12/9/02

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" rowspan="2" width=210 BGCOLOR="#99CC99" TEXT="#080000" bgproperties="fixed" background="0968dfc3.jpg"> <div> <A HREF="id35.htm" TARGET="_top" TITLE="Planning Commission Meeting Notes Occa"><U><B>Planning Commission Meeting Notes  - Occasional Meetings </B></U></A></div> </td> <td valign="top" colspan=2 height=130 BGCOLOR="#CCCC99" TEXT="#080000" bgproperties="fixed" background="0978dfe1esnpes.jpg"> <div> <FONT SIZE="5" COLOR="#336666" FACE="Arial" ><B>Welcome to the Web Site of Clare Whitbeck</B></FONT><B>     </B><B>|</B><B>     </B><A HREF="index.htm" TARGET="_top" TITLE="Welcome to the Web Site of Clare Whitbec"><U><B>home</B></U></A></div> <div> <A HREF="id83.htm" TARGET="_top" TITLE="11/12/02"><U>11/12/02</U></A>   |   <A HREF="id87.htm" TARGET="_top" TITLE="11/25/02"><U>11/25/02</U></A>   |   <B>12/9/02</B>   |   <A HREF="id100.htm" TARGET="_top" TITLE="1/27/03"><U>1/27/03</U></A>   |   <A HREF="id109.htm" TARGET="_top" TITLE=" 3/10/03"><U> 3/10/03</U></A>   |   <A HREF="id114.htm" TARGET="_top" TITLE="3/24/03"><U>3/24/03</U></A>   |   <A HREF="id150.htm" TARGET="_top" TITLE="9/8/03"><U>9/8/03</U></A></div> <div> </div> </td> </tr><tr> <td valign="top" height=350 colspan=2 BGCOLOR="#CCCC99" TEXT="#080000" bgproperties="fixed" background="0978dfc3.jpg"> <div> <I>12/9/02</I></div> <div> The December 9 Planning Commission (PC) was called to order at 6:33.  Jim Raley was absent.  Frank Taylor wished everyone Happy Holidays.  He began by saying there will be a change to the agenda.  He moved the public hearing on the Comprehensive Sewer and Water Plan Amendment to change the category from no planned service to S3D.  He noted that the Home Depot had been moved to a future agenda.  The minutes of the November 25 Meeting were approved.  </div> <div> The consent agenda began with the Kingston Subdivision on Medley’s Neck Road.  .  They requested final approval for 28 lots.  Grimm recommended that recreational amenities be bonded in a manner similar to the bonding of roads. The application was approved as suggested by Grimm.  Phase II of Porto Bello Estates, Section 1 was approved with condition of the community recreation facility be constructed or bonded.  </div> <div> Next came the Lexington Park Christian School for a change in the Comprehensive Sewer and Water Plan.  The project is the subject of an approved conditional use and an approved site plan which relies upon use of well and septic.  This change would allow the use of water and sewer.  Grimm reminded the PC that they had voted to place the property in the Callaway Village Center.  One condition of approval would be that it could not occur unless the property is placed in the Village Center.  The Maryland Department of the Environment cannot grant approval until the Comprehensive Plan is amended.  There will be a public hearing on Feb 10 on the amendment Callaway map.  Bob Lewis came to the table to request that the public record be kept open so that the staff report and file could be reviewed.  Mr. DiPiazzo presented a letter for the record.   The public hearing was closed and the record left open for 10 days. </div> <div> The next project was a concept site plan review for First Missionary Baptist Church.  Mr. Grimm said the new ordinance sets a maximum threshold for parking.  One can request more parking, but it must be justified and additional pervious cover can be used.  Bill Mehaffey came forward to present for the Church.  Mehaffey noted that the ordinance speaks for a maximum number of spaces and requires a pervious surface.  The church is not certain how many spaces it needs.  It will either pare back the number of spaces or furnish a justification for the pervious spaces.  For a church he said it’s one space for 3 seats in the gathering area.  The old ordinance allowed one space for 4 seats.  Tom Watts asked if the upper limit was to be reached.  Mehaffey said they did a number of spaces they thought they needed.  They have 30 more spaces in the plan than are permitted, he went on, but just the surface of the spaces would need to be changed.  Mr. Grimm asked that the PC add including “adequate public facilities” to the language.  The motion to approve passed by a unanimous vote.  </div> <div> The next item is a concept review for BJ’s Wholesale Club in First Colony.  This is an increase in size to 90,000 sq ft from 68,000 sq ft.  The 68,000 sq ft building has been approved.  Grimm said he would like to have additional language with regard to adequate public facilities.  Mr Coggins said they had a 68,000 sq ft BJ’s approved.  It would have contained 3 restaurants.  The plan they are presenting this evening is to expand the BJ’s by 22,000 sq ft and there will now be one 7,500 sq ft restaurant.  There is one area that will remain green.  They have moved the gas pumps to an exterior area.  The have parked it to code, he says and moved the gas area to a restaurant outparcel.  The question was what will you see.  