Carroll County, MD Carroll County Planning and Zoning Commission, 18 May 2021

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From YouTube: Planning and Zoning Commission May 18, 2021

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https://www.carrollcountymd.gov/government/boards-commissions/planning-zoning-commission/

A

Hey everybody, I'm going to call to order the may 18th meeting of the carroll county.

A

Planning and zoning commission can we please establish a quorum.

B

I can't hear you laura.

B

C

C

Sorry miss cheatwood here mr canale.

C

Mr wallers, here ms kirkner here, mr lester here, mr gosnell here, commissioner, wants.

C

Secretary eisenberg here, mr chair, please let the record reflect that five members are present.

C

And we do have a quorum. Thank you. Thank you now, let's, please stand for the pledge of allegiance.

A

I pledge allegiance to the flag of the united states of america and to.

A

The republic for which it stands, one nation, under god, indivisible with liberty and justice for all.

A

Move on to the agenda, uh we had a revised agenda. Any changes since the revision.

B

No no changes since the revision that was for the edition of the final safe plan of union bridge solar.

D

I'm moving through this is jeff. I move approval of the revised agenda.

D

Sometimes it's hard to get a second on controversial issues, so.

E

I second all in favor, hi hi, we'll move on to the review and approval.

A

Of our meeting minutes from april 20th and may 5th any edits to those meetings.

D

April 20th and may 5th minutes a second all in favor, aye aye.

A

Moving on to our commission member reports, since our last meeting I approved m20075 molina meadows.

A

Section two: if it was a one lot subdivision in the southern area of the county,.

A

And that's all at this time, um I'll take. It, commissioner, wants if you're on.

A

It doesn't appear so cynthia. Can you send her first? Second,.

B

Control room: can you please let mr canale and he's waiting be let in thank you.

B

I don't know he just sent an email saying the screen says waiting for chris swam.

F

Maybe he's hitting an old link window or something.

B

No, the same thing you all have, but we'll we'll resign. It again all right. Thank.

B

You we'll do.

A

Okay, well, I'm gonna move on, um since it appears commissioner stepped away for a minute to other commission members.

F

Well, other former commission members, I will uh to say a few words really quickly.

F

um As you all know, I was running for westminster city council, these past six weeks.

F

And the campaign became a very time consuming if any of you were paying attention in the paper.

F

uh It was not your typical nonpartisan election, uh so I was more than a little overwhelmed.

F

You know, with campaigning and kind of keeping our side positively focused and all message.

F

These past six weeks and that's why I was not able to make our last two meetings.

F

Which I greatly apologize for, but everything ended up going even better than I could have.

F

Imagined, under the circumstances, we had over a 60 percent jump and voter turnout in westminster.

F

Last tuesday and uh the people I was running with, including myself won uh in very resounding fashion,.

F

um So, anyway, with that election vic victory, I was sworn actually sworn in last night,.

F

As westminster's newest councilman, which means effective immediately, I can no longer.

F

Serve on this county's planning and zoning commission as such dual service would be.

F

Theoretically, impossible according to our county attorney, uh but also, frankly, uh even if it were.

F

Possible it just would not be realistic because of time constraints, um but I did want to take.

F

This opportunity to officially say goodbye to all of you. I have been on this commission since 2013.

F

And I've learned so much from serving the community in this way, and I have to especially.

F

Acknowledge cynthia jeff and jean who have been on this commission since even before I was.

F

And I've learned so much from each one of you as well as some of our past long-serving members like.

F

Alec yo and richard seusson and the staff has always been so great to work with as well.

F

And at this point I consider many of you, not just colleagues but personal friends, um and I do want.

F

To just just say this as well, what I've always loved about this group and hope will continue well.

F

Past my service on this group is the fact that we could always disagree with one another have really.

F

Good debates about the issues or policies that we were considering, but we always did so with a lot.

F

Of mutual respect and affection for one another, um and luckily it seems it seems that I'm headed to a.

F

City council, in westminster, with a very similar disposition and, as commissioner wants to attest.

F

Assuming he's still there, there is, that is not always the case when you're serving in.

F

These kind of groups, whether it's the county commissioner level or the city council level,.

F

Or planning and zoning level, when you find yourself serving with a great collection of people,.

F

Who really work well together, but can still really debate the issues in a respectful and kind way? You.

F

Consider yourself incredibly lucky, uh so I just want to personally thank each one of you. I will.

F

Greatly miss serving with you guys, um so that's all I wanted to say so. Thank you very, very much.

F

uh For allowing me the opportunity to at least say goodbye to all of you and I will greatly miss you.

A

Thank you. Dan yeah, like I said, it'll, be um weird without so.

A

Yeah, okay, thank you and congratulations again. Thank you. Cynthia.

G

Matt, madam chair, madam chair, can you hear me now I can. I can hear you, but barely commissioner.

G

Okay, uh I just want to take a brief second here to personally thank uh dan as well on behalf of.

G

All of the county commissioners uh and all the electeds in the county, as you all well know,.

G

It's not easy finding folks that want to serve on boards and commissions and when you find.

G

Someone that really puts their heart and soul into it. That's that's extremely knowledgeable.

G

uh We truly do appreciate it and that's been dan huff. So dan uh god speak to you and.

G

On behalf of all of us, uh I wish you the best in your new role and thank you so much.

G

For all that, you've done for carroll county. Thank you very much. I really appreciate that.

D

Yeah we're going to miss you dan this I wanted to seem like a eulogy, but we are going to miss you.

D

And I'm glad you're going to be nearby taking good care of everybody and.

D

In westminster- and you know the the um climate- the conditions that you talked about that make this.

D

Commission special are uh in no small part due to you and we the way you conduct yourself and the.

D

Way you look hard at issues but but treat your colleagues with respect and affection and we.

D

Very much appreciate that so you've been very, very important part of this commission.

D

So well done and it's been a pleasure. Thank you, john. Yes,.

A

Janice you muted yourself again, I got it. um Dan you've been exceptional, a great mentor so.

E

um Well, I'm still going to get to see you plenty, I'm sure I'm going to miss you in this scenario.

E

So best of luck, thanks janice dan gene canelli here: uh do you want to do everything that.

H

Everybody said and add one little thing from my perspective: no matter how busy or.

H

Drawn away in other directions, when I try to reach out to you for advice or.

H

Just to have a friendly discussion, the thing that amazed me is, you were always available.

H

Maybe not that many, but you always go back to me very quickly, and that was a trait that I think.

H

Should be mentioned and you'll do well by you good luck in the city council. Thank you. Gene.

C

Thank you before you spin off congratulations. Westminster is getting an amazing asset in you.

B

And you're going to be greatly greatly missed on this planning. Commission.

B

And I look forward to all the wonderful things you're going to do for the city of westminster.

B

With the new team there so best of luck. Thank you linda I'm gonna. Let you all go now. uh Good luck.

F

And I'm gonna miss you all greatly and I'm sure we'll see each other around though okay take care.

A

Okay, so we'll uh move on here to uh administrative report, secretary eisenberg.

B

All right well good morning, everyone and I'm glad that you're here today miss cheekwood. So that way.

B

We did not have to do an election for a chair, um but we will discuss at our next meeting electing a.

B

Vice chair to serve out the rest of dan's term um or the rest of the term through november.

B

um That's when we typically hold our elections for chair and vice chair, so we'll take care of.

B

That at our next meeting um we do have a june 2nd meeting um scheduled and we have several agenda.

B

Items for that, as well as a june 30th, which will be dedicated to public outreach for the.

B

um Residential text that is being prepared to be put on our website, so people can enter comment and.

B

Submit to be a speaker at that meeting um and then we will have a follow-up meeting on july.

B

7Th to wrap up, hopefully the residential text and board to the board of county commissioners.

B

I just wanted to go over those with you today. um My understanding is, there are no extensions from.

B

Development review, and so with that I'm going to have hannah weber I'll just update you on a.

B

Bza case that she just recently reviewed hannah good morning, everybody, there is one bza case for.

I

The may 26th hearing this is case 6322, regina robert nip. This is located at 7578 john pickett.

I

Road in the woodbine rural village, the request is for a conditional use for a commercial kennel.

I

As well as distance and lot size variances, this is a 1.4 acre property. This is in commissioner.

I

District 4 zoned agriculture and we found this to be inconsistent with the master plan.

I

Due to the mixed lane, use designation with the request the possibility of adverse effects.

I

Due to the large variances being requested, as well as the proximity to neighboring residents and then.

I

Inconsistency with the vision and goals with the village residential future land use, designation.

I

Is there any questions.

I

Okay sounds good thanks, guys.

B

Hey thank you hannah and that's all I have for my administrative report for today. Thank you.

A

Thank you. We'll move on to item number eight on our.

A

Agenda, which is the board of education facilities, master plan, oh bill.

J

Good kane everyone- I'm uh I'm here today to just to introduce the um the 10-year.

J

Educational facility master plan, uh as some of you know, I'm not sure if there are new members.

J

But for new members um every year the the school system has to do a 10-year facility master plan.

J

It gets brought to the county planning a zoning commission, the planning and zoning commission.

J

Has to certify that it is consistent with the county's master plan and then ultimately it.

J

Will go to the maryland department of planning for their review and then any capital projects.

J

That we request requests from the state they check to make sure those capital projects are in.

J

The educational facility master plan, this document was presented to the board of ed last week.

J

It will go back to the board of education for their approval in at the june meeting and then.

J

It's due to maryland department planning july 1 of every year. I think this year is july, 2nd.

J

But the plan is updated annually. This year's plan really is basically the same as last year's plan.

J

There's not really any major changes as far as projects identified.

J

Just to give you a little bit of what's in it, there's there's three major renovation.

J

Modernization projects, the career and tech center, east middle replacement, school and then.

J

In the future of a feasibility study, looking at modernizing william winchester elementary.

J

The career and tech center, as you've probably seen if you've driven by the school, is actually.

J

Under construction east middle we're hopeful that we can start construction this summer.

J

We're waiting to hear from the state whether the state's going to provide.

J

Funding uh through the bill to learn act that was that was passed this year.

J

And then the the feasibility study for william winchester's, pretty far in the.

J

You know it's four years, four or five years in the future, so that's just kind of on the radar.

J

The other projects in the plan we have some roof replacement projects, some some heating.

J

Air conditioning projects, those are just kind of system replacements. We we the only change.

J

From last year, really is the ones that didn't get funded got pushed back a year, so we'll keep.

J

Asking for those um as far as capacity projects there's not any capacity projects identified.

J

But one thing that I would share with you all is that typically, the capacity projects.

J

uh Whether we need to do anything capacity related, we, we obviously use the enrollment projections.

J

This past year was um kind of once. You know a totally unforeseen circumstance with the pandemic.

J

Just so, you know carroll county public schools from march of last year, through.

J

September 30th we lost, or we didn't lose, but about 800 students withdrew from public school.

J

System about half went to homeschooling and about half went to private schools.

J

So when I was developing the projections for this year, obviously that's an unusual circumstance to.

J

Use as a basis to project going forward so through discussions with the board of ed uh in in february.

J

I believe the the board meeting we talked about it. There were really a few choices that we had.

J

To develop the projections, one was assume that none of those students are coming back and that.

J

Here, going forward, we're going to be 800 students down and then projecting forward.

J

Those 800 students will not return to the public school system. On the other end, we could assume.

J

That they're all going to come back. The only reason they left was the pandemic. I think.

J

That's still possible, but I'm not sure that that's likely where we landed and and the projections I.

J

Guess the assumption that the projections were based on was about half of them will come back.

J

Obviously, it could be anywhere in that range, but the projections that are included in the.

J

Document were developed based on the assumption that about half of the students that withdrew.

J

Will return this fall to public schools, with the assumption that this fall public schools will be.

J

Returning to normal, which I think you know based on the state board and and the.

J

Governor governor's announcement, I think that's a pretty safe assumption at this point is that.

J

In the fall we'll be back to five days a week and students will be in person, but.

