Dayhoff Soundtrack: Westminster officials adopt controversial zoning changes

Tuesday, November 23, 2010

Westminster officials adopt controversial zoning changes

By Kevin Dayhoff 12:00 noon, Tuesday, November 23, 2010

At the meeting of the Westminster Common Council Monday night, Westminster officials finalized the adoption of a controversial sectional map amendment zoning change for the Willis Street and Belle Grove Square neighborhoods.

By a three-to-zero vote, councilmembers approved provisions for a Neighborhood Preservation Overlay Zone for the R-7,500 and R-10,000 residential zones contained in the two older Westminster neighborhoods.

Councilmember Suzanne Albert, herself a Willis Street resident, abstained from voting noting that the initiative has polarized the otherwise close-knit neighborhood and cited a desire for the residents of the neighborhood to have more opportunity to become familiar with the proposed zoning changes

In a September 30 memo, city administrator Marge Wolf explained that the purpose of the zoning changes contained in Ordinance 818 was to “minimize the impact of commercial development on the adjacent properties and preserve the historic character of the exiting structures and lots in certain historic single-family neighborhoods…”

The two neighborhoods involved in the adopted zoning changes are steeped in history and tradition in Westminster.

The origins of Belle Grove Square date back to approximately June 1875 when George and Maria Matthews developed an annexed portion of farmland and woods known as “Matthews’ Addition.” The housing development contained “thirty lots bounded by West Green, Bond, Matthews (now Park Place) and Park Streets,” according to research for the Historical Society of Carroll County by Jay Graybeal.

The Matthews named the neighborhood and city park area “Belle Grove Square after their daughter Belle Matthews.

The Willis Street neighborhood was developed from the farm of Colonel John K. Longwell, who also built what is now known as Westminster City Hall, in 1842.

Longwell died in 1896 and the farm was left to his daughter, Sallie, who developed a portion of the farm into a housing development. “A plat of this area surveyed in 1907, referred to it as ‘Longwell's Addition to Westminster,’” according to a newspaper article by J. Leland Jordan on Friday, August 7th, 1942 entitled “Westminster’s City Hall,” and an article by Dorothy Elderdice a couple of years later, around 1945, entitled “History of Carroll. John Longwell: A Founding Father”.

It is not known if any commercial uses are currently being proposed for either neighborhood. Over the years both neighborhoods have remained relatively unchanged without specific zoning protections. Historically, some small shops and businesses have existed on Willis Street. However, they went away many years ago.

Although, before zoning law was placed in the Westminster City Code on November 5, 1979, a significant number of the homes in both neighborhoods have been adapted into multi-domicile dwellings as the larger homes were converted into apartments. Almost half of all the residences on Willis Street are multi-family units.

The Belle Grove Square community has worked with the city since at least 2008 to have zoning protections put in place to prevent further changes from taking place in the neighborhood.

However, the initiative to place zoning restrictions on the Willis Street area appears to have been spurred after Pat Martin - the owner of the Weller property at the corner of Willis and Center Streets, 170 Willis St. - had a neighborhood garden party on September 11.

It was at that time in which plans were unveiled to transform the large stately home into a multi-domicile assisted living residential facility by 2012.

On September 27 the Westminster mayor and common council met in “executive session” in a closed meeting after the regular council meeting. Days later, on September 30 the mayor and Common Council filed to amend Chapter 164 of the Westminster City Code and introduce the neighborhood historic preservation initiative.

The proposed Section 164-45.25 states, “The Neighborhood Preservation Overlay Zone (NP Zone) is intended to provide for the preservation of the historic character and physical setting of the city’s traditional neighborhoods by promoting residential uses and directing more intense uses to other suitable locations.”

Moreover, under the “Inclusion of Additional Neighborhoods” section, 164-45.32, of the proposed changes, “The city will partner with its Historic District Commission … to identify additional traditional residential neighborhoods for potential inclusion in the Neighborhood Preservation Zone as an integral component of an overall preservation plan for Westminster.

“This important work not only helps to implement the city’s comprehensive plan by focusing attention on the perseveration and improvement of the city’s traditional residential neighborhoods, but also by initiating a dialog among city government and its residents about the look, feel and character of Westminster.”

Meanwhile, under the zoning law for the Martin-Weller property at the time of the September 11 garden party, Martin would have had to present plans for the property to the Westminster Board of Zoning Appeals under Section 164-35 and 36 of the Westminster City Code.

The new zoning law removes Martin’s option to adaptively re-use the property for a multi-family residential assisted-living.

Martin had purchased the greatly deteriorated Weller property around 2000 and saved it from demolition. For the past decade he has historically restored the property to its former glory.

Although it would have been a lot cheaper, laughed Martin nervously - - demolishing the property and replacing it with a new structure not in keeping with the character of the neighborhood was never an option for him, said Martin in an earlier interview.

It was an oblique reference to a modern semi-detached multi-family structure built in recent memory down the street in among several longstanding apartment buildings that are not in keeping with the other stately large homes on the balance of the street – several of which have not changed on the outside but have been converted into apartments.

The proposed initiative caught many Willis Street residents by surprise in spite of the fact that three of the five members of the Common Council live in the affected neighborhood.

