Carroll County, MD Carroll County Planning and Zoning Commission, 16 Aug 2022

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From YouTube: Planning and Zoning Commission of Carroll County Meeting August 16, 2022

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

A

Order good morning, everyone welcome to our august 16th version of the planning zoning commission of.

A

Carroll county, um we will begin by as we always do, establishing a quorum mr waters, I'm here thank.

A

You ms kirkner here mr lester here mr hoff, mr kane here, mr smith, here mr klosick, commissioner,.

B

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

B

Are present and we do have a quorum. Thank you. Let's, please stand for the pledge of allegiance.

A

Pledge allegiance to the flag of the united states of america and to the.

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

A

The next item is re review and approval of the agenda. Do you have any changes to the agenda.

A

That was submitted to us. No, there are no changes to the agenda. Jared would be happy to entertain a.

A

Motion that we approve the agenda as submitted, I move. We approve the agenda a second all in favor.

A

Aye aye aye sounds unanimous to me, sounds like it's approved and then we have review.

A

And approval of the minutes from july 19th 2022. does anyone have any edits to offer.

A

Yeah, otherwise, I'm happy to entertain a motion that they be approved. I make a commission that.

C

You the july 19th minutes just a second. I hear a second all right, all in favor, aye, aye.

D

Sounds unanimous and signed and signed down the line done very efficient this morning.

A

Model of efficiency all right moving to item six commission member reports, um I don't have anything.

A

To report we don't have an ex officio with us today. Any other members have anything to report.

A

Then we'll move on to item seven, which is the administrative report. Madam secretary hi, good.

E

Morning, everyone, we do have a long agenda this morning and I don't really have a lot to report.

E

On for administrative issues for today, um so there are no extensions either so with that I'll have.

E

Abigail rodgers give you an update on bza cases for this month good morning good morning. So two.

F

Bca cases were heard in july case 6400 james welsh was for a contractor's equipment, storage yard.

F

With distance variances at 1340 deer park, road westminster, that's in the agriculture.

F

Zone district 2. the board, approved the use case. 6202 joseph gould was for a country inn at 5601.

F

Ridge, road mount airy in the agriculture zone of district 4.. The board also approved the use.

F

Two bca cases are being heard in august case. 6409, bat farm is for a country inn at 1733.

F

Whedon farm drive westminster in the agriculture and conservation zones of district 2. planning.

F

Found the use consistent. The case will be heard on august 30th case 6404 mulligan recovery center is.

F

For the expansion of a rehabilitation center from 8 beds to 10 beds, along with distance variances.

F

The property is located at 829 franklin avenue in westminster in the r-1000 zone in district.

F

3. planning found the use consistent. The case will be heard on august 31st.

A

Thank you very much. Thank you abigail and again, just as a reminder and not to have.

E

A big discussion about this, but also will be the stavalos property, will be heard on.

E

August 31st as well, um which is an appeal of the planning commission's decision from its.

E

June meeting, um so I just wanted to remind you of that, and we can talk more later.

E

If you'd like to have an agenda item to talk about that particular work session item- okay, thank you.

E

And that's all I have that's all you have we're flying through this agenda, so yeah well, for now,.

A

It's great, it's gonna, get harder, yeah, all right, we'll move on to item eight.

A

Which is special report? That's case number s, 21 0019 westminster solar.

G

Good morning,.

H

Good morning everybody good morning good morning, let me get our powerpoint pulled up.

H

Okay, all right, I am kirsten eger of carroll county's development review.

H

uh We have for you today, two projects of mine, the first of which is the westminster solar.

H

S210019, this is a special report. It's a special report of a site plan that is.

H

Currently in process, you will see this again in the standard site plan process.

H

We're just before you today with a special report with a request from the developer. According to.

H

Our code, which we will get to as we go through the report, if you guys, could introduce yourselves as.

H

Well, we'll get started with the report. Absolutely thank you very much kelly shaffer miller, 73.

B

East main street westminster maryland 21157, I'm here this morning on behalf of the developer.

B

And we thank you for this morning's presentation. Good morning, good morning, kate, larkin 2003 western.

I

Avenue suite 225 seattle, washington 98121. I am the developer of the solar energy project. Thank you.

I

For having us today did you fly in from seattle, washington to be here today I did wow well. We also.

B

I I should also add that we have mr nick lefner from kimberlyhorn, whose group was prepared with.

B

Or was tasked with preparing the the actual site plan for this so he's here as well good morning.

H

Thank you to all three of you for being here this morning. Okay, so westminster solar, like I.

H

Said it's a sight plane we're here for a special report, we'll talk about where the site's located.

H

And what the request is, this is located just north of the city of westminster, just to the.

H

East of the carroll county airport you'll see the airport right over. Here we are outside.

H

Of city limits, this is in the county, zoning district. It's an industrial light zoning. I won.

H

Here's a site closer up, it's on the east side of route 97 and just to the north of old bachmann's.

H

Valley road, which is very close again to the airport, just to the east of that area,.

H

What's being proposed here is a solar fan panel facility, a ground mounted solar panel facility.

H

This is, this: is an industrial zone, property.

H

So it's called the zoning code for solar energy, generating systems and industrial zones.

H

I've included that text in the report as well.

H

What we're talking about today, in particular, is section d3, which is setbacks.

H

Setbacks for this site are one standard set of setbacks and there's a provision in the code.

H

That allows for the developer to request for up to 50 percent reduction of that standard setback.

H

With consideration of the planning commission and with the supplementation.

H

Of landscaping to help buffer the site- and that is what we are here for today-.

H

The developer has requested that setback to the maximum 50.

H

I'll read through this zoning text here for those who are not looking at the reports like we are so.

H

Setback shall be 200 feet from the boundaries of all adjoining residentially, zoned properties.

H

And 100 feet from the boundary lines of adjoining non-residentially, zoned properties.

H

I'm going to back up a little bit because we do have.

H

Properties above zoning types in this area, I wish I had a zoomed in view.

H

If you look closely at the papers, you might have still you'll see to the east, there's a.

H

Residentially zoned property, it's residentially, zoned at the property line, is residentially zoned.

H

In full, the standard set back there would be 200 feet and to the south we have a property.

H

That's partially industrial zone and partially residentially zoned. It's important to note.

H

That, for the full extent, that the property lines are shared for these two properties.

H

They are both industrially zoned. That is what the zoning office bases this consideration off of so.

H

If it's industrially zoned for the property share, property lines is considered industrially. Zoned.

H

For the setback requirements same would apply for the, and we can't see it on this map because it's.

H

Within the city, but all the properties to the west of the site are industrially. Zoned within the city.

H

Of westminster as well so that same industrial non-residential, zoning district would apply there.

H

So what they're requesting is the setbacks.

H

From those properties to be modified down to 50 percent per section 3b, which is the planning.

H

Commission may reduce required setback for any yard setback by up to 50 percent.

H

Provided that supplemental landscaping, as may be determined by the planning commission.

H

Is provided so that's what we're looking at today again, this is a site plan under review.

H

We'll have all the time we'd like when we get to the concept review, to look at the actual site plan.

H

It's a solar panel site plan. So really, I think the buffers here, the landscaping and the setbacks is.

H

A bigger situation than the panels themselves might be. So that's what we'll talk about today.

H

So again, we're reducing it by or the proposed they are proposing to reduce it by the total 50.

H

From the property lines, one exception is going to be to the west you'll see that the setback.

H

Looks like it's greater than that, 50 percent would have been that's industrially. Zoned.

H

Again within the city off of 97, however, 97 in the future is planned to be expanded. It's planned to.

H

Be widened like it was further up north on 97., so this plan from the beginning has been designed to.

H

Accommodate for that um we're moving through the review process, the state highway administrations.

H

And strike strong review with this here as well, making sure they're getting what they need.

H

In the future, you're going to see the property line be adjusted a little bit to accommodate.

H

That but it's important to note that, regardless of whether the property line is where it is a day or.

H

In the future, when the state highway gets their dedication, the property line gets adjusted. It.

H

Still is going to be within that 50 reduction, so even if the property line is adjusted.

H

In the future to accommodate the state highway expansion they're still going to meet the.

H

If the 50 reduction is approved, they would still meet that setback requirement.

H

So that's why you see it set back so far from there, even though it's industrially.

H

Zoned on that side, so regarding the request itself and the landscaping is being proposed.

H

In conjunction with that, we'll go back to the last page here in a minute.

H

The developer is proposing, what's called class c screening. This is a demonstration of what class c.

H

Screening looks like you can see it's very dense. In fact, it's the highest density of planting.

H

Units when you can look at all the screening types in the landscape manual, the county has.

H

It's the highest density and that's at their own choice there again. This is a request that.

H

They're, making a proposal that they're putting forth based on some information that we have in.

H

Our manual so they chose the classy screening, which is shown around the majority of the site.

H

And we'll go back to that page now, it's very hard to see in the screen- and I apologize for that, but.

H

You can see here again this is the southwest side close to the intersection of old background valley,.

H

Road and 97. the entrance to this development site is going to be off of old dockman valley road in.

H

That area, and then just to the west of that is the connection poles to the utilities. Those two areas.

H

Are the only areas where there is not landscape proposed? Of course, you can't drive through bushes.

H

And the power lines need to be clear, so those are the only areas where there's not this landscape.

H

Buffer shown, otherwise, it wraps around the entire site, just on the outside of the fence.

H

Mainly fence around the facility and the landscape buffer will be on the outside.

H

Of that so you'll see bushes, not not chain link, it goes all the way around the perimeter.

H

And this area here, which is adjacent to the residentially zoned property.

H

They're proposing the fence to be close to the solar panel, still the landscaping to be further.

H

Out against the property lines in a forest conservation, easement area to be between the.

H

Two areas: okay, so forest conservation and the beginning at least won't serve the same purposes.

H

As a landscape buffer, because of course, the trees are very small but they'll grow up one day and.

H

You'll have trees there between the landscaping and the um the chain link and then the landscaping.

H

Wraps around the southeastern side here there are two areas on the plan currently that are showing.

H

A combined area of existing vegetation and some additional landscaping. I wanted to note too.

H

And kate, maybe when you're in town, you can take a look and see some of that's been cut back so.

H

Some of that's not going to meet those objectives. Moving forward here, we'll review that in final to.

H

Make sure that all the areas proposed to keep vegetation still has vegetation there to keep.

H

If not, it will just probably be the same as that class c. That's shown around the rest of the site.

H

And then it perhaps all the way back around to where the driveway is.

H

So that is what's being proposed here for the reduction again, the standard setbacks.

H

Have in the code are allowed to be reduced up to 50 percent based.

H

On the planning commission, reviewing it and the landscape being proposed.

H

uh The concept plan will be before you again when we get to that point, hopefully very soon,.

H

But we just wanted a developer, wanted to get this special report before you to get a consideration.

H

Regarding this proposal for the setback reductions, obviously, if it's not approved it can impact the.

H

Site, so we need to know that to move forward with the site plan review. So if you guys want to add.

H

Anything here or if the planning commission had any questions, if there's anything you'd like to.

A

Add we'd be happy to hear good morning. Thank you. I will just add a few things we appreciate like I.

B

Said being here for this special report, it was at our request that development review allowed.

B

Us to come for this special report for exactly what kirsten just stated, which is, we believe, are.

B

About a month to two months before appearing for you for a concept review, and it's very.

B

Crucial to the developer that they get a handle on what area of the site can be used before we.

B

Proceed forward, very specifically, they are in the timeline now of ordering the actual equipment. If.

B

You will, and so this has a great bearing on the site. I appreciate kirsten's staff report on this.

B

This is, as you all are aware, solar is a permitted use in the industrial district and the solar code.

B

Specifically allows the planning commission to grant a reduction in the setbacks so like kirsten.

B

Has pointed out, I will use right and left so that I don't get myself confused to the right of the.

B

Site is the only adjoiner who is residentially zoned. So in consideration of that there has been.

B

The forest conservation easement, which is an additional buffer there, as well as as kirsten.

B

Pointed out in her staff report, this more dense and increased landscaping than otherwise would be.

B

Required under the code, we do believe that there will be limited view of this from any of the.

B

Adjoining properties, by virtue of the landscape and the fencing, that's going to be provided route.

B

97 just to clarify, there's a 30 foot wide strip there that will be dedicated to sha.

B

And then there's an additional 50-foot strip that will be reserved in or undeveloped. If you will so.

B

That, in the event, sha needs that, as part of the widening of 97, that is anticipated and shown on.

B

The plane, which is why you can um you, can see that greater area there to the left side of the site.

B

This is a very limited intensity use, as you would imagine, especially for an industrially zoned.

B

Properly property, the the full use of the site, if you will other than the panels themselves, is very.

B

Limited maintenance, so this is not like a traffic generator, any other there's really the only the.

B

Only thing that's being buffered from the site is visual view of the panels. There's no other noise.

B

Or dust or odors, or anything that's generated as by virtue of the solar panels, so we are here to.

B

Answer any specific questions: we did actually also prepare kind of a view shed to show you.

B

The impact of the landscaping on the ground and how that will buffer the site. So, if you're.

B

Interested in seeing that we, we brought some copies that we can hand out to everyone as well.

B

And, like I said uh kate, I would like her to just very briefly explain to you. This is a.

B

Community solar project- and I don't know about you- but I this is kind of new to me from that.

B

Standpoint so I appreciated her brief synopsis of that, but other than that we are we're here.

B

For any questions that you might have well, maybe, while she's providing that, I think we'd be happy.

A

To see the handouts yeah, you want to provide this before cake gets started. I will note in our code.

H

There's a new section for solar panels so specifically called community solar systems and ag.

H

Zoning districts, something like that community solar in our code is different than the community.

H

Of solar, kate is going to talk about here, community of solar and our code is usually.

H

Utilized in a way that it's describing the community of solar generating systems in.

H

The agricultural zoning district- it is what it is in the code, it's a mouthful, so we shortened.

H

Solar, this is an industrial zone property. This is an industrial solar, generating.

H

Facility that goes back into the community, so I just want to make that clarification.

I

Thank you, so this project will participate in maryland's community.

I

Solar energy generating systems pilot program, it's a seven year pilot program.

I

That will allow several hundred megawatts of community solar projects to be located.

I

Within baltimore gas and electrics utility territory and as a result.

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Hundreds of individual residential, non-profit business, small commercial et cetera subscribers.

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Can subscribe to the project to receive the power on paper allocated to their electric bills,.

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And in return they receive approximately a 10 discount off of their electricity.

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Bills for subscribing to the solar project, so basically community solar is designed to allow.

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For greater access to solar energy benefits that folks may not have otherwise been able to access.

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Because perhaps they're a renter or their roof cannot structurally support solar or it's shaded.

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Because of trees, whatever the reason is, if you don't want to put solar on your house or you can't.

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You can then subscribe to these projects that are now located throughout bg e territory and.

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Receive those economic and environmental benefits of solar in your local community.

I

This particular project is 1.5 megawatts, alternating current. That basically means about.

I

200 to 500 individual subscribers will be able to receive the energy from it very good. Thank you.

