OFFICIAL MINUTES Carroll County Planning and Zoning Commission. February 21, 2012

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1 OFFICIAL MINUTES Carroll County Planning and Zoning Commission February 21, 2012 Location: Members Present: Carroll County Office Building Dennis Wertz, Chairman Charles M. Chadwick, Vice Chair Alec Yeo R. Wayne Barnes Richard J. Soisson Richard S. Rothschild, Ex-Officio Cynthia L. Cheatwood, Alternate The meeting opened at approximately 9:00 a.m. Present with the Commission were the following persons: Steve Powell, Chief of Staff; Philip Hager, Tom Devilbiss, Brenda Dinne, and Kelly Martin, Department of Land Use, Planning, and Development; Clay Black, Kim Brandt, Patrick Varga, Jeanne Joiner, Kathryn Bolton, and Patty Schaeffer, Bureau of Development Review; Daphne Daly and Sandy Baber, Bureau of Planning; Jay Voight, Zoning Administration; Bryan Van Fossen, Office of Public Safety; Ted Zaleski, Department of Management and Budget; Paige Sunderland, Department of Economic Development; Steve Allgeier, University of Maryland Extension; Bill Caine and Albert Eilbacher, Carroll County Public Schools; Bill Knill; David Fogle; John Nichols; Marty Hackett; Martin Rickell; Mike Fitzgerald; Keith Heindel; Al Stroud; Dean Camlin; Elinor Giardina; Karrie Guariglia; John Maguire; Ram Javia; and members of the press. APPROVAL OF MINUTES a. January 17, 2012 The minutes of January 17, 2012 were approved as distributed, on motion of Mr. Soisson, seconded by Mr. Chadwick, and carried. REPORT OF AGENCY REPRESENTATIVES: Board of Education Mr. Albert Eilbacher reviewed the School Construction Report to be presented to the Board of Education on February 22, The contractor continues to perform punch list corrections for the Hampstead Elementary HVAC Replacement project; the automated temperature controls contractor has completed modifications to the boiler sequence and control programming; modifications were performed to the dish room piping; the engineer is investigating the existing kitchen exhaust and make-up air fan sequencing. (Mr. Yeo entered the meeting.) On-grade concrete slab installations are complete for the Mt. Airy Middle Replacement project; steel erection has begun; about 198 of the 220 geothermal wells have been drilled; closure of the walking trail began on February 20 as the work for the connection of the stormwater management system started. (Commissioner Rothschild entered the meeting.) The Full Day Kindergarten Classroom Addition at Robert Moton Elementary was completed last fall; punch list items are nearly complete; still awaiting change proposal to reroute the roof drains of the secondary entrance canopy; continue to address warranty items. The Westminster High HVAC Replacement project is substantially complete; commissioning continues on the automated temperature controls; continue to work on punch list corrections. Mr. Eilbacher

2 Planning and Zoning Commission 2 February 21, 2012 reported on the following capital projects: A recommendation for approval of award of contract was made for the Freedom Elementary Roof Replacement project; this project is scheduled for construction in summer The Westminster West Middle School Roof Replacement project is being deferred until the summer of Construction document review comments for the William Winchester Elementary Roof Replacement project have been received from the Maryland School Construction Program; a response to comments is being prepared. The existing membrane of the roof over the locker rooms at South Carroll High School can no longer be repaired and must be replaced; field verification of existing conditions is complete and design drawings are under development; the project will begin this spring with the intent of completion this summer. A pre-bid meeting for the Hampstead Elementary Roof Replacement project was held on January 27; bids were opened on February 16 and are being evaluated; project is scheduled for construction in summer The Charles Carroll Elementary Feasibility Study is finalized and will be presented to the Board of Education on Wednesday; a soil analysis and percolation tests were performed on January 25 and 26. The Freedom Elementary Heat Plant Conversion project has received a recommendation for full construction funding in the FY 2013 State CIP; construction documents were delivered to the Maryland Public School Construction Program. The schematic design for the Robert Moton Elementary Open Space Enclosures project has been sent to the Maryland State Department of Education for review; the architect is in the process of preparing the design development/construction documents. The approval of the site plan for the water pumping and treatment station at Manchester Valley High is pending; additional information was requested upon initial review. Mr. Eilbacher reported on the Qualified Zone Academy Bond Program Projects as follows: approval of funding for the Chiller Replacement at South Carroll High was received on January 19; construction documents are being reviewed by the Maryland Public School Construction staff; bid opening is scheduled for March 1. Public Safety Mr. Bryan Van Fossen reported that the underground water supply tank in Uniontown has been approved and the project is moving forward; installation is expected by the end of May; the tank will be located on Uniontown Road at the intersection of Jasontown Road. Staff will be reviewing the priority list of projects relating to the need for water supply tanks for fire protection. Mr. Van Fossen mentioned that the new fire engine in Westminster has an onboard phone system which aids in communication. University of Maryland Extension Mr. Steve Allgeier introduced himself, noting that he teaches horticulture and runs the master gardener program. He mentioned that a replacement for Ms. Lothen-Kline should be on board in April. Mr. Allgeier indicated that three LCD projectors have been added to the large meeting room utilized by the public. Staff is working with the Agriculture Center to better utilize an area behind the Ag Center building. COMMISSION MEMBERS REPORTS: Chairman Mr. Wertz indicated he had nothing to report. Ex-Officio Commissioner Rothschild reported that SB 236 used to be called the Septics Bill, but now it is entitled Sustainable Growth and Agricultural Preservation Act of He stated that it is a dishonest bill that purports to protect agricultural preservation. The bill is completely silent on Best Available Technologies; it does not encourage or promote their use. The bill purports to want to save the Chesapeake Bay, but it is silent on raw sewage and silent on infiltration spills of wastewater treatment plants or those of inadequate treatment. Commissioner