J

That that that uniqueness to these projections presented a problem as far as as as you know,.

J

Last year we had well prior to the pandemic. We had a freedom area, redistricting committee.

J

That committee was was put kind of frozen uh when the pandemic hit. We.

J

We have been kind of on hold and where uh the board of ed and where the superintendent.

J

Is right now is we want to wait until the september 30th, actual enrollments, actually.

J

Are are on the books to see how many uh students returned and what that means for the projections.

J

Going forward because it's very hard to make recommendations and develop options.

J

Right now, the most accurate set of projections- I would say we have at least based on.

J

Historical enrollments was are the projections from from two years ago, uh so you know this.

J

Current set of projections, while it's our best guess and and what we you know our bet, our best.

J

Hope at nailing down what the influence of this pandemic will be. I don't know that anyone's really.

J

Comfortable making major long-term decisions with with this set of projections, just because of the.

J

Once in a lifetime kind of impact to it, so at this point the recommendation is to wait until we see.

J

How many students return in the fall and then we can develop a set of projections based on on that.

J

Data so from a capacity standpoint that the recommendation at this point is to wait until.

J

We see what the actual enrollments are and then the border bed will will re-evaluate.

J

And uh if the decision is to reconvene at that point they would reconvene the committee.

J

So that's kind of the overview of what's in the plan um as far as projects and and what the.

J

School capacity recommendations would be I'd, be happy to answer any questions that you have.

D

Bill this is jeff waters. I have a quick question. Part of I haven't read the whole.

D

Report um yet, but in skimming through it, I know part of what you all look at.

D

Has to do with demographics and people moving in people moving out age. You know that sort.

D

Of thing have have you all captured any of the information related to people, perhaps moving in or.

D

The demand for housing moving in as a result of covet, because certainly anecdotally, we're seeing.

D

Folks moving around and that might seem to have an impact on that. But I don't know if you can capture.

D

That data that quickly so yeah the the data that I collect and use in the plan as far as migration.

J

Trends comes from the maryland department of planning, and it it's not. It's not real time.

J

I would say that the trend and the the information in there is actually from through.

J

uh Through july one of last summer, so it's really almost a year old data, but the trend had been.

J

You know we were seeing more folks moving into the county over the last few years and.

J

And our enrollment actually the last prior to the pandemic, the the previous three years we had seen.

J

Growing enrollments, because of that the housing market and the immigration.

J

I I really can't say, because I don't have the information yet from department planning what.

J

This past year, with the pandemic, has been. I did. I do also look at real estate um information.

J

And uh the information that information I looked through december of of last year, so you know the.

J

The pandemic influences in there and I will say that the.

J

The housing market in carroll county was, very, um uh you, know very hot it it. The the.

J

The days on the market was much was smaller than in previous years. The number of housing units sold.

J

So I would say that, based on the information I saw, I think I think the housing market in.

J

Carroll county is still very strong. There's still a lot of folks that want to move to the county.

J

For for many different reasons- and I I think the assumption that's part of the reason we.

J

You know built these projections, based on the assumption that you know half half of those.

J

Students that went through are going to come back as opposed to none of the students and then the.

J

Other assumption, you know didn't talk about the other assumption is these projections are based.

J

On a four-year history of cohort secession ratios or survival ratios, we kind of threw the last years.

J

Out because if we had incorporated those, obviously we had less students show up in the fall than the.

J

Previous fall, so it would have lowered those that history, it would have dampened the projections.

J

But because we we still believe that the housing market is pretty strong, we can't we threw last.

J

Year's out- and we used those secession ratios of the previous four years, which.

J

Had seen some growth, so these projections are are based on an assumption that that growth.

J

That we had been seeing will continue and pick back up once uh once this pandemic's over. So.

J

So yeah I mean that I use the the most available information I have, but I wouldn't say it's like I.

J

Don't we don't have anything locally that can give me that real-time snapshot, you know monthly, so.

K

Bill this is I'm curious. um How does the the drop of in enrollment this year impact funding from.

K

The state going going forward next year does have do you have a sense of where the state is on that.

J

So the the state funds, the school system based on enrollment, it's a per pupil number, the op.

J

I'm talking operating budget capital budgets, a different story, but the operating budget.

J

Obviously is funded per pupil and it was um obviously you know we dropped.

J

About three percent- and I would say you know statewide, you know it was about three percent.

J

For most folks, the general assembly actually this year because of that um held held folks.

J

Harmless so the the drop in enrollment they kind of are going to say well that that's a one-time.

J

Blip we're not going to count that against you, so this the general assembly did build in something.

J

Into the legislation this year that they're going to hold folks, harmless and and fund.

J

I'd have to talk to our chief financial officer about specifically how.

J

The formula is very complicated, but basically they're going to hold everyone harmless for this.

J

Pandemic when it picks back up next year, uh I you know that the kerwin legislation that was passed.

J

Obviously is going to rewrite the formula, so I think that will be built in they're still working.

J

On the formula, as far as I know, but but that going forward, I think they're going to build that in but.

J

The intention of the general assembly is not to just because of this. If you lost 400 students.

J

They're not going to penalize you so that's kind of where we are as far as the operating budget.

A

Any other questions for bill. At this time I mean we will you'll be back great, correct, yeah yeah. I.

J

Believe I'm on the june 2nd meeting. Typically we get a letter and then that letter becomes a part.

J

Of the the plan that goes to the department of planning, the state department planning.

B

As always, um we are drafting a letter for your review.

B

um And I will have that prepared for the june 2nd meeting. Yes well, you will be on that agenda.

B

um So you can come back and we can finalize the recommendations about if there are any issues that.

B

We may see in the education below this master plan that you want to address bill. Gene canelo here.

H

Just a quick question on the vote: tech center is that on schedule and when would that be completed.

J

It it's on schedule um right now, the the addition is going up. um The addition was a two-year uh you.

J

Know in the front the new face of the building is supposed to be done not this summer, but next.

J

Summer for the following fall and then we'll move folks from the you know, programs from the old.

J

Part to the new part and then renovations are going to happen in the old part. The total project.

J

Is actually a four-year project, so it it actually won't the the overall project won't be completed.

J

For uh three more summers, but the big addition and new face of the building, that's going to be where.

J

The new front entrance is that that's set to be done next summer for the for that fall, and I think.

J

That'll, be um you know, the rest of the work will be renovations, but what the community sees. I think.

J

And and the the new layout uh will be will be next summer, so it's exciting. I know the folks.

J

There are are seeing the steel go up, I think, helps visualize, you know and make it real.

J

For for the staff and the students, so I think everyone's getting excited.

A

Well, thank you. Billy appears no more questions at this time.

A

So, thank you. Okay. Thank you. We'll see you next time see you in a few weeks.

A

Okay, I'll move on to our item number nine: a special report by laura the tiles.

L

Good morning, everybody.

L

I anticipate everybody can hear me right all right, excellent and if the control room could.

L

Please give me the uh screen sharing ability. That would be great. Thank you all right, good morning.

L

Everyone I'm laura matthias with the bureau of development review and we have quite a quite a.

L

Lineup this morning um we have four projects on the agenda and I am fortunate enough to go. First.

L

And present you with our our one and only special report. For today the plan is called walters acres.

L

This is a minor subdivision, and so typically, of course, you would not see it as a minor subdivision.

L

um It would go through our process, be approved by agencies and then head to the chair of the.

L

Planning commission for approval, but in this case there are a couple of requests coming to you. One.

L

Is they are looking to do a cluster of the three lots they are proposing? So in accordance with the.

L

Code, we bring these before you and you make that determination. So the other request before you.

L

Today is for a modification to the maximum number of users on a using common driveway.

L

And we are in the conservation, zoning district and the code does permit seven users and you'll.

L

See the request that came from mr lumberman is in your packet and it's a request to go from seven.

L

Users to ten users on this houston common driveway, so I just want to uh give john leverman. I saw him.

L

On here give him a moment to introduce himself and anybody else. That's with you today, john.

M

Good morning, this is john leberman with rtf associates, land, surveyors and planners.

M

um The personal representative of the estate of walter barnes, who is the developer, was.

M

Not able to make it this morning, he may have somebody on the line, I'm not sure.

M

However, he did ask me to present the project for him. So that's what I plan on doing this morning.

M

And I'm gonna go right into it. If that's okay, um do you want me to go through the report? First, john.

L

And then give you the opportunity to might make sense to give the full picture and then, as.

L

As I um then I'll hand it over to john, to give his of course, he's making the case for.

L

The modification, as well as the cluster so I'll, give some background information and.

L

Then I'll turn it over to you is that all right sounds good. Thanks, laura okay, awesome.

L

All right, very good, so location, wise. We are down here's oklahoma, road.

L

Bennett, mineral hill: if you come down mineral hill, you will reach a arthur avenue. It's a.

L

Small road tucked in here you will see these are all properties are zoned are 20 000, and then we.

L

Head into conservation, because we're right at the liberty reservoir here- okay, so we're just north.

L

Of 26 and we're south of oklahoma road in that little enclave area there by the red so far so.

L

This property, the subject property- is there it's just over 30 acres.

L

The entirety of it is zoned conservation right.

L

There we go so now we're zoomed in you'll, see it's a pretty heavily wooded site.

L

There is a communications tower here back in 2003, the planning commission did see a site plan.

L

For a cell tower here on the property that was approved through the planning commission.

L

And it exists there today: okay, so you'll notice, the uniqueness they actually do have.

L

Frontage at arthur avenue here, which is a county owned road.

L

Okay, you'll notice the uniqueness of this property. um It's kind of what I call the.

L

Barbell shape remainder, they they had taken two off conveyances here and here um and then done.

L

Some reconfiguration of parcels here here here, so it's created this kind of unique shape here.

L

It's totally undeveloped, apart from the kind of communications tower, okay,.

L

So we have arthur avenue and then we have a paved private drive which extends to approximately here.

L

And it's 12 foot wide um and it's I'm just calling it extension from arthur avenue. It.

L

Does not have a name right now, it's an extension from arthur avenue, okay, so, regarding the number.

L

Of users, which is the first request, I'm going to go through this, and I have to tell you like I've.

L

Got like a whole legend and cheat sheet for this project, because I had to really figure out which.

L

Parcels are where and what's doing who and yet in the report, I still got one of the parcel numbers.

L

Wrong- and I will correct that as we go so so we have arthur avenue we come down here. We do have.

L

Four real-life realized access to four properties right now and I say realize because they're.

L

They're built they have a house on them, they have an address and they have a driveway that goes out.

L

To this extension and out to arthur avenue okay, so we have two four four five arthur avenue.

L

Two four two one arthur avenue: two, four, two: zero arthur avenue and two four one morris.

L

Lane so this property right here is morris lane. Okay, would you have another property right here.

L

I didn't write all the addresses down um this property accesses that extension.

L

And the off conveyance was taken around the existing house on the property right here and.

L

They utilize arthur avenue, okay, so those are the four built properties that utilize that driveway.

L

In addition, uh the coons property is built, it is here they do use barnes lane barnes lane is.

L

A lane that comes all the way back to this property at the far reaches I don't even I.

L

Should have measured how long this is, but it's it's a lane that comes all the way out here and.

L

All the way back out to the main road, okay, so this property uses that, but they do have a right-of-way.

L

That comes out to use arthur avenue, so if they ever so chose they could make use of that.

L

But right now they use barnes lane exclusively. Okay,.

L

So then there are two unbuilt parcels that also have a right to utilize that arthur avenue one.

L

Which is right here, it actually is front frontage here right and the second one is right here. It's.

L

A second parcel owned by this property owner, but it is an independent parcel. They could sell.

L

It tomorrow they could build it tomorrow with a residence, and that would also be able to utilize.

L

Arthur avenue, okay, so four built one that is built but utilizes barns and the two unbuilt parcels.

L

Okay, everybody with me, so the number of existing users plus existing properties with rights of way.

L

To that extension is seven.