A

We appreciate your presentation- I appreciate you being here and it's nice to have.

A

These special reports, because it gives us a chance on the very front, end.

A

To hear and understand, what's going on and be a part of the conversation- and we appreciate also.

A

Your efforts to be good neighbors. That means a lot in our community. So thank you for all that.

A

The others might have questions. I just have one quick comment.

A

It's the only slight criticism I might have here is when you look at the footprint overhead.

A

We have good landscaping all the way around it, which um is great where the gate is you're. Coming.

A

Up the road and you're almost looking diagonally up through the entire project, you know if the gate.

A

Were somewhere else where you just drive by it, but instead as you're coming up um widows, town pike.

A

You're, almost looking straight up through the entire project, which gives you.

A

The greatest view of the panels, despite all of the very nice landscaping I raised that since we're at.

A

The very beginning of this, just as a consideration in terms of whether the the ga, if the gate were.

A

Moved just a little further even to the right. I think you wouldn't be seeing it quite so much.

A

As you're driving up littlestown pike, um so it's just just an observation. I don't know how anybody.

A

Else on the commission feels about that, but um but I very much appreciate the the landscaping.

A

And it sounds like well I'll leave it I'll, leave it there and ask jonas. Did you any comment.

C

Now I do say I did have somebody knock on my door about the community project.

C

And actually thought it was a scam. So I'm glad to hear that I did take his information, though.

D

Very good pete, you have any questions yeah I would when it comes to landscaping like this.

J

Around properties of this nature, I would like to see some berming done to where it doesn't look.

J

Like it's a fortification of of trees, you know but there's some undulation uh from a topography.

J

Standpoint and also those berms give that those immature plantings that you put out initially.

J

It gives it a little bit of height, initially it just kind of helps. But again that's that's.

J

Not something I feel strongly about, but it's a you know, a guy with a bobcat. You know you.

J

You know in an afternoon could could remedy that for us um and again I don't feel that strongly.

J

About it, but it's it's just a preference I have in terms of visualization there, michael uh just.

K

A couple of things I thought that was, I thought it was um interesting. The name westminster solar.

K

I didn't think it was a scam, but I thought it was very coincidental and I did some research on your.

L

Company, I thought it was pretty cool anyway, um and you checked off some some of my uh questions.

K

During your presentation, um a couple others, though, the fence boundary. How far is that, within the.

K

The newly uh proposed boundaries, or is that right along you, know the setback, the new setback. Do you.

H

Mean a long route 97! Well, the isn't there a chain link fence around the the entire area, not the new.

H

Boundaries but off of the existing again off the property lines right well, I certainly can't read.

H

It from that, drawing on this one, I'm gonna, let I'm gonna let our technical expert uh speak to that.

M

Right on the north side, it's set back about 30 feet off the property line. So there's the 15 foot.

M

Landscape buffer all the way around the site on the north side, there's actually another stormwater.

M

Management facility behind the landscape, buffer between the landscape, buffer and the fence line.

M

The west side of the site, the same thing, there's a 15-foot landscape buffer.

M

Storm water management facility and then the fence, so I think the fence is set back about.

M

120 feet off the center line of the sound pipe okay on old bachmann's. It's set back.

M

The 30 feet off the center lines. There's the land there's just the landscape.

M

Old bachmanns there's no stormwater facility there, so the fences set back, probably about 20 feet.

M

Off the middle of the road, okay um and then the residential's own property, it's set back. I think.

M

Around 80, 80 or 90 feet off that property line because there's a 15-foot landscape buffer.

M

And then about 70 feet, the forest conservation area before the fence line.

K

Okay, so I'm clear, my concern mostly, is about the residential property.

K

um You know because that 100 foot reduction is pretty significant. I think um so. If say it's it's.

K

A 100 foot um you know separation is that fence line within closer to the residence, so it would be.

K

About 20 feet, okay, so the panels themselves are at least 100 feet from right. The residential property.

I

So yeah, my my concern is the resonance I think a hundred foot um less with the fence.

K

Is is a concern and I'll leave it at that? um The and what's the height of the actual panels that.

K

Would be in the footprint, so they'll be no taller than nine feet and these are fixed tilt panels. So.

I

They will not move throughout the day, which is something that you might be familiar with.

I

From other solar facilities, so these will not track the sun, they will be stationary. Okay, okay,.

K

K

I think that was my only there was one other, but it just went away. So um they were my my.

K

Concerns- and I thought uh that was interesting, thank you and you didn't the other concern.

K

Not current concern, but question was just to learn about this because I think we're going to see more.

K

Absolutely proposals about solar because it is uh 20 22., um the the uh you answered, the.

K

Questions about how many uh providers or were you know, users of this would be and oh I know it was.

K

Is there a storage, an energy storage unit from the solar generated power, a battery? I don't know.

K

Right, a generator there will be no storage battery associated with this project, so this.

I

Will just purely generate the power it generates when it generates and put it onto the grid. Oh cool.

L

Okay- and I would like to note briefly um because you mentioned the neighbors- I have actually.

H

Spoken with both the neighbor to the east and the neighbor to the south, both had a lot of questions.

H

Similar to what we've discussed here and, what's already in my report, um just questions about.

H

How to read the plan and what's actually being proposed here, how far away things are going to be.

H

um The only concern that remained after talking with those neighbors was, on the south side, a.

H

Neighbor to the south side, um there was apparently what's called johnson grass, which I learned a.

H

Little bit about yesterday, when I was on the phone johnson grass is invasive and it's a problem for.

H

Farmers- and it spreads a lot so there was johnson grass over there. One point in time I think, might.

H

Be some contributing factor as to why the brush might have been removed. So when we go through our.

H

Final review, it's something we're gonna, keep an eye out for um again we're gonna be looking at the.

H

Landscape buffer along that side, because a lot of it was already removed. What was proposed to remain.

H

So the question will be: can all of it remain? That's there now or does it all have to go away so.

H

That was one of the remaining things from the discussions I had with some citizens: okay and.

B

Quick response to one of mr cain's questions as well. um You raised the concern of just the.

B

Vastness, if you will of the setbacks requested- and we appreciate that we are requesting the 50.

B

Maximum reduction in setbacks, but just to that point I did want to point out that in.

B

The industrial district principal permitted uses, which there are as you're aware several.

B

Very intense principle permitted uses vehicle repair vehicle service, those sorts of uses.

B

These setbacks that they are required to meet our 10 foot, front yard, 10, foot, side, yard and 15.

B

Foot rear yard, so this is actually even with the requested and I'm I could be mischaracterizing in.

B

The sense that there could be additional distance requirements that they would need to request variances from, but those are the bulk requirements. I should say of the i1 district.

B

And so I'm I would just you know, point out to you that, as it goes even with the maximum.

B

A reduction here we're still at a great setback for such a low, intense use where there really is.

B

No, um like I said that really the only impact here is potentially visual, and hopefully this.

B

View shed exhibit will also ease some of your concerns there, because this really does.

B

Show how well this dense landscaping that the developer has proposed here will buffer.

B

The actual visual component of this site, I think that's the positive. It's it's low intensity. Okay,.

A

Stephen did johnny no everybody's, pretty much answered all the questions that or.

L

Asked all the questions that I was thinking, that's the benefit of going last. Yes, yes,.

A

It is: are there any members of the public that have any comments they'd like to make.

A

On this project, you would step to the microphone, give your name and address. Please.

N

uh John trock 191 bachmann valley road in westminster, I own the industrial.

N

Land across batman valley, road, it kind of seems to be glazed over, but.

N

It's a working farm with the residents there and I'd just like to see that treated the same as.

N

The rest of the residential areas around it because we never requested to be zoned.

N

Industrial, the farm has been there before carroll county was even formed same family 147 years.

N

We're putting up with a lot being there, everything encroaching on us and I just like to see it.

N

At least the same consideration as a residential, because that's basically what it is right now.

N

Other than being farmed.

N

And the buffers that are there now on the old batman valley, road, mostly.

N

Briars and a few scrub trees, and I would hope they would just come out of there.

N

And do landscaping the whole way around. You know I'd just like to see a little bit more.

N

Of it and the setback not be so maybe you know not not cut in half, because just because it's.

N

Industrial, I mean it's like you say it's not an industrial park there, it's a farm with a residence.

N

So that's it just want to let you know what's over there and um it's not just industrial land.

N

At home, appreciate your comments, thank you. Does anyone else have any comments they'd like to make.

A

Sure same deal, if you state your name and address at the microphone mark, whalen.

O

2710 deer park road- um I'm here actually today to learn a little bit about solar. We are potentially.

O

In an area that's going to be facing this very same issue in an agricultural zone.

O

And so I'm here to educate myself to learn about the process to learn about these systems. A little.

O

Bit- and it sounds like the things that are being voiced are exactly what my community.

O

And neighbors are concerned about that's primarily the aesthetics right. The aesthetics are a big deal.

O

So I would just ask that the commissioners and the board that review this just you know the.

O

Plan views, the two-dimensional views are great, but carroll county's got a lot of rolling hills.

O

And topography- and you can see these things when you're driving down the road, your your property, is.

O

Joining it, you happen to be up uphill or downhill, and these things might have a nice.

O

Buffer landscape that looks pretty on paper, but when you stand back after the landscaping's there.

O

Due to the topography, you still can see these and I think it's incumbent upon you guys to ensure.

O

That the residents of these communities really are shielded and don't see these, no one, no one in.

O

These communities moved out here with the intent that we wanted to live next to a solar farm right.

O

So we, I would just ask for that- that consideration and thorough evaluation of the site plan not just.

O

The two-dimensional view of it, but the three-dimensional, the topography and and.

O

Just ensure that that screening is is is thorough enough, whether it's berms, you know that you got to.

O

Raise the grade uh to be able to shield it so, but I think the aesthetics is going to be the.

O

Big thing you know, I'm not anti-solar, you know. Obviously it's it's a viable energy option, but.

O

It needs it needs to be protective of the surrounding properties, commercially.

O

Residentially anybody driving through so thank you. Thank you.

A

So that's the other benefit of having this as a special report, because you get you.

A

Get to have comments early on, while you're still putting things together um and we've dealt with.

A

Some of the issues that that gentleman was just raising um with uh with quarries and other things.

A

Where the landscaping is an issue and and we have the topography so if those could be taken.

A

Into consideration as well, um I think that would when we get to the next phase of this.

A

The concept the more those are preemptively addressed, I think, the easier the path is to.

A

Do the good things that that you want to do anybody who follows this.

A

Knows that my comments, I I put my bias out there. I think they're ugly, I've said.

A

That from the very beginning and when you're driving through beautiful agricultural areas of.

A

Our county, which has a proud and long and strong history of agriculture, you come over a beautiful.

A

Rise and you look at a vista of of solar panels, I don't particularly care for that. So anything that.

A

They can do to um to deal with that in advance. Keep keep our uh beautiful countryside looking.

A

Pretty and what we think of as agricultural while, at the same time, understanding that.

A

This is a low intensity. There are a lot of really good reasons to have it.

A

Not against solar, I think we've shown that by a lot of the things we've done here as a commission.

A

But we are really sensitive to to the aesthetics, and so um that's something that we will be looking.

A

Very closely at when you bring the concept plan, so any of the things that you can take from today.

A

And take a look at the topography: are we coming over hills and having a vista, that's going to.

A

Include this or it's pretty flat around there, I don't, I don't recall exactly, but those would.

A

Be things that will certainly be part of the conversation um as we go as we go forward.

A

But you've got a lot of good things here and I think you've heard comments and questions that.

A

Can help help guide your thinking anything you want to add in light of any of the questions or.

A

Comments that you've seen today you've come a long way, and I want to make sure you have a chance to.

A

Tell us everything that that that you want us to take into consideration this week and that you can.

A

Take back with you as well, just that we appreciate today's appearance. We respect everyone's comments.

B

This is slightly different than some of the agricultural properties which you might be.

B

Discussing later today, as part of the text, amendment discussion in the sense that this.

B

Is industrial and right along route 97.? I I do think and if you have any specific questions about.

B

The view shed exhibit, please feel free to ask those. But again I just I do think that this was.

B

This really depicts nicely the buffer that the the increase to landscaping.

B

And I say increase because it's additional landscaping, that's not per se, required in.

B

The code will provide for this site, so I would ask you to take all of those things into consideration.

B

And mr weathers, we will take a look. I know. One of the comments you made initially was the access.

B

Point- and we can certainly take a look at that and be prepared to offer any additional comments.

B

On that, when we reappear for concept plan, but today we would ask that you approve these setback.

B

Modifications that are requested so that we have the guidance and in taking into consideration all.

B

Of the factors that you heard here today and all the additional steps that that have been offered.

B

To you, this is also. I kate did not elaborate too much on this, but I will say in working with her.

B

This company specifically, is very geared towards the natural element. If you will and maintaining a.

B

Pollinator species with the existence of the solar panels, so this is perhaps also just.

B

Slightly more of a unique solar development than you otherwise see in the county, and I will.

B

Leave that as as it is, but I think that this will be a a good example.

B

Of responsible solar development in our county and appreciate all that, and I don't view the request.

A

For the setback reduction as mutually exclusive, with the comments that we've heard today about.

A

Firms and and maybe changing the where the gate is and and other things that can be done to address.

A

Those concerns, so you know, I think, even with the setback request. If the commission grants it.

A

Those things can still be considered as you bring the concept plan forward.

A

So unless there any other questions, if the commission's inclined to someone makes a motion.

A

That the setbacks be reduced by 50 as requested. um That would be great anyone inclined to do that.

C

Sure I make a notion that we approve a setback by 50 for westminster, solar.

C

Located on the east side of maryland, 97 north side of old bachmann valley, road westminster, 21157.

A

There's a motion: is there a second.

A

A second okay, so we have a motion and we have a second to um reduce the setbacks.

A

By 50, as permitted by the code, um you think a roll call or a voicemail I'll do a roll call.

E

Though, if that's okay with you, certainly miss kirkner? Yes, mr lester, yes, mr kane, yes, mr smith,.

L

Yes, mr chair, please let the record reflect that foreign favor and the motion carries.

A

Thank you very much. Thank you very much for coming in. We look forward to seeing you shortly.

B

For a concept very soon, yes, yeah we'll see you again soon. Thank you. Thank.

A

You you know jeff just as an aside, because this is coming up again later. The solar thing.

J

I, like you, I was reading about this industry over the weekend. They're expecting 4 trillion.

J

A year invested in this industry we're going to see a ton more of this and I think we need to.

J

Get our grip around what how our county feels about, because the visual thing is important.

J

Absolutely and because we're going to our land's relatively cheap compared to howard, county.

J

That's why they're here and so we we need to, I think, either we need to kind of hold the gun.

J

On the buffer- and we did it for a reason because we can't seem arbitrary, um I'm really you know I.

J

And- and I want solar- I mean I I want to be- I want to be one of those people.

J

But again we like our agrarian, we're spending 4 million a year to preserve the character of our.

J

County through farm preservation, so it is something we can definitely discuss in the.