3 Planning and Zoning Commission 3 February 21, 2012 Rothschild indicated the bill is silent on existing agricultural preservation programs in the State, giving no credit, recognition, or acknowledgement of our past efforts. The bill focuses on one percent of the problem. DEPARTMENT OF LAND USE, PLANNING & DEVELOPMENT STAFF REPORTS: Director Mr. Philip Hager noted that this was his first regular meeting with the Commission; he had met some of the members last week at a work session. He indicated the Commission is a very well functioning organization, not just with staff, but the Commission s relationship with the larger community they represent. Mr. Hager indicated he would make himself available to the Commission members collectively or individually if they desired. He noted that the Department had made a minor change to its letterhead, replacing the County s slogan a great place to live, a great place to work, a great place to play with a slogan more in keeping with the Department s mission: Planning a better future for Carroll County. Mr. Hager suggested that the Commission s letterhead could also be modified if there was an interest. Deputy Director Mr. Tom Devilbiss reported that he had granted five development extensions since the last meeting, including: (1) Candlelight, consisting of 34 lots located on the west side of Ridge Road in the Eldersburg area a one-year extension to March 3, 2013; (2) minor subdivision of Orchard View Estates 2 and Amended Plat of Lot 3, consisting of one residential lot, one remaining portion, and one existing lot located on the east side of Albert Rill Road in the Manchester area a one-year extension to April 23, 2013; (3) minor subdivision of Coffman Acres, consisting of one residential lot and one remaining portion located south of Sixes Bridge Road in the Taneytown area a one-year extension to April 20, 2013; (4) site plan for Nells Acres, Section 2, located on the south side of Liberty Road in the Eldersburg area a one-year extension to February 2, 2013; and, (5) second amended site plan for Summit Electric, located at Central Maryland Service and Distribution Center a two-year extension to May 3, Planning Ms. Daphne Daly updated the Commission on several Bureau of Planning projects, including: the State-required Land Preservation, Parks, and Recreation Plan which is updated every five years, making the County eligible for Program Open Space funds; the triennial update of the Water and Sewer Master Plan which was approved in December and forwarded to the Maryland Department of the Environment (MDE) for review; two amendments to the Water and Sewer Master Plan that are being processed for the spring amendment cycle; a review of the Priority Funding Area boundaries with the Maryland Department of Planning and the towns; a bicycle and pedestrian planning effort underway in the Freedom area; a planning grant that was awarded to perform a broader planning effort focusing on bicycle and pedestrian trails; and, the Maryland Department of Transportation change to their yearly cycle of submittal of transportation priorities from the Counties originally submitted in the fall, they are now due in April. Mr. Yeo questioned whether the trails grant could be utilized to complete sidewalk connections throughout the County. Ms. Daly explained that the grant, received from the Baltimore Metropolitan Council, is a planning grant, so it would only be looking at where those connections might occur. Development Review Ms. Kimberly Brandt reviewed the current proposed amendments to Chapter 71. She indicated that the Commissioners held a public hearing on the proposed

4 Planning and Zoning Commission 4 February 21, 2012 amendments on February 9. They left the record open for a 10-day period. Ms. Brandt distributed language that the EMS Work Group had developed as an additional proposed amendment to Chapter 71 to address the issue of the approaching inadequate status of several fire districts in FY11. The amendment reads: Provided the subdivision creates only lots for one- or two-family dwellings that will be constructed with an approved automatic sprinkler system in accordance with NFPA 13D, residential subdivisions do not require adequacy approval as to average response time for fire service. Ms. Brandt noted that the EMS Work Group and the Carroll County Volunteer Emergency Services Association (CCVESA) are in support of this amendment. There was a brief discussion regarding how Carroll s response times compare to surrounding jurisdictions, when a response time begins, and other options discussed by the EMS Work Group. Ms. Brandt indicated that fire service response times will continue to be tracked even though they will not be utilized in determining the adequacy of facilities CARROLL COUNTY PUBLIC SCHOOLS ENROLLMENT PROJECTIONS Mr. Bill Caine, Facilities Planner for Carroll County Public Schools, explained that the actual enrollment numbers are submitted to the State for funding purposes, while enrollment projections are utilized to determine capacity needs. He noted that copies of the enrollment projections as well as an analysis report prepared for the Board of Education, reviewing enrollment projections and trends, are available. Mr. Caine indicated there are 252 less students in the school system than last year, making it the sixth straight year for a decline in total enrollment. Projections indicate that total enrollments will continue to decline. Mr. Caine reviewed information detailing the total enrollments by grade, explaining that two main factors influence enrollment projections the number of births and net migration. He noted the number of permits issued and reviewed an historic chart regarding births. Mr. Soisson questioned how Carroll s enrollment projections compare to other counties in the jurisdiction. Mr. Caine explained that there is a declining enrollment trend statewide. FY PRELIMINARY COMMUNITY INVESTMENT PLAN (CIP) Mr. Wertz noted that staff had prepared a draft letter based on the Commission s previous discussion of the CIP. The letter finds the CIP recommendations consistent with the County Master Plan and includes recommendations regarding the Career and Technology Center and Agricultural Land Preservation. Mr. Soisson asked that Mr. Steve Guthrie, Superintendent of Schools, be copied on the letter because it references the Career and Technology Center. The Commission, on motion of Mr. Chadwick, seconded by Mr. Barnes, and carried (Commissioner Rothschild abstained), approved the letter and recommended to the Board of County Commissioners the Community Investment Plan as commented on in the letter.