L

Now, of course, there is the existing subject property, and there is, I said, there's another off.

L

Conveyance back here, these are proposed through this subdivision to utilize exclusively utilized.

L

Barnes lane, okay, there are existing properties that have a right to utilize, barnes lane.

L

So they in the process of this subdivision, they will be restricted to utilizing barnes lane. They.

L

Are not included on the potential number of users for the extension of arthur avenue. Okay,.

L

So, as we talked about, the properties along arthur avenue are zoned r20 they're built with.

L

Single-Family residences they do have public water, the private septic systems in this area.

L

And the subject, property is proposed to use private well and septic. Okay.

L

Properties adjoining the subject, property are conservation and they do use private.

L

Well and septic systems, the property itself, of course, slips downhill towards.

L

The reservoir there are some wetlands located near the southern and the eastern.

L

Property lines and, of course, as I mentioned, extensive forests throughout the property.

L

So that gives a summary of what exists. Okay, any questions right now, because then I'm going to.

L

Move into the plan and what's proposed, but I want to make sure everybody has the full picture: okay,.

L

Good, all right, so the developers are posing to create three residential lots.

L

They will all have access to arthur avenue, which is a county road via that extension, which will.

L

Be named through the subdivision process, the proposed name is osprey. Nest drive, okay and.

L

In use in common driveway, of course, I included the definition. It's a private driveway serving.

L

Two or more properties, okay, so the youth and common standards shall be met. That would include.

L

A pullover and a turnaround, so the first portion of this is the modification to the number of users.

L

And that determination, in accordance with the code, lies with the planning commission, okay, so that is.

L

Also included in your report, the modification um where the planning commission finds that, because.

L

Of unusual circumstances of shape and typography or other physical features or conditions of the.

L

Proposed subdivision, or because of the nature of adjacent developments, that extraordinary.

L

Hardship may result from strict compliance with the uic design requirements. There may be granted.

L

A modification when requested by the subdivider or developer okay prior to considering that request.

L

The planning commission shall refer the matter for technical agency review, so this is we've.

L

Done this before you most recently saw the request for modification, probably most recently with the.

L

Sun valley subdivision that came through so what happens on our end is that agencies are.

L

Requested to review the letter that is submitted by the engineer which john leverman submitted a.

L

Letter um on behalf of the developer, seeking relief that was included in your packet and.

L

Then that was distributed to the bureau chief of resource management.

L

The bureau chief of roads, our office of public safety, our department of planning and engineering.

L

Review for their comments now you don't have those comments in your packet. They were not.

L

Complete all of them were not received at the time of the writing. The report.

L

So I did email them this morning to laura bavetta, so you should be getting them, but I'm going to.

L

Go ahead and read through those comments, so you know what the agency comments were.

L

Okay, so the department of planning says, in summary, the modification request will not have the effect.

L

Of nullifying the intent or purpose of the 2018 freedom community, comprehensive plan.

L

So they had no issue. The bureau of resource management has no comments.

L

The bureau chief of rhodes says there are no issues with the modification.

L

Office of public safety has no objection to the modification.

L

An engineering review weighed this against the alternative, which is what we saw in sun valley.

L

They did not pursue these to come and they did a county road instead and.

L

After reviewing the all the criteria, for this instance, engineering review commented that a.

L

Using common driveway is preferred actually to a county road in this location. Okay,.

L

So those were the comments back from the review agencies.

L

So with your determination on that part, one request for the modification and I'm going to just.

L

I'm going to go through this entire report start to finish. I'm going to talk about.

L

This modification, as well as the clustering and show you what they're proposing there.

L

And then, as I said I'll, let john speak to the requests. Okay, so.

L

So with that determination, if you grant the modification, um if, if you.

L

So the request is to grant the modification for the maximum number of users permitted.

L

On aspirin s drive if you go ahead and do that, then the conventional plan can be considered for.

L

The purposes of determining the light yield, okay, which in this case they're proposing three lots.

L

If the modification is not granted, the conventional plan would necessitate a redesign.

L

That might mean a county road to support the number of users. That might mean.

L

Maybe they get one lot directly off of arthur avenue. I I don't know what a redesign would.

L

Entail but they would have to go back to the drawing board and you may or may not see that.

L

Again, if they decide to pursue, pursue a cluster plan, you would see it again.

L

Okay, so I'm going to move forward, here's some pictures.

L

Of the site, so this is that extension road from arthur avenue. This is the terminus of.

L

Arthur avenue right now, you'll see county road signs, end of maintenance.

L

And then this is the private extension that is 12 foot wide.

L

Okay, you'll see in this photo. There are a couple other driveways that come.

L

Off of the terminus here of arthur avenue,.

L

And this is standing on that extension and looking back towards the terminus of arthur avenue.

L

If I move to the next slide, you'll see this is a view from the end of.

L

Arthur avenue, looking out it's out back towards the main road, okay.

L

And I went down I'll show you where we are here so this is. This is barnes lane. This is that private.

L

Drive which will be utilized for the subject property, as well as the existing off commands.

L

And the coons property uses that right now.

L

Okay, this is what barnes lane looks like at the main road. It is lane.

L

And here's an aerial shot, which I thought was.

L

From google earth you'll see the the reservoir of an eastern branch of the reservoir, this is arthur.

L

Avenue right here, okay, so we are oriented a little different here and barnes lane.

L

Is here where we come back barnes lane all the way back to that one property and then.

L

Arthur avenue and the extension, which serves those few lots right now: okay,.

L

All right so moving forward to the plan, you have both the conventional plan.

L

And the cluster plan in your packets, this is the conventional plan. Okay, so you'll see arthur avenue.

L

The extension of arthur avenue two lots in the far northwestern portion of the property, the third lap.

L

Shown down in the southern portion of the property, they are looking to put a parcel around the cell.

L

Tower that is a-okay. We can go ahead and do that. That will not be counted in the number of users.

L

That will not be in the declaration of maintenance obligations for this using common drugs. Okay,.

L

And you'll see the house proposed on the subject: property with the access drive to barnes lane.

L

So the minimum lot size and conservation is three acres. We have three lots proposed the first one.

L

Is 3.8 acres, 4.48, acres and 5.04 acres, so they would all meet the bulk requirement.

C

Okay, so clustering is permitted in conservation. Zoning district.

L

That's that section of the code is included in your packet as well, and, of course, with that.

L

We take the difference. We've had a lot of conversation about this recently, so you're.

L

Very familiar: we take the difference in lot size between um the three acre minimum lot, tights and.

L

What they're looking to do on the cluster plan in terms of lat size and we put that into open space.

L

So this is the cluster plan. Yes, um can you go back to the conventional again and yes, so.

A

I so I understand what's going on, can you show me on this plan the 10 ten potential users? Yes,.

L

I think so it's like a pop quiz, but yes right. Okay,.

L

Okay, so existing build properties here, one here, two, three, four: okay,.

L

The coons right of way right, five, the second parcel here of martin six.

L

What did I miss? Did I get this one? Oh this one here, unbuilt, seven.

L

And then eight nine ten, so the three new lots are eight nine and ten. Okay, thank you sure.

L

Absolutely okay, so moving forward to the cluster plan.

L

So the plan proposes to cluster the lots near the terminus of arthur avenue.

L

They will be accessed from osprey nest, drive one two: three drivewise, okay,.

L

The lot sizes are 2.25 acres, 2.13 and 2.04.

L

The open space required.

L

Is 2.57 acres and that's again the difference between the three acre lot sizes and then the lot.

L

Sizes proposed right: the plan does propose an in excess of what is required. They're proposing 5.1.

L

Acres and they would all be in in on the resulting lands. So, as you see, you'll you'll see on the far.

L

Eastern portion of the resulting lands here, an open space parcel.

L

In the southern end, open space parcel and then on the far western end, an open.

L

Space parcel, so these will be put into easement conservation, easements and granite to the county.

L

Both plans propose all properties being served by well and septic. The conventional plan does depict.

L

Septic areas, but I'm not seeing a key for a percolation test on there john confirm I do.

L

Not believe that we tested on the conventional lots and the planning commission may require.

L

Percolation tests to determine the number of lots that can be clustered if you so chose.

L

All right- and we talked about the parcel at the communication tower- it is presented as.

L

Well, on this plan, again, it's not for residential use, it's not included in the number of users.

L

Or the declaration of maintenance obligations that will be required for us by nest, drive.

L

Okay, so again, as a minor subdivision.

L

We move through the review agency process addressing all comments. um This project is.

L

Not will not proceed to a technical review committee meeting as a minor subdivision.

L

It is not subject to concurrency management as a minor subdivision and the chair of the.

L

Planning commission is authorized for all minor subdivisions to approve the final plan.

L

So solely the reasons we are here today are these two uh requests as a special report, so.

L

The modification to the number of users on a use and come and drive from.

L

Seven to ten and the pursuit of a cluster plan versus the conventional plan so.

L

Hopefully that gives you a good background, and now I will john can address the the.

L

Modification request, as well as the pursuit of the cluster plan um and their their.

L

Logic in regards to that why that is desirable and john, if you want me to switch the slides just let.

L

Me know: okay, thank you laura! You can leave that one up for now. I have one more question before you.

A

Go john for the resulting lands um in the laura, you say it's buildable. Does that mean it can be.

A

Further subdivided the resulting land. Oh thank you for saying that. I think it's in the report and I.

L

Forgot to highlight it so the resulting lands as we go through this subdivision. They will not have.

L

The frontage anymore at the public road that they is required in order to subdivide so this will be.

L

These they will not be um entitled to any further lots under that criteria. Thank you.

M

Good morning john lemmerman with rtf associates again um I guess so as far as the cluster.

M

Is concerned, the property is obviously a unique configuration and it joins liberty.

M

Reservoir, which is a public water supply, so therefore it must be developed responsibly.

M

Has road frontage on.

M

County road, arthur avenue and right away, as laura explained, uh access on barnes lane, which.

M

Is actually a many years ago, former liberty road so because the regulations have been added to the.

M

Code in the past in carroll county, we must ask planning commission for any modifications to the.

M

Codes, so that common sense can prevail in a lot of situations, so once we did the environmental.

M

Site delineation and the forest conservation or I'm sorry, the forest stand delineation.

M

When the property, we had a clear picture of the wetlands streams during buffers and we actually.

M

Located and identified 53 specimen trees on this property, which are required to be protected by mde.

M

You actually need a variance to remove these, whether they're in poor condition or anything.

M

um So it makes total sense in this situation to cluster the three lots in the area that we're.

M

Proposing there's only a few specimen trees in the area that around the perimeter of this little.

M

Enclave, that's close to the public road, so there's less infrastructure and roads and.

M

Disturbances needed mean this is a prime example of why carroll county has clustering in there.

M

As an option, um it just makes total sense to put all these slots clustered close to the road in an.

M

Environmentally responsible manner and ultimately, it's less disturbance and clearing of the trees.

M

Moving on to the number of users that drive on the.

A

Before you driveways john, can I just ask a question: absolutely: okay, um on the clustering.

A

So in the conventional plan you have a lot down to the southern portion.

A

That is removed in the in the uh clustering. So what happens with that parcel of land.

A

Because the actual dated open space is only a small portion over to what is that the west, so.

A

um What what's going to become of the land, basically surrounding the cell tower.

M

uh We're clustering, the lots and basically there's whatever is left over, um is going to.

M

Be part of what's called the resulting land lot, so it's already and the purpose of the clustered.

M

Regulations is to cluster the lot yield and then have one large parcel with the majority.

M

Of the environmental easements associated with it, and that is non non-subdividable, so.

M

We could have proposed a road call. The sac road asked for additional lots, um however,.

M

The developers they live here in the area matter of fact the entire estate. As far as I understand.

M

Or at least most of them live at the end of arthur avenue and these houses that laura mentioned.

M

And are using you know, users of this driveway, so they're, you know they're they're, responsible.

M

Their their and their eyes are developing. This is responsible, as they possibly can also.

