OFFICIAL MINUTES Carroll County Planning and Zoning Commission. January 17, 2012

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1 OFFICIAL MINUTES Carroll County Planning and Zoning Commission January 17, 2012 Location: Members Present: Members Excused: Carroll County Office Building Dennis Wertz, Chairman Charles M. Chadwick, Vice Chair Melvin E. Baile, Jr. 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; Tom Devilbiss, and Kelly Martin, Department of Land Use, Planning, and Development; Gail Kessler, Department of the County Attorney; 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; Bryan Van Fossen, Office of Public Safety; Ted Zaleski, Department of Management and Budget; Denise Beaver and Paige Sunderland, Department of Economic Development; Jeff Degitz, Recreation and Parks; Jason Van Kirk; Phil Dorsey; Randy Bachtel; Rob Vogel; Michael Pfau; Neal Roop; and members of the press. APPROVAL OF MINUTES a. December 20, 2011 b. January 9, 2012 The minutes of December 20, 2011 and January 9, 2012 were approved as distributed, on motion of Mr. Barnes, seconded by Mr. Soisson, and carried. REPORT OF AGENCY REPRESENTATIVES: Public Safety Mr. Bryan Van Fossen reported that the dry hydrant project in Harney is still in the re-design phase; the construction estimates had come in too high, so the project was designated for re-design. He noted that the Fire and Emergency Services workgroup was scheduled to meet on Thursday to discuss adequacy standards. Mr. Van Fossen indicated that the Carroll County Volunteer Emergency Services Association was scheduled to meet Thursday night for their Master Plan committee meeting. Board of Education No report given; no representative present. Recreation and Parks Mr. Jeff Degitz reported on the Name your New Park contest for a 32- acre park purchased in the Westminster area. Over 200 entries, consisting of over 56 different names, were submitted. Mr. Degitz indicated a meeting was scheduled for Thursday in South Carroll to discuss trails in the community. He updated the Commission on the status of capital projects, including the renovation of electrical service to the farmhouse at the Farm Museum;

2 Planning and Zoning Commission 2 January 17, 2012 renovations to the first bridge at Bennett Cerf Park, renovations to the second bridge will be ongoing, a walking trail was added to the park, and playground equipment was added. COMMISSION MEMBERS REPORTS: Chairman Mr. Wertz indicated he had nothing to report. Ex-Officio Commissioner Rothschild reported that the Republican National Committee has issued a formal resolution condemning United Nations Agenda 21. He read portions of the Resolution. Vice Chairman Mr. Chadwick reported that in the Chairman s absence, he had approved a minor subdivision creating two lots and a remainder. Melvin Baile indicated that several residents in the Taneytown area had contacted him regarding a project located off of Roop Road. He explained that a 40-acre lot was created, contrary to Chapter 103, and the project was not brought before the full Commission for review. Mr. Baile provided additional details regarding the project and questioned why residents were not provided an opportunity to comment on the project. Mr. Clay Black, Bureau of Development Review, explained that as a minor subdivision in the agricultural district, the plan was approvable by Chairman Wertz. He indicated it was a nonresidential agricultural piece of property. The 40-acre tract is being utilized for an agricultural use, as determined by the Zoning Administrator. Mr. Black explained the 40-acre nonresidential agricultural lot is in compliance with the Rural Development Guides and Standards. Mr. Baile questioned how the original owner was able to retain development rights. Mr. Black explained that there was a one-lot subdivision which was approved. In the agricultural district, you do not have to show your entire development plan at one time and offconveyances were permitted. Mr. Baile suggested that a project this unique should come before the entire Commission for review and approval. Mr. Black noted that the use is a principle permitted agricultural use. Mr. Wertz suggested that in the future he needs to be advised when projects are controversial in nature, so they can be reviewed by the full Commission. DEPARTMENT OF LAND USE, PLANNING & DEVELOPMENT STAFF REPORTS: Acting Director Mr. Tom Devilbiss reported that he had granted two extensions since the last meeting, including: a second one-year extension for Abbott Acres in the Finksburg area, consisting of 7 new lots and 3 existing dwellings; and, a third one-year extension of a site plan for St. George s Episcopal Church on Cape Horn Road. Mr. Devilbiss indicated the Commission had been forwarded the proposed guidelines distributed by the State for PlanMaryland. He noted that staff would be moving forward with the review process with the local jurisdictions. Mr.

