Westminster Planning & Zoning Commission

CITY OF WESTMINSTER PLANNING AND ZONING COMMISSION MEETING SUMMARY Thursday, October 12, 2017, at 7 PM City Hall, 1838 Emerald Hill Lane A meeting of the City of Westminster Planning and Zoning Commission was held at City Hall, located at 1838 Emerald Hill Lane in Westminster, Maryland 21157, on October 12, 2017, at 7 PM. Chair Peggy Bair, Vice Chair Kevin Beaver, Councilmember Benjamin Yingling, Commissioner Thomas J. Rio, and Commissioner Lori Welsh-Graham were present. City staff Bill Mackey, Andrew Gray, and Samantha Parthree were present. Also, City staff Barbara Sardi was present as a member of the public. The following were present and signed-in: Kiki Aldrich, 524 Willow Ave; Christine Crowl, 503 Willow Ave; Michelle Jefferson, 416 Sycamore Ave; Miriam Fourhman, 405 Maple Ave; Lucas Huber, 618 Old Baltimore Rd; Larry Huber on behalf of Lucas Huber; Richard Wilson, 534 Locust Ave; Terri Warehime, 417 Maple Ave; Gary Saylor, property owner of 545 and 547 Old Baltimore Rd; Dawn Geigan, 560 Old Westminster Pike; Greg Adinolfi, 409 Maple Ave; Dana Kibler, 538 Old Baltimore Rd; Wayne Kuhn, 443 Sycamore Ave; Matthew Gumenick, 401 Maple Ave; Brian Jung, 502 Spruce Ave; Norman Arbaugh, 404 Maple Ave; Mary Troxell, 516 Spruce Ave; Leslie Westervelt, 602 Old Westminster Pike; Jennifer Pratt, 543 Spruce Ave; Victoria Bromley, 544 Spruce Ave; and, Christine and Eugene Gumenick on behalf of Matthew Gumenick. Chair Peggy Bair opened the meeting at 7:00 PM. Chair Peggy Bair asked Mr. Mackey if the prior meeting minutes were available for approval. Mr. Mackey stated they were not at this time. Chair Peggy Bair moved approving the minutes to the next meeting. Chair Peggy Bair initiated the discussion of Item A, County Liaison Report, introducing Ms. Bobbi Moser, the new County Liaison to the Commission. Ms. Moser stated there was nothing to report at this time. Chair Peggy Bair opened the discussion of Item B regarding the proposed freestanding signage for Best Western at 451 WMC Drive. Mr. Gray presented the staff memo and staff recommendation that the sign not exceed the height of 633 inches or 52.75 feet, and be of a monument style. Ms. Cammy Hipp, General Manager of Best Western Westminster, stated the new sign would incorporate a new logo with only blue and white LED lights. Councilmember Yingling noted the staff’s recommendation including the monument style. Commissioner Welsh-Graham moved approval. Commissioner Rio seconded. The motion passed. Chair Peggy Bair opened agenda Item C regarding ZMA 17-01 for BERAL, LLP at 625 Baltimore Boulevard. Mr. Mackey withdrew the previously submitted staff memo and presented a revised memo. Mr. Mackey explained that for the type of application being made by the applicant, i.e., a change-or-mistake case, the presumption is that a jurisdiction acted correctly in its zoning action. The burden of proof is on the applicant to make a specific case, not on the jurisdiction to defend its zoning. Staff recommended denial of the applicant’s petition, based on the presumption that the City acted correctly in its zoning action. Chair Peggy Bair opened the public hearing for ZMA 17-01 at 7:12 PM. Mr. Isaac Menasche, attorney to the applicant, stated that having only just received the revised memo, would present arguments which address the recommendation of denial. Mr. Menasche reviewed his client’s case for a rezoning request on 2.6 acres of land to the rear of the Crossroads Shopping Center. He specifically requested the zoning be changed to implement the Land Use Plan. Mr. Philip Hager, Planning and Zoning Director for Anne Arundel County, spoke on behalf of BERAL, LLP on the subject of Master Plans and explained how land use differs from zoning designations. Mr. Hager stated his opinion that a mistake was made in the City’s comprehensive rezoning in not rezoning the subject parcel as commercial. He cited Maryland Annotated Code law requiring land use be implemented. Mr. Mike Albo, Vice President of MFI (Maryland Financial Investors), was present on behalf of the property management company for the shopping center. Mr. Albo spoke in favor of the zoning request as part of a redevelopment plan for the center. He stated that the property owner was open to discussion with the surrounding property owners to improve the area for everyone. PUBLIC COMMENT  Kiki Aldrich, 524 Willow Ave: real estate appraiser, home values will decrease, problems in neighborhood  Christine Crowl, 503 Willow Ave: already traffic issues from Rt 140 using Old Baltimore Rd, field area is only buffer between residents and shopping center, no guarantee of not putting in ingress/egress  Michelle Jefferson, 416 Sycamore Ave: concerns about new development and changes to shopping center for updates, residents will help if developer stays within existing footprint, residents will not annex