M

Is there any other questions on clustering while, before I'm moving on to the driveways.

L

So I think you answered that question absolutely and just to to reiterate so the resulting land.

L

Comes all the way down right and all the way over here and the open space parcel and back and up and.

L

I'm doing an outline because it's still quite an interesting shape to it and it does include.

L

All that land, so it is part of the resulting lands just to clarify and no subdivision whatsoever.

M

No further subdivision, if this plane is approved, correct.

M

M

So, as far as the number of driveway users, um fortunately the staff, which was the first.

M

I've heard of it they they were positive and prefer to using common driveway. Here.

M

Rather than a county road, but as far as a lot one that's being proposed technically could.

M

Come off the right-of-way of arthur avenue, we're trying to avoid disrupting or removing a massive.

M

75-Inch scarlet oak, which is right there at the end of arthur avenue if you've done a site.

M

Visit, you probably noticed it because it's it's fairly rare to go it's size, um so it's very large.

M

um And in addition, there's a 36 inch red oak to the adjacent to that, so we're trying to avoid.

M

Removing those- and we don't even know if we'll even get a variance to remove it since it's so.

M

Large, um so coming off, the driveway just makes a little more practical sense. It's coming off.

M

Within the first 50 feet of the entrance- probably so it's very limited extra user of this driveway.

M

As laura mentioned, 2541 barnes lane, which is to the extreme south of the property, does not use.

M

This driveway, however, there is language and their deed that they potentially can um don't know. You.

M

Know they don't now they may never, but it has the potential and and then again, as laura mentioned.

M

The 2411 morris lane property had purchased additional land in the 60s and 70s.

M

And development review says they could potentially develop that land which would.

M

Potentially use are using common driveway, which is being named because of the number of users.

M

Which will be is one of the requirements for emergency services, so the proposed houston.

M

Common driveway that we're speaking of and I'm asking for variants is named osprey nest.

M

Drive and it will be named once you know, the subdivision is approved, so the three of them.

M

Are potential users I'm an abundance of caution and I guess uh with the intent to avoid any future.

M

Issues is why we're here asking for bearings from the seven to ten users. Then it may not be ever ten.

M

Users but the potential there, and we just want to make sure, there's no future issues for anyone.

M

And this is all kind of related, but there is a third item on this project laura and I have.

M

Discussed, I'm not trying to bring any surprises to anybody, but I don't know where the staff.

M

Recommendations are but uh on march, 16th and 20 of this year. This is a little over two months ago. We.

M

Asked for a waiver from department of public works design manual, specifically section 2.7.

M

0.18, which requires a cul-de-sac and I'm bringing this up, because this is all related to.

M

This and ultimately, I would like to have, and developers like to have planning commissions.

M

Input on this or what wait on it. And while we're here versus coming having to come back in another.

M

Month or two and dragging things out, I'd like to bring it up if that's okay, um so the requirement.

M

In the design manual for department of public works um has from from the 80s that had a thing.

M

In where, at the end of a terminus road, which is we're talking about arthur avenue, they like to.

M

Require a cul-de-sac or permanent terminus at the end, um we've asked for a waiver on that also and.

M

Primarily because of all the reasons I mentioned before, while we're clustering, it's environmentally.

M

Sensitive area there's a fairly rare 75-inch, scarlet oak right at the end of the road that.

M

We'd like to preserve, in addition to the 36 inch red oak specimen tree adjacent to it,.

M

And back in the 80s, when they put that in the manual, it really wasn't that as big of a deal.

M

To draw the cul-de-sac, put the typical section on their profile and they build it.

M

um Fast forward to today, with the current storm water management regulations,.

M

Aside from increasing the impervious area which they try to pursue, not allow you to do.

M

To address stormwater management you're, basically not only disturbing.

M

What you have to build for the cul-de-sac, but my typically in.

M

My experience at least twice that disturbance of the cul-de-sac is going to get disturbed.

M

Because you have to treat the runoff with the current stormwater management requirements.

M

So it's a it's a lot bigger deal, a lot more engineering and a lot more cost and a lot more.

M

Disturbance to build this cul-de-sac than it was back in the 80s.

M

And due to environmental regulations, ironically enough, but in addition there's never been a.

M

Any issues as far as.

M

Emergency vehicle turning around or delivery turning around at the end of the road.

M

To our knowledge or my developers, knowledge who's lived here, all their life practically.

M

Been utilized for decades and their existing conditions do allow for.

M

Vehicles and large vehicles to turn around.

M

There's a dry driveway, there's several driveways at the end. There's a wide entrances.

M

And even if you it's hard to see with the scale drawing, but when you vehicle pulled into our.

M

Osprey drive and backed into the other driveway they're, technically still in the county right.

M

Away for arthur avenue, they're not on a private lot when they back up into that. So I don't see.

M

Any issues with leaving the way things are. I really like to think it's a good idea and common.

M

Sense in this scenario, it's not hurting anything. It's not. I think it would be more detrimental to.

M

Construct a cul-de-sac and with the additional disturbance and again I don't know if we'll.

M

Even be able to get a variance as possible, we can from mde or the county as far as removing specimen.

M

Trees, but I would like to avoid it because it is a staple of the neighborhood at the end of the road.

M

M

And again, the developer could have asked for additional watts. um You know and construct a call.

M

To sacramento, but their intent is to develop this in a controlled, and I guess the least intrusive, to.

M

The neighborhood as possible, which is why we're asking for open, processing and minor subdivision.

M

um Laura I know we had discussed that at the last meeting, but.

M

And it was being processed, I don't know if you have any feedback from agencies or not or.

M

But that's where we're at so honestly, I'd like developers would like to add the third request to.

M

The planning commission, if we can while we're here we are so john. I don't have anything additional.

L

For you, that is still in review. um As far as I am aware, with the department of public works, I am.

L

L

I am, I am unaware, and maybe someone else can chime in. I don't know if we have legal counsel.

L

With us today, but I do not know if the planning commission has the ability to waive a uh it lies.

L

With the department of public works, they have the ability to waive that from a professional.

L

Design standpoint engineering standpoint, I'm not sure that the planning commission does.

L

Jim at this point, without any kind of feedback at this point yet from dpw.

N

I would agree with that: laura okay.

L

So it is uh noted that that was received it's being processed. um It is notable that this is.

L

The the sign right here is for end of county maintenance. We do maintain arthur avenue right now.

L

L

And where dpw goes with, that request, they have all of that outlined in regards to.

L

um The trees, the location of the trees, etc. They have that in writing. From mr lammerman.

L

So I think the requests today before you are the two that were presented in your.

L

L

Thank you jim, for weighing in on that yeah. Thank you. I guess.

M

Two out of three we'll go with, and hopefully we'll have to come back.

A

um I have one more clear comment: clarification laura. You said that, in the beginning of your.

A

Your discussion, if we do not approve the additional users to the use in common driveway.

A

That the development would have to be reconfigured or re-thought. Is that what you stated that.

L

Yeah so my exactly my statement was um that it would have to undergo a redesign.

L

That for the purposes of determining the cluster versus the conventional plan, the.

L

Conventional plan has to be a viable plan, so if there were not a request to add additional users.

L

To these the houston common driveway, we have a plan that doesn't work yet. Does that make sense.

L

So, where, where the engineer and developer would go with it from there, I do not know.

L

L

A necessary modification in order to create additional lots, additional users.

A

Got it so it sounds like our first discussion, then, is the additional users on the use and.

A

Common before we can even approve the cluster versus the conventional.

A

So I guess we'll start the discussion on use in common. Does anybody have.

A

Any thoughts any discussion, this seems to be a recurring theme in the county.

D

Well, I'm happy to lead off with a few comments. This is jeff weathers.

D

It seems to me that this is probably sort of the quintessential example of what the code.

D

Is talking about about unusual circumstances of shape and topography and other physical.

D

Features or conditions it seems to me, we took every single one of the boxes along there.

D

And certainly mr lemmerman's letter puts forward affirmative evidence in my mind in terms of.

D

Satisfying those requirements where he talks about the county road as it would disrupt the existing.

D

Users create unnecessary disturbance, immediately adjacent to liberty, reservoir during construction.

D

Of a road and associated storm water management facilities caused environmentally sensitive.

D

Existing specimen trees to be removed, etc. There's an adequate area for emergency vehicle turnaround.

D

And deliveries near the limits of the using common driveways, specifically at mars, lane.

D

So, to my way of thinking at least I'm one one, member of this commission, I think that uh this.

D

Is to my way of looking at it easily uh satisfies the requirements um under the 155.025 using common.

D

Driveways and so I'm I'm one voice in favor of the request for the 10 users for the use income.

E

Yes, I agree with jeff I've seen several properties with a similar situation and I think it's a much.

E

Better idea to go this way and adam like this, so I have no objections.

K

I I will just say from a from as a voice of caution. um I don't know where the tipping point is.

K

I mean I haven't been on this commission as long as you have um I'm the newest member and.

K

um 10 to me is a lot um and again I don't know at what number we say you know just in general, in.

K

Our own minds- and we we each probably have our own opinion of it. 10 is an awful lot and my concern is.

K

Is is frankly, you know safety. um uh You know a fire truck comes down this drive. um You know.

K

We see the the suv sitting there in the top left uh corner of this photograph. We put a fire truck.

K

On this road, an emergency vehicle and if they go to a wrong address- or let's assume it's the.

K

Right address and they're just trying to get out and go to the next. um The next emergency.

K

uh The next need um they're going to have to back down this driveway. I would think- and so um I I'll.

K

Just simply say again: I'm from I live very close to this. I don't have a problem with the cluster.

K

My issue is: is: is giving them a turn around. You know further down this road, not disturbing the the.

K

Scarlet oak, but driving down that road that drive and giving the emergency vehicles an opportunity.

K

Down further down where they could potentially turn around, I'm fine with the cluster design.

K

I agree with you all. I think it's a great a good solution in terms of conserving conserving certain.

K

Areas but I am concerned with the number of users vehicles and their access to this to this property.

L

So, just to address that I think that's a great um comment that is part of our use and common.

L

Driveway standards I mentioned the pullover. There also has to be a turnaround, so this.

L

Extension, this osprey nest drive is required to have a place to turn around at the end and that.

L

Is been um that has been talked through and addressed uh with engineering review and.

L

John has john lemmerman has addressed that john. If you want to add anything to that, you may.

M

Yeah, I was just going to reiterate that you know we think that there's adequate turnaround, vehicles.

M

Or space at the end of arthur avenue and in addition, there's adequate turn around space at the.

M

End of their proposed well, the existing driveway that we're proposing is osprey nest tribe because.

M

Of morris lane provides, uh and if it's not, we will have to widen it to meet the current requirement.

M

Meet the requirement storing us of emergency vehicle turnaround at the end of that also so.

M

There will be ample opportunities for emergency vehicles or large vehicles to turn around.

D

I would this is jeff, I would also say in response. You know, I think.

D

You know pete's issues that he raises are are really good issues. um Safety is always something.

D

That as a commission, we focus on, and so I you know in my view, those are the right questions.

D

To ask and john and laura, I appreciate your response there um and then you know the pete.

D

To your question about what's the tipping point you know, 10 is a lot. I um I tend to.

D

My way of looking at it is, I think I look at each of these scenarios. Each of these cases that comes.

D

Before us individually, and so in my mind, I don't have sort of a you know, I agree. 10 is a lot of.

D

Users- and there are, there- are using common issues that have come before us. Gene canali.

D

Will be glad to tell you lots of stories around those because he's usually a voice of caution also.

D

And we rely, I rely on that, but I think it just depends on the circumstances. We've seen some.

D

Of these plans similar size clusters and houses, and I would be right there saying.

D

10 in that circumstance, is too many, um this being coming out of this community.

D

Developed in the way it has on the reservoir, some existing houses have been there for years, using.

D

This lane and then also barnes uh barnes lane it's sort of an interesting development over the years.