5 Planning and Zoning Commission 5 February 21, 2012 FINAL SUBDIVISION PLAN REVIEW: a. F , Freedoms Grant, Phase One (Formerly Eldersburg Ventures) A. F , FREEDOMS GRANT, PHASE ONE (FORMERLY ELDERSBURG VENTURES) LOCATION: North side of Arrington Road, East side of Slacks Road, 5 th Election District OWNER: EV, LLC, Wincopin Circle, Suite 180, Columbia, MD (EV, LLC is owned by Lennar Corporation of Miami, Florida) DEVELOPER: Same as Owner ENGINEER: CLSI, 439 E. Main Street, Westminster, MD ZONING: ACREAGE: WATERSHED: R-20, acres South Branch Patapsco River NO. OF LOTS: 44 MASTER PLAN: PRIORITY FUNDING AREA: DESIGNATED GROWTH AREA: Medium Density Residential Eldersburg Freedom Mr. Patrick Varga presented the background. Action Required: Two action items are required: 1. Approval of the Final Plan of Subdivision pursuant to Chapter 103, Development and Subdivision of Land, of the Code of Public Local Laws and Ordinances of Carroll County. 2. Approval of the Final Plan of Subdivision pursuant to Chapter 71, Adequate Public Facilities and Concurrency Management, of the Code of Public Local Laws and Ordinances of Carroll County.

6 Planning and Zoning Commission 6 February 21, 2012 Existing Conditions: The subject property is unimproved. The present use is agricultural. There is 100-year floodplain in the northeast area of the property and an area of wetlands in the southeast area of the property. The property is located within existing water and sewer service areas and is impacted by a planned major street, Raincliffe Road extended. The property is bordered to the west by a church, the Sykesville American Legion, and several vacant parcels. A Maryland State Police driver training facility is located on the opposite side of Slacks Road. The Amberly development is located to the east of the property. The homes in this development were built in the early 1990s. To the south, there are several single family homes that are accessed via Arrington Road. The preliminary plan for Eldersburg Ventures was approved in February of The subdivision showed 101 lots with road connections to Raincliffe Road, Argonne Drive, and Slacks Road. Final Plan Review: The developer has proposed a 101-lot cluster subdivision. This final subdivision plan consists of 44 single-family lots. Phase two of Freedoms Grant will contain the remaining 57 lots. A conventional plan was approved by staff and the Planning Commission to establish lot yield. The proposed development is consistent with the land use designation of Medium Density Residential in the Freedom Community Comprehensive Plan. The proposed development will be served by public water and sewer. The developer will construct a pump station on the site that will be conveyed to the County. Access to this phase of the subdivision will be via an entrance on Raincliffe Road, as well as the extension of Argonne Drive. An island will be provided at the Raincliffe Road entrance, as recommended by the Planning Commission during the July 2006 concept review. Within the development, access to all lots is provided via new public streets to be constructed by the developer. The developer was required to submit a traffic impact study for this project. The following mitigation measures are required of the developer: 1. Improvement of Slacks Road from Raincliffe Road to the northern property boundary. The improvements will include a 20-foot-wide paved road surface. Slacks Road does not currently meet the minimum standards for urban local roads. This will be completed under phase two when that portion of the property is developed. 2. Provide the County with design plans for the segment of Raincliffe Road between the western property boundary and Slacks Road. These plans are included as part of the construction drawings for this plan. 3. Develop appropriate remedies and provide plans for construction to address the sight distance issue at the intersection of Buttercup Road and Raincliffe Road. A separate plan was reviewed and approved by County review agencies addressing this issue.