J

Future, but um it's not on the agenda to have this discussion now so just to keep with you.

J

Since it's coming up again right, I just you know we're going to talk about later. I just.

J

Kind of want to say that this is there's going to be more of this, because I'm sure for trolling.

E

Careful to talk about things that are not you know a gender related example. Thank you and one thing.

A

Just for the work session, maybe we can add that as a topic and remind us of where we stand absolutely.

H

All right we're going to talk about the herd, property, assisted living.

H

Yeah, this is item nine right s: nineteen, zero, zero, three zero. Again, I'm kirsten a girl again with.

H

Development review: uh we have a few people here with us today, in association with this project.

H

I'll, let you introduce yourselves please thanks so good morning, clark, schaefer, 73, east main.

P

Street here on behalf of the stephen hurd, I have stephen hurd here with me today, dr stephen hurd.

P

And I have jeff zigler from clsi we're looking forward to the report.

P

And to answering any questions you might have good morning good morning.

H

All right that being said, so this project is actually a site plan. This is actually a concept.

H

Site plan, but it might look familiar to some of you because it was before you previously for.

H

Determination of density for the assisted living facility- that was a number of I think, actually.

H

Years ago, at this point uh february of 2020., so it was a few years ago. It feels like five years ago.

H

It was before you recently for determination of density for assisted living. We are on the eastern.

H

Side of hawksville road, south side of saint paul road here to the northeast side of the county.

H

You can see right down here, zoom in okay, so this is the site highlighted in orange. There.

H

um What's being proposed here is an assisted living facility. Again, like I mentioned, it's.

H

Already been before the planning commission for determination of density february, 2020.

H

The total acreage of the property is about 18.25 acres. It's actually a remaining portion.

H

The property line showed on here and the shown on the printouts that you received in the mail.

H

Are a little bit funny we're working on fixing those in the system so you're going to see a.

H

Bunch of little lines inside of what is the one whole property. Please note that.

H

What's shown on this, drawing here in orange is the actual property. It is not broken up.

H

In those little bits like that, it's a remaining portion of the subdivision to the southwest here.

H

Which occurred a few years ago and has also since then been recorded.

H

Before we get too far from that point there on this subdivision flat, the remaining portion has.

H

An access easement to use a use in common driveway that was created in association.

H

With that subdivision, is that buckman, I think that's road. It's pronounced, okay,.

K

Buckman drive, so it's a private driveway um that serves the subdivision here. The.

H

Remaining portion also has an easement to utilize. It that's been recorded, there's a.

H

Deed that states who's responsible for what kind of maintenance obligations.

H

I note that, because the access, despite what the property lines show, is not to saint paul's road.

H

As you can see from this, drawing is a stream that cuts right through that, so the access agreement.

H

Was set up when the subdivision happened, that this property would be able to utilize buckingham drive.

H

Moving on from that again, this is a concept site plan.

H

For an assisted living facility.

H

The property is zone, agricultural everything out here is ag and also utilizing wells and.

H

Septic systems, I will note to this property to the north and this property to the south.

H

Which are in agricultural preservation agreements just for.

H

You know what the what the landscape looks like, so these are both an ag agreement here.

H

And the site plan is for an assisted living facility, we'll go through the history, a little.

H

Bit because, just like, with all sorts of living facilities, there's a little bit of a process to.

H

Get to before the developer even gets to this point. um This one started back in 2019 where.

H

A plan was submitted to the county for review, proposing an 80 bed assisted living facility here.

H

That project as an assisted living facility goes through a process based on the zoning code.

H

To first come to the planning commission for determination of density and site layout before.

H

It goes to the board of zoning appeals as a conditional use. So that's what happened here.

H

The plans came in 2019 in february of 2020 planning. Commission took a look at the plans.

H

And approved the density, the exterior layout as it was presented there, the minutes were attached to.

H

This plant packet as well and then after that, the border zoning appeals, reviewed and approved the.

H

Plan or reviewed and approved the proposed use, I should say in december, of 2020 as well.

H

That brings us to where we are now, which is concept, site plan review.

H

And I hope your screens are a little darker than mine. We might need to fix that because it seems.

H

To be a consistent issue, that's hard to see what's shown here is again the driveway here to the west.

H

Comes to an ellipse shaped internal drive with a grass area in the center and five.

H

Residential buildings surrounding it there are, I believe, 16 beds, per building total of 80.

H

Beds for the entire development 80 beds was the number that was approved for the density when.

H

This was reviewed by the planning commission in 2020. Nothing has changed about that through.

H

The review process, in fact the layout, is very very similar to what was proposed back then.

H

As far as other physical features on the site go again, the driveway comes in from the west.

H

There is just where the driveway meets the internal loop drive. There is a sign, a directional.

H

Sign that tells you which direction to go for each building or which units would unit. And if we go.

H

Back to here, there will also be a sign posted at the end of the driveway, where it meets the public.

H

Road to identify that the site is down the road as well. I believe we might have details of those.

H

Okay, so those are the signs that are being proposed right now. There's no.

H

Indication that there's any lighting for them- I don't believe lighting- is proposed.

H

Now or will be proposed, these are wooden signs.

H

If that is four by seven four by seven foot in size and then four by six for the directional here.

H

And then the only other physical features on the site. Besides, that would be lamp posts around the.

H

Ring 12 foot tall residential style, lamp post there is a dumpster that you can make out right.

H

Here on the center island, if you would and there's also a gazebo in that location as well, island.

H

Sidewalks go through the center island, as well as from the parking areas to each of the buildings.

H

Parking areas, so the minimum requirement for parking for this site worked out to be 30 stalls.

H

63 parking spaces are shown on the plan, which is in excess of what's the minimum requirement.

H

So it certainly satisfies the requirement for parking here.

H

Including parking for accessible parking spaces.

H

Going into the reviews.

H

We'll start with the parking spaces, since that's what we're talking about.

H

Now the accessible parking spaces, in particular there's minor issues, need to be worked out for.

H

Making sure that everything on the site can be accessed with accessibility, making sure that the.

H

Ramps into the doorways are adequate and the rams gazebos adequate that when you get out of.

H

A vehicle parked in an accessible spot. You can go right to a sidewalk. Currently, I believe it looks.

H

Like it goes out into the drive aisle and then to the sidewalk, so there's little things like.

H

That, when this comes back, you'll see that those have been addressed when we come back for final.

H

I will also note that the water here water and sewer is private.

H

Systems the site currently shows you'll, see quite a few of these big boxes shown.

H

On the drawing those are septic systems and reserve areas as well, one for each building.

H

This forward, the buildings themselves also will each have their own well. Currently, I believe only.

H

Two are shown, but that will be addressed as this moves forward through the review process as well.

H

As this moves forward,.

H

Also regarding well and septic, I'm not sure if we have the totals yet for the.

H

Total usage, but the health department notes that if annual water usage is to exceed 5.

H

000 gallons per day, the applicant needs to process a groundwater appropriation permit.

H

And then work with the planning office to add the site to the water and sewer master plan.

H

As it uses over 5000 gallons per day, I'm not sure if we have the total figures for that. Yet.

H

That's something that will be worked out as this moves forward with the health department again.

H

Fire protection has approved the plan as it is I'd like to note that buckman drive over here. So this.

H

The subdivision is not constructed, yet there is one house on that was most recently built. This is.

H

Off of the public road, this is where the houston common driveway will be. The car here is parked.

H

On what will eventually become that paved use in common driveway so that houston, common driveway.

H

Was originally intended to be, I believe, 12 feet wide to accommodate the residential subdivision.

H

Now that there's being proposed a commercial site in the back, essentially it'll, be widened.

H

To ensure that emergency services can easily get back to the commercial site, so you'll see that.

H

Will differ than what might have been seen on the subdivision plan back when that was reviewed, so.

H

It's widening to, I believe, 18 feet and one point and then 20 feet as it approaches the actual.

H

Facility so it'll be 20 feet wide by the time you get to this location here. Additionally, the.

H

Buildings will be sprinklered as well. New construction we'll have sprinklers in them.

H

Regarding the driveway as well, the.

H

Engineering review office is still requiring some additional information.

H

As part of the review, so you might see some minor changes to the driveway as that moves.

H

Forward, in particular the point where the driveway meets the internal circle drive.

H

Unlike the radius turn there, instead of making kind of a sharp turn into it, it might be more of a.

H

Gradual turn into it, so you might see that changes as before. Again this is all stuff. That's still.

H

Under review, this has been in the work since 2019, so it's been a lot to get to this point.

H

And there will be more to get to the end here.

H

Something that did recently receive concept review approval is storm. Water management.

H

So the site has worked out how the storm water is going to be handled.

H

There are hard to see on here, but there are micro, buyer retention ponds near each of the buildings.

H

So they'll have, I believe, seven seven micro, buyer retention ponds.

H

Around the site, in addition to an area of grading down here, which is a little bit down the hill.

H

Leading towards the stream that will handle the quantity of water that comes through it.

H

The grating will absorb that there, so stormwater has granted concept approval.

H

Hopefully, we won't see too many changes to the stormwater, at least as this moves forward.

H

Gardening, sidewalk and plantings review planning reviewed this and noted that the sidewalk.

H

Connects the parking spaces to the buildings, but it doesn't connect the buildings to the.

H

Buildings something that planning had put in for consideration and had requests to be shown on the.

H

Plans is a sidewalk that connects the buildings to each other, as opposed to connecting one building.

H

To the parking spaces in front of it, so that was a recommendation from the planning office.

H

Forest conservation and landscaping- I don't know if I have a good way to show you the forest.

H

Conservation short of here, in this view, so this area here again, this is a actual property line.

H

That connects to the public road, but it's not being utilized for access what's being proposed.

H

Here, because of the stream is forest conservation planting, so there's going to be approximately an.

H

Acre 0.99 acres of forest conservation easement on both sides of that stream there. So this view.

H

At least on this property will be buffered from the saint paul's road there, and the stream will.

H

Be protected by the plantings there. There will also be an additional about one and a half acres.

H

Of forest conservation, banking done off site to satisfy the requirements for forest conservation.

H

As far as landscaping goes, landscaping was approved as well as you can see on this.

H

Drawing there's quite quite a bit of landscaping around the external sides of the site, screening.

H

Or buffering, if you would and it's a mix of shrubs and trees along the perimeter.

H

Allowing for access to the facilities that still need to be able to be accessed.

H

As well, so that's why you'll see some gaps here and around the internal of.

H

The site there's a lot of trees along the drive, shrubs screening, the dumpster area.

H

And I believe some planting beds as well so there'll be a lot of landscaping on the site.

H

Within view of the residents, as you would as well as perimeter, screening around the site as well.

H

So that brings us to where we are today in the review process. Again, this is just a concept.

H

Review you've already seen it for to approve the density border. Zoning appeals has already.

H

Approved the use now it's in the site plan review process- we're here for you today, just.

H

Take a look at it as a concept review and we'll be before you again for final approval. Once we.

H

Get to that point, as you heard, there's a few things that still do need to be worked out.

H

On this project, so if there's any questions or comments that you had or the public had.

H

Love to hear them you're good, thank you. You all have anything you'd like to add. um Yes, uh thank.

P

You, mr chairman, uh this is a an interesting uh concept for developing the ag zone. It's one.

P

That uh uh I haven't seen uh maybe that they're out there and that is uh take the ag zone and.

P

Take some individual lots and then put an assisted living facility on the remainder. I think we're.

P

All familiar with the fact that these assisted living facilities provide a a quite needed outlet.

P

For citizens of carroll, county and elsewhere, as you've also heard, this has been through.

P

A quite extensive to date, review process and most if, if not everything has been worked, worked out.

P

um Obviously, we we need to connect a few more dots before we get final sight, plane approval.

P

I'd also like to point out that uh um this project is being um uh done by stephen hurd.

P

Who grew up in that area and now is a practicing physician in the york area, but this is uh this.

P

Is his home territory and, furthermore, that this is his and his his family's concept.

P

Of the development this is not. This is not a third party uh operator. That's coming in to buy a piece.

P

Of ground and put in a large assisted living he and his family, the current plan is that he and.

P

His family will own and operate this. His two sons will be the on site people that will operate this.

P

Assisted living facility, um we appreciate your concern, your your consideration of the matter.

P

And uh we would ask that you consider after you've.

P

Talked about it, motioning that the chair has the authority to.

P

Sign the final site plan, given that the essence of the development is, is fixed.

P

The location, the architecturals, the driveway I'd like to have one more thing: that driveway.

P

Is also unique because of the fact that it is serving an assisted living. In addition to the.

P

Residential and it has been carefully considered carefully, worked out, there's an elaborate.

P

Declaration of maintenance obligations that has already been put on record reviewed by the county.

P

That makes clear to everybody involved, including the five lot owners or six lot owners in the.

P

Front that this is a shared drive that will be used in conjunction with this assisted living.

P

Facility and their special accommodations for that in terms of maintenance, upkeep and repair.

P

uh Of that um I'd also like to know final. A final note is that we.

P

Agree with planting's comment on the uh on the sidewalk and that will be incorporated uh into the.

P

Into the final plan, thank you. Thank you. um It looks nice we have. We are familiar, certainly with.

A

This whole process, um the uh I have just a couple comments. One is, um you know, parking is always an.

A

Interesting issue because, on the one hand, we want to make sure we have enough, on the other.

A

Hand we don't want to have an impervious surface, that's bigger than it needs to be, and in this case.

A

We have 30 parking spaces that are required. We have 63 actually on the on the plan, so we end up.

A

With a lot of impervious surface, maybe twice as much at least as we're as is required.

A

Why is that really and is there? Is there something that could be done to.

A

Reduce that or would that, in your view, reduce the.

A

How the properties used and and so forth,.

Q

um Jeff zigler, we can certainly reduce the number uh we didn't want to go down to the bare minimum.

Q

Because we felt that 30 parking spaces for all those attendees at this facility.

Q

Might be cutting us a little short on it.

Q

But understanding everyone's comments: we can eliminate some of the spaces.

Q

While we're providing more connectivity with pedestrians, sidewalks and stuff like that, so again,.

Q

I don't know what the magic number is sure, but you know in order to accommodate one regulation.

Q

We can lessen some of the others. It gives you something to work with. I think by one connectivity.

A

And look there's just because the code says 30 is required, doesn't make that the magic number.

A

We totally understand that um and you wanted to be convenient, not have people out there.

A

You know putting lounge chairs in their parking spaces to try to, and we always and we always.

P

You know you you, I can tell you're familiar, you know. We've always got this over under issue and.

P

Often, when we come in here with the the thirty, uh the question comes up. Well, what about thanksgiving.

P

Right, you know when everybody's family comes out there. What are you gonna? Have them parked down.

P

On hacksville road, it's like so yeah uh we get it and- and I but one key thing- I'd like to know.

P

From our perspective is uh that we have achieved concept, uh approval for stormwater management.

P

Which means we have met the regs to support that impervious surface.

P

Does not detract from your point, which is we don't need it.

P

Why do we have it so yeah? No, and I appreciate that and the one final thing I'll just ask before.