3 Planning and Zoning Commission 3 January 17, 2012 Devilbiss indicated he would place this item on the Commission s February agenda for further discussion. NEW CAPITAL PROJECT FOR WINFIELD AREA RECREATION FIELD Mr. Ted Zaleski, Department of Management and Budget, indicated that occasionally it is necessary to create a capital project outside of the normal process. He explained that the County had an opportunity to purchase a piece of property in the Winfield area that was made available to the recreation council for some fields. Administratively, staff needs the capital project to tie to the purchase. Mr. Zaleski explained that the Commission is being asked to approve the creation of a project out of cycle. Mr. Barnes questioned the cost of the project. Mr. Zaleski indicated the cost was $203,259. Mr. Soisson questioned whether that amount was to purchase the land. Mr. Zaleski indicated the money was to purchase the land; it was not a project the County was developing. Mr. Soisson questioned whether Program Open Space (POS) Funds would be utilized. Mr. Zaleski indicated $190,000 in POS funds would be utilized. Mr. Jeff Degitz, Recreation and Parks, explained that the land consists of approximately nine acres directly opposite Winfield Elementary School. He indicated that two to three ballfields would be located at this site. Commissioner Rothschild suggested that staff provide some background information to the Commission regarding a Streaker Road project. Mr. Degitz explained that some time ago several County owned parcels were made available to the recreation councils for them to utilize as fields, etc. One of those parcels was a 17-acre site on Streaker Road. The road access to the site was not great, and there were neighbors on both sides. The recreation council was concerned about the impact on the neighbors, and the neighbors were concerned about the impact of the fields. During public meetings that were held, a suggestion was made that the County sell that parcel and look to purchase another site for the fields. That is when the nine-acre parcel was found on Salem Bottom Road. While it is a smaller parcel, the recreation council will get more use from this site. Mr. Barnes questioned whether the Streaker Road parcel had been sold. Mr. Degitz indicated it had not yet been sold. Mr. Wertz questioned the impact on the neighbors at the Salem Bottom Road site. Mr. Degitz indicated there is good screening on both sides of the property and there would be limited impact to the adjacent parcels. The road access is much better to this site.

4 Planning and Zoning Commission 4 January 17, 2012 Mr. Soisson questioned whether the County had considered using the money from the sale of the Streaker Road property to purchase the Salem Bottom Road property rather than utilizing POS funds. Mr. Zaleski indicated the Streaker Road property had not yet been sold. After additional discussion, Mr. Zaleski asked the Commission to approve the creation of an out of cycle CIP project. The Commission, on motion of Mr. Barnes, seconded by Mr. Yeo, and unanimously carried, approved the request. FY13 PRELIMINARY CIP OVERVIEW Mr. Ted Zaleski, Department of Management and Budget, explained that the preliminary recommended Community Investment Plan (CIP) as presented is fiscally feasible within the resources available to the County, and will be the starting point for discussions with the Board of County Commissioners. It is the current Board s desire to reduce the level of capital expenditures, and the focus of the Plan is maintaining our infrastructure. Mr. Zaleski reviewed several Board of Education (BOE) requests that were not incorporated in the plan, including: replacement for Career and Technology Center, modernization of several schools, and full-day kindergarten additions. Mr. Barnes questioned the status of the Charles Carroll Elementary School. Mr. Zaleski indicated that the Board of Commissioners had requested a feasibility study based on BOE requests for HVAC and roof replacement projects. The results of this study should be available next month. He noted that other projects not recommended in the plan, include: a minimum security facility, Carroll Community College parking lot, Circuit Court jury courtroom, Humane Society improvements, etc. Mr. Zaleski highlighted four new projects that were included: replacement of fences at the Farm Museum and Sports Complex, seized vehicle lot for the Sheriff s Office, and Westminster Library improvements. The FY13 CIP total is $57.6 million, while the six-year CIP totals $318 million. Mr. Zaleski noted the addition of two projects in the Enterprise Fund, including capping cells 1 and 2 at the Northern Landfill and replacing the landfill office facility. Mr. Wertz asked Mr. Zaleski to review the role of the Planning Commission in this process. Mr. Zaleski explained that the Commission will be asked to provide a letter certifying that the CIP is consistent with the Carroll County Master Plan and providing recommendations regarding the projects. He indicated he would be meeting with the Commissioners regarding the CIP in early March. Mr. Yeo questioned the expected cost of the Mount Airy Middle School project. Mr. Zaleski indicated the cost was approximately $30 million. Mr. Yeo questioned why the cost of the Westminster West Middle remodernization project was $58 million.