7 Planning and Zoning Commission 7 February 21, 2012 Construction of the segment of Raincliffe Road between the western property boundary and Slacks Road is not currently in the County s 6-year CIP. If the property that the road will cross is developed, it will be that developer s responsibility to build this segment of the road. As discussed during the presentation of the preliminary plan, there will be an initial and final intersection condition where Arrington Road and Raincliffe Road meet. Initially Raincliffe Road will T in to Arrington Road. When Raincliffe Road is extended, the roads will be realigned so Arrington Road will T in to Raincliffe Road. As part of this subdivision, Parcel A will be conveyed to the County for Arrington Road right-of-way. Sidewalk will be provided along both sides of all subdivision streets, except the north side of Innes Court. Installation of sidewalk in this area would have required grading in the stream buffer, which is not supported by staff. All sidewalk provided will be 5-feet-wide. The developer is also providing an 8-foot-wide paved trail that begins on Innes Court, passes through the open space parcels on the east side of the development (crossing Argonne Drive), and will connect to future Scotland Road in phase two of this development. An active open space/play area is planned for the area of the site opposite Argonne Drive. A gazebo and play structure are proposed for this space. Required open space for this phase is 6.87 acres; 8.82 acres of open space are provided. A credit of 1.95 acres of open space remains for phase two. The active open space required is 1.5 acres; 1.58 acres are provided. For stormwater management, drywells will be installed on all but five of the lots. The remaining five lots will achieve stormwater management through grading. An infiltration facility will be constructed on Parcel H. There are no areas of floodplain on the portion of property being developed under phase one. To address the requirements of forest conservation, 5.14 acres of forest on the site will be retained and another 2.47 acres of forest will be planted on the property. The retention and reforestation areas are primarily in the eastern area of the site where the wetlands and floodplain are located. A forested water resource protection easement will be granted to the County over the area of wetlands. Landscaping will be provided along all streets within the development and along the segment of Raincliffe Road to be constructed by the developer. Landscaping will also be installed between the stormwater management facility on Parcel H and the residences to the east and west, around the play area, and in the rear yards of many of the lots. The issue of lead contamination on the site was discussed during prior meetings. There was previously a shooting range on the property. The developer hired a consultant to perform soil tests and the area of contamination was identified. The developer will remove the lead shot and contaminated soil from the site. The Remedial Action Work Plan was approved by the Controlled Hazardous Substance Enforcement Division of the Maryland Department of the Environment in December of 2011.

8 Planning and Zoning Commission 8 February 21, 2012 The proposed subdivision was subject to citizen involvement at the May 23, 2005 and September 24, 2007 Technical Review Committee meetings. At the 2005 meeting, several citizens expressed concerns with the size of the project, the impact to area facilities, and increased traffic. Two letters submitted to the Bureau of Development Review concerning this project were received in They were provided to the Commission with the concept plan staff report and discussed at that time. No correspondence has been received since Several calls have been received regarding the availability of lots for sale in this subdivision. The preliminary subdivision plan was approved by the Planning Commission at the February 16, 2010 meeting. The meeting minutes are attached. During the meeting, there was discussion regarding the road improvements and soil contamination. Two conditions of approval from the preliminary plan have been removed. Condition 8 required the developer to provide construction plans for the remediation of sight distance issues at Raincliffe Road and Buttercup Road. The developer is not responsible for building the improvements, but was required to provide a design of the work to be completed by the County. These plans have been reviewed and approved by County staff. Condition 15 required a sign to be posted at the temporary terminus of Raincliffe Road providing notification of the future extension of the road. The construction drawings for Raincliffe Road show a timber barricade being constructed at the terminus of the road. A sign will be attached to the barricade which reads: Raincliffe Road will connect to Slacks Road upon future development. Chapter 103 Recommendations: The staff recommends approval of the final plan subject to the following conditions: 1. That the Owner/Developer enter into a Public Works Agreement with Carroll County to guarantee completion of any required improvements. 2. That a forest conservation easement be granted to the Carroll County Commissioners by a deed to be recorded simultaneously with the plat. 3. That a forested water resource protection easement be granted to the Carroll County Commissioners by deed to be recorded simultaneously with the plat. 4. That a landscape maintenance agreement be recorded simultaneously with the plat. 5. That a stormwater management easement and maintenance agreement be granted to the County Commissioners of Carroll County as an easement of access to the County Commissioners or authorized representatives by a deed to be recorded simultaneous with recordation of the subdivision plat. 6. That Loch Lomond Road, Innes Court, and the segments of Argonne Drive and Raincliffe Road shown on the plan be conveyed to the Carroll County Commissioners upon acceptance by the County. 7. That Parcel A be dedicated to the Carroll County Commissioners for road right-of-way. 8. That Parcels B, C, D, E, F, G, J and K be dedicated to a Homeowners Association with recordation of the plat.

9 Planning and Zoning Commission 9 February 21, That Parcel H be dedicated to the Carroll County Commissioners upon acceptance of the stormwater management facility. 10. That Parcel I be dedicated to the Carroll County Commissioners upon acceptance of the pump station. 11. That the improvements to Slacks Road be completed under Phase Two in conformance with the approved plans. 12. Given the scope of the project, staff recommends that the application of the sunset provision be extended to February 19, That with regard to Freedoms Grant Phase Two, the Chairperson or the Secretary of the Planning and Zoning Commission, shall be empowered to approve and sign the final plan upon confirmation from the Bureau that the plan meets all requirements of this chapter and all conditions for approval of such plat have been met. Discussion: Mr. Varga recommended that a 14 th condition be added to state that the drainage and utility easements shown on the plat be dedicated to Carroll County simultaneous with recordation. He noted that one citizen had called on Friday to express her opposition to the entire project. Ms. Kimberly Brandt presented the background. CONCURRENCY MANAGEMENT REPORT Subdivision Plan: Number of Lots: Schools: Roads: Fire and EMS: Police Services: Water: Sewer: F , Freedoms Grant, Phase One (Formerly Eldersburg Ventures) 44 lots Carrolltowne Elementary Oklahoma Road Middle Liberty High Slacks Road Sykesville Carroll County Sheriff s Office/Maryland State Police/Municipal Police Freedom Freedom