A

I turn it over is, um I know, there's been some comments from the from members of the community.

A

About water runoff- and things like that, so it does relate to the impervious surface issue.

A

um Could could you looking at the plans and looking at how the property is sloped and so forth?.

A

Could you take just a moment and address or explain how you've addressed.

A

uh Water runoff issues um so that, to the extent folks from the community are concerned about.

A

That you explain what you've done to address that and why, if they shouldn't be concerned,.

A

Why shouldn't they be concerned I'll turn that over to jeff zigler? Thank you sure. So,.

Q

Each one of the five facilities has an individual water quality or microbio facility.

Q

That all the roof drains from the rooftop will tie into the micro bio facility for water quality.

Q

There are two micro bio facilities internally inside of that arched.

Q

Loop driveway that everything drains into so those two microbio facilities take care.

Q

Of the parking lot and the sidewalk that runs internally inside there, all of those systems.

Q

Microbio facilities for water quality are tied into a storm drain system that goes back to the.

Q

Quantity management system- that's down uh south of everything or I'm sorry um to the northeast of.

Q

Everything but it's, but it's downgrade um that facility itself will handle the water quantity.

Q

Management for this entire site and then of course everything gets discharged and it goes down.

Q

um Into the forestry easement and down into that stream that cuts through that 60 foot wide strip.

C

Yes, so I do know a little something about assisted living because we have some in the family. um I.

C

Kind of disagree with you about the 58. I think that it's probably a good number simply because.

C

Thanksgiving christmas special times when you do something a lot of family comes and.

C

My experience in carroll county is family comes a lot anyway. There's always somebody coming to visit.

C

So I think it's adequate and not so many assisted living residents have cars. I mean you may have.

C

One or two throughout the whole facilities, but uh I don't think you'll see that so I think 58's.

C

Definitely a decent number, I wouldn't recommend cutting it back. Sorry and the other question I.

C

Had was, I saw, the septic reserve areas does that incorporate first and second replacement systems.

Q

Yeah! Yes, though, each each facility, each one of the five different facilities, will have its own septic.

Q

Reserve area, which will include the initial system and two replacement systems: okay, all right.

A

By the way, we encourage disagreement on this question so.

A

Your point is well taken: jensen um pete, you want to you, have any comments or questions or anything.

J

You ask a question about septic and- and that's where I was headed, uh the septic in water was.

J

Where's the questions I had and- and I guess if we get over 5 000 gallons we're going to hear.

J

Back from you is that what we're hearing yeah so the water water appropriation permit through.

Q

The state cannot be applied for until they until we receive final plan approval. I see.

Q

So that will be sent off as soon as we can as soon as we get to that stage, got it michael yeah.

K

My only question was about, I guess, the business model, what what are the levels of care that will.

K

Be provided at the facility level, three care which tell me about I'm sorry, steve heard um level 3.

R

Care which is assisted care, but not nursing care. Now the patients can have additional nursing care.

R

Hired or whatever is necessary, but the facility itself doesn't provide that it goes through.

R

The like hospice care, uh whatever might be necessary for skilled nursing care.

R

Okay, thank you, yeah stephen, additional questions. um You know janice does persuade me about. You know.

A

I was raising the concern about the the parking, but I I do take your point. I think that's really.

A

Really important so don't take my comments to say, shave it back to 30 if you can get to 31.

A

That's all right, but I think really on the other end I mean I I take the point, but.

A

If, at the same time, you need to soften a turn or something, and that takes out a.

A

Parking space, it seems parking space, it seems to me you have some to work with.

F

So I think we're I think. Overall, it's good in terms of.

A

Well, why don't we do this? um Are there members of the public that would like to comment on this.

A

Project is anyone here would like to comment on this. Okay looks like none um in terms of.

A

Giving authority to the chair to approve the final plan. I don't know how you all feel about that. We.

A

There's some things: we don't yet know that you still have to work through. It might.

A

I know we don't want to hold up the project and we don't certainly want to unnecessarily increase cost, and time is money and we understand all that.

A

But I'll defer to the commission in terms of whether you'd like to see it again after we get.

A

More details or whether the details that need to be worked out or things that you're not concerned.

A

About I would and at that time, um so we're looking at a concept plan. So this is the concept plan here.

A

Right so we'll still see the final right and then we'll know right the details about our usage, we'll.

A

Know exactly how, after this meeting, the developer will be able to submit the final plan for review.

H

Once the file plan has received all approvals from all agencies, then it will be scheduled.

H

For the planning commission meeting or if you choose to afford the chair, then we'll just call.

H

The chair and set up an one-on-one meeting to show it to them, so that will be the last.

H

The only and the last time this will need to go before the commission or the chair, okay, I I would.

C

Still like to see it yeah, I think I can see which way the tide's turning here, but but but.

C

I'm still gonna, I'm still gonna put my two cents in. If I may certainly okay- and that is this.

P

What you're, seeing here today, I think, and I submit to you- you can take comfort.

P

In the fact that that's what the final sight plane's going to look like the driveway is.

P

Going to be where it is, the entrance point is going to be where it is. The buildings are going.

P

To be where they are, there may be a softening of a curve. There may be a couple spaces removed.

P

But that's what you're going to see on the final for sure we've got concept: storm water management.

P

Approval the, for instance, the the water situation, which uh you know you're rightly interested in.

P

Is a is a health department matter and when you, even if this doesn't it looks like even if.

P

It comes back here for final. We won't have that answer yet because mr ziegler just explained he.

P

Can't even apply for that permit, so whether or not the health department requires you to do something.

P

Water-Wise, it's not going to change uh uh this essential layout of this thing now.

P

uh So that being said, I mean if we have to come back, it might cost us 30 to 60 days, but I get it.

P

If you'd like to see it again, you're going to see it again, do you want to see that.

C

Mr schaefer, I always enjoy your persuasive comments, um but I would like to see it back.

C

In you're, not always persuaded by my persuasive context, we will not.

C

Incur 30 to 60 additional days, okay, we're meeting every month! So if we can, when it's.

A

Ready, if it can get to us right away, we certainly want to see it right away, we'll make sure it's on the agenda as a priority. That sounds good all right um and by the way I.

J

Just want to say, I heard the two cents so so make sure the bill reflects that it'll be marked up.

A

Gentlemen, thank you all. Thank you. Thank you. Thank you very much. Nice presentation.

A

We're going to move on to item 10, which is a recess, and so um why don't we come.

A

Back at about um is five minutes enough, or do we need? Why don't we take them? You think five.

G

Seconds yeah, let's probably okay, let's roll okay, 20 after 10, we'll reconvene. Thank you.

A

Everybody here we will reconvene our our meeting and we'll move on to.

A

Item 11, which is a concept site plan. It's case, number s20-0014 new beginnings lot. One.

S

Morning, good morning morning morning,.

S

Okay, avb craft bureau of development review, as mentioned the next project. We will be talking.

S

About this morning is new beginnings lot. One s-2014 with me is mr limberman, with rtf associates.

S

And what this project is proposing is an 8 700 square foot, storage, building.

S

This project is before the commission as a concept plan. There is no action required, however,.

S

The planning commission may consider delegating approval of the final plan to the planning.

S

Commission chair this property is located at 2325 fisa road in tawny town, which is.

S

Election district number one you can see- this is fisa road. Here. Here's old, tony town, road.

S

And here is maryland route 140. the spaces where you do not see the brown tinge is currently.

S

The city of tawny, town municipality, so you can see the site is fairly close to the municipality line.

S

The site itself is comprised of about 4.8 acres and is identified as lot number one within the.

S

New beginning subdivision, which was recorded back in platte book 46, page 278, the property.

S

Contains an existing residential structure, which is on the north side, seen here and.

S

A five thousand six hundred square foot commercial, slash, industrial building.

S

Which you can see on the south side here and it currently houses a construction company office.

S

There are no streams or fema 100 year, floodplain designations located on.

S

Site you can see there is a stream north of the property right here.

S

And, as you can also see, there is existing access to fees or which is a county maintained road. So.

S

There's an access for the residential building here and then an access for the business here.

S

The subject property is currently zoned industrial light with all and adjoining.

S

Properties being zoned agricultural, the property is surrounded by a mix of farms.

S

And single-use family residential properties, all utilizing private, well and septic system.

S

Property is roughly 2200 feet from the city of tony town corporate limits and is outside both.

S

The priority funding area and the designated growth area so a little bit of background.

S

Because I'm sure there are some new commission members who may not be familiar with this, but.

S

This property was previously presented to the planning zone commission as a special report.

S

Back in january of 2020, this simplified site plan was proposing the addition of a 54 by 54 foot.

S

Concrete pad touchdown lift off area to be used as a helicopter landing pad. Although the presentation.

S

To the planting, zoning commission is not good required for most simplified site plans as that.

S

Was something that we haven't really seen before? We wanted to bring it to the planning commission.

S

As more of an informational kind of thing and to get feedback from the commission on that use,.

S

With that there were no citizens in attendance and there was no phone calls or letters.

S

That were received and referenced to that helicopter use. So now, what's being proposed.

S

Is a 109 by 80 foot, storage building, that's going to be adjacent to the previously approved.

S

Helicopter pad, so you can see the helicopter pad here, and this is where the new building will be.

S

Here, the storage building will be for um essentially the storage of the property owner's.

S

Helicopter there will be a concrete pad that is going to connect the two, as you can see here,.

S

And the plan does not propose any changes to the existing buildings or any other.

S

Existing operations on site- and I'm going to the next slide here. So this is the the elevation.

S

Drawings of what's proposed, the building will have tan metal, siding and a blue metal roof and.

S

When I get to the pictures later, I'll I'll show pretty much exactly what that's going to look like.

S

So this plan is exempt from the code requirements on floodplain management. There are no design.

S

Comments from the carroll county health department, with existing well and septic on site, the content.

S

Plan has received concept, approval from water resource review, forest conservation and soil.

S

Conservation engineering review and state highway administration have both approved the plan with.

S

Existing access and the zoning office has approved the constant plan. Stormwater management has.

S

Granted concept approval, they will be addressed through a combination of grading and submerged.

S

Gravel wetlands and finally, in accordance with the state development plan memorandum from the.

S

Department of planning the proposed land use is consistent with the 2014 carroll county master.

S

Plan land use, designation of industrial blades and so kind of how the property sits. Now you can.

S

See the helicopter pad has been put in and is operational. This space over here is where that.

S

Building is going to go, and so, when looking at this picture, building's going to go right here,.

S

And then this is looking straight down to where the building is going to go and.

S

You can see so this building here and also shown here, is almost exactly the color scheme. That's.

S

Going to be used for this new proposed storage building with the tan sides and then the blue roof.

S

This is a shot at the existing industrial, slash commercial building, and then these.

S

Three shots here are of the existing access and again this access is for the commercial side.

S

This is not the pictures of the residential access point, and so with that um the final.

S

Plan will be tested and reviewed for adequacy of public facilities in accordance with chapter 155.

S

Of code, if you have any questions be happy to answer uh or mr limberman, I don't have any.

A

Questions do you have anything you'd like to add? um Well again, john lemmerman with rtf associates.

D

142 east main street, the property owner couldn't be here because he's working. um This is for his.

D

Personal helicopter, because he does travel a lot for work. He currently up. You know travels to the.

D

Airport at carroll county for that purpose, so this is just more of a convenience factor.

D

Back in when we did the simplified site plan for the helicopter pad, I do know he had some.

D

Conversations with the state police as far as the medevac accessing it you know, and having.

D

Availability to it, I don't know the end result to those conversations or where that stands, but.

D

um To date, we have no, you know, opposition from neighbors or anything. So that's.

D

um The only thing left on the site plan as far as major approvals are concerned,.

D

As just the final construction plans on the stormwater facility.

D

Which will be a gravel uh submerged, gravel wetlands just because of the soil types and.

D

Shallow bedrock up there um and on behalf of the owner myself, I would like to ask the board to.

D

Consider having the chair sign off on this final site plan once all the final site approvals are.

D

Are achieved um mainly just because there's it's really not a high intensity use, so I.

D

Don't think as far as public is concerned right, no, it seems very straightforward. You.

A

Know it seems like a reasonable use of a person's own land, so I really don't have any questions. Anybody have any questions. No, I um think every helicopter should have its own spot.

H

But seriously on a real note, the it it's better for the wear and tear.

C

Of something a plain helicopter to be housed in some place, so I don't see any issue with it.

A

Given my recent experience with the airports, I'd like to have my own helicopter too,.

A

Any members of the public have any comment on this particular project.

A

Seeing none um and uh on on this kind of a project do: does the commission have to.

A

Vote to authorize the chair to execute, or is that already am I authorized okay.

A

So would someone like to make a motion that I'm authorized to execute on the final plan.

J

I move we accept the plan and authorize the chair to approve it when it's final.

A

Second, okay, so we have a motion in a second that the commission is delegating approval. The final.

A

Site plan to the planning commission chair any further discussion. It's just all in favor.

A

All right that sounds unanimous to me. Thank you. Thank you very much. Good luck! Thank you. Thank you.

A

We're on to item 12.: um this is a preliminary subdivision plan. This is case number p20-0071.

A

Byron hills.

S

S

Avb craft back before you again beer development review, um as mentioned by the chair next project,.

S

We will be talking about, is byron, hill's file, number p-20-0, p-20-0071.

S

With me are some representatives from clsa martin rickel clsi aaron, valentine's, the outside.

S

And what this project is proposing is a four lot residential subdivision. This project is.

S

Before you as a preliminary subdivision plan, which means we are looking for two actions at this time,.

S

One of which is the approval of the preliminary plan subject to chapter 155.

S

And denial of the preliminary plan in reference to chapter 156 and we'll get into that a little later.

S

So for those who are unfamiliar, this project is located on the east side of oklahoma, road.

S

North of monroe avenue, so here's oklahoma road here.

S

It's not labeled, but here is monroe avenue right here. Here's 26, there's 32.

S

The subject property is currently undeveloped, zoned r 20 000 and lies on the east side of.

S

Oklahoma, road and eldersburg maryland: there are no streams or female 100 year.

S

Flood plains located on site from oklahoma road, the site slopes upwards to the southeastern.

S

Property line so as you're looking at the site, it slows upward. Looking this way with approximately.

S

36 vertical feet of elevation change, yeah adjacent properties, our zone are 20 000.

S

And are developed with single family homes and are served by public water and sewer systems.

S

On december 11 2020, a constant subdivision plan from byron hills was submitted.

S

To the bureau of development review and distributed to technical review agencies.

S

This is what was provided within the subdivision plan. The developer proposes to create four new.

S

Lots of subdivision and a non-residential parcel around the stormwater management facility. The four.

S

New lights will range in size from roughly three quarters of an acres to about point nine acres.

S

And the stormwater management parcel will be roughly a half acre.

S

And that will be located here, so this is the stormwater management facility.

S

All proposed lots meet the standard minimum size of 20 000 square feet, lot, width of 100 feet and.

S

Setback requirements from all property lines as applicable to the r 20 000 zoning district.