5 Planning and Zoning Commission 5 January 17, 2012 Mr. Zaleski explained that the student population at West Middle is approximately 1,000 students which makes it a significantly larger school. Mr. Yeo questioned the status of the fire alarms that were requested for replacement but are not being funded. Mr. Zaleski indicated that the current alarms are functioning; these upgrades are not necessary in order for there to be a fire alarm. He noted that because the Board of Education understands it will not receiving funding for all the modernization requests, pieces of modernization are also being requested on a parallel tract. Mr. Wertz indicated that the Commission had considerable concerns last year regarding funding for agricultural land preservation. Mr. Zaleski indicated that the preliminary recommendations continue the funding that was in place last year. Mr. Baile expressed concern regarding the trend in agricultural land preservation funding between , particularly with the Installment Purchase Agreement (IPA) program. Mr. Zaleski indicated that the apparent decline reflects the payments that need to be made for the previous agreements that have been signed. Mr. Soisson discussed the need for the new Career and Technology Center. Although it is a big ticket item, it is something that needs to be considered in the future. Not everyone goes to college, and improvements are needed to the existing facility. Mr. Soisson suggested that a new Career and Technology Center would also help the County with regard to economic development. Mr. Baile and Mr. Barnes expressed their support of the Career and Technology Center. Mr. Soisson also suggested that consideration should be given to providing funding for technology improvements to schools, libraries, and the Carroll Community College. Mr. Chadwick questioned whether the Board of County Commissioners were moving forward with the airport expansion project and how that project might affect this budget. Mr. Zaleski indicated that the County portion of the airport expansion project is relatively small because 95 percent would be funded by the Federal Aviation Administration and 2.5 percent would be funded by the Maryland Aviation Administration. The Airport Enterprise Fund would be responsible for the other 2.5 percent. Mr. Baile expressed concern that the County is reducing its debt at the expense of maintaining infrastructure. Mr. Wertz indicated that discussion and approval of a recommendation letter would be scheduled on the February agenda.

6 Planning and Zoning Commission 6 January 17, 2012 Mr. Neal Roop, Carroll County Volunteer Emergency Services Association, questioned the status of adding the training center renovations project into the CIP. Mr. Zaleski indicated money had already been budgeted for this project. FINAL SUBDIVISION PLAN REVIEW: a. F , Candle Light A. F CANDLE LIGHT LOCATION: West side of Ridge Road, south of Marvin Avenue, Election District 5 OWNER: Michael L. Pfau, 3675 Park Avenue, Ellicott City, MD DEVELOPER: Trinity Homes, 3675 Park Ave., Suite 301, Ellicott City, MD ENGINEER: ZONING: ACREAGE: Robert H. Vogel Engineering, Inc., 8407 Main Street, Ellicott City, MD R-10, acres NO. OF LOTS: 34 WATERSHED: MASTER PLAN: PRIORITY FUNDING AREA: DESIGNATED GROWTH AREA: Liberty Reservoir High Density Residential Eldersburg Freedom Mr. Patrick Varga presented the background. Action Requested: Two action items are requested: 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.

