan for the property be submitted at a later time. Commissioner Welsh- Graham asked about historical zoning for annexations in the area. Mr. Mackey noted that the City is able to place restrictions on properties as part of annexation under Maryland State law. Commissioner Welsh-Graham made a motion to recommend approval of the petition, as presented, including the potential for five, new residential dwelling units per the standards in the R-10,000 Residential Zone. Council Member Albert seconded. The motion passed. The Chair opened the public hearing on Annexation No. 63 Bollinger for property located at 528 Ann Drive. Mr. Mackey reviewed the staff memo and annexation process. Staff recommended approval with the conditions that (1) the property be limited to five, single-family residences in keeping with the surrounding context on either side of the subject property and {2) the currently licensed nursing home use not be expanded. Mr. Maguire reported that there are currently five beds at the existing assisted-living facility, and that the property owner wants to preserve their rights under the annexation. Vicky Ryan, property owner and operator, confirmed the facility is currently operating with five beds. Council Member Albert made a motion to recommended approval of the petition, as presented, including the potential for ten, new residential dwelling units per the standards in the R-10,000 Residential Zone. Commissioner Rio seconded. The motion passed. The Chair requested a motion for continuance of the Public Hearings to Thursday, October 20, 2016, at 7 PM in City Hall for Proposed Annexation No. 67 Schulte for two parcels at MD 140 and Market Street, Proposed Rezoning and Site Plan for Medical Cannabis uses at 1234 Tech Court, Proposed Ordinance for wireless technology on certain commercial properties, and Proposed Ordinance to allow for larger building signs in certain circumstances. Commissioner Welsh-Graham made the motion to continue. Commissioner Rio seconded. The motion passed. Chair Peggy Bair opened the comments section of the agenda. Commissioner Welsh-Graham offered kudos for Fall Fest. Chair Peggy Bair recognized Mr. Chris Mudd of Venable. Mr. Mudd asked to re-open discussion on the proposed ordinance for wireless technology on certain commercial properties. Brian Augustine provided materials for the Commissioners' review. Council Member Albert made a motion to adjourn. Commissioner Beaver seconded . . The Commission adjourned at 9:57 p.m. Adopted November 17, 2016 4of4