D

In terms of how it's being used and it seems to work and then the thoughtfulness, I think that.

D

John has put into this on behalf of his client, so I agree with up tennis a lot, but.

D

On this plan, um I'm comfortable with it, so um that doesn't mean anybody else is, but but I am.

D

So I'm I think they, I think, they've done a nice job and I think it's been a great presentation.

H

This is gene canelli. I yes in the past have been a voice.

H

Concerning houston common driveways, I I think 10 is too much also, but I can't sit here thinking how.

H

How I could vote against this with all the information that's been provided.

H

uh I do have have a problem with the safety issue, because I live on a common use driveway, where.

H

There's eight people and we're the first ones into the roadway and the increase in traffic with ups.

H

The post office and and, of course, uh our good friends from amazon, the roadway is.

H

Just become very, very unsafe for any small, any small children playing in the area.

H

Fortunately, we don't have any to this at this date, but there will be in the future.

H

So, as I said I just, I would hope that the maintenance agreement is provided for this.

H

Road, so that individual buyers understand their responsibility to repair this road.

H

If so needed and someday it will be. So that's just my word of caution. Thank you.

A

um Yeah, I agree with what jeff was saying: um 10 10 is a lot and I guess.

A

Due to the environmental active nature,.

A

It's definitely better more advantageous than first of all, our roadway flying through.

A

There and things so I agree, and the cluster is definitely much preferred, um especially because.

A

Of preservation of the southern area around the cell tower. So although I don't get a vote so.

A

I think, but I I agree with what has been presented, so I don't know if anybody has.

A

Any more comments or wants to make up do we we need an actual vote. Correct, laura.

L

I we do- and I also just want to note that I we did have two citizens contact us. I'm.

L

Not sure, if they're on the line today or not for your discussion, you may want to.

A

um Yes, if we have any um public who would like to make public comment on this.

A

Plan um go ahead, we're gonna, unmute you and.

A

You can go ahead and make a comment if you would like to.

O

Well, I don't know how this works as a new me, so I'm not sure the protocol.

O

Is but one of the concerns that people who live on sir, just um just identify yourself and.

A

Make your comment yeah. My name is nick dotson and I live on arthur avenue.

O

And many of the others who live on arthur avenue are concerned about the increase.

O

Of traffic, which is already brought up, you know just even delivery truck still there to be more.

O

We realize this is probably going to go forward with the plan so to help.

O

Reduce the speed of these delivery trucks and other people on the street, we would like to.

O

Somehow request to get some speed, humps and also maybe reduce the speed limit on arthur avenue.

O

Is this the right place to request that.

L

That request would go into our department of public works, who owns and maintains the road.

L

And have criteria for when and where speed bumps are put in. So I can make a note of that and if.

L

You'd like to get in touch with me, I can put you directly in touch with the department of public.

L

Works: okay, okay and uh you did mention the um I guess, the other side of these, the property.

O

Being sold or being subdivided their, their access is going to be via barnes lane. Is that correct.

L

So the yes to the.

L

The properties to the furthest east, let's say the subject: property and the off commands that has.

L

Never been developed, there's a parcel down. There, that's never been developed, it is its own lot.

L

um Those would access barnes lane correct and be restricted.

O

All right, that's um all I have, I don't know any others. So thank you. Thank you. Thank you. If we.

A

Have any other callers who would like to make a comment? Go ahead at this time? Please identify.

A

P

Hi, yes, my name is tim miller, I'm a neighbor on arthur avenue as well.

A

Go ahead tim we can hear you. Yes, I think in in terms of the two plans, um I can speak for the.

P

The environmental nature of the area we all and a ton of neighbors who.

P

Enjoy walking back in those woods and um anything we can do to preserve that open space would would.

P

Definitely be preferred um agree that traffic and delivery speed is a concern, I think more so.

P

Than um necessarily turning around to uh it's before uh morris lane does have some room to.

P

Turn around there and I think that's important um but yeah the speed is a concern, but I don't.

P

Know that either of the plans necessarily is going to impact that as 10 or 7 users, whatever it may be,.

P

But yeah we definitely prefer the open space option over the two.

A

Thank you um not sure if you have any other callers, it doesn't appear so.

Q

So with that, I guess we have to have uh any emotions or.

D

So this is uh jeff weathers. I guess I'll unless somebody tells me otherwise I'll just do.

D

Separate motions: two motions: uh the first motion I'll make.

D

Is that we approve the modification to the use in common driveway from 7 to 10.

E

A

Alright, we have a motion for mr.

A

Allow the modification for the using common driveway from seven to ten did. I take it. You're.

A

Gonna do a voice vote. I mean uh roll call. Mr canali, yes, miss copenhagen. Yes, mr gossnell.

R

Yes, mr wildnews, yes, mr lester.

B

Yes, please let the record reflect that five are in favor and the motion carries.

D

Okay, jeff walters again I'll make a motion that we approve the cluster plan as presented.

D

I'll, second, that.

A

All right, we have a motion in a second for approval of the cluster.

B

Okay plan canale; yes, miss cropping. Yes, mr gassnow. Yes, mr waters, yes, mr lester, yes.

B

So five are in favor and that motion carries as well. Thank you and can I just add a clarifier.

L

To that it's an approval of the pursuit of the cluster plan. It does still need to go through.

L

All agency, reviews and approvals, so I don't know laura, I heard him say it, as is I'm just kidding.

D

Thank you, everybody. Thank you. Thank you also. Do we have cynthia? Has the authority to approve the.

D

Final plan, without us taking action is that right. That is correct. Okay, unless you wanted.

D

What was that? I think, if that's, unless the com, the commission wants to see it again correct, laura.

L

No, in this case, as a minor subdivision, our typical process is to process through all the technical.

L

Review agencies till we have final approvals and then present to the chair as a minor subdivision.

L

So it would not come back before you, as is typical. I I anticipate you can always request.

L

Anything you like so if you did want to see it back for some reason, we would bring it back. We.

L

Could bring it back to you, um but that's not a typical process and the code doesn't require that.

L

Yeah, I'm not I'm not asking that to be brought back. I just want to make sure that the chair.

D

Could do it and we didn't need to, could approve it and that we didn't need to take any action.

D

To clarify that, at least from my perspective, correct and then uh laura you had mentioned that.

D

There really is no role for the for our commission on approval of the.

D

Dpw design manual waiver is that, is that your I well? My understanding is that we are looking.

L

We development reviews looking for a determination out of the department of public works. First.

L

And then, if that was to be disputed, I would have to look at who and how and how that is.

L

uh Appealed if there is an appeal process, I can't speak to that. I don't know if jamalman is still on.

L

And as and can speak to that process or not the only reason I raise it um in general, I'm sorry.

D

To cut you off is I'm just trying to think of you know john had mentioned common sense prevailing.

D

Sometimes I'm a big fan of that, even though I'm a lawyer, some of us, sometimes try to find some.

D

Common sense around and um anyway, uh if there's a you know, given the discussion today and the.

D

While it's on our mind, if there's anything we can do to, even if it were a conditional.

D

Approval or a comment or something in terms of our commission, you know having no objection to.

D

To the waiver, I don't know how we'd feel about that, but I'm just trying to think if we can avoid.

D

Having to have a developer, go through another step and another process and the delay and then bring.

D

It back over, you know this waiver of a cul-de-sac. Is there something we can do? That's practical.

D

And doesn't interfere with the requirements, I'm just I'm a fan of those kinds of things.

N

Right, I was just for preliminary subdivisions. The planning commission has the authority to.

N

Add on modifications or conditions. um However, I would have to agree with laura that I think the.

N

Department of public works should take a uh a look at it to see that the road qualifies for the.

N

For the sort of traffic comic devices that are um available so that the commission doesn't put on.

N

Some sort of condition that um you know the department of public works sees is not uh feasible.

D

Understood: okay, thank you.

A

Okay, thank you.

A

So with that, I'm going to move on to item number 10.

A

Our concept subdivision plan for p200032 bachmann overlooked section two.

S

Good morning, everybody.

S

Good morning uh control room, if I could have presentation, abilities.

S

Okay, perfect, so hopefully everybody can see my screen here. So, as mentioned.

S

The next project on the agenda is bachmann overlook, section two file number p-20-0032.

S

With me is, it looks like jeff zigler with clsi and it looks like in his office. He also has.

S

Mr rickel, with clsi aaron valentine with clsi, as well as richard hall, who's representing the owner.

S

Hopefully, you guys will chime in if I missed anybody over there. I apologize.

S

And with this project, they are proposing a two lot subdivision with one remaining portion. This.

S

Plan is before the planning zoning commission for consideration of a concept major subdivision plan.

S

Which means that there is no action required with this, so this project is located on the.

S

Outskirts of manchester, so this pink line here is the municipal limits of manchester.

S

And this is hanover pike here and here's tracy's mill here, so you see that this proposed site is on.

S

The east side of tracy's mill south of meadowview drive- and this is in election district number, six.

S

So the subject property outlined in yellow here is roughly 15 and a quarter acres and.

S

Is the remaining portion of the amended plat of bachmann overlook, which would be the first section.

S

And that was recorded last year in may, the property is not developed, as you can see here,.

S

And it slopes upwards from tracy's mill road to the south property line, so it has a pretty.

S

Gradual slope up as you move south and it is roughly a 130 foot vertical foot, elevation change.

S

And, as you can see, uh the southern property boundary is comprised of a wooded area.

S

And is encompassed by a forest conservation easement, as you see by.

S

The green shade on here and there are no streams or fema 100 year, floodplain designations on site.

S

The property lies in the agricultural zoning district, as do the adjoining properties.

S

Surrounding it all properties are undeveloped or I'm sorry, all surrounding properties are.

S

Either undeveloped or are developed with single residential dwellings, properties.

S

Are outside of water, sewer, service areas, priority funding areas and the designated growth areas.

S

So, just for a very brief history, section one of bachmann overlook, proposed the creation of lots.

S

One through three- which I believe are these three up front here and what was reviewed as.

S

A minor subdivision section, one was approved by the planning and zoning commission in 2006.

S

So what section two is proposing is the creation of lot number four and lot number five and both of.

S

Those proposed lots are to be at right at two acres and they will both reside along tracy's.

S

Mill road, which you can see here, the remaining portion, as you can see, will then be roughly ten.

S

And three quarter acres and if I am correct um it will still be entitled to. I believe one more lot.

S

Along with that, a roughly half acre parcel uh shown as parcel a on the plans here.

S

Will be deeded to the adjoining property editor.

S

Both lots are proposing the development of single family dwellings with individual.

S

Access to tracy's mill road and they will both have private well and septic systems.

S

So the concept subdivision plan was initially submitted june 30th last year. 2020 the plan.

S

Was subject to citizen involvement at the august 24th 2020 technical review committee meeting one.

S

Citizen, an owner of an adjoining property, raised concern with an existing culvert placement.

S

That was within the first section of bachmann overlook that was causing water to wash out his.

S

Property, mr hall, who was also at the meeting, stated he would remedy the problem after the.

S

Meeting other than that, there have been no calls or letters received regarding this proposed.

S

Subdivision, so, to give an idea on how the property looks, uh this is along tracy's mill road, and this.

S

Is across the road looking back onto the site, you can see a gradual hill there and then onto.

S

The next slide you see this is the sign from the first section, and this is on the site. Looking back.

S

Towards that wooded area, and then this is on the site, looking forward towards tracy's mill, road.

S

So the plan is exempt from the floodplain code has currently designed the landscaping.

S

Ordinance does not apply to this project. Grading in sediment control.

S

Has granted concept approval engineering review and state highway administration.

S

Has granted approval of the constant plans? The carroll county health department has comments.

S

But they will be addressed during the preliminary plan review process. Forest conservation will be.

S

Addressed by way of on-site a4 station with an easement granted to the county, so they're.

S

Going to add another little sliver here to that already existing force conservation, easement area.

S

The bureau of resource management has granted concept, storm water management, approval.