S

Outline and carroll county code, all lots shown on the planet, will utilize public water and sewer.

S

Access to the lots is proposed from an existing driveway from oklahoma road, so.

S

I'm going to go back one so they're proposing the access from this existing driveway here.

S

As this will be a shared houston, common driveway, they will have to.

S

Bring this existing driveway to using common driveway standards.

S

A declaration of maintenance obligations and an access easement for the shared drive will.

S

Need to be recorded that will be handled during the the final recommendation to obtain adequate.

S

Site distance, where the new driveway meets oklahoma road, the developer has established an.

S

Agreement with the southern adjoining property- not this property, but with this property here.

S

Which allows the necessary grading on the property to occur, so they have a temporary grading.

S

Or construction easement with that property owner the proposed subdivision plan was subject to.

S

Citizen involvement during the january 25th 2021 technical review committee meeting there were four.

S

Citizens in attendance and they expressed concerns of stonewater, runoff and soil erosion, soil.

S

Chemical composition and school capacity during the meeting two adjoining property owners both of.

S

Which spoke at the meeting they also emailed and mailed their concerns in advance of that meeting.

S

On august 17 2021, the planning zoning commission received or I'm sorry reviewed, the concept.

S

Plan for this project during that meeting there are various concerns raised by the naming.

S

Property owners regarding stormwater runoff, school capacity and local wildlife, habitat.

S

There were three emails that were received after the meeting, those of which were included with.

S

Your packets yesterday, I also received another email from an adjoining property and I believe.

S

It also was forwarded to your guys emails as well. She had concerns about school capacity as well as.

S

Sidewalk, thank you.

S

Right when I went to say it just um and we'll we'll get into that conversation, a little.

S

Further into the report, but both of those concerns um will be addressed.

S

So, with that, uh stormwater management has issued preliminary plan approval.

S

They are utilizing drywalls and a proposed stormwater management facility that will.

S

Meet the requirements of stormwater management, water resources, zoning and grading and sediment.

S

Control have approved the preliminary plan, the carroll county health department and the carroll.

S

County bureau of utilities have approved the plan with public water and sewer connections proposed.

S

Engineering review and state state highway administration have approved the plan as well.

S

In the review, the department of planning determined that the proposed plan is consistent.

S

With the 2018 freedom community, comprehensive plan, land use, designation of residential medium.

S

And as well as the water and sewer master plan as oklahoma, road is identified as a future.

S

Sidewalk connection within the bike, ped master plan planning staff included a recommendation.

S

To construct sidewalks along oklahoma road in order to connect the existing sidewalk.

S

On the north and south side of the property, so I'm going to go back here so you can see the.

S

Terminus of this sidewalk on the north side, as well as the sidewalk on the south side.

S

So, pursuant to chapter 155 staff recommends approval of the preliminary plan.

S

uh Subject to the following conditions that the owner developer enters into a public works.

S

Agreement with carroll county that a declaration of maintenance obligations for the houston common.

S

Driveway serving lots one two three and four, so the proposed lots, as well as the adjoining.

S

Property at five nine, nine five oklahoma road, which is this property here, be recorded at.

S

The parcel shown on the plans as partial a uh be recorded and dated to carroll county.

S

That the parcel shown in the plants is parcel b, uh be deeded to carroll county. Both of those are road.

S

Widening parcels so parcel a will be here and then parcel b will be over on this side as well.

S

That the parcel shown on the plants at stormwater management facility will be.

S

Deeded to the homeowners association that any area labeled as storm drain easement be deeded to.

S

The homeowners association, any area labeled as stormwater management easement, be dated.

S

To the homeowners association that a stormwater management, easement and maintenance agreement be.

S

Deeded to carroll county that a sidewalk would be added along oklahoma, road to the maximum extents.

S

Possible so maximum legal extent is possible, so, as you can see, um we have two other.

S

Own privately prop other privately owned properties here and here that kind of they may or.

S

May not keep the sidewalks from being connected. So one of the things that we have tasked the lsi with.

S

Is to verify that we have enough road designation for oklahoma road for us to to have that sidewalk.

S

Within the current county right-of-way, without having to impede on the private properties here,.

S

So that is something that will be addressed during the final review of this project.

S

And then, finally, any changes to the preliminary plan as subject and approved by the commission.

S

Shall be resubmitted to the commission for further review and approval and before we move on um just.

S

To kind of show the layout of the property, so, as you can tell us being in august, um these.

S

Pictures were not taken in august. There was too much growth in that area at this point to take.

S

Any recent pictures, but this shows the lay of the land standing up, where those lots will be.

S

Again so this is looking at some of the residential properties.

S

As they currently sit now, this is right where that stormwater management facility will be located.

S

And these are updated pictures, so this is looking.

S

At the existing driveway left and right on oklahoma road- and this is looking back on site.

S

Here's some more shots from oklahoma road.

S

And this is so you can see this, um this red fire hydrant here on the south side of the site.

S

Nor sorry, north side of the site- this is the terminus of the sidewalk, and this is where that.

S

Stormwater management facility will be located and you can almost see that red fire hydrant here.

S

Okay, so before we move on to the concurrency management report,.

S

um Was there any questions in reference to that? First, half of the report that was.

S

Well, thanks, thank you, okay, so we will move on to concurrency management. So, pursuant to chapter 156,.

S

Of code carol county code, once the department has determined that the residential development plan.

S

May be presented to the commission, the plan is reviewed for available threshold capacity.

S

With this, various agencies or public services are looked at to determine if this residential.

S

Development will have adverse effects on those facilities and so we're going to go.

S

Through each one so for police services.

S

The ratio was calculated by counting sworn officers with law enforcement, responsibility.

S

In relation to the carroll county population, it was determined that including the development.

S

Projects in the pipeline, along with the funded positions, the ratio will be over 1.3.

S

Services are adequate if the projected ratio is 1.3 to 1 000, which it was over that so police.

S

Services was deemed adequate for schools. The proposed subdivision is located in the freedom.

S

Elementary oklahoma, road, middle and liberty, high attendance areas in accordance with carroll, county.

S

Code, oklahoma, road, middle and liberty high are rated adequate for fiscal years, 2023 to 2028.

S

Freedom elementary is rated approaching inadequate for fiscal years, 2023 and inadequate for fiscal.

S

Years, 2024 to 2028., based on the numbers from the 2022 to 2031, educational facilities, master.

S

Plan document that was approved by the board of ed at their june 8 2022 meeting.

S

It was determined that freedom elementary had an actual enrollment of 114.1 percent.

S

You're approaching inadequate, if you're at 110 to 118 so already their actual enrollment is.

S

Approaching inadequate and looking at the numbers um 2023 as mentioned was.

S

Approaching and then after that, it's deemed inadequate, although there are no improvements.

S

Scheduled and the current approved capital improvement program, which will provide capacity.

S

Bill kane the facilities planner for the board of ed indicated on the.

S

Certification form that the southeast area redistricting committee will be presenting.

S

Options to the board of ed this year, so, although there is not currently anything any mitigation.

S

Now that may soon change once those options are presented to the board ed and then, as mentioned.

S

Oklahoma, road, middle and liberty high are both deemed adequate below that 109 percent capacity.

S

For fire and ems, the proposed subdivision is located in the sykesville fire and ems district.

S

Sykesville is rated adequate for late and no responses criteria for fire and ems, as well as.

S

Average response times the primary route from the firehouse to the proposed development does.

S

Not include travel over bridges that cannot adequately support fire and ems apparatus.

S

So that is also deemed adequate, so firing. Ems for this area is adequate on all counts.

S

Oklahoma road, which is the county road impacted by this, is also deemed adequate, and, finally,.

S

The bureau of utilities rated the services as adequate for water and sewer in this area.

S

With that, with regards to a preliminary plan, the carroll county code states that I'm just going to.

S

Read this verbatim if a public facility or service is inadequate or projected to be inadequate during.

S

The current cip at the preliminary plan stage and no relief facility, is planned in a six-year.

S

Cip to address the inadequacy or no mitigation is accepted by the county pursuant to chapter 156.06b.

S

The plan shall be denied by the commission at the request of the developer. The plan may be.

S

Placed in acute and retested on an annual basis so with that pursuant to chapter 156.

S

Staff recommends that the planning commission find that police roads, fire and ems services.

S

Are considered adequate schools are considered inadequate and thus deny the preliminary plan and.

S

At the developer's request allow the plan to be placed in a queue and retested on an annual basis.

S

So I just want to clarify with that, um because the school freedom elementary is deemed inadequate.

S

Within the current cip, the planning commission has to deny it for chapter 156. That's not to say that.

S

The plan cannot move forward to the final plan stage. They can still be reviewed under the final.

S

Plan stage, but they cannot receive final approval until some sort of mitigation is put in place.

A

Can you read back, I think you were saying pursuant to chapter 156 staff recommends the planning.

A

Commission deny the preliminary plan and at the developer's request it be placed in a queue and.

A

Then I missed the rest of that sorry be placed in a queue and retested on an annual basis. Thank you.

A

Right anything else, that's all I got. Gentlemen. Do you have anything to add to the presentation.

A

We're just here to answer questions and do requests. We get placed in the queue.

A

All right, so one of the issues- that's that's been raised by the community, not.

A

Surprisingly, given the slope of the ground deals with stormwater runoff.

A

Can you address that sort of preemptively now and explain why if you were a neighbor that was.

A

Downhill from this, you wouldn't be concerned about that. Basically, if you can look to the right left.

T

Of the bottom house, there's a swell cutting off all water, getting down to the main house. There's a.

T

Swell between the other two houses going to inlet, so we're capturing all the water in that area and.

T

Then the mages wheel cutting water off there, so we've cut water off pretty much everything going.

T

Down towards oklahoma, then, on the other side towards rustic rise, and we put another swale.

T

In and we've cut off all the water going there so we've pretty much surrounded the site with.

T

Swales to keep the water from going off. Property goes to the stormwater facility, which ties into a.

T

Storm drain system existing storm drain system, so the water will be conveyed through pipes.

A

And how do you without getting into too much detail, because I'm certainly not an engineer but.

A

How do you ensure that you understand what the capacity of water is? That's coming down, that hill.

A

And that the swale, and that this system that you designed is going to have the capacity to.

A

Handle it we're required to design for what they call the tenure storm for stormwater.

T

Management and then on top of that it provided nine inches to a foot of freeboard. So you even.

T

Have additional storage there or volume there to be able to handle if any conditional gets in there.

T

So it's designing above for a tenure storm but then also putting free border.

T

On top of it to protect them, and then once you do this design does the county.

A

Check on your calculations, absolutely okay and has that process been undertaken? Yes, they went through.

T

We went through concept and preliminary and then they'll look at it again at final to make sure.

A

And there also has there been a phase. One environmental study done that I am not sure of.

A

When we were here before, there was some discussion about potential phase, one environmental study.

T

uh I would I apologize. The client can't be here today, but I can double check with him.

T

On that, but uh typically they just walk out and see what they see on site. There's no subsurface.

T

Exploration on that yeah, I'm not suggesting there should be. I just I've been looking.

A

Back through the minutes from before, there was most of the time to get financing. They.

T

Were required to do a phase one okay, so there may have been one. We just don't know right now,.

C

Okay um in talking about the stormwater runoff um at the end of.

C

When construction, doesn't the county come back out and verify that it's all done according to.

C

What it should be, we will be required to be on site and do inspections during the construction.

T

And then the county will also do an inspection at the end and make sure we meet all the criteria.

T

Okay, and if you don't, we revise it any other question.

C

I well I do okay, so and- and I can't see totally but.

C

Where it words coming around there, so it looks like there's a space that may not be.

C

Being funneled, am I seeing that wrong, or is it everything coming down the hill.

T

We've cut off the majority of it, some of it coming down. The road will still get.

T

Down the road, but we've significantly reduced the drainage area getting down to oklahoma road.

T

Which shows a decrease in runoff based on even the county. You know reviews okay,.

A

Any additional questions: the developer of the two homes that front.

J

Oklahoma that are presently there is that the same developer of these four homes, no sir, was that an.

C

Oh or yeah, no, I I guess, I'm frustrated that the sidewalk was not done when those first two homes.

J

Were built and that now we're legally because at some point the county is going to have to.

J

Go in there and do something to connect these sidewalks and it's just just a frustration of.

J

Everybody who lives in that area yeah, I believe, they're taking of all conveyances at the time.

T

Which is a different process, we will strongly look at what we can do to connect the sidewalk.

A

It's certainly a priority for us. You know over the years as these.

A

Things have developed, you end up with a bunch of sidewalks that aren't connected, but the idea.

A

Is as the development continues, they eventually all get connected understand. So these need to.

A

Get connected, unfortunately, our developer came in after the fact on that right: okay, michael.

A

No, I'm fine, stephen no nothing's been asked. Are there any members of the public that would like.

A

To comment, please uh come forward step up to the microphone and give your name and address. Please.

U

Good morning my name is elizabeth. I live in adjoining property 5960, I'm in court, I'm from the.

U

Thrastic rising community, we're really concerned about a few things. Thank you for mentioning the.

U

Water downfall, because we live down the hill and here is very steep, so I don't think.

U

That, whatever developers are trying will try to to do will fix the issue because hill belongs to the.

U

Rustic rising community, so with edge of a hill, belongs to rustic, rising and part of it belongs.

U

To ours like a little tip of that land, so we won't be able to ground it properly to the lowest level.

U

um Second, concern is when we're going to build something, if we're going to build something there.

U

It's going to be a problem during the construction, because all the all the you know stuff all the.

U

Dirt everything will go down the hill to our properties and um the third concern they have is.

U

That environmental issue, because from we were trying to look for all the documents, unfortunately,.

U

It was long time ago before the internet era, so it wasn't really documented on sites, but from.

U

Old folks who live there, we know that it used to be a farm and the ostriches were.

U

Running around and the old farmer, apparently I cannot prove, unfortunately, all those things.

U

But it uh we were told those ostriches, some of them at least will bury it, and this you could see.

U

Some uh in the woods when it is not that many uh vegetation, you could go there and see the buried.

U

Stuff, like buried, building like leftovers from some other stuff, like basically it's trash and.

U

People saying it was, it is a burial of remains of those ostriches, and god knows what else. Where.

U

So nobody ever tested anything there. So if it's going to be excavated, we want to make.

U

Sure that we won't get all this those chemicals or whatever is buried there going down the hill to us.

U

um Another concern, of course, schools, because schools no, but it's already been raised.

U

Thank you. Thank you.

A

Can you state your name, your name? Please can you say your name, please, I'm sorry, my name curious.

V

Love you, if I'm husband so um um and whenever it's rain, we pretty much, have a river of mud.

V

Going through our parking lot, so I don't see how it's going to be any better with construction site.

V

Instead of a forest uphill, that's it! Thank you. Thank you. May I enter us. Let me just.

A

See if there are any other comments and we'll address them all anyone else care to comment.

A

All right, yes, sir, the area to the north with the swale that's proposed there. That would be.

T

Cut in during initial construction to divert all water coming off of our site around into a.