7 Planning and Zoning Commission 7 January 17, 2012 Existing Conditions: The subject property is comprised of three parcels in one deed. The property is improved with a single-family home. To the south is the Harvest Farms Subdivision. The Ridgely Park subdivision is located to the northeast. To the northwest is the Marvin Gardens retirement community. The property is currently served by a well and septic that will be abandoned. Final Plan Review: The developer proposes to build 34 single-family houses on lots ranging in size from 10,175 square feet to 17,810 square feet. The property is located in the Freedom Community Planning area. The proposed use is consistent with the land use designation of High Density Residential in the Master Plan. The development will be served by Freedom water and sewer service. Lots 1 and 2 will be accessed from Mount Denali Road, a new County road to be constructed between the existing Marvin Avenue and the extension of Monroe Avenue, west of Ridge Road. Lots 3 through 12 will access Marvin Avenue. Lots 11 and 12 will share a driveway apron and will have a 30 foot wide use-in-common easement for ingress and egress. Lots 13 through 34 will access Monroe Avenue. As Monroe Avenue is planned to eventually connect to Macbeth Way, a temporary barricade will be constructed at the terminus of Monroe Avenue. The developer will dedicate road frontage on Ridge Road and Marvin Avenue, in addition to dedicating Mount Denali Road and Monroe Avenue extended. All County roads will be improved with vertical curbs. A sidewalk is proposed on both sides of Monroe and Mount Denali Road. Sidewalk will be built along the subject property s side of Marvin Avenue as well. Sidewalk is proposed along the entire frontage of Ridge Road. Sidewalk on Ridge Road will also be built north of the subject property where County right-of-way exists. An existing storm drain pipe will be replaced on the east side of Ridge Road in the Quail Meadow subdivision. The pipe location will not change, but the pipe will be enlarged. The pipe is within a drainage and utility easement and the outfall location will not change. The water eventually enters an existing stormwater management facility in Quail Meadow. The Bureau of Development Review contacted the Quail Meadow Homeowners Association about the proposed pipe enlargement. A representative of the HOA responded to our engineering reviewer with questions regarding the process and the timeline of construction. Landscaping will be planted along Monroe Avenue, Marvin Avenue, and Mount Denali Road. Lots 1, 2, 3, 12, 13 and 22 have additional shrubs planted on them. To address the requirements of Forest Conservation, 2.72 acres will be banked off-site. Rooftop runoff will be conveyed to a downspout drywell on each lot. In addition to the individual drywells, SWM parcels are located directly southwest of Ridge Road. The SWM parcels will infiltrate the runoff, which addresses Water Resource Management for a surface watershed. There is no floodplain on the property. The subdivision plan was subject to citizen involvement. Technical Review Committee meetings were held on January 30, 2006, August 28, 2006 and September 24, The preliminary plan was approved by the Planning and Zoning Commission on February 17, The minutes from that meeting are attached. The discussion at that time was about curbing

8 Planning and Zoning Commission 8 January 17, 2012 specifications and the extension of Monroe Avenue. One citizen contacted this office since the preliminary plan was approved. Her correspondence is attached. Chapter 103 Recommendation: Staff recommends approval of the plan subject to the following conditions: 1. That the Owner/Developer enter into a Public Works Agreement with Carroll County that guarantees completion of any required improvements. 2. 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 plat. 3. That the areas shown as Parcel A and Parcel B be conveyed to the County Commissioners of Carroll County upon acceptance of the facility by the County. 4. That a Landscape Maintenance Agreement be recorded simultaneously with the Public Works Agreement. 5. That Monroe Avenue be dedicated to the County Commissioners of Carroll County upon acceptance by the County. 6. That Mount Denali Road be dedicated to the County Commissioners of Carroll County upon acceptance by the County. 7. That the area shown as Parcel C along Ridge Road be conveyed to the County Commissioners of Carroll County for right-of-way simultaneous with recordation of the subdivision plat. 8. That the area shown as Parcel D along Marvin Avenue be conveyed to the County Commissioners of Carroll County for right-of-way simultaneous with recordation of the subdivision plat. 9. That a Declaration of Maintenance Obligations for the use-in-common driveway be recorded simultaneous with recordation of the subdivision plat. 10. That any area labeled as a public drainage and utility easement be granted to the County Commissioners of Carroll County by deed to be recorded simultaneous with recordation of the subdivision plat. 11. That any area labeled as a private drainage and utility easement be granted to the Candle Light Homeowners Association by deed to be recorded simultaneous with recordation of the subdivision plat. 12. That the area shown as Proposed Water, Sewer, and Utility Easement be granted to the Carroll County Commissioners of Carroll County by deed to be recorded simultaneous with recordation of the subdivision plat.

