20000925 Ord 638 Neighborhood Commercial Zone My Thoughts

Ord 638 Neighborhood Commercial Zone My Thoughts

Internal Memo to file - I don't think that I ever mailed it out to anyone….

Ord 638 Neighborhood Commercial Zone My Thoughts

September 25, 2000

Re: Ordinance #638 Adopted by the Westminster City Council on September 25, 2000 which established a Neighborhood Commercial Zone by enacting Text Amendment TA99-1 (Section 164-8 of Chapter 164 of the Westminster City Code).

My Thoughts on the Neighborhood Commercial Zone (Ordinance #638) adopted by the Westminster City Council on September 25th, 2000

I grew up in Westminster (and just outside of Westminster) within walking distance of commercial and industrial employment. Many of my neighbors in my old neighborhood walked to work.

I believe that now more than ever is the appropriate time for the City of Westminster to get away from Euclidean zoning. Born in 1927/1928, Euclidean zoning is 70 years old and really showing its age. This old tired cookie-cutter compartmentalization approach to zoning is causing communities such a Westminster environmental problems, revenue stream problems, quality of life problems and progressive congestive heart disease.

I am a strong proponent of floating zones. Whereas a property can only be re-zoned in the Euclidean zoning approach upon a finding of change or mistake, floating zones can be implemented by elected officials upon a finding of compatibility with a purpose clause accompanied by a development plan.

It is possible to develop commercial and industrial tax base next to existing residential development with very high design and architectural standards that I suggest to you will raise the value of the adjoining residential development. I have toured many such developments in Baltimore, Montgomery and Calvert Counties.

The solution to pollution is dilution. I think it is absolutely absurd to have to drive all the way out to Route 140 to get a loaf of bread or a gallon of milk or pick up a pizza. This is the result of 33 years of Euclidean zoning in the City of Westminster (as zoning was only adopted as a management tool in 1967 for the City of Westminster).

I think that it is extremely important to thank everyone so much for their meaningful participation in the debate about the Neighborhood Commercial Zone.

I think the mark of a successful person is the ability to make the difficult decision. I also believe that it is necessary to collaborate with other meaningful players in an attempt to arrive at conclusions that have the best of the greater common good of the community in mind.

This legislation is a result of a collaborative effort with Damian and Greg, Ed and Suzanne, Ken, the GWDC, the P&Z Commission, many citizens who took the time to give me feedback – pro and con, in a pleasant and rewarding manner - and the Citizens Advisory Group.

I cannot say publicly how uncomfortable I am with the 55,000 square foot component to this legislation. My reconciliation is that anything over 5 acres is really a commercial development anyway and I want to have the opportunity to perpetuate the highest in architectural and design standards to such commercial developments. It is important to me that the text be changed so that it be a floating zone and not tied to the Comprehensive plan but could be applied to a property based upon merit, not change or mistake.

I have labored and labored, and studied and studied, and argued and argued for this Neighborhood Convenience approach for 15 years. It is time to give it a chance to succeed or fail in the real world rather than the intellectual or conceptual world.

Along that line of thought - I'm never reticent to make a mistake – admit it and address the mistake later. Often we can learn more from failure than we can by success. Abraham Lincoln lost 7 elections before he was elected President in 1860. Failure is not fatal…should be part of the education process. Babe Ruth struck out 1330 times. “Democracy means government by discussion but it is only effective if you can stop people talking.” CLEMENT ATTLEE, Anatomy of Britain (1962).

After 15 years of debate, study and analysis, I felt it was critical that we make a decision and move forward. We are on the cutting edge of re-defining the future of zoning – and our community. A future of non-Euclidean zoning that will hopefully bring back grocers and shops into our neighborhoods as it was in the Westminster where I grew up.

Interestingly, contemporary zoning and planning will not allow us to re-create the very communities that gave us our current success and high quality of life. There are going to be some bumps along the road, some disputes and a lot of dialogue. What is important is that we keep talking in a friendly, constructive and productive manner and move forward.

If I had voted against this, it would have killed this issue and this opportunity. It would have died of exhaustion. I would have lost my opportunity to see to fruition a zoning approach other than Euclidean and I would have lost my attempt at changing the municipal cityscape to a more family oriented, family friendly, Neighborhood Convenience approach. An approach that made this community what it is today.

Why people believe that they can promote their agenda or further their cause by being as excruciatingly unpleasant is beyond me! If someone really cares about a particular issue and is polite and pleasant in their discussion - I will listen! - and hopefully learn. I'm always willing to go in what ever the direction that is required, that is in the greater best interest of the greatest number of people in my community.

As always, your thoughtful consideration is appreciated regardless of the outcome on any particular issue. As usual, whether you agree or disagree with me, always find my door open for constructive dialogue.

Best regards


Kevin E. Dayhoff
Westminster City Councilman