T

Trap to prevent it from going onto their site as far as the slope on rustic, rising down to their.

T

Property, we have no control over that, but we can keep the water from our site off of their property.

A

I mean you're saying that it's going to get cut in that's at the beginning of this process.

T

During construction, that would be for the first things, just cut it in to divert the water around.

T

So it does not get off the property and it goes to the proper.

T

Treatment area because certainly we've seen issues where during construction, there's runoff, because.

A

The stormwater management system isn't done yet and I think that's one of the concerns I think.

A

They're raising is during construction before the storm water management system is complete.

A

What can you do to keep water from running down? Yes, sir, and actually part of stormwater.

T

Management now review is during the interim during construction. They look at that to make.

T

Sure we're taking care of it before it goes off our site and then I'm sorry john's good. Oh.

C

Can you address the concern about the environmental? This site is pretty much like.

T

Any other farm site or out there, no one knows what's buried on a lot of these farms. When you.

T

Go in to do your construction, unfortunately, and as far as I know, there's no testing or.

T

Studies required for development. Besides, you know with ufa's one for con for.

T

The uh financing but other than that there's no requirements, I'm aware of okay and.

C

Being in development somewhat, I am aware that maybe back in the 50s and 40s um homeowners buried.

C

Stuff, yes, so hopefully what was buried may have disintegrated, but during construction they will.

C

Unearth some stuff and and take care of you don't have to be handled properly if it is, and it is.

T

Exposed okay, so back to my question about a phase one: do we know? If is there going to be a phase? One.

A

I do not know we don't know if that's required or usually you don't see it with um residential and.

C

Even the banks, you know unless they feel that there is a problem, but it's typical with farm.

C

And I would suspect the development above probably was farm land before too, so they yeah all right.

A

All right any other questions in light of just curious.

K

Is there concerning the water and the public comment and the runoff? Is there a way to to.

K

Install the storm water management prior to you know digging foundations and things like that.

K

um In place of the stormwater facility, there'll be a sediment trap there, which acts as.

T

Temporary stormwater management, the water will be diverted into that and released also it'll.

T

Just then be converted to the final facility at the end, but during the interim it'll be a.

T

Sediment-Based and sediment trap: the water will be diverted in the same way we're talking about now.

T

Probably, even more so with some earth dice and such to keep the water going in.

T

So during the interim, yes, we will be diverting the water into some type of facility there and.

C

When they are actually constructing the houses, they'll have on site for each house.

C

Some type of either they have to have something on site for each house or this perimeter. Semicontrols.

T

Need to stay in place until the houses are built. Okay, so we asked the question earlier.

J

Guess the the county has checked your numbers and you kind of you.

J

Oh yeah they've checked your numbers on the storm storm water, runoff.

J

You know in this instance only because I'm familiar with the topography of this site.

J

To me, it's not just the volume of water, it's the velocity that it might be coming off that hill.

J

I mean it, I mean if we get a heavy rainfall, I you know and so david. I I guess, I'm asking you.

J

When you review their work or your team reviews, your their their work.

J

I mean are the the pipes larger because again the the amount? It's not just the amount of water.

J

It's I think, it's the the speed that it can come down that hill, because this is this is.

J

It's a six five or six percent grade right, so um I I guess my answer to that would be.

S

You know, there's there's a reason why we wait until receiving storm water management.

S

Approval before any plan gets before the planning commission- okay, because the requirements for that.

S

Are a lot of times what holds a lot of projects up? Because they want to check and double check to.

S

Make sure it meets state requirements as well as county requirements? Okay, if it's felt that.

S

The velocity is too much, I'm I'm sure they would have put some sort of rocks in place of dirt. You.

S

Know if they're worried about it, cutting into or creating a more of a ditch or channelization as.

S

It was um I I can't speak as to the design of this, because I I don't necessarily review for that, but.

S

I can say that you know there's a lot of checks and balances in place for this.

A

I guess maybe, as we close this out, you know we certainly hear the concerns.

A

And and recognize them and appreciate them, if we were you, we'd have the same, have exactly the.

A

Same concerns and the concerns that you raise here are concerns. We see on other projects.

A

And you know the county has a process that they follow. That's checked and.

A

Double checked the engineers have to submit and do the calculations nothing's ever perfect.

A

I like to think as members of the community, which is what we all are, that.

A

If, if the engineers were scamming us or the county were scamming us saying, they're taking care of.

A

These things, but they're really not, then we'd see a pattern of those things happening and certainly.

A

If this project goes forward and all the systems fail and and all of the representations that are.

A

Made um aren't, you know, aren't being honored or um then we would certainly be hearing about.

A

That either anecdotally or directly and then the next time they come in and wreck them and.

A

They're making representations to us, the question would be. Why should we believe you so I um you.

A

Know you, gentlemen, are professionals, you have professional licenses. We rely on what you do as.

A

As as professionals and the same with the county, and so that's um that's the way- the system works.

A

It needs to work and if problems develop, then they have to be resolved while you're out there to.

A

Protect the community and if that's not happening, then um then um I think we're going to be hearing.

A

About that, but the expectation is that this will work and it will deal with these issues um so.

A

um So we hear you and we we understand a concern and um are satisfied. I think that that these are.

A

Being addressed um in every way that they can be, um and if I, if I may chime in um one more time.

S

So one of the documents that is required when, with any subdivision with anything that has any.

S

Type of stormwater management practices on it is a stormwater management, easement and.

S

Maintenance agreement, so these facilities will be continually inspected if it's determined that, for.

S

Some reason something doesn't work or something is getting to the point where there's concern.

S

Then there is the chance to essentially redline or make changes to that so that.

S

Way it can be mitigated before something occurs, and also a lot of what's put in place here is.

S

For the subdivision as a whole, but there will be additional stormwater management.

S

Review when each individual building permit comes in so if a building permit comes in that.

S

Has the building shifted one way or maybe it's oriented a different way or it's a bigger size.

S

Then additional stormwater management practices may be put on site for that building in place. So.

S

um You know there's a lot of, especially with stormwater management. um You know, there's a lot.

S

Of concern of keeping that water on that site and not adversing any of the the adjoining properties.

S

Right and it's not a one and done you know, go out check it one day and say: okay, we're.

A

Finished and if it fails the next day you're, you know it's not your problem. Could you try again.

S

All right so uh questions, regardless of what siri thinks I don't know how she caught all that.

A

So we have um before us uh two action items. One is um approval of the preliminary plans subdivision.

A

Pursuant to chapter 155, and we have a staff recommendation that it be approved, subject to.

A

10 conditions and then we have a recommendation that uh approval of the preliminary plan of.

A

Subdivision pursuant to chapter 156 uh be rejected uh because of the schools. So uh why don't we take.

A

Them one at a time um is there um a motion to approve the preliminary plan of subdivision.

A

Pursuant to chapter 155, subject to the ten conditions listed in the staff report, can I take a.

J

Stab at that you want me to take, can I do this sure you can yeah? That is a good question. No.

J

I can't um I move. We approve the plan subject to chapter 156 and the recommendation department 155.

J

And the 10 recommendations uh provided by staff: okay, 10 conditions, 10 conditions- did, I say, 10.

J

Yes, conditions, 10 conditions; okay, very good, a second okay. So we have a motion to approve.

A

The preliminary plan of subdivision pursuant to chapter 155, subject to the.

A

Ten conditions listed in the staff report and we have a second- is there any further discussion.

A

No all right and it's a voice, vote. Okay, or do you ask me all in favor all right.

J

Then I move that we deny the plan, that's because of chapter 156.

J

But we allow the plan to be placed in a queue on an annual basis to be reviewed.

J

And that would be subject to the four stipulations recommendations made by staff.

C

A second okay, so we have a motion to reject.

A

The preliminary plan of subdivision pursuant to chapter 156.

A

But that the at the developers request to be placed in a queue and retest it on an annual basis.

A

um And there are four conditions listed um in the step and we have a second.

A

Is there any further discussion? I I just have a question. um I realized that the.

C

Motion made just said plan should be amended to say preliminary plan, or does that.

K

Any other discussion just just a question about denying the plan for retesting on an annual.

K

Basis is there any? Is there a possibility to increase that frequency or lessen that frequency.

W

I think the code requirement just says annual, so it's annual.

S

If something, I'm sure the property owner could come in.

W

That's what I'm asking right right within that annual time, but I'm just saying like.

A

We have a staff member who may be able to answer that question, so the redistricting.

X

Committee, both linda eisenberg and myself have been a part of that redistricting.

X

Committee that the school is leading, um and so we have close tabs on their timeline and what.

X

They're doing and when they're doing it. So it is our intent that as soon as the board has a has.

X

Given a directive as to this is the option that we want to pursue that you've put in front of us.

X

Then we will come back before you with any plan like this that has been put into that queue.

X

At such point in time that we feel that that is, um mitigation that could be acceptable to the county.

X

Even though it is not fully enacted, yet they have a plan in place to move forward so that that.

X

Is what you would see back before you per 156 to say? Okay, we can move forward now, okay, right, the.

A

Inadequacy has been corrected: yeah yeah, okay, good! Thank you. Thank you. Any other discussion.

A

Hi anyone post anyone abstain. Thank you all very much. Thank you all very much.

A

We are moving on to item 13, which is a recess and we'll just take a five minute.

A

Recess and uh see you back here in five minutes, thank you.

A

Welcome back everybody we are on to item 14. final site plan case number. Sixteen zero, zero.

A

Zero five dd world business center. Thank you. I'm mattias with the bureau of development review and.

X

I'm to be absolutely honest, I am thrilled to be here with this project today. So you'll see.

X

There's a lot of people who are very excited to be here today. um It's a sixteen triple 005.

X

Which means that this current plan came in to us in 2016., so um it's been a long time.

X

Coming it has a history dating further back than that even and I'll present that in the report.

X

uh I did go back and watch the this was here before you in august august, 31st.

X

Of 2016., I watched the video, mr wilders, you were in it. I was in it.

X

The rest of the commission is all different right so um and I almost like jokingly just.

X

Embedded the video into the powerpoint, because most of what you'll hear today, I could have it's.

X

About 95 of that same report, but I will go back thoroughly through this project where it's been.

X

Where it's heading, but before I do that, I want to let everybody here introduce themselves and and.

X

They have changed developers which was part of the the project actually stalled in the final review.

X

Process for a while, because there was a change of hands, so maybe you could speak to that as well. If.

X

You wouldn't mind introducing yourselves and giving that portion of it. Thank you absolutely.

B

Good morning, kelly, shaffer miller, 73 east main street westminster maryland 21157. I'm here today.

B

Again, on behalf of the developer, um the developer is sitting next to me. It's scott hair. His name is.

B

Scott hare and he did purchase the property from randy cohen, who I'm not certain. How many.

B

Of you remember, but it sounds like perhaps just mr weathers would recall that randy previously owned.

B

The site and had initiated this site plan, um and then I can't I can't remember exactly when scott.

B

Purchased it but scott actually, and- and he can answer specific questions that you might have, but.

B

Scott owns one of the other businesses and properties on dd road. So then you know he.

B

Was aware of this property uh knew about it and ultimately purchased it from randy and.

B

Then has continued the site plan and then I'll, let everybody introduce themselves but john and.

B

Christine are here from fox and associates and they had been working on the plan when randy had.

B

Applied for this site plan initially as well, so they have a longer even history than scott does.

B

On working with a site plan, there you go. Thank you guys individually, introduce yourselves I'm.

Y

Scott hare, I'm the developer. I also, as kelly had stated. I have a business right across the street.

Y

That I've owned and operated in the county for 33 years now we have a site development company. There.

Y

We've watched this parcel, um we saw randy kind of stall with it and saw the opportunity to.

Y

Kind of pick up the pieces and try to move it forward feel like it it'll, be a good addition.

Y

To that piece of the county, there very good- that's much needed! Well, it's nice to have you here today.

Z

My name is christina castillo with fox and associates. Like kelly said, we've worked on.

Z

This project from 2016. I was actually the junior project manager at the time and when scott took.

Z

It over and reinvented it um I started to work on it again. So, uh like laura said, we're happy to see.

Z

It finally, at this stage very good hi good good morning, john mazzellan, with fox and associates. I.

M

Too, have been involved with the project from 2015 forward. We're happy to be here before you today.

R

Thank you, yeah! Well, welcome everybody, marcus, we'll turn it back to you and thank you, everybody um so.

X

The location for the site is we're we're out in finksburg, so baltimore, 140 and dd road. Some of you.

X

May be familiar with that area, the property itself. Interestingly enough, it was it's part.

X

Of this walnut park, industrial subdivision, so it was initially planted back in 1987.

X

um And it's vacant, it's still vacant and then they resubdivided that parcel in 2014.. So.

X

It's pretty a prominent site right here on 140 and you'll, recall prep! Well, mr waters, you may.

X

Recall a concept we did talk about. This was kind of a gateway into it's a corridor. It's.

X

A gateway corridor into the county, so there was discussion about that and what this looks like, etc.

X

So we are here today for approval of a final site plan. I will note one addition to the report under.

X

Owners we do list the llc members and, following the publishing of the report, I did talk to kim.

X

And kimberly hare is also a member of the llc azalea llc. So if you could please note that.

X

Thank you you'll also see, interestingly enough, and it coincides with the date of submittal, so.

X

This is being processed in the bg zoning district business general business. That district, of course,.

X

Has evolved, it no longer exists when we did that comprehensive rezoning and december 2019 is when.

X

Those changed, and now we have the commercial industrial zones, so the map itself you'll see.

X

The seas and the eye districts, but this plan is actually being processed under the bg zoning that.

X

Was in place at the time when it was brought into us? Okay, so again, we're comprised of two properties.

X

With a total acreage of 5.4 acres, so the two lots lot 11a and lot 12 of the industrial park walnut.

X

Park, industrial subdivision, okay, the the access for this I'm going to flip to the.

X

So the access for this is provided. There's a plat attached to your package and you'll see that.

X

There is access on tadi road, which is intended okay and then lut 11a, which is I I'm not quite.

X

Sure what to call this, it's a bow tie. Maybe um so it's here at the road. It has a narrow strip back.

X

To this portion right here and a narrow strip out to dd road, so with the plait they had put.

X

An ingress egress easement over lot, 12 for lot, 11, 11a, okay. So it's kind of shaped a little funny, but.

X

You'll you'll go as we go through the plans. You'll see that the this is all on well and.

X

Septic, we are out in the finksburg area, so of course, to do development of this scope on well.

X

And septic there's been a lot of coordination with the health department on that there are.

X

Two septic fields um and wells associated and so the location of one of the septic fields.

X

Is actually that upper part of the bow tie there? So the funny configuration of the lot.

X

Okay, so a lot of lemonade that acts as easement I was just talking about. It actually corresponds with.

X

A 40-foot service, road easement for future public ingress and egress.

X

And that was put on the plat that you'll see in your package and it is on the finksburg corridor.

X

Plan that it's a planned service, road that goes through that walnut park area um and we'll talk.