There is quite a grade change from street level.  You will see the top of the BJ’s building, but you will not see a sea of asphalt.  They have designed a berm near the intersection with 235.  Jack Dowling was called to the table to explain why BJ’s is returning.  They had a change in management.  There was a new CEO.  The policy was that the 68,000 sq ft store is an incomplete store.  There would be no bakery or smokers’ area.  This is a larger store, but a scaled down version of their 120,000 sq ft store.  The had a program for a 68,000 sq ft store in smaller communities.  Now that program is gone.  If this site would accommodate it they would do a 120,000 sq ft store.  The architect showed that the building hadn’t changed.  The new plan would flip the building and it has grown by about 90 feet.   They are 40% brick.  That has been maintained despite the size of the building.   Jim Gotsch was introduced to talk about public utilities, etc.  They will get an extra EDU for the building but the total EDU’s are going down.  The restaurants are being eliminated so the total will go down.  They are decreasing the total imperviousness of the site.  The ponds are being retrofitted and the water that comes there will be less.  The green space is about two acres.  Nancy Randall from Wells Associates will compare the trip generation.  The basic change here is equal to or less than the original BJ’s.  Frank Taylor asked about the buffer and was told there is a 75 foot yard buffer from Route 4.  There is a buffer standard as part of the PUD.  There is berming to screen the cars and the parking.  They still want views into the retail center.  Larry Greenwell asked why the original building was 68,000 and was told that was their prototype for the smaller market.  He also asked why the gas pumps were moved and was told the entrance has been moved and the building expanded.  Greenwell asked if our dept has looked at the traffic impact study and was told yes.  Julie King asked how many more jobs this store would generate and was told another 10 jobs.  When she asked what kind and was told a department head and some floor help.  Lawrence chase asked about the difference between the map he had and the one on the board and was told that is an earlier version.  I asked if the pre-application plan was noticed and was told it was noticed on the radio that morning.  Mr Taylor said he thinks it meets the requirements and sees no reason why the planning commission cannot act on it.  Mr. Grimm said he would ask for something on block 500-b.  He also want the Planning Director required to meet the requirements of Chapter 70.  Mr. Grimm says this says this ordinance says that it must comply with the Adequate Public Facilities section. Taylor cross examined Grimm as to how something might undermine something in the PUD.  The PUD references the adequate facilities section of the May 13 zoning ordinance, said Grimm.  Mr. Coggins said that on Sept 29 the approval was based on an adequate public facilities plan.  He thinks Mr. Grimm is asking that the PC say it meets the adequate public facilities requirements so that all that remains is “dotting our I’s and crossing our t’s.   The plan was approved by a vote of 5 - 1 with Greenwell opposed.  </div> <div> The next case is Settlers Landing, a request for 50 acres to be developed into 381 units.  Mr. Grimm offered the reference to Chapter 70 for adequate public facilities.  Dennis Riggs made the presentation for Steffans.  Mr. Riggs said the zoning ordinance has been followed.  The zoning ordinance 02-01 covers adequate public facilities.  There are apartments and mixed used residential as well as recreational amenities.  There is a hiker biker trail along FDR boulevard.  There is a pedestrian path as a buffer between the units and the environmental features of the property.  The type of development starts with apartments for young professionals who can move up to a town home or single family home.  There is a clubhouse, pool, and gazebo as required in the PUD document.  There is an undeveloped commercial area.  They will provide emergency vehicular access to the apartments.  They will hide this by submerging PVC pipe to provide support for the emergency vehicles.  The access road will be a public right of way with private roads to access the town homes.  There will be a tot lot and a pedestrian path with access to the hiker biker path and the sports area.  The single family homes will all be on public roads.  He showed a lot of pretty pictures with big trees behind the building.  Larry Greenwell asked about the entrances for fire apparatus, whether the PVC was an approved method.  He was told yes, this is an approved method.  The apartments could be condominiums with a price of about $130,000 which would be about $1,000 a month.  The town houses could go $130,000 up to $200,000.  The price will be market driven.  The market will tell builders how to price the units.  The single family lots will be about $250,000.  