10 Planning and Zoning Commission 10 February 21, 2012 Background: When the department determined that the preliminary plan could be presented to the Planning Commission, Available Threshold Capacity forms were distributed for completion. The project was tested for schools, police, fire and EMS, roads, public water, and public sewer. Police, fire and EMS, roads, public water, and public sewer were found to be adequate at the preliminary stage. Schools were found approaching inadequate. The Planning Commission granted conditional approval of the preliminary plan under Chapter 71 at the February 2010 meeting. The preliminary plan approval letter was dated February 19, 2010, so the subdivision had a February 19, 2012 recordation deadline. A one-year extension of the recordation deadline has since been granted. For the presentation of the final plan to the Planning Commission, the schools were retested. Agency Response: Schools The Carroll County Public Schools responded that Carrolltowne Elementary, Oklahoma Road Middle, and Liberty High are adequate for FY12 through FY 17. Actual enrollment at Carrolltowne Elementary is currently 96% of capacity. The enrollment projections indicate that Carrolltowne Elementary will decline from 92% to 82% of capacity during the current 6-year CIP cycle. In the Carrolltowne Elementary attendance area there is one other residential project, consisting of 34 lots, currently in the review process. There are 180 units/lots in the Carrolltowne Elementary enrollment area that have been approved/ recorded since the adoption of Concurrency Management (3/5/98) and have not been issued a building permit. Actual enrollment at Oklahoma Road Middle is currently 93% of functional capacity. The enrollment projections indicate that Oklahoma Road Middle will decline from 100% to 90% of functional capacity during the current 6-year CIP cycle. In the Oklahoma Road attendance area 9 additional residential developments, comprised of 217 lots, are currently in the review process. There are 207 units/lots in the Oklahoma Road Middle enrollment area that have been approved/recorded since the adoption of Concurrency Management (3/5/98) and have not been issued a building permit. Actual enrollment at Liberty High is currently 109% of capacity. The enrollment projections indicate that Liberty High will range between 101 and 107% of capacity during the current 6- year CIP cycle. In the Liberty High attendance area 9 additional residential developments, comprised of 217 lots, are currently in the review process. There are 207 units/lots in the Liberty High enrollment area that have been approved/recorded since the adoption of Concurrency Management (3/5/98) and have not been issued a building permit. Recommendation: With regard to a final plan, Chapter 71-6E(4) of the Code of Public Local Laws and Ordinances of Carroll County states For projects that received a conditional approval and tentative

11 Planning and Zoning Commission 11 February 21, 2012 recordation schedule at the preliminary plan stage, the Commission shall review the facility or service which was inadequate or approaching inadequate at the preliminary plan stage and may modify the recordation schedule and building permit reservations or place the project in a queue, at the discretion of the Commission. Pursuant to Chapter 71, staff recommends that the Planning Commission approve the final plan with conditions as follows: 1. Police, fire and EMS, roads, public water, and public sewer were found adequate at the preliminary plan stage; schools are considered adequate. 2. Building permit reservations are as follows: FY12-25 lots; FY13-19 lots. The plat must be recorded prior to any permit being issued. 3. The recordation schedule requires the subdivision to be recorded by February 19, Given the scope of the project, staff recommends that the recordation deadline be extended to February 19, The building permit reservations are allowed to roll over year after year until the sunset provision takes effect and the preliminary plan becomes void. Discussion: Ms. Brandt recommended that a fifth condition be added that if schools are adequate for Phase 2 at the time it comes back for Chapter 71 review, that the Chairman or Secretary of the Commission have the authority to approve under Chapter 71. Mr. John Maguire, attorney for Lennar Homes, indicated the owner is in full agreement with the presentation by staff, with clarification that Phase 2 also receives the benefit of Condition 12 related to the application of the sunset provision being extended to February 19, Decision: In accordance with Chapter 103, the Commission, on motion of Mr. Chadwick, seconded by Mr. Yeo, and unanimously carried, approved the final plan subject to the 13 conditions contained in the staff report, making it clear that Condition 12, extending the sunset provision, be applied to Phase 2, and adding a 14 th condition that drainage and utility easements be dedicated to the County simultaneous with recordation. CONCEPT SITE PLAN REVIEW: a. S , Greater Baltimore Temple, Amended Site Plan A. S , GREATER BALTIMORE TEMPLE, AMENDED SITE PLAN LOCATION: On the southeast and southwest sides of Bloom Road, west of MD Rt. 91, 4 th Election District OWNER: Greater Baltimore Temple, Inc., P.O. Box 690, Finksburg, MD 21048

12 Planning and Zoning Commission 12 February 21, 2012 DEVELOPER: Same as Owner ENGINEER: A.L.S. Inc., 194 East Main Street, Westminster, MD ZONING: ACREAGE: FIRE DISTRICT: WATERSHED: MASTER PLAN: PRIORITY FUNDING AREA: DESIGNATED GROWTH AREA: R-40, Acres Gamber Liberty Reservoir Low Density Residential N/A Finksburg Mr. Patrick Varga presented the background. Action Required: The plan is before the Planning and Zoning Commission per Section of the Code of Public Local Laws and Ordinances of Carroll County for consideration of a concept site plan. No action is required. Existing Conditions: The subject property is improved with the existing Greater Baltimore Temple and a single family home. The Greater Baltimore Temple was built in 1998 after receiving an approval through the site plan process. The residential property was purchased by Greater Baltimore Temple in September of The two properties were consolidated in September of The properties to the northeast and southeast are zoned B-NR. The property to the northeast is the Finksburg Plaza shopping center while the property to the southeast is unimproved. The properties on the southeast side of Bloom Road are all zoned R-40,000 and are improved with single-family homes. The single-family homes on the northwest side of Bloom Road, opposite the existing residence, are zoned Conservation. The subject property and all surrounding properties are served by private wells and septic systems. Site Plan Review: The developer proposes to construct a 2,360 square-foot addition on to the rear of the residence. This structure will be used as classroom space. The owner requested a setback variance from 50 feet to 29 feet and 25 feet for the side yards. The Zoning Administrator (ZA) granted the variance and the decision is attached to this staff report. The plan shows a walkway from the existing temple to both classroom addition entrances. The addition will be 38 feet wide and 60 feet long with an eight-foot by ten-foot entrance on the back of the building. The elevations on