X

About where that is in the process, and how this plan is affects that at this point in.

X

Time so the service reducement was established on the 1987 plat carried forward. The 2014 pled.

X

And there are some changes being recommended with this plan in regards to that easement.

X

So the vague the subject property you'll see is vacant, as I said, and it slopes gently downhill to.

X

The east: there is a grade change at this property line, which creates a steep slope there between lot.

X

12, which is the larger lot and the watts center, which is adjoining to the east.

X

All right, so I'm going to go all the way back. Well I'll show you some pictures of the site. First,.

X

For context, so looking along route 26 in either direction and you'll see adjoining.

X

Immediately to the west of this property is a one-story brick building. That's where the postal.

X

Service used to operate out of in pinksburg until they relocated.

X

That's a 140. It's vacant yeah, it's 140, not 26.. What did I say? That's okay,.

X

It looks like you didn't catch it 140.. Thank you.

X

All right and then standing internal to the site. Looking.

X

At 140 and again, you'll see that one story, brick building.

X

This is a long dd road, so just to give you a general idea, there are some.

X

Businesses built up on the opposite side of dd road.

X

And this is again along dd road, so, on the right hand, side you're, looking.

X

Into the site, the back of the site does have a tree line to it. Right now and cj.

A

Miller back behind yes and cj miller joins back there budgets auto. Is there exactly.

X

All right, so I'm going to go all the way back to 2011 um when the plan occasion did see.

X

A plan for this site, and, ironically enough, it really hasn't changed much at that point.

X

In time it was still two distinct buildings, it was a planned business center and a restaurant.

X

And or bank was proposed again just giving you a little context to the history of it.

X

It was presented as a concept plan to the planning commission at that point in time the property had.

X

Not been re-subdivided, so it was one lot with two uses on it and they didn't move forward.

X

With a final site plan for that, but they did move forward and re-subdivide the lot in 2014.

X

So actually, the the uses, the building dimensions, the siting, access, stormwater, pretty much all.

X

Of these elements are substantially the same as going all the way back to 2011.

X

All right so the uses that are proposed now this pla a plan business center and at the.

X

Front the proposed use is a fast food, restaurant, a restaurant, okay and they are principal permitted.

X

Uses in the bg zoning district again processing under bj, so this new plan it was reinvigorated in.

X

2016 and a concept plan came in in may of 2016.. We did go to the technical review committee with it.

X

We had three citizens there, but since posting this project now we I have not heard.

X

From any citizens regarding the plan again in august of 2016, you saw this as a concept plan.

X

Now there was um most of the discussion revolved around parking, so there's a lot of extraneous.

X

Parking that was proposed on the property there were 42 extra spaces in total, so the conversation.

X

Was you know, can we reduce the park? Can you reduce the parking, maybe add green space in lieu of that.

X

The other part of the conversation was surrounding the the it being a gateway into the county.

X

And the commission requested that the developer just be attentive to the signage.

X

That is put onto the final site plan, but proposed, as well as the building elevations right, because.

X

It's a prominent location, so all of those concerns have been addressed on the final plans.

X

So I'll go into exactly how they did that, what they did, the bigger picture they are proposing.

X

That planned business center. It's a there's one building two stories: thirty thousand square feet.

X

And in it will be proposed, as retail professional offices, medical offices really not quite sure what.

X

That mix will look like specifically okay and then a 3753 square foot fast food, restaurant.

X

So it's being processed as one development plan, two lots. One plan for ddworld business center.

X

So there's no access proposed to maryland route 140. the access is 140.. The access is proposed out.

X

To dd road again, there's an easement for 11a and then the actual road access road is on lot 12.. So.

X

Right here, coming in there's a second access point proposed further north on deity, road.

X

So, interestingly, the the topography of the site led the engineer to there's a.

X

Retaining wall it's about 30 feet long, which runs along the access drive on the south side.

X

Of that access drive and in order to put put that in actually constructed have the room to do that.

X

And there's landscaping that is required along with that retaining wall. In order to do that,.

X

Everything kind of shifted north a little bit to accommodate those features. So what happened was.

X

That the actual easement that was put in place on the plat, they are also processing an amended plat.

X

It's going to shift that easement to align with the road. Okay, because the whole road had to shift.

X

Over to the north, just slightly so that's one of the things they're doing with the amended plan.

X

It doesn't affect the access to lot. 11 will still.

X

Be over that access road they just had to slide the easement.

X

So again, going back to what happens over here at this property line. There are steep slopes and at.

X

The concept before you even saw the concept plan. So during the the concept review in the.

X

Technical agencies, the engineer, did provide us sufficient information to demonstrate that that.

X

Connection for that planned future road across here connecting to that watt center property. It.

X

It just it couldn't be realized because of the steep slopes there.

X

Okay, so what you saw at concept looks like this: there was no connection at that point in time.

X

We did talk about at that point in time. It just simply wasn't achievable with the grade change.

X

So this then instigated further review of that greater road right and what happens on this plan.

X

And what will happen with that? Greater service road? That's planned! So, while we're not looking.

X

At the entirety of the service road, we are focused on what happens with this site plan right now, so.

X

We, the department of land and resource management, in coordination with department of planning, as.

X

Well, as the department of public works reviewed this segment okay, so the recommendation was.

X

That this segment of the walnut park, road over lot, 12 be removed from the finksburg plant and.

X

Pairing with that, so the department of planning is undergoing right now, a transportation plan.

X

And you will see in front of you, I think mary's going to present it before the end of this year.

X

She will be before you with all the recommendations that go along with that.

X

Transportation plan and you will find that this removal across lot 12 of that future service road.

X

Aligns with what will be presented to you in relation to that entire service road for that area,.

X

It was determined that it is unwarranted.

X

That the the properties it would serve and the potential traffic that it might alleviate it was.

X

Determined that it should be removed from the plan so you'll see that when mary's before you, okay.

X

So but for this plan with the approval of this development plan and the recreation of.

X

The associated amended plat that easement area for the service road on lot 12 on this portion.

X

And this portion of the road extension will be considered, removed and extinguished, so we are.

X

Asking you to that's part of your consideration today is that you are a-okay with that. Okay,.

X

So planned business centers need to meet general regulations required in the code, so building.

X

Height the building height is the bulk requirement, is 50. Feet cannot be taller than 50 feet. The.

X

Building shown in your plant set is 43 foot four and a half inches okay, so we're within the.

X

Building height regulations they're also within their yard setback regulations tracked coverage.

X

As well, they're permitted up to 25 track coverage, and this is 19 percent and we're talking about.

X

The the planned business center and the customer parking spaces so, as we talked about there were.

X

Extraneous parking spaces on the concept plan, the parking requirements for that plan, business center.

X

Total 165 spaces, okay, at now, six of the spaces on that property are serving the restaurant, so.

X

For the restaurant portion they couldn't get all their parking on there. So they're.

X

Establishing a cross easement and permitting six of those spaces on the adjoining property. Okay,.

X

So the plan right now they have reduced that number. There are now 25 extra spaces versus the 42.

X

Extra spaces that you side concepts, so they have um taking out parking spaces, they have.

X

Added a new response to add more green, some of the islands have gotten wider. They did have to.

X

Add a loading zone which is here which wasn't shown on the concept plan so that.

X

Accounts for some of those parking spaces, but they also in response to your comments.

X

Have included plantings at planters around the entire perimeter of each.

X

Each building the fast food restaurant as well, I believe, but around the the planned.

X

Business center, I keep want to say commercial, because now it's a commercial center in the code.

X

Plan business center, so they have done what they could to increase the green and remove parking.

X

Now they didn't go all the way, dialed all the way down to just the required spaces, because, as of now.

X

They're still not sure what those actual uses will be that move into the building, so they wanted that.

X

Buffer that little bit of extra, but it was responsive to the commission's comments.

X

And additionally, they have shown their signage, oh building, elevations, and then I have a slide.

X

Of the signage, so they have shown signage. Of course, the the one on the left is kind of generic.

X

Right now, because they're not quite sure what restaurant will be going in there, it does show a.

X

Height of 30 feet for that particular sign, which is the maximum permitted by code and then the.

X

I was going to say bulkier sign, but the more substantial sign which will list all the tenants.

X

In that commercial center for dd world, that sign is 20 foot 8, inches high and 8 feet wide.

X

So let me go back to we'll leave it there for a second, so the plan.

X

um The the plan was subject to a traffic impact study. It was reviewed by the state highway.

X

Administration as well as carroll county there are, there was a road dedication parcel that was.

X

Required by state highway along maryland route, 140, that's already been dedicated deeded to sha.

X

And there are no additional improvements that are necessitated. I will say that they are elongating.

X

The um striping on dd road striping, the right word, elongating um the the line which designates.

X

The turn lane on dd road- that's the only thing they're they're doing um that was needed. So.

X

There were previously a couple variances that they went through the process to request and we're.

X

Granted those are no longer needed, as the plan has evolved so again. Water and sewer is private. Well,.

X

And septic systems, extensive coordination with the health department occurred throughout this whole.

X

11 year process there is an existing tank and pump system for fire protection purposes.

X

On the opposite side of dd road- and it serves the entirety of the industrial park,.

X

Fire protection and emergency services has approved the plan.

X

So you'll see the the building elevations and there are also some 3d views that are.

X

Included in the plan set on sheets 18 and 19., so this is the planned business center.

X

And they have included kind of a generic restaurant design. Now it is noted on sheet 1.

X

And the developer is aware at such time that they have a direction for what this restaurant will be.

X

That amended site plan for the fast food restaurant that shows the actual building.

X

Elevations and sign details will be required for review and approval.

X

They have shown a site lighting plan, they're, doing pull mounted lights in the parking areas and they stand at 20 feet above grade.

X

And go back to the plan so storm water management. It will be achieved with a shared.

X

Infiltration facility there's dry wells and bioswales as well you'll see the facility.

X

These will be privately maintained, required landscaping, you'll see that they do have.

X

Parking lot landscaping, as required screening at their dumpsters.

X

Landscaping at the retaining wall, as well as along dd road and maryland route, 140.

X

Additional landscaping that was proposed around the perimeter of each building.

X

Is in excess of what is required, but it is in response to your comments at concept review.

X

And forest conservation will be met with off-site banking for this site.

X

So, pursuant to chapter 155 staff does recommend approval of the site development plan. Subject.

X

To the seven conditions outlined in the report number one that the develop enter.

X

Into a public works agreement with carroll county number, two that the amended plat for walnut park.

X

Industrial subdivision, which has been approved through the review process, is ready to be recorded.

X

um That that be recorded prior to mylar's signature on the site plan, we need to get.

X

All those easements on the the shifting of the easements in place, the easements for ingress.

X

Egress and parking will be recorded simultaneously with that amended plat.

X

That a storm water management, easement and maintenance agreement be granted to the county.

X

That a landscape maintenance agreement be granted to the county.

X

And that an amended site development plan for the proposed restaurant to include building.

X

Elevations and sign details will be required for review and approval and that any changes to this.

X

Plan will require an amended site development plan approved by planning and zoning commission.

X

So that concludes my report. If you have any questions for.

X

Me or anybody here in front of you engineer, developer.

A

Well, thank you. That was very nice. It was very helpful. um You all have anything you'd like to add.

B

We appreciate being here today as as miss matthias mentioned, this has been a long road. um Our firm.

B

Did represent randy cohen um predating my joining our law firm? So um you know we are we're excited.

B

To be here today, I know mr hair is very excited and we are happy to answer any questions that.

B

This commission might have. We do believe that we have addressed the comments and concerns that.

B

Were raised as part of the concept review when mr cohen property, so thank you and we're here.

B

For any questions you have so the only question I think I have really is just to help me understand.

A

I don't remember where the signs actually are. It looks like there are two different.

A

Signs there's one for the restaurant there's one for the for the business center. So there's.

X

I think my eyes aren't very good, but I think that that there's a sign easement here and there's a.

X

Sign in here that's for the fast food, restaurant and then the ddwell side I believe, is here. Did I.

X

Get that right: yep, okay, thanks, christina, okay! Okay, I see so long. Dd road is where the.

X

Sign for the entirety of the planned business center is okay you're on the question.

C

I well yes, of course, the uh first off. I think it's a well thought out plan um and I think.

C

Much needed in the area because there's a lot of scattered places that I'm sure will welcome.

C

Coming to there, but I have a question on the fast food. I notice the service laying that comes.

C

Around is just for like one service mike whatever you call them, um and you see restaurants today.

C

Fast food with two of those is that something that could be changed in the future or is it better to.

C

Maybe put it now, so it's not.

B

I think my response to that and I'll let um john chimex I see he might also have a response- is that.

B

That could be driven depending on the specific tenant and at this point in time we do not have.

B

Any tenants lined up for any of this space, so it is possible that if there was a tenant interested.

B

In the space where their business model required or showed a need for that additional drive through.

B

That you would see that as part of an amended plan process going through you, but at this time we.

B

Don't have a specific answer to that yeah yeah. Is that accurate, that's correct, yeah. I don't think.

C

From business aspect that you're going to have any trouble getting somebody to take that space, that's.

C

Going home or coming down it's, I hope, you're right.

C

Good luck, any other questions um yeah I live in finksburg, so janice's comments are spot-on.

K

Especially with the restaurant and consolidation of some businesses, because we either go.

K

To eldersburg or westminster, if we get a craving for a chick-fil-a which has which has double drive.

K

A couple of things first off just comment: I when I read through the report here, I was pretty.

K

Shocked about the highway administration, no changes for 140. that.

K

Is a busy stretch of road and um how I went to the gas station there.

K

Was a tef good used to be tabco? Now it's jiffy marked something else the other day and made.

K

The mistake, instead of turning out and going out the back way to go down 91 to get the deer park.

K

Of trying to make the left back onto 140 there, it took me like 10 minutes, but I was listening.

K

To the radio and all that stuff, but anyway, um so I was shocked at that, particularly if you're coming.

K

Up the hill, uh which I can see a lot of the traffic entering the center, particularly.

K

The restaurant turning right onto dd and not having an extension of report.

K

And creating a right-turn lane only to get into this complex, I I just I don't get that.

K

And then the up you know, conversely, the other way coming towards the reservoir before you get.

K

To the reservoir to make a left on the dd road, that's a pretty short turn area to get onto dd.

K

It's very short: there's a traffic signal there, but I I was just pretty shocked at that that.

K

There was no recommendations from state highway administration on that, so.

K

um Just the thought, I don't know that, there's anything we can do about that or what.

K

The other uh thought is a few months ago we had uh some discussion about grant money approved.

K

For finksburg area, because it is a gateway, and I I think commissioner, once at one point said that.

K

Route 140 has over 40 000 vehicles in that stretch a day, probably monday through friday,.

K

um You know going in and out of the county there and there was some grant money.

K

And I don't know if it was awarded or it was it's for facade improvement, so new projects.

E

Cannot take advantage? No, no, no, okay! What I'm saying is, maybe you can be a model citizen.

K

For facade and uh get your neighbors to, uh you know, go for that uh grant money and.