9 Planning and Zoning Commission 9 January 17, That the areas shown as Easement for Construction, Maintenance, and Removal of Temporary T-Turnaround for Monroe Avenue be granted to the County Commissioners of Carroll County by deed to be recorded simultaneous with recordation of the subdivision plat. Ms. Kimberly Brandt presented the background. CONCURRENCY MANAGEMENT REPORT Subdivision Plan: Number of Lots: Schools: Roads: Fire and EMS: Police Services: Water: Sewer: F Candle Light 34 lots Carrolltowne Elementary Oklahoma Road Middle Liberty High Ridge Road, Marvin Avenue, Monroe Avenue Sykesville Carroll County Sheriff s Office/Maryland State Police/Municipal Police Freedom Freedom 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, public water, and public sewer were found to be adequate at the preliminary stage. Schools and roads were found approaching inadequate. The Planning Commission granted conditional approval of the preliminary plan under Chapter 71 at the February 2009 meeting. The preliminary plan approval letter was dated March 3, 2009, so the subdivision had a March 3, 2011 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, schools and roads were retested. Agency Responses:

10 Planning and Zoning Commission 10 January 17, 2012 Schools: The Carroll County Public Schools responded that Carrolltowne Elementary and Oklahoma Road Middle are adequate for FY12 through FY 17. Liberty High is approaching inadequate for FY 12, and adequate from FY 13 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 101 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 227 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 110% of capacity, which is considered approaching inadequate. 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 227 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. Roads: The Engineering Reviewer responded that the applicable levels of service are as follows: Ridge Road, minor arterial road - LOS D - approaching inadequate Marvin Avenue, urban local road - LOS A adequate Monroe Avenue, urban local road - LOS B adequate As was noted in the preliminary plan staff report, the developer will be adding a lane to Ridge Road along the frontage of the site and making geometric improvements to the intersection of Ridge Road and Marvin Avenue. Staff 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 recordation schedule at the preliminary plan stage, the Commission shall review the facility or

11 Planning and Zoning Commission 11 January 17, 2012 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 conditionally approve the final plan with conditions as follows: 1. Police, fire and EMS, public water, and public sewer were found adequate at the preliminary plan stage; schools and roads are considered approaching inadequate. 2. Building permit reservations are for 17 lots in FY 12 and 17 lots in FY The recordation schedule requires the subdivision to be recorded by March 3, 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: Mr. Wertz questioned whether the Commission had the authority to change the March 3, 2012 deadline. Ms. Brandt explained that the Commission could change the March 3, 2012 recordation deadline. Mr. Yeo questioned the anticipated construction start. Mr. Michael Pfau, developer, indicated they would like the deadline to be extended for months. Decision: In accordance with Chapter 103, the Commission, on motion of Mr. Yeo, seconded by Mr. Chadwick, and unanimously carried, approved the final plan subject to the 13 conditions outlined in the staff report. In accordance with Chapter 71, the Commission, on motion of Mr. Yeo, seconded by Mr. Chadwick, and unanimously carried, conditionally approved the final plan as outlined in the four conditions in the staff report, revisiting the recordation schedule in Condition 3 requiring the subdivision to be recorded by September 3, Mr. Yeo indicated to the developer and engineer that he would be interested in having an outline of the challenges that had to be worked through during their development review process so that the Commission can consider them. Mr. Robert Vogel, engineer, indicated he felt the process went fairly well. He acknowledged that part of the challenge was that they were not the original engineer, and County staff changed throughout the process. Mr. Vogel stated that County staff were very helpful in shepherding them through the process.

12 Planning and Zoning Commission 12 January 17, 2012 SPECIAL REPORT: a. P , The Estates at Liberty Reservoir A. P , THE ESTATES AT LIBERTY RESERVOIR LOCATION: Located on the east side of Mineral Hill Road, opposite the terminus of Oklahoma Road; Election District 5 OWNER: Dorsey Builders, Inc., Old Frederick Road, Sykesville, MD DEVELOPER: Elm Street Development, c/o Jason S. Van Kirk, 5074 Dorsey Hall Road, Suite 205, Ellicott City, MD ENGINEER: BPR, Inc., 150 Airport Drive, Suite 4, Westminster, MD ZONING: ACREAGE: R-20,000, Conservation acres NO. OF LOTS: 37 WATERSHED: MASTER PLAN: PRIORITY FUNDING AREA: DESIGNATED GROWTH AREA: Liberty Reservoir Medium Density Residential, Conservation Outside Freedom Mr. Patrick Varga presented the background. Action Requested: The owner of The Estates at Liberty Reservoir property would like to have the houses proposed for the lots along Mineral Hill Road facing the interior of the development rather than Mineral Hill Road. He has asked that this issue be placed on the Planning Commission agenda for discussion. If the Planning Commission supports the change in orientation, a revised preliminary plan will be submitted for limited staff review and Planning Commission approval. Review History: The preliminary plan for The Estates at Liberty Reservoir was approved at the October 19, 2010 meeting of the Planning Commission. The meeting minutes are attached. The approved plan shows a total of 37 lots, 16 of which are located along Mineral Hill Road. The houses on these lots are shown facing Mineral Hill Road, but none of the lots has a driveway onto Mineral Hill Road. The lots are accessed from roads, one private and one public, that run along the back property lines.