13 Planning and Zoning Commission 13 February 21, 2012 Sheet 6 depict a red brick building with portions of white vinyl siding. Gray architectural shingles will be used on the roof. A requirement of the Zoning Administrator s decision is that a residential appearance must be maintained for the classroom building. The existing garage will remain and the existing driveway for the residence will be repaved. The Office of Public Safety has asked that the driveway be widened so emergency services can access the classroom building. An accessible ramp is shown in the front of the building, however the Bureau of Permits and Inspections has asked that the ramp be relocated to the side of the building. This use is consistent with the 1981 Finksburg Area and Environs Comprehensive Plan land use designation of Low Density Residential. There is no floodplain on the property nor are there any surface waterways. Stormwater Management will be addressed using a drywell. Landscaping will be added in the rear of the property and a six-foot high board-on-board fence will be installed along both side property lines from the area of the existing house to the rear property corner, along with additional plant screening between the fence and the existing house corners. Forest Conservation will be addressed on-site. The proposed site plan was subject to Citizen s Involvement during the January 23, 2012 Technical Review Committee meeting. Several citizens asked questions about the project and raised concerns about lighting, landscaping, and access to the property. Per the Zoning Administrator decision, lighting will be limited to that which is required by the building code. The County Code Official has indicated that a light is required outside all exterior doors. Also limited in the ZA decision are the hours of operation, which will end at 9:00 p.m. The ZA decision requires all construction traffic to enter the site via the Greater Baltimore Temple parking lot and limited the parking next to the classroom building to one accessible parking space. The Zoning Administrator has agreed that the equipment used to repave the driveway will be able to access the property directly from Bloom Road if it is a one-day operation. One message was left for this office regarding this project. The citizen felt that the use should not be allowed and that it should remain as a residence. A return phone call to the citizen was not answered and while a message was left, no follow-up phone calls have been received. One letter was received by this Bureau. That letter and response letter are attached. Discussion: Mr. Varga distributed two additional comment letters received on Friday regarding the plan. Comments included: concerns regarding access, damage to neighboring structures caused by construction equipment, pruning of large trees along the perimeter, termite infestation issues at 2935 Bloom Road, size of the temporary sediment control fencing, defined days and hours of operation, etc. Mr. Varga suggested that many of these issues cannot be addressed by staff. Mr. Wertz asked staff to address concerns expressed in Mr. Gary Kerns letter with regard to eliminating access to Bloom Road. Mr. Varga indicated that staff did not feel it was necessary to eliminate access to Bloom Road. In fact, the Office of Public Safety has stated that the access is necessary. Commissioner Rothschild questioned whether parents would utilize Bloom Road as a primary access in inclement weather.

14 Planning and Zoning Commission 14 February 21, 2012 Mr. Varga indicated the building will serve people currently using the temple. It will not be a Monday through Friday school, but utilized a few times a month. Mr. Tom Devilbiss, Secretary, indicated that the Decision issued by the Zoning Administrator states that no access shall be made to the property from Bloom Road other than handicapped access. Mr. Jay Voight, Zoning Administrator, indicated use of Bloom Road as an access would be considered a zoning violation and could lead to revocation of the zoning certificate. Mr. Ram Javia, representative from the temple, indicated that the temple is utilized every Sunday. There are also classes held for 2-3 hours a week for children, staffed by volunteers. He indicated that temple representatives would make sure that Bloom Road is not utilized for access. Mr. Javia indicated that the entrance to the temple is closer on the temple side of the property versus the Bloom Road side. Mr. Yeo suggested the installation of signage at the Bloom Road access. Commissioner Rothschild indicated that if he voted to approve this project in the future, all entrance and egress would be through the parking lot of the temple. The access point from Bloom Road would only be utilized for emergencies or handicapped accessibility. Mr. Varga stated that because this is an amended site plan, staff would recommend that the plan come back to the Commission Chairman or Secretary for approval, rather than the full Commission. It was the consensus of the Commission to agree with staff s recommendation. In accordance with Chapter 71, the Commission, on motion of Mr. Chadwick, seconded by Mr. Yeo, and unanimously carried, approved the final plan subject to the four conditions stated in the staff report, adding a fifth condition, relating to approval of Phase 2 pursuant to Chapter 71 by the Chairman or Secretary if schools are found adequate. SPECIAL REPORT: a. P , Walnut Ridge, Section 8 A. P , WALNUT RIDGE, SECTION 8 LOCATION: OWNER: DEVELOPER: South side of Old Westminster Pike, East side of Woodside Drive, Election District 7 D&D Enterprises (David & Dale Fogle), 580 Obrecht Road, Sykesville, MD Same as Owner ENGINEER: CLSI, 439 East Main Street, Westminster, Maryland 21157