K

And go along with your beautiful building. I I think the the uh the the drawings look fabulous.

K

So uh I'm all for it. I I, um like I said, I'm a resident of finksburg. I I think it's welcomed and.

K

Again, I'm just I was, I was taken back really by the state. Highway administration say: yeah, go ahead.

G

I appreciate that comment and I also traverse that road, a good bit.

B

I think what you're kind of pointing out mr cain is.

W

Almost more of a regional concern for that, but the the benefit of this site is that traffic light.

L

Because that traffic light there, I'm sure we would have different conversations with sha, but that.

B

Having that signalized intersection right, there is just an absolute necessity for this mm-hmm there's.

A

Quite a bit of cj miller, trafficking in and out of this heavy equipment and and we have no control.

A

Over what state highway does I understand, so I guess they'll continue to monitor it, but right.

A

So pete you have any questions or comments. My own comment would be concerning the parking.

J

You know when you, if you we were to take this second story and lay that out on the site.

J

It wouldn't look like there's as much parking as there is because again, when you keep in mind that.

J

That's a two-story building, I'm I'm comfortable with what they're, with what they're doing there.

J

I think it's, I think it's a good thing, the amount of parking that they have yeah. I agree.

D

Stephen any questions, I agree, it's a nice looking building and uh you know the site incredibly well,.

L

um I think it'll definitely do a lot to um really add a lot to to that area, because it is very.

L

Industrial looking as you're coming into the county.

A

Are there any members of the public that would like to comment on this project.

A

There are no members of the public that would like to come in. um Well then, it sounds like we've.

A

Reached the point where it's time to see, if um put this way, the chair would be happy to entertain.

A

A motion to recommend approval of the site development plan subject to the seven conditions.

C

Okay, um I move that the site plan s 16005 dd world business center.

C

Is for approval per chapter 155 of the code of public local laws and ordinances of carroll county.

C

For consideration of a concept, oh, we don't need. Why not do that? Now, it's just the finals. It's.

K

Final, that was fun. Okay, all right, I'm in the wrong spot. Let me go back all right, so.

C

I was good up with all of that for approval of a final site plan subject to seven. No, it's four.

C

Report very good there you go I'll I'll. Second, what she said. I think.

A

So we have a motion for approval of the final site plan to chapter 155, subject to the seven.

A

Conditions listed in the staff report and a second to that motion is there any further discussion.

A

All in favor aye all right, I'm opposed and abstaining.

A

Congratulations. Thank you very much. Good luck! Excellent. Thank you very much.

K

Like to see those pictures from 2016 yeah.

C

Stem forward I mean, except for that tricky little mouse. I know right. There's an arby's.

K

Just different in terms of fast food, that's it yeah, but it's difficult to get to it as.

L

Well, you gotta go and then you gotta do like go up around the curve and then exactly all.

A

Right well we'll move on to item 15, which is indicated as introduction solar text amendment.

E

Sorry, this mouse is a tricky little devil.

E

Okay, thank you all for uh being here so late today. This is our final item.

E

And this is just an introduction for a text amendment to the employment campus district.

E

Allowing solar energy conversion facilities, so this was forwarded to you all by the board of.

E

County commissioners, on august 4th, we went to them with a briefing and an introduction for referral.

E

To planning commission to make this text amendment to our employment campus district, I know that we.

E

Had just developed the employment campus district some years ago, but this was a need that came about.

E

For the county to allow solar energy conversion facilities on part of our employment campus lands.

E

In front of you, you should have the text. Amendment um draft that's been proposed in your packet.

E

But that yellow highlighting is the new language that is being suggested for the employment campus.

E

District and basically the county has to meet certain renewable energy percentages for its.

E

Own portfolio and part of that is that we need to have land that can allow more solar. So this.

E

Is different than what we've been talking about today? This is different than agri mainers. This is.

E

Different than industrial, this is to allow solar energy conversion facilities, which are already.

E

Allowed but not stand alone, ground mounted in the employment campus district. So what the request is.

E

To allow them not as part of a parking lot canopy but a separate land ground mounted, as you can see,.

E

Here so the yellow underlined portion is, would be the new requested language that we would like.

E

You all to consider to forward back to the board of county commissioners for ground mounted solar.

E

Energy conversion facilities may be approved as part of or separate from. So that's new language.

E

The development plan pending a conditional use approval, so the request is not to make it.

E

Permitted by write, but as a conditional use approval and to also set some limits to it. So.

E

That the ground mounted solar field may be no more than 25 acres in size or did not exceed 50 percent.

E

Of the total acreage of the property- or, whichever is lesser, roof mounted solar energy conversion.

E

Facilities may be, a part, may be approved as part of the development plan, and then everything would.

E

Be subject to the requirements of chapter 158, so this would be the suggested language that.

E

You know would like to be amended within the employment campus district.

E

So again, changing the use table would go from prohibited to conditional. Currently, these are.

E

Allowed in the c3, i1 and i2 by right, conditional and c two we're asking it for it to be conditional.

E

In the employment campus and prohibited in the commercial one district- and these are not allowed.

E

In the residential districts they are allowed in the agricultural district, but as that pilot.

E

Project as an ag remainder um on ag remaining portions and then their size limitations and mega.

E

Wattages that are limited, and that's for community solar only so this is a little bit different than.

E

That community solar and I wasn't sure if someone from public works was going to be here today to.

E

um In case you had any additional questions, but that's the proposal.

E

And this is just an introduction for today and we can come back with more information if you'd like.

E

At our next meeting, but we would like you to consider this when we meet again um to allow this.

E

On the employment campus districts and forward it back up to the board of county commissioners,.

E

For their discussion and consideration for adoption, um so a couple quick questions.

A

um How many employment campuses do we have in the county? um We have currently one.

E

Zoned employment campus and that other than what's in municipal growth areas.

E

In the freedom area, which is the delaney property, we have several identified as part of the master.

E

Plan um one in the outskirts of the frinksburg area, one down toward mount airy, but then also.

E

This one, the delaney, which is in the freedom, which was the only one that was rezoned as part of the.

E

Comprehensive rezoning process and I'm going to take that back with a small portion within the.

E

Municipal growth area of westminster, just north west, of the landfill kind of not quite adjacent.

E

Like one property over from the landfill- and that was done with the comprehending effort as well.

A

And uh the other question I have is when it says: roof mounted solar energy conversion.

A

Facilities may be approved as part of the development plan. Does that mean we've got 25.

A

Acres or not exceeding 50 percent of the total acreage, whichever is lesser and that's going.

A

To include whatever's on rooftop and whatever is the canopy no, but I I and we maybe need to clarify.

E

That language this would only be for standalone, not including the rooftop, so the when it says.

A

Roof mounted solar energy conversion facilities. Is there any limitation on that or they can.

A

Every roof can be covered with, every roof could be covered and every parking lot can be covered.

E

Yes, and in addition to that, they could have 25 acres of these ground-mounted things or correct 50.

A

Ground round and whichever less correct. But this is specifically to allow just a separate.

E

Without being part of an already built structure to have the additional ground mounted,.

A

So what so, if there's not a structure, then the roof mounted stuff, wouldn't matter right, because.

A

There's no right because there's no structure correct and if there's no parking lot, the.

E

Canopy, wouldn't matter yeah, so the I'm I'm it's probably just me, but I'm confused a little bit.

A

By the language, the way it's worded with the roof mounted solar energy conversion that that sentence.

E

So we already- and I apologize- I'm not quite sure why that's annoying, I believe we already have.

E

That in our code, yeah- that's already there that's already in employment campus, so maybe it doesn't.

A

Need to be here just because it's confusing it's at least it was part of the whole whole part and.

E

I apologize for the underlining there. That is not new language. Really, the new language is.

E

The conditional use approval and then the ground mounted and the size restriction the roof and that.

E

Was just all part of what was already allowed so we're just adding that additional language.

C

Can you remind us how large the delay property is? um It's a little over a hundred acres.

E

um And you know: we've worked with economic development and what will be transferred or.

E

Has been transferred, I'm not quite sure where it stands with the industrial development.

E

Authority because that's eventually he'll be marketing the property for the county, about what.

E

Land is usable and not usable. My understanding is the intent is for the unusable portion to be.

E

The solar portion to meet the county's solar needs and this property is already owned by the county.

E

Board of county commissioners yeah, and we have property that adjoins that so.

C

I think there's probably a significant amount that would equal that. Yes, yes, that's unusable, correct.

E

Unusual for industrial, but would be perfect for this use, allowing it on the employment campus.

E

Land would just enhance the ability to be able to fully utilize um this. These properties themselves.

E

Collectively so and like any site plan, we see when somebody wants to do that, including the.

C

County, we would see a site plan. Yes, I mean the county follows its own rules. So, yes, you will come.

E

It would be just like what you saw today for that solar facility. You would see a similar site plan.

E

Come forward for that when, when this is approved and they move forward with lots of ground cover,.

C

Since how we look right down linda in your preamble, you said a mouthful.

J

Concerning the you know, this would be a way for the county to meet its solar.

J

What did you say guidelines, or what did you say, and I don't want to speak for because this is.

E

Not my area of expertise, but my understanding is that we, as the county, have a certain threshold of.

E

um Renewable energy that we have to meet and this will meet the need for that, because this would.

E

Be something that the county would be working hand-in-hand with the solar company. And so when we.

J

Start talking about these other solar facilities within the county, that has nothing to do with.

J

The county meeting: it's you, that's what you're trying to say is that right? Well, so, let's, let's.

E

Let's take this up, this particular request. What is because of that, but we should not be looking at.

E

The change to the text because the county is going to be utilizing it you have to decide if it's good.

E

For all of the employment campus districts, I would say yes, it is because this way on unusable.

E

Portions, like this piece, this was something we didn't really foresee that this, when we even.

E

Developed the employment campus district, the need for this type of solar appropriately cited so on.

E

Larger development projects which these employment campuses are situated, there will be some usable.

E

And some unusable so for the unusual portion. This is a good way to have the highest and best use.

E

Available for those lands- okay, I have to confess when I saw it, I wasn't cool with it, because.

J

That's that's. That's too strong of a state I was. I was taken aback by um you know we are. I want solar.

J

I think we all want solar at the same time, like I said before, you know when I was out of order.

J

We are we like the way our county looks, and I think everybody is mean is mainly concerned with.

J

Appearances, you know we want solar, but we don't want to lose.

J

The quality of the visual quality that is inherent to our current county, the way our.

J

Current county looks and so again I'm not against solar, but I think when it comes to.

J

Allowing for these large solar fields, we just need to be really sensitive to the citizens.

J

Desire to maintain hey, otherwise, why are we spending four million dollars a year.

J

You know preserving an ag, you know, because that that's what we think is important so again, finding.

J

That balance like like you've, you were always pointing out and saying I think that is key.

J

Hearing this explanation, I'm I'm not I'm not on the cliff that I thought of that. I thought.

J

It was on when I initially read it, because I was kind of taken aback that goodness gracious.

J

Here we go again more solar. We are going to get roasted, you know by the citizens of the county.

J

Because it's just going to be everywhere, and so um you know I'm able to walk back a little bit.

J

Now that you've explained it, so I appreciate that, but again 50 and 25 acres. I think you know when.

J

You think of 25 acres of of solar. That's a big farm! That's a big! That's! A big solar farm! For me!.

J

um And so I just kind of need to get my head around it um anyway, as I was saying earlier,.

A

Maybe we could have a it would help me if we maybe had a topic at one of our work sessions to remind.

A

Us where we allow solar for various in the various zoning, because I've forgotten and I'm just saying.

A

When I first came on, solar was a thing um and then over the years it started getting introduced and.

A

It's more prevalent and I honestly don't remember how we've evolved and where we permit solar, where.

A

We don't I'm not asking to discuss it today, certainly, but just a recap and a refresher.

A

For me would give me a broader context, sure a lot in different ways, so we allow residential for its.

E

Residential use of rooftop or ground mounted with size limitations for personal use um and.

E

Then in the commercial districts, just like we're seeing here with this employment campus proposal.

E

We allow for that energy conversion use in those districts only and in the ag district. We only.

E

Allow for community solar, and that's only on agricultural remainder, so this proliferation.

E

Could never happen as we have it currently written within our code, and we really do have it very.

E

Limited and I think very appropriately cited um the 25 acres. I know that seems big, but in really.

E

In reality and scope, it really is not that large and I'm not saying we should be like pennsylvania.

E

But there are parts where it's hundreds of acres of just solar field and and it is unfortunately.

E

We have to have energy, so it's a necessary it's necessary in order to keep driving our current.

E

Lifestyles with the energy consumption that we have in a better way, um so this is necessary that.

E

We have these, we make allowances for them and I think we're looking how to appropriately cite them.

E

It works for carroll county again, I think the ag and and unfortunately you know we are so rural, so.

E

Any piece of raw land that we have in the county is rural and agricultural in nature. Right now, but.

E

The intent for a lot of what we've been talking about is for commercial and industrial, and so we.

E

Do have to make allowances for that, and what we're saying is this would be a good way to.

E

Use unusable land, even though we don't specifically say it. No one's going to be putting.

E

Solar as a leftover on the best land for industrial commercial development, but this allows.

E

That unusable portion of those properties for a higher and better use to be put into solar and.

A

We can have a voice on that when we look at the cypress, absolutely if you're putting it right out.

C

Along the highway- and we could say why is it there and it should be maybe somewhere else and in I.

C

Would say in the future when we're doing something like this unfamiliar with that property, so I.

C

Realized that there is quite a bit of unusable, um but it might be good to have a topography.

C

Picture that we could see oh yeah, here's where so I want to be careful that, even though the request.

E

Again is because of this right: we should not be always looking up for this project. Think about.

W

Other employment campuses, so what I can come back to all with and again this is something you know.

E

That the county, um really a county, would like to move forward with this part of what we need to do.

E

But we can go over the employment campus districts where they're cited um and then talk about you.

E

Know the the greater picture at hand- um and we can have a work session about solar in.

E

General I'm happy to put something together at a future meeting. I don't think it needs to be long.

A

I mean you've done a nice recap here, but just reminding us of sure of exactly maybe what the.

A

Bulk requirements are, and things like that and not not for today. What did we.

C

Do at south carolina was that, where up on the hill, the yeah mm-hmm.

E

That was separate from that was not that agricultural. um I know you're talking. I.

E

Cannot remember exactly, but that was not a county project, so I I don't. Okay, it just came through you.

E

All as part of our planning commission process- okay, I have to admit the detail you just gave.

A

Us off the top of your head is pretty impressive, so thank you for that yeah all right, so we can.

A

Consider this think about it and then we'll have. This is just an introduction for you today to let.

E

You know that we're at our next meeting we'll be having a more robust discussion on this and.

E

Be looking for whatever recommendation you all feel is best it's good for the commissioners.

A

Thank you, um so we can close this out. I think and then ask if any general public comment.

A

Anyone would like to make hear none. I would be happy to entertain a motion that we adjourn.

J

I'll move, will you adjourn a second all in favor, aye aye? We stand adjourned. Thank you. Thank you.

A