into the City, cited previous denial of application  Miriam Fourhman, 405 Maple Ave: concerned with widening of Old Baltimore Rd, current amount of traffic at all times of night and day  Lucas Huber, 618 Old Baltimore Rd: encroachment due to construction to make changes to center, concerns about current conditions of deterioration and lack of trash clean up  Larry Huber on behalf of Lucas Huber: law enforcement officer noted rise in crime and traffic that will add to already existing problems  Richard Wilson, 534 Locust Ave: noted 24 residential structures on Old Baltimore Rd so there is no mistake in the R10,000 zoning due to the interior of the road being residential, the zoning is right but the Plan is not as zoning is presumed to be correct over anything else  Terri Warehime, 417 Maple Ave: concerns about noise levels rising  Gary Saylor, property owner of 545 and 547 Old Baltimore Rd: concerns about homelessness and trash on property now  Dawn Geigan, 560 Old Westminster Pike: cited map where piece in question is not marked commercial on purpose, not a mistake  Greg Adinolfi, 409 Maple Ave: keep neighborhood as is without commercial influence  Dana Kibler, 530 Old Baltimore Rd: her property is currently the pedestrian access to the rear of the shopping center, concerns about recent break-ins to vehicles and properties in the area  Wayne Kuhn, 443 Sycamore Ave: questioned why the shopping center did not request zoning changes when it was originally bought in 1984, asked about the proposed changes and how the area will improve as a result Page 2 of 3  Matthew Gumenick, 401 Maple Ave: wants tree buffer to remain between his home and the shopping center, losing it will impede on his privacy  Brian Jung, 502 Spruce Ave: cited existing traffic issues on Old Baltimore Rd, rezoning will decrease property values, wants to retain the isolation of the neighborhood  Norman Arbaugh, 404 Maple Ave: concerns about existing trash issues and lack of mowing the grass, recommended a park in the field instead  Mary Troxell, 516 Spruce Ave: questioned the plan for redesign, concerns about additional traffic on Old Westminster Pike due to new home development already planned  Leslie Westervelt, 602 Old Westminster Pike: concerns about speeding on Old Baltimore Rd and traffic accidents  Jennifer Pratt, 543 Spruce Ave: spoke against  Victoria Bromley, 544 Spruce Ave: spoke against  Christine and Eugene Gumenick on behalf of Matthew Gumenick: no previous knowledge of zoning change until after property was bought Mr. Menasche presented a concept sketch of a proposed shopping center and closed by stating that there would be no additional entrances or exits connecting the proposal to Old Baltimore Road. Chair Peggy Bair requested a motion to extend public comment until October 20. Commissioner Welsh- Graham moved. Councilmember Yingling seconded. The motion passed. Councilmember Yingling requested the City Attorney review the zoning for legal requirements. Chair Peggy Bair stated that the Commission would conclude its deliberations on this petition for rezoning at its next, regularly scheduled meeting on Thursday, November 9, in order for City staff to receive legal counsel from the City attorney. Chair Peggy Bair initiated discussion of Item D regarding Mid-Cycle Review of the 2009 Comprehensive Plan. Mr. Gray reviewed the third and final presentation of the plan, which focused on where the City stands on implementing the objectives and programs listed in the Plan. Mr. Gray had recently scheduled interviews with City Department Directors and Supervisors who were identified as being responsible for programs listed in the Plan. The main implementation ideas from each interview were summarized. The final review and presented to the Commission will include a request for prioritization by the Commission. Chair Peggy Bair requested additional meetings to receive input from citizens on what the community would like to see from the Plan. Mr. Mackey stated the goal of the review is to recommend amendments for next year. If amendments were proposed, then the public would be invited to comment at public hearings. Recommendations would be forwarded to Mayor and Common Council for their information. Chair Peggy Bair opened Planning Commission and Public Comments. Chair recognized former member Suzanne Albert in attendance at the meeting and thanked her for attending. Chair noted improvements on the site at 132 W Main Street. Councilmember Yingling stated that the City worked with the property owner to help the property owner achieve compliance with the requirements of the Commission. Commissioner Welsh-Graham noted the Philanthropist of the Year award was going to Tom Beyard, retired City employee. Commissioner Welsh-Graham moved to adjourn the meeting. Commissioner Rio seconded. The Commission adjourned at 9:26 PM. Adopted November 9, 2017 Page 3 of 3