As many as 30 residents spoke at a November 8 public hearing held by the mayor and council. Many spoke in favor of the zoning protections and many expressed a desire to prevent the assisted-living project and offered anecdotal suggestions that lawyers and doctors have, in the past, wanted to purchase properties in the neighborhood for offices.

On November 8, other residents from Willis Street expressed concerns about the proposed zoning changes and most of the residents who spoke expressed dismay at how quickly city officials were moving forward with the initiative and wanted more time to acquaint themselves with the potential impact on their properties.

It was noted by many of the residents at the public hearing that they had received no notification of the impending changes and wanted more information before the city moved forward.

Requests to city officials for additional documents concerning the proposed zoning changes were unanswered by deadline on 12:00 noon on Tuesday when this was filed.

After the public hearing, Ordinance 818 sponsored by councilmembers Councilmember Dr. Robert Wack and Greg Pecoraro was introduced by the council members at the November 8 meeting and the council decided not to keep the public hearing record open for further public comment.

Some residents noted that they did not learn of the proposed changes until after the Westminster Planning and Zoning Commission held a public hearing on October 14 on the zoning legislation and a public notification that had been placed in the local newspaper of record was called to their attention.

Other residents remarked that they only became aware of the initiative until neighbors in the relatively close-knit area of town called it to their attention days before the November 8 public hearing.

As a result of the testimony at the public hearing, city officials called an information meeting the following Monday, on November 15, and furthermore actively discussed separating the Willis Street portion of the proposed zoning changes out of the legislation.

It was noted at last night’s meeting that “40 to 45 people attended the one-hour to one-and-a-half hour meeting” on November 15 and that it was a “healthy discussion… cordial … civil” and that the city got good feedback from the residents.

Last Monday night, Wack asked Beyard, “has anyone asked for more information” since the informational question and answer meeting.

Beyard responded that he has continued to get questions every day…

At the council meeting Monday night, Beyard reported that at the request of the mayor and council, four alternatives were being offered to the council for consideration.

Option 1 included both neighborhoods and expanded the area being proposed for the overlay zone. As discussed after the November 8 public hearing by councilmembers; option 2 of Ordinance 818 contained language that would allow Belle Grove Square to move forward with the heightened zoning protections but separated Willis Street from the initiative for further study.

Option 3 involved the introduction of Ordinance 823 for a do-over of the process that many residents had considered flawed by the lack of the city “initiating a dialog among city government and its residents about the look, feel and character of” the neighborhood as called for in the 2009 Comprehensive Plan.

And finally option 4 – do nothing.

Wack then noted that the proposed zoning changes for Willis Street had become a “divisive emotional issue” and that residents have continued to ask the council to wait.

The problem is, “at the end of the day, we need to make some sort of a decision,” said Wack, who further cited that the opinions of the neighborhood fell into several groups. There are those who oppose it, a small group in the middle, and a group in favor.

It was noted that at the public hearing, the neighborhood was somewhat evenly divided between folks against the proposed protections and those against it.

However, by last Monday night’s council meeting, most of the neighborhood was for the changes, according to Wack.

One group does not understand the proposed changes and wants the council to wait. Some are opposed to any restrictions on their property and some who feel that the existing procedures will protect the neighborhood, said Wack.

But “once the process of commercialization starts, it’s hard to stop,” said Wack, indicating the immediacy of the need for the council to act now and not wait.

It is not known if Martin was preparing to file an application for the assisted-living facility with the zoning appeals board in the near future – or not.

“I’m prepared to move forward… I think we have done a pretty good job of involving the community,” said Wack in response to residents who have complained that the city has left too many residents in the dark.

Wack said that he was not hearing of any additional movement on the part of the group that opposed or those who agreed at this point in the deliberations.

He observed that many of those who were initially opposed or in the middle, supported the zoning changes after they learned more about the additional protections.

Councilmembers Tony Chiavacci and Greg Pecoraro and council president, Damian Halstad agreed with Wack’s assessment.

Albert reiterated her concerns that the proposed legislation has had a “polarizing effect” on the Willis Street neighbors heretofore known for its cohesiveness.

Chiavacci joined Wack in noting that in all their conversations with Westminster residents outside of the Willis Street neighborhood, everyone wanted historic zoning protection for Willis Street.

He noted “the divisiveness that has been in Willis Street” since the proposed changes came to light. However, “I couldn’t find a single person that did not want to protect Willis Street,” Chiavacci said.

“I went into this thinking it was going to be an easy decision. That was not the case,” lamented Chiavacci.

“It wasn’t an easy decision.”

During the citizen comment portion of the council meeting, former councilmember Rebekah Orenstein, a longstanding advocate for historic preservation in Westminster praised the councilmembers for making the difficult decision to protect the two Westminster neighborhoods with the preservation overlay. “I know how difficult it is” to make such decisions.

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For more information, please see: Proposed Westminster Neighborhood Preservation Overlay Zone worksheet, November 8, 2010 by Kevin Dayhoff http://kevindayhoff.blogspot.com/2010/11/proposed-westminster-neighborhood.html

For additional background, click on: http://kevindayhoff.blogspot.com/search/label/Westminster%20PZ%20Planning%20Zoning

Labels: Westminster Council Mtgs, Westminster PZ 2009 Comp Plan, Westminster PZ Nborhood Pres Overlay Zone, Westminster PZ Planning Zoning

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