15 Planning and Zoning Commission 15 February 21, 2012 ZONING: ACREAGE: WATERSHED: R-20, acres Liberty Reservoir NO. OF LOTS: 5 MASTER PLAN: PRIORITY FUNDING AREA: DESIGNATED GROWTH AREA: Suburban Residential Westminster Westminster Ms. Kimberly Brandt presented the background. Action Requested: The developer has requested that the Planning Commission allow three of the proposed lots to be accessed from three new private driveways on Old Westminster Pike, rather than an extension of Boxwood Avenue or a use-in-common driveway extending from Boxwood Avenue. Existing Conditions: The subject property is unimproved and slopes toward Old Westminster Pike. Most of the property is covered with grass; there are small clusters of woods. The property is not in the service area for public sewer; the lots will have private septic systems. The property is in the Westminster water service area; however, the City does not have water to allocate to the development. On February 9, 2012, the Westminster Planning Commission voted to allow removal of the property from the water service area. A Water and Sewer Master Plan amendment will be presented to the County Planning Commission in March. Review History: A concept plan showing access to four of the five proposed lots via an extension of Boxwood Avenue was presented to the Planning Commission at the April 15, 2008 meeting. The remaining lot was accessed via Woodside Drive. To address the requirements of stormwater management, an infiltration facility was proposed for the east side of the cul-de-sac on Boxwood Avenue extended. The facility would be constructed by the developer and deeded to the County after a two-year maintenance period. At the January 19, 2010 meeting of the Planning Commission, a revised concept plan was presented. The extension of Boxwood Avenue was no longer proposed. One lot was accessed from the existing Boxwood Avenue cul-de-sac, which would be improved to meet the County standards for permanent cul-de-sacs. One lot was accessed from a single-use driveway on Woodside Drive. Access to the remaining three lots was shown via individual driveways on Old

16 Planning and Zoning Commission 16 February 21, 2012 Westminster Pike. Accordingly, the houses on these three lots faced Old Westminster Pike, which is consistent with the development pattern in the area. Stormwater management was to be addressed with the installation of drywells on the lots. The underground infiltration facility that was shown on the previous plan was no longer needed. Prior to submitting the revised concept plan, the developer s representative met with review staff from Development Review, Engineering, and Stormwater Management to discuss the proposed changes. The staff preferred the revised design with the driveways on Old Westminster Pike to the previous design. The Planning Commission voted 4-3 that the lots be accessed from a use-in-common driveway or an extension of the Boxwood Avenue cul-de-sac. The meeting minutes are attached. Current Request: The developer s engineer has submitted a request for reconsideration of the access issue for Lots 118, 119, and 121. The request is attached to this report. The request notes that based on direction from the Planning Commission, the preliminary design began with access being provided via a use-in-common driveway extending from Boxwood Avenue. The grading and sediment control plan for this design has been provided for the Planning Commission. The request notes that there are safety issues with the grading of the driveway. The plan shows a steep 20-foot drop along a segment of the use-in-common driveway; guardrail would be required in this area. Drainage is also a challenge with this design. A revised plan showing access from Old Westminster Pike has also been provided for consideration. In contrast to the January 2010 plan, wells are now shown on all of the lots. The lot lines have been adjusted to accommodate the wells. Recommendation: The staff continues to recommend that Lots 118, 119, and 121 be accessed from Old Westminster Pike. It is recognized that in a way this separates these three lots from the lots in Walnut Ridge; however, access from Old Westminster Pike seems to be the best option when the topography and the orientation of the existing homes are considered. A driveway on Old Westminster Pike that meets the sight distance requirements can be achieved for all three lots. Discussion: Ms. Brandt distributed a letter to the Commission that had been faxed this morning from Ms. Mina Lockard requesting that access to the lots go through the current development and not directly from Old Westminster Pike. Ms. Brandt noted that the Walnut Ridge development empties onto Old Westminster Pike, so there will be increased traffic on Old Westminster Pike due to the five houses either way. She indicated that staff feels the proposal is a better design in terms of grading and drainage. Ms. Brandt noted that almost all of the citizens that have contacted the County are opposed to new driveways onto Old Westminster Pike. Mr. Soisson indicated the existing topography does not make these houses look like part of the rest of the subdivision. He suggested that access should be from Old Westminster Pike.