S

Stormwater management will be addressed via micro, bio facilities on the fronts.

S

Of the proposed sites and they would drain to a culvert which will run under tracy's mill, road.

S

In accordance with the site development plan, memorandum from the department of planning.

S

The proposed land use is consistent with the 2014 carroll county master plans.

S

Land use designation of agriculture and finally, the project is subject to the provisions of.

S

Concurrency management, chapter 156 and will be tested prior to presentation of the plan to the.

S

Commission for approval of the preliminary plan at this time I did run the numbers as they stand.

S

And again, this is not for anything but your knowledge, but all facilities and services.

S

Are adequate with the exception of fire and ems which is approaching inadequate so for.

S

For adequacy it has to, I think the response times have to be less than eight minutes and.

S

For approaching inadequate, the response times are between eight and ten minutes and I believe.

S

For this, which it is in the line bro fire and ems district, it was at roughly eight and a half.

S

Minutes response time, so again, um nothing no reason for that, but for your knowledge.

S

But they will be tested officially before being brought back as a preliminary plan.

S

And with that, that concludes everything. um I'd be happy to answer any questions or anybody from.

S

The clsi team or the owner, if you'd like to state anything, certainly feel free.

A

Thank you so uh the initial test of adequacy that includes the schools too.

S

Correct yeah, so, with this being a major subdivision, it will get tested for schools.

S

Police fire protection, ems and um roads, as well with it being water and sewer, there's.

S

Or I'm sorry well, incepting. There won't be any tests for water.

A

um Eight and a half minutes for lime, brow is, is actually pretty good in this.

A

Area, I don't think you can. It takes 10 minutes to get everywhere around here. So.

A

um Would the uh owner or developer like to make any comments in addition to what david had given.

A

Us, uh I really don't have it, I think it was presented properly. I don't have any problems.

R

With uh what's been said, uh we have, as, as you say, it is a rural area and I would hate to see.

R

You know my grandson is one of the volunteers at limeboro and they hustle pretty good, but.

R

You can't get anywhere within 10 minutes over there because they're short out country, but.

R

You know, I think you know the only thing that uh wasn't stated is we have a garage on an adjoining.

R

Property, uh that is under an agreement to be removed to affect a better site distance.

R

And uh we've gone, I think a little bit above and beyond and on lot number four. We've.

R

Got the uh we're going to do a dual entrance so that there will be.

R

Only one entrance there that will serve that lot and the remaining portion as it approaches.

R

uh Crazy middle, uh they will be separated once they get off of the right of way, but there will.

R

Be one entrance double wide, which is of course a lot safer. So that's the only other comments.

T

And david this, this jeff zigler just moving the plans forward. I just want to.

T

Maybe ask and acknowledge: can we go in with a preliminary and final subdivision plans.

T

Moving forward since there's really not going to be any change.

S

So that is that's actually a pretty good question. um Let us talk internally on on how to move.

S

Forward with this plan, you know if you're saying, there's not going to be too much change with that.

S

We'll certainly discuss that option to have a joint preliminary and final review. Thank.

R

You I would appreciate that uh it's it's uh I know. Technically, it has to be classified as a major, but.

R

We've done pretty much all the technical work already with everybody knows exactly.

R

What's going to happen, we'd appreciate if we could go with the joint meeting next time.

A

Any comments from the commission at this time it seems pretty straightforward.

D

I agree, it seems very straightforward.

A

We don't need to vote on this. This is just a concept plan, so any suggestions or changes.

A

To the plan before they bring it back to us now's the time to make it, if not.

D

I, like the single driveway that you're talking about it, does make it safer to have only one entrance, a wider driveway. You talk about moving.

D

The garage, I think, all those things are very positive, uh so I'm in favor.

D

Of everything you're doing, I think it looks, looks good all right. Thank you.

E

Yes, I don't see any issues, so I think it was very well presented.

A

Okay with that, I think uh pretty straightforward, for you guys and uh we'll see you soon.

R

Very good: will you uh be getting back to us on that dual preliminary final decision.

S

Yes, so I'll look to have an answer to you guys either before the end of today or sometime.

S

Tomorrow, for that, so sometime here soon I'd love to have an answer. Thank you and appreciate getting.

R

It on the schedule for us today that works very well thanks a lot thanks david. Thank you.

A

So our next item on our agenda is a recess. um I have quarter till 11 right now. Let's take.

A

Take 10 minutes since we've gone quite a long time and see you guys at 10, 55.

A

Ready, I'm gonna call back to order our meeting and with that we'll move to item number 12.

A

The concept site plan for s-21002, the greater baltimore temple second amended.

S

Perfect, so we will move right along here.

S

Okay, so hello, again uh david b craft bureau of development review, as stated the next.

S

One on the agenda is greater baltimore temple second amended site plan file, number s-20-0002.

S

I'm not sure who's all here I know I've seen mr ziegler again with clsi and dean camelin who's.

S

The architect for the project, but I'm not sure if anyone from the owner is here. If so, please.

S

Chime in so thank you, and this is ram javia, I'm board member for greater baltimore temple.

S

Okay, perfect, so, with this project, um the owner, slash developer, is proposing an addition onto.

S

The existing sanctuary that exists on site the plan is before the planning zone commission.

S

For consideration of a concept site plan, which means no action is required. However, the planning.

S

Commission may consider delegating approval on the final site plan to the planning commission, chair.

S

So this property, this project, is located at 2909 bloom road in finksburg and to give you.

S

An idea as to where exactly that is this is baltimore boulevard 140. This is gamber road.

S

And this is bloom road, so it wraps around here- and this is within election district number. Four.

S

So the property itself is roughly five and a half acres and is comprised of 2909 bloom, road and 2935.

S

Bloom road, the property currently hosts a religious establishment sanctuary that spans.

S

From 2909 to 2935, via a walking path that you can see here, the use of the property was previously.

S

Reviewed by the county and two previous site plans, one from 1993, which was for the original.

S

Temple here and one from 2011, which was to include this property into the state plan,.

S

The property lies within the r40 000 zoning district and has existing access onto bloom road.

S

As you can see here, so if I go back a slide, the adjoining properties to the north and the west.

S

Are zone either r40 or conservation and they host residential dwellings, the property to the east.

S

Is zone c2 and hosts a planned business center, which is known as finksburg plaza.

S

And the southern adjoining property is in c2 as well and hosts a funeral home.

S

So the existing building is located in the middle of the site, with a dumpster for the.

S

Property located to the west, an existing monument sign is at the entrance from bloom road, which is.

S

Located around here, the sign is right in front of a storm water management facility. Here there is a.

S

Wooded area that encompasses the eastern portion of the property, as you can see, and there are trees.

S

That reside along the the remaining sides of the property and kind of throughout the site. The site.

S

Currently offers 63 parking spaces located north and east of the building, so right in this area,.

S

And there are no fema 100 year, floodplain designations on site or any streams on site.

S

So the developer proposes to add a 3 340 square foot addition onto the southern.

S

Portion of the existing building, the proposed addition will be used as a means of creating.

S

Additional space for the existing use and will not result in an increase to the sanctuary.

S

Seating or building capacity, the plan does not propose any changes to this existing.

S

Building, with the exception of the connection that will connect it to the proposed edition.

S

And to give you an idea on how it would look, we were provided these renderings.

S

Of the the addition in relation to the existing building- and you can see they are.

S

Looking to essentially follow the same, the same pattern to make it seem seamless.

S

So the concept site plan was initially submitted on january 29th 2021. The plan was subject to.

S

Citizen involvement at the march 22 2021 technical review committee meeting. There were no citizens in.

S

Attendance and no phone calls or letters have been received in reference to the proposed plan.

S

And to give a better idea as to how it looks now, this is the southern southwestern, where the.

S

Where the addition is proposed, you can just see different views of the building.

S

And this is a couple other areas on site, so this is part of that forest conservation.

S

Area this is the existing monument sign, the storm water management facility and the main.

S

Entrance off of bloon road onto the property, so this plan is exempt from the code requirements.

S

Of floodplain management approval was granted by the carroll county health department and the.

S

Department of public works bureau of utilities. The concept plan has received concept, approval.

S

From water resources, review, landscape and grading review, forest conservation was addressed within a.

S

Previous site plan, by way of an on-site force, conservation, easement engineering, review and.

S

State highway administration have both approved the plan with existing access and site compliance.

S

Has stated that the plan complies with the requirements of maryland accessibility code.

S

The bureau of resource management has granted final storm water management.

S

Exemption, the proposed limit of disturbance for the project is less than 5 000 square.

S

Feet, which means the exemption is in accordance with carroll county public law, section 151, 016 c.

S

In accordance with the state development plan, memorandum from the department of planning.

S

The proposed land use is consistent with the 2013 finksburg corridor plan. Land use, designation.

S

Of low residential, low density, residential excuse me and finally, the final site plan will be tested.

S

And reviewed for adequacy of public facilities in accordance with chapter 155.

S

And I'll I'll, just mention again uh that this is a concept plan. No action is required. However, if.

S

You feel the need you can certainly designate the approval of the final plan to the chair.

S

And with that, that is the end of my report. If you have any questions, I'm sure.

S

Myself or the engineer or the owner would be happy to.

O

C

Thank you, david. Does the uh engineer or applicant have anything else they'd like to.

A

Add no we're just here to answer any comments and move this forward to final. Thank you.

D

This is jeff while there's this seems very straightforward um to me so.

D

And I don't know david in this case: do we need to.

D

Make a motion for the chair to have the authority to approve the final.

S

So generally, the plan will automatically come back before the full commission, but.

S

Obviously, if you guys feel the need that you don't need to see it again,.

S

Then you, I guess you would need a motion for that. um I believe that's how it's been done in the past.

D

All right: well, I make a motion that the plan.

D

uh That the chair had the authority to approve the final site plan.

H

I would second that.

A

Are we just going to do a voice vote yeah, I'm not going to do a roll call, because this is a.

B

Easy motion to approve, so um that's it all in favor all right.

A

Know what no other comments at this time? Anybody else have any other comments for a concept plan.

A

Yeah, it looks pretty straightforward, so that was easy. Thank you. Thank you. Thank you.

U

We greatly appreciate, thank you very much and you all have a nice day. Thank you.

A

With that I'll move on to item number 13.

A

Which is the final site plan for s20012? The union bridge solar.

S

Okay, so this one, I'm hoping everybody will find um kind of familiar. I think this was.

S

Before the planning commission in march, if I'm not mistaken um but again, david b craft bureau of.

S

Development review: this is the final site plan for union bridge solar file, number s-20-0012.

S

With me are a bunch of people, I'm gonna try to go through and then hopefully at the end, if I miss.

S

Anybody they can certainly chime in, but I see brian morrissey melissa hall and dane bauer, who.

S

Are all representing owner slash developer? As the engineer I see daphne matthews and mark chrisman.

S

Who are with dmw and for the town and union bridge? I see ned cumin and john maguire.

S

If there's anybody, I missed, please chime in and let us know.

S

Okay, perfect: first, try that's pretty good, um so for those who may not be familiar or.

S

May not remember this is proposing a ground mounted photovoltaic facility.

S

And this is before the planning and zoning commission as a final site plan.

S

So we're looking for consideration and approval, so this is located right on the outskirts and.

S

Actually part of it being within the town of union bridge, so the town's municipal limits are shown.

S

As this pink line here and the site itself is on the west and east side of green valley, road, which.

S

Is maryland route 75 and south of white street, and this is within election district number 12.

S

So the property as a whole is comprised of 195 acres and the property is split.

S

Between frederick county carroll, county and the town of union bridge, the property consists of.

S

Agricultural field, with a farmhouse and various out buildings located near the county line, so.

S

This is where all those buildings- this is where the county line lies, and this greenish shading.

S

Is the fema floodplain designation, the property is split by green valley, road. So again here's a.

S

East side of green valley, river they're, looking to put some.

S

Here and then on the west side um for the portion over here, there is a stream which.