Julie King asked about a typo how many units are there and was told 240.  I said that the zoning ordinance will not support approving this project until the ordinance is changed.  Mr. Norris maintained that the quantitative process is covered by the PUD, but Jon Grimm had already stated that the adequate public facilities ordinance.  The quantities must be approved then. Norris said if you think of it rationally, we are at the concept site plan position.  It doesn’t make sense to allocate seats now.  The concept plan process is just to find out what the issues are.  Frank Taylor noted that there are proposals that have been made by the PC.  This project will come under impact of whatever arises from those decisions.  Frank Taylor asked if it were necessary to set seats aside that the concept site plan time.  Norris said the final site plan approval may be denied.  Grimm said this ordinance calls for a new document that sets out a requirement for a report.  Bob Lewis came to the table.  He said he thinks it’s a nice project.  Our attorney, he said, has the opinion of Mrs. Whitbeck.  A second lawyer said he would not advise you to make a finding that you had met the findings of section 60.5.3.  Frank Taylor said it is his understanding that this project is going to hit the wall some time.  There are other things that need to be done before it will be approved.  The motion was made by John Taylor.  Julie King said she thought section 60.5.3 does not apply.  They amended the motion to read “noting that the referenced project has met all requirements for concept approval.  I move that the concept site plan be approved, subject to an administrative finding that adequate public facilities are, or will be available.”.  Then the vote was  unanimous, but the Planning Commission didn’t vote that the project met the adequate public facilities test. </div> <div> Next was Lexington Park Apartments.  Mr. Gotsch(?) came to discuss Lexington Park Apartments. Lexington Park apartments will have a pool.  They will be building an entrance to the apartment, but there will be an access road into the Pembroke subdivision.  In the first phase there are 252 units with a model in the clubhouse.  H. H. Hunt builds high quality town houses.  They are from North Carolina and looking to expand into this area.  The final development plan will include 650 apartments.  They will cross a wetland to put four units in the back section. They have a plan to take the outfall to the level of the stream.  They will be able to infiltrate the first flush.  It is will flow into a four bay, then into another pond at or below current conditions.  They have an elevation.  It was not visible from where I say.  The back and the front, he said, look similar and that will be a big seller.  Next came a color picture which Jim Nicholson brought.  HH Hunt has been in business in 1965 and currently manages a lot of units.  They do there own management.  He noted that the vacancy rate is .6%.  Rental rates are increasing at faster rate.  There will be fireplaces.  Rates will go from $890 to ?.  Frank Taylor asked how far off the road the units will be.  Jim Nicholson said they really pride themselves on landscaping.  They want it to look good.  They keep the apartments.  They want them to last forever.  F. Taylor asked how they would be oriented. Nicholson said the units on the road will have sunrooms.  Taylor said will you be looking in someone’s yard and he was told you will look in the sunrooms.  F. Taylor asked about vegetation. He said he thought the Pegg’s Road approach should be more like a parkway.  As it is you are looking a people’s heat pumps, etc.  Newer projects have berms, he noted.  Nicholson said the 75 foot buffer will be heavily planted.  There will be some berms, he added, but they don’t want to kill existing trees.  Frank Taylor said it looks nice.  Mr. Nicholson said he is more concerned than Mr. Taylor is.  Julie King noted that there is quite a bit of planting, but the landscape plan calls for deciduous trees except white plans.  He said they use holly trees.  They haven’t finished the landscape plan.  There are property inspections monthly, known in the business as drive by shootings.  Julie said she appreciates long term.  Bob Lewis noted that the Pembrook watershed is a watershed of concern.  He appreciates that the project is proposing to limit its runoff to pre constructions limits.  Toxins and thermo increases should be avoided.  Jon Grimm said if the PC felt the need to apply conditions of their review, they might want to add conditions.  I reminded the Planning Commission that Great Mills High School is over capacity.  Frank Taylor suggested that stormwater management comments from Lewis should be taken into account.  Taylor said he would entertain a motion.  Larry Greenwell moved that Lexington Park Apartments be approved noting that the objectives of section 60.5.3 had been met.  The Motion was approved.</div> <div>    </div> </td> </tr></table></body>