17 Planning and Zoning Commission 17 February 21, 2012 Mr. Marty Hackett, CLSI, indicated the developer revisited the project after a 4-3 Planning Commission vote in He explained that Mr. Fogle purchased the property in 2005/2006 at the height of the economy. A use-in-common driveway with stormwater management facilities would cost $50,000-$100,000 with 700 feet of paving. Mr. Hackett explained that individual driveways and stormwater management facilities would be cheaper for the developer. Road improvements will still be done along Old Westminster Pike. He noted that the sight distance where the driveways are shown exceeds criteria. Mr. Hackett indicated that the entrance for Lots 118 and 120 could utilize a shared apron with individual driveways. Commissioner Rothschild mentioned the water run-off concerns expressed in Ms. Lockard s letter. Mr. Hackett indicated that the developer would have to address stormwater management issues. Public Comments: Ms. Karrie Guariglia questioned the location of the driveway which would achieve access from Woodside Drive. Ms. Brandt showed the location of the driveway and house on the plan. Mr. Wertz questioned the status of the trees along Old Westminster Pike that are mentioned in Ms. Lockard s letter. Ms. Brandt indicated the Commission had discussed the trees at their previous meeting. Utilities run through the trees which are old and damaged. They will have to be removed for the road widening that is required along Old Westminster Pike. Decision: The Commission, on motion of Mr. Soisson, seconded by Mr. Chadwick, and unanimously carried, approved access to Lots 118, 119, and 121 from Old Westminster Pike. Ms. Brandt indicated that staff would recommend that the developer submit a preliminary plan rather than coming back to the Commission with a concept plan. It was the consensus of the Commission to agree with staff s recommendation. SB236 SUSTAINABLE GROWTH AND AGRICULTURAL PRESERVATION ACT OF 2012 Ms. Brenda Dinne, Project Coordinator, indicated she had provided a brief presentation of the proposed legislation to the Commission at their work session on February 16. She reviewed several possible amendments to the legislation that have been discussed by the Septics Task Force and Maryland Department of Planning (MDP), including: requiring all new septic systems to utilize Best Available Technologies (BATs); allowing tiers to be put into place administratively, rather than by December 31 of this year; requiring that if you adopt any tiers, municipalities must adopt tiers 1 and 2, counties must adopt tiers 1, 3 and 4; legislation will not

18 Planning and Zoning Commission 18 February 21, 2012 apply to any transferrable development rights programs and would not diminish any rights therein; Maryland Agricultural Land Preservation Foundation, Rural Legacy, and Maryland Environmental Trust easements would be exempt from the bill; and, clarifying that the bill is to apply to residential development as opposed to commercial/industrial development. Commissioner Rothschild reported that he was not pleased with the Maryland Association of Counties (MACo) position on the bill, to support with amendments. Their thinking was that to outright oppose the legislation would not have allowed them to participate in the discussions to amend the legislation. He suggested another category: to support, pending amendments. The Commission members discussed sending comments suggesting a relaxation in the time element, opposing the bill until or unless some of the MACo amendments and other concerns have been addressed, and not going down on record to support the bill at any level. They suggested the State focus on other areas producing a higher percentage of nitrate levels, like inadequate sewage treatment, sewage overflows, the Susquehanna, etc., rather than individual septic systems. Mr. Yeo suggested a comment letter that addresses the things that the County has already done to reach the goal and things that would be done if funding was available. Mr. Hager stated that Carroll County is already committed to saving the Chesapeake Bay. This bill takes the decision making ability out of the hands of the County Commissioners and Planning Commission and places it in the hands of the State. PUBLIC COMMENTS Ms. Karrie Guariglia questioned how the septic bill relates to farmers and how it affects farmers selling their property. Mr. Chadwick responded that the septic bill will severely impact farmers and their ability to sell their land. He noted that the person buying the farm is generally looking at the available development rights. This bill severely impacts the number of houses that can be built. Ms. Guariglia stated that would devalue the farm. Mr. Devilbiss indicated it would vary from property to property. He asked staff to meet with Ms. Guariglia to further discuss the legislation. Mr. Wertz was not present for the remainder of the meeting. WORK SESSION 2012 CARROLL COUNTY MASTER PLAN UPDATE Mr. Chadwick asked how the Commission would like to address the received from Ms. Jean Knill, Secretary, Greater Taylorsville Area Citizens Council, requesting that any review of land use designations in the Taylorsville area be scheduled for an evening session. Mr. Bill Knill was in attendance along with other members of the Greater Taylorsville Area Citizens Council. He asked that the Commission move forward with their discussion of the Taylorsville area.

19 Planning and Zoning Commission 19 February 21, 2012 The Commission reviewed potential properties along MD 27 to MD 26. They discussed the lack of water and sewer service, the residential development in the area, the size of the properties, etc. Mr. Knill cautioned the Commission that it seemed they were still going in the direction of the Pathways Plan. Mr. Devilbiss questioned whether the Council was against any employment development in the Taylorsville area. Mr. Knill stated that the Council is against any large scale development that encompasses a large portion of Taylorsville. They would be agreeable to the types of businesses that serve the area. Mr. Knill explained that the Council looks at Taylorsville as a rural community, and we would like to keep it that way. Mr. Devilbiss questioned Economic Development staff as to the potential they see in the Taylorsville area. Ms. Paige Sunderland indicated that Taylorsville does have proximity to I-70, and is better suited to an office-type environment. The Commission briefly mentioned the possibility of creating a lower intensity use more suited to a rural village town center. Ms. Daly noted that the Council had previously sent a request to staff to consider a zoning district that might address the unique conditions in the rural villages. Mr. Yeo suggested limiting the proposed uses for an area by developing categories for areas 1-5, with 5 being most intensive (i.e., Home Depot) and 1 being minimally intensive (i.e., a person selling insurance). The Commission would assign allowable uses to each category. The Commission determined that an area approximately one-half mile from the center of the crossroads would be labeled for further study. Additionally, the area west of the crossroads beyond this point will not be considered now or in the future for employment development. The Commission continued its review of land east of MD 27 along MD 26 to the Winfield area and also reviewed land near existing commercial/industrial designations in the Hoods Mill area. Land near the intersection of MD 26 and MD 97 was also considered. Several areas were earmarked for further study. Mr. Chadwick requested that staff make the appropriate Commissioner aware when his/her District area is being reviewed for economic/employment designations, so they could participate in the discussion. The meeting adjourned at approximately 3:55 p.m. Secretary Approved