S

Is sam's creek on the property which runs along the boundary between carroll and frederick county.

S

All property road frontage lies within state, highway, administration right of way and while a.

S

Portion of the property lies outside of the town of union bridge. It is within the union, bridges.

S

Priority funding area and growth area, the portion of property that does not lie within the town of.

S

Union bridge has zoned light industrial, which is I-1 heavy industrial, which is I-2 and conservation.

S

The south border of the property is defined by the carroll county, frederick county line properties to.

S

The north reside within the town of union bridge and adjoining to the east is the lehigh quarry. So.

S

The developer proposes the installation of a ground mounted photovoltaic facility within a.

S

Roughly 41 and a half acre subject area, so the proposed facility will cover roughly 33 acres.

S

Of the 68.3 acre parcel or portion and the unincorporated part of carroll county, and it will.

S

Cover roughly eight and a half acres of the 26 and a half acre portion in the town of union bridge.

S

So, within the unincorporated portion of the subject area, uh all of those solar panels lie.

S

Strictly within the industrial zoning, there are no solar panels proposed on the portion.

S

Of property and the conservation zoning district, the facility is split by green valley, road and.

S

Will be connected via an underground electric duct in accordance with code, the solar energy.

S

Conversion facility is a permitted use in the industrial zoning district access to the.

S

Site will occur from a proposed connection from white street, which is located up here.

S

And that will be reviewed with the town and union bridge.

S

Another access point will be from the existing access to the farmhouse from green valley, road.

S

And that has been reviewed by state highway administration and they're, also proposing.

S

Another access point onto the portion east of the site, which is shown here.

S

So all access points will lead to a gated entry to the solar facility, which is surrounded by a.

S

Six foot high chain link fence, except along green valley, road, where the fence will be eight foot.

S

High and that was for glare medication purposes, a 40 foot wide 45 foot wide landscape buffer is.

S

Proposed outside the fence on both sides of green valley, road landscaping is also proposed along.

S

The inside perimeter of the fence that is not abutting, the roadway so on august, 25th, 2020 and.

S

Initial state development plan package was submitted to development review.

S

And distributed to review agencies estate plan was subject to citizen involvement at the september 28.

S

2020 technical review committee meeting there were no citizens in attendance at the meeting.

S

Mr cumin, with the town of union bridge, he is the town planning consultant, attended the meeting.

S

And has participated on half of the on behalf of the town during the review process.

S

After the meeting, an email was received from a citizen who was requesting a copy of the plans.

S

But did not pose any opposition. The concept site plan for the subject property was reviewed by the.

S

County planning zoning commission on march 16 2021 at that meeting the owner.

S

And developer were requesting approval for modifications to setback distances.

S

Applicable to certain areas of the site per the county code, all setbacks are to be a hundred feet.

S

However, per code, um the developer requested various setbacks which were 50 foot, 62 foot.

S

73 foot and 75 foot with supplemental landscaping and as a reminder I'll go through where those were.

S

So, on the west side of green valley, road, they were proposing a 75-foot setback.

S

Along the roadway, instead of the 100 foot required and on the east side along green.

S

Valley, road, they were requesting a 73 foot setback and along the other property lines.

S

On the east side of green valley, road, they were proposing the 50 and the 62-foot setbacks.

S

After discussion during the meeting it was determined the commission did not have any issues.

S

With the setbacks, modifications that were being requested, no citizens spoke during the meeting.

S

But an email was received after the meeting and was just requesting an update to the project.

S

Afterwards, the concept site plan for the property was reviewed by the town.

S

Planning zoning commission on march 18 2021 after a brief discussion, it was determined.

S

The commission for the town did not have any issues with the concept plan and granted approval.

S

So as another reminder as to how the saint looks I'll just oh I'm sorry, this is.

S

The supplemental landscaping that's shown on site. This was an exhibit provided by the engineer.

S

So how the site looks now you can see it is used primarily for ag for the majority of the site.

S

And looking around the site, you do see the existing building and residential dwellings.

S

And this is the existing access point.

S

And this is the access point from white street which has been reviewed by the town.

S

And this is roughly the access point on the east side that state highway has approved.

S

So the bureau of resource management has granted final stormwater management approval.

S

Stormwater management will be addressed with level spreaders to discharge points at the.

S

Perimeter of the site, forest conservation has granted an exemption. The plan is exempt from.

S

The manual requirements of landscaping, but the developer is proposing landscaping in.

S

Conjunction with a setback modification, the plan has received approval from floodplain management.

S

And water resource management, with easements being required around the existing stream.

S

And state highway administration and engineering review have granted final approval.

S

So, pursuant to chapter 155 staff recommends approval of the site.

S

Plan, subject to the following conditions: uh number one that the developer enters into.

S

A public works agreement with carroll county that guarantees completion of the improvements.

S

Number two: that a storm water management, easement and maintenance agreement be granted.

S

To the county commissioners of carroll county for the portion outside of the town of union bridge.

S

As an easement of access to the county commissioners or authorized representatives.

S

And that is to be recorded simultaneously with the public works agreement.

S

Number: three: that a storm water management conservation area easement be granted to.

S

The county commissioners of carroll county simultaneously with the public works agreement.

S

Number: four: that a forested water resource protection ease may be granted to the county.

S

Commissioners, uh simultaneously with a public works agreement, number five, that a flood plain.

S

Easement being granted to the county commissioner, simultaneously with the public works agreement.

S

Number: six: that a landscape maintenance agreement be recorded simultaneously.

S

With the public works agreement and finally, number seven that any changes to this plan.

S

Require an amended site development plan to be approved by the county.

S

Planning is there a commission, and that is all I had for the report for this.

A

Thank you. Would anybody from the applicant like to make any additional comments at this time.

V

Hi, this is uh brian morrissey from uh citizens. Energy representing uh the owner of.

V

Ub, solar, uh no, no, additional comments, david. Thank you for.

V

Going through the the detail there um and just uh are here to answer any questions that the.

V

Commission may have so. Thank you. Thank you all for your consideration on this.

A

Thank you so yeah. We did recently see this. I don't know if anybody.

A

Has any additional comments? We went through this pretty in depth last time.

D

This is uh jeff wellers. I just have a clarification. I wanted to get.

D

I know in the letter that we were provided from the town of union bridge.

D

It specifically asked that the special landscape buffer exhibit prepared and.

D

Submitted be incorporated with the final plan set, and I know we talked about that as well. Last time.

D

And I can't really tell I'm looking at the site plan- and I know pages five through nine of it.

D

um Deal with landscaping, but is the is what was a separate, exhibit now part of the final site plan.

S

So that is correct um on the one slide here.

S

Let me go back, that was the exhibit that the town was provided and, as you mentioned, that was.

S

A separate exhibit outside of the plant set, and it has since been incorporated into the plant set and.

S

If you give me a sec, um it looks like it's on sheet number 11., okay,.

D

Excellent, I see it. Okay, I've got it. Thank you.

D

Well, I'm happy to make a motion, but I know I guess so.

D

I don't know if there's anybody linda, can you tell if there any callers on the line anybody.

D

Or cynthia, I don't know if you have some crystal ball to look in and see if anyone has any comments.

A

It doesn't look like there's any callers on the line. It looks like.

A

All others on the that aren't us are with this plan.

D

All right, I know, there's opportunity for more comment, even after a motion in a second so.

D

I'll just go ahead and make a motion pursuant to chapter 155, that we approve the uh final site plan.

D

uh Subject to the seven conditions that's listed in the staff report, I will set it.

A

All right, so we have a motion by mr welders with the second one is kirshner for approval of the.

A

Site development plan pursuant to chapter 155, with the seven conditions outlined in the staff report.

B

Mr canale, yes, ms cookney, yes, mr grass, now yes, mr waters, yes and mr lester, yes,.

B

Please let the record reflect that fiber in favor and the motion here.

A

Thank you. Thank you. Everybody and good luck. Great! Thank you. We appreciate it.

A

So um the next on our agenda is a recess, but I think we could skip that at this time. I could just.

A

We'll move on then to item number 15, which is our comprehensive rezoning.

A

um Discussion of the residential tests.

B

So good morning I have with me today brenda denny, who is going to be going over with you.

B

um Actually, the last bit of information that we do have to share with you that will be new to you for.

B

The residential text and hoping that at our next meeting, we can uh finish up whatever we.

B

Didn't get to and have our public comment period um begin june, 1 through june 30th. So with that.

B

I'm going to go ahead and pass it over to brennan to go over with you. um Her presentation for today.

Q

Good morning, everyone can you see the stage summary on the screen.

N

Yes, yes, thank you all right. I know you are oppressed for time, but I think we can get.

W

Through this pretty quickly, we have um changes to administration enforcement.

W

To review today and then the specific uses for temporary and seasonal uses.

W

So in the we'll start with administration and enforcement- and we have essentially two.

W

Types of changes we have some revisions to the exceptions and modifications which are essentially.

W

Simplifications and clarifications of what's in there and then we have changes to the process.

W

uh Related to uh variances, and so you start with the modifications which you see here on page 32.,.

W

um So you'll see on b there that really, what we're doing here is just adding.

W

Additions to um the subject to these exceptions and modifications, not just the initial building.

W

Itself, so if we move down um no we're under the lot area modifications so uh the next.

W

Clarification was to we kind of simplified this section and um just said anything: that's.

W

Was created before this is essentially before zoning was created, um wouldn't have minimal.

W

Lotteries and then everything that was under number two, there was moved down to section c.

W

Which is setback modification because it seemed like it was more applicable to that section.

W

So then the only other thing is three here was uh revised to again clarify that it applies to both.

W

Building a new building as well as in addition and then simplify it.

W

So under separate modification, this is the information number two here that was moved.

W

From above so, the information is the same, except for c. We shortened to simplify, but it's still 10.

W

Feet and d is new, and this is a clarification again to have this applicable to additions.

W

As well as new buildings, and essentially what it says is that you can't build an addition.

W

The addition cannot go, you know, wherever the line of the addition is cannot go beyond the.

W

Line of the existing house, if it's already outside of the existing setback, appointment.

W

And on number three we've just again kind of clarified by making this.

W

Structures matches buildings and saying this refers to setbacks.

W

Then we go down into projections into the yards and number one was eliminated, which was carports.

W

And porches and then clarified in number two, which is number one to be applicable to the setback area.

W

So that's essentially the only changes that were made under exception modifications.

W

And then we come down to application limits. So um let me start off by saying if, if you recall.

W

Way back when we were talking about definitions, we added the definition of administrative adjustment.

W

We didn't have one and we clarified the definition for variance to make that specific to bga. So.

W

In the maryland landis article, we have the ability to do variance or administrative adjustment and.

W

Our code in multiple places, as you can see here, says variance for administrative adjustment, which.

W

You know is, it could be a little confusing so to try to simplify, clarify and streamline the process.

W

We've made a administrative adjustment applicable to the action that the zoning administrator takes.

W

And variances are um the applicable to action that the bza would take. So what we have first is.

W

The list of bulk requirements that the zoning administrator can make a decision on when it.

W

Comes to so so for the zoning administrator, it's going to be an administrative adjustment.

W

If somebody applies for an adjustment that is um beyond what is allowed.

W

Then this is the list of items that he can make a decision on and right now, this whole list. It.

W

Looks new, but it's just moved from below here. The difference is that we've removed the 75 percent.

W

Or 80 or the various different percentages and just made it a 100 percent and then.

W

Number two, I think, is just moved.

W

And then some of this was moved to other sections. You can see here and it's already been covered.

W

So then, when we get down to the process, um the way the process works now is- and I have days on.

W

As well to you can correct me for anything I say: that's not correct, um but essentially the way the.

W

Process works now is somebody would apply for, and you know, a change to what the code says is allowed.

W

No go to the zoning administrator. He'd have to hold a public hearing and then make a decision so.

W

Everything requires a public hearing, so what we're doing with this process and the changes that we'll.

W

Review here is simplifying it, streamlining it for both simplifying it for the public, as well as for.

W

The applicant and staff and making it easier more predictable in terms of um all those percentages.

W

Above that makes it more predictable. It's just 100, so what happens now with this process would be.

W

That the applicant would apply for the adjustment the zoning administrator can.

W

Would um post the property and send a notice out to adjoining property owners? Then anybody.

W

Neighboring would have two weeks to say that they would like to a public hearing to be held.

W

And if somebody requests a public hearing within that two weeks, a public journal will be scheduled.

W

If nobody requests a public hearing, then the zoning administrator can just go ahead and approve.

W

Or make a decision, I should say on that adjustment and then the decision itself.

W

The adjoining property owners would have 30 days to appeal to the busie.

W

So it doesn't have to go to the bza unless they appeal that decision, then.

W

um There are other things if it goes beyond 100 change um or if it is an appeal to the bga.

W

Then again they would hold a public hearing. So what we're doing is we're eliminating a lot of.

W

You know not having to do a public hearing for every single thing, that's requested only if the.

W

Joining property owners want the public hearing and then they can also appeal the the decision.

W

So, essentially, that's what all of these changes that you see in this section are doing. It's.

W

Still providing for posting of the property um joining property, energy is still being.

W

Notified and still being the chance to request a public hearing, it's just we're not holding the.

W

Public hearing, unless it, unless there's some reason why somebody wants a public hearing.

A

Can you can you what is an adjoining property owner? What what is our definite.

A

Just people who are adjacent or in the area I'm going to let jay answer that question.

W

A

J you're, muted.

U

Okay, sorry about that, my mouse wasn't working properly.

U

Could you ask the question again, so I just have it clear in my head: what is what exactly is the.

A

Adjoining property owner, what does that mean? um The joining property owner is any property.

U

That touches the property of the applicant's property. So that's any a joiner or adjacent.

U

Person who is actually touching his property and the people directly across the street from.

U

They're all the ones who would get a letter um which is required now um they're, the ones who.

U

Would get the letter notifying them of the hearing? um Anybody who is nearby or is not touching the.

U

Property, they would not get a letter per se, but we will be posting the property with the sign.

U

So if anybody in the area wants to know what's going on that, that will be there to notify them.

A

Thank you so jay this is jeff waters and just I don't remember exactly what the.

D

Text said, but are only adjoining property owners allowed to request the hearing.

D

Or can anybody drive by see the posted notice and say I want to request the hearing.

U

Oh, it's not specifically spelled out that way, but I would say somebody who.

U

Is in the area and they want to have a hearing, they could request a hearing.

U

I have seen no problem with that. um It's like say it's not specifically spelled out uh that way, but.

U

I mean if they have a concern or something that needs to be addressed. That's the time to address.

U

It and what about appeal rights say: there's no hearing requested ju. You know you make a.

D

Ruling as a as the zoning administrator and then somebody who's, not an adjoining property owner.

D

Feels aggrieved: are they able to do? They have standing to appeal it to the bca, or only those.

D

That are contiguous to the property or across the street. Anybody in the county can request an appeal.

U

Of any of my decisions whatsoever, whether they're, through a public hearing or not,.

U

They can request a uh hearing before the board is earning appeals to report appeal. That decision.

D

And you said anybody in the county can do that. Yes, anybody wow, that's broad standing! Okay,.

U

I mean if theoretically and I've never had this happen, but if we have a hearing in linebar.

U

Scheduled and someone from mount airy decides they want to appeal that decision. Welcome to.

J

Okay, good well, people certainly aren't excluded by that process. That's for sure, thank you.

U

That's definitely one thing we wanted to do with this process is to make sure we don't.

U

Exclude anybody and give everybody the chance to voice their opinion if they want to, I mean.

U

If they have new concerns, you know we don't need to have the hearing, but if someone has a concern.

U

They want to have a hearing, we'll schedule it and we'll have it and then we'll make a decision.

D

Very good, thank you.

W

So that the rest of this particular section under appeals was just moved to the bza section.

W

So the changes on the bza section are actually minimal.

W

So that this is just changed to update, because it's now our book, it's the latest.

W

Article not 66b, and then a correction was made in a reference to the chapter.

W

This again, this was moved from another section, so that's existing requirement.

W

And that's it for the administrative administration and enforcement changes.

W

So, and that the corresponding changes related to.

W

The reference to administrative adjustments and variances would also be made in chapter 155.

W

Then, under specific uses, if you recall, when we were.

W

Back in that section of the zoning code, we have the temporary and seasonal uses.

W

The requirements for temporary season uses were split out from the actual list of temporary and.

W

Seasonal uses so the requirements we already covered previously in section 158.048 and.

W

um Here, we've list moved this uses to the specific uses section that now will be existing.

W

So a good bit of this is not new. It's just moved here, but one thing there's a few things that are.

W

Different under a schools and churches were added just as a clarification that um it applies to.

W

Things you know like from strawberry festivals or whatever they would be, inviting the public.

W

Into um under b this, the 90 days um portion, I'd, say from this- this section here is all new.

W

And that is just to clarify that each one of these individual uses would be separate season and would.

W

Be allowed for a period of 90 days, but you would need a separate zoning certificate for each one.

W

But you could do christmas trees for 90 days and you could do it for 90 days.

W

And then down here, the 30 days was added as a time frame for temporary shelter or.

W

For commercial displays, sales and services set under temporary uses.

W

And then the next thing that's new is under dumpsters. We have a section one through three here.

W

Are new and we've had a lot of? um I guess this has been an issue with dumpsters and self-contained.

W

Storage, portable storage containers, so what we've added is the ability to use a dumpster or self.

W

Storage container, in conjunction with a time period that coincided with a valid residential.

W

Permit instruction permit, so it would be there during that time. um You can also do a.

W

Soft squares container for up to three months, if it's like associated with a move and then.

W

um We've had people who've been wanting to use portable storage containers as a shed, we're saying.

W

That's a fine, but it has to be completely within the rear yard. It's not really a temporary use.

W

But because it falls under dumpsters and itself contains storage, that's why it's in this section.

W

And then the last thing that's different here is j, isn't really new. It was moved from another section.

W

158.047, but there was just some additional language that was added to it, to clarify that.

W

You know for disasters and um that sort of thing.

W

You can do temporary activities and structures that are associated within this limit.

W

That that is it, that is all that we had left to cover with you that we hadn't already covered.

W

There any other questions on this section. If not, then.

W

I think we're done until next meeting right, linda.

B

And then the next thing we can do a summary wrap-up of everything covered. So that way.

B

You have an idea of um what the the changes are in their entirety, just as a quick summary.

B

I'll make sure that we prepare something for you.

W

And I believe that mary had a couple issues that she wanted to circle back.

W

Onto ask one clarifying question about this section before we.

K

Before we do- and I know we're all we're all bumping up on time-.

K

As as it pertains to um rv vehicles that somebody may be using on a semi-permanent.

K

Basis, I've seen this happen a couple of times in our community, where an rv is.

K

Brought in and maybe you know, a rebounding um child may live in there for a period of time.

K

um How do we deal with that in in this code we talked about tiny houses, we've talked about.

K

A number of different things I mean, I, I don't see that being a problem have y'all seen it be.

K

A problem, or is this something that is addressed here? Is it addressed elsewhere? Where do I look to.

K

um For a solution to those kind of situations uh we do have that in the code.

U

Under specific use, there's one thing it does say about.

U

Parking mobile homes and we consider a recreational vehicle in the same category.

U

We do have problems with that. Quite often. Actually it's not allowed in the county. You can use a an rv.

U

Course or recreational vehicle.

U

For up to 30 days as somebody's visiting, if your friends are visiting from you know, colorado.

U

uh They can, you know, park their rv at your house and they can live in it for up to 30 days.

U

Otherwise, if it's going to be any longer than that, they have to be in a bonafide campground to use it.

U

You can store them on your property as long as they're licensed, but in no way you know someone.

U

Can't be, you know, temporary living in them or anything like that, they're not to be used.

U

For living purposes, so if your son comes home from college and wants to move into the.

U

That's that's not allowed. If we get a complaint, we'll go out and tell them they have to move out.

D

One this is jeff, I have just a question I brought this up before, which are these.

D

Self-Contained portable storage containers used as a shed, which are considered a permanent structure.

D

And they have to be located holy within the rear yard. I don't know if we've had.

D

Issues with that I can just imagine, I live in a neighborhood and my neighbor drops in a maersk.

D

Sea container in his backyard and says yep, I'm good and uh it's wholly within my backyard and.

D

It's gonna be here forever as a neighbor. I can see having a problem with that. You know maybe.

D

And they're, not all like that. I mean I'm using kind of an extreme example to make a point, but.

D

Under the code, that's, as I read it, it seems like that's perfectly fine and uh the neighbors.

D

Just have to live with it is that right, or am I reading that wrong with the new proposed code.

U

As it stated there in that section, yes, that could be allowed. We do currently have issues with people.

U

Buying self-contained devices, because actually you can buy one for less than a thousand dollars.

U

And using them as sheds and that's a lot cheaper than going to lowe's or home depot.

U

And buying one of their sheds, so we do have. We have a real problem with people doing that.

U

This is a way to address it, I mean it's more and more I mean people are like. I say.

U

They're, just it's just so easy to get them and buy them and purchase them, and they.

U

Hold up so much better than a wood or a plastic shed that people are falling in love with them and.

U

It is an issue apparently and right now, if you use it as a shed, we tell you you got to.

U

Get rid of it, but you can use it for a temporary period to store stuff in, but that's it currently.

U

But under this code they can use it permanently yeah and with the new code here they could use one.

U

um As as a shed in their backyard one thing, um perhaps I would like to see- and I was going.

U

To bring this up at our net next discussion, um I'd like to see the size of the self-contained.

U

Portable device limited because you can get them from anywhere from 20 feet, long to 53 feet long.

U

So personally, I think they should be limited to a 20 foot maximum length.

U

Which is basically the size of a shed that you can buy, it lose.

D

Yeah, no, I think it's a longer discussion, um because a lot of things make good sheds and.

D

I certainly get the practicality of it, but you know there are retired tractor trailer.

D

Trailers- and they make great sheds too, um but in certain circumstances, they're- probably hideous. I.

D

You know, maybe what we could do is talk about if there are specific landscaping requirements or.

D

Something that could be, I don't want to make it too onerous. I mean I get that practically they.

D

Can be really useful and they're um and they're not overly expensive. So I'm not discounting that.

D

But again, looking we're always balancing property rights, and uh you know it's sort of like my.

D

Neighbor wants to have a nuclear waste facility that might be a problem. That's again, an extreme.

D

Example, but somebody dumping one of these sheds on their backyard in their backyard and it's 53 feet.

D

Long and it just came over on a on a vessel, it just seems to me there ought to be. There ought to.

D

Be some way for the neighbors to have a voice in that or there are just limitations on or special.

D

Requirements on landscaping or whatever not for today, but I just want to just wanted to raise.

D

That, because um well, like I say, they're easily accessible to buy nowadays, because most shippers.

U

Once they get shipped to their destination, they don't care about them. They stack them and store.

U

Them somewhere, it's more cost effective for them to abandon it and ship it back to them.

U

And use it again, so that's that's why a lot of them for sale and you can get them fairly, cheap.

D

Understood. Thank you.

Q

Thank you. Everybody.

A

um It does look like we have a caller on the line. I guess I'll take um caller, I'm not sure.

A

If you want to make a public comment at this time about the residential text, if so just.

X

Yeah, uh this is wayne schuster from eldersburg. um You know, member of the fdca. um I don't have any.

X

Comments at all today, I just want to identify myself on the call. Okay, thank you wayne sure.

X

You bad thing well, madam chair, if you'll permit I'll make a motion that we adjourn, this is jeff.

A

Thank you and with that our next meeting is in a week and a half two weeks.

A

Wednesday night june, 2nd and I'll see you all there. Thank you. Thank you. Thank you.

E