13 Planning and Zoning Commission 13 January 17, 2012 Current Request/Findings: The owner has proposed orienting the 16 houses along Mineral Hill Road to the interior of the development. A six-foot fence centered on the top of a berm and a mix of evergreen and deciduous landscaping would be installed along Mineral Hill Road to screen the back yards. The owner has noted that the approved orientation and access create a situation where the back of the house functions like the front, i.e. the residents and their guests approach and enter the house from the back. He has been advised by individuals working in real estate that prospective buyers will find this arrangement objectionable. The issue of house orientation was discussed during the concept plan review, which occurred at the February 17, 2009 Planning Commission meeting. The meeting minutes are attached to this report. One member of the Planning Commission expressed a preference for internal orientation; two members of the Planning Commission stated that they preferred orientation toward Mineral Hill Road. Staff noted that the neighbors across the street were concerned about having to look at the backs of homes and various fences. Staff members have visited a constructed development in Glyndon, Maryland similar to what is shown on the approved preliminary plan. The houses face the main road and access is provided from a street that runs along the back property lines. The impression is that while this orientation is atypical, it is preferable to having the backs of the houses along the main road. A resident who spoke with staff commented that she preferred her back yard away from the main road, as there is less noise and greater privacy. There is a swale shown along Mineral Hill Road that conveys runoff to inlets that will be constructed as part of this development. Staff has concern that the berm, fence, and landscaping will take up a substantial portion of an already crowded half-acre lot. In their review of The Estates at Liberty Reservoir, Engineering noted inadequate sight distance at the Oklahoma Road intersection. Mineral Hill Road is a minor collector. While it is preferable for lots to be accessed by interior subdivision streets, direct access to Mineral Hill Road is not prohibited provided sight distance requirements are met. Shared driveways along Mineral Hill Road could address the owner s preference for residents and their guests to approach the houses from the front. Due to sight distance restrictions, this option may require use-in-common driveways running along the front of the lots. As has been noted, with a change in orientation a revised preliminary plan would be required. Likewise, changing access to shared driveways extending from Mineral Hill Road would require submittal of a revised preliminary plan for limited staff review and Planning Commission approval. Discussion: Mr. Jason Van Kirk, contract purchaser, distributed photographs to the Commission to help identify the type of houses with garages that are part of the housebox that are planned for the project. The developer explained that front access with houses facing toward Mineral Hill Road could be accomplished utilizing shared driveways at the three access points along Mineral Hill Road that have adequate sight distance.

14 Planning and Zoning Commission 14 January 17, 2012 Mr. Randy Bachtel, BPR, explained that when the previous plan was reviewed, the Commission would not allow the developer to utilize use-in-common driveways. He noted that if the developer was permitted to utilize use-in-common driveways from the three access points with adequate sight distance on Mineral Hill Road, the houses could face toward Mineral Hill Road. Mr. Bachtel requested direction from the Commission regarding the utilization of use-incommon driveways. Mr. Varga questioned whether the Commission was comfortable with Mr. Wertz, as Commission Chairman, approving the revised preliminary plan without the project coming back before the full Commission. Mr. Chadwick made a motion, which was seconded by Mr. Barnes, and subsequently withdrawn. Decision: Pursuant to Chapter 103, the Commission, on motion of Mr. Soisson, seconded by Mr. Barnes, and unanimously carried, approved access to the houses from Mineral Hill Road from single-use drives and use-in-common driveways and the Commission Chairman, Planning Director, or Acting Director may approve the preliminary and final subdivision plans for the Estates at Liberty Reservoir subject to staff approvals. PUBLIC COMMENTS There were no public comments. REVISED BUILDABLE LAND INVENTORY Ms. Daphne Daly, Bureau of Planning, noted that the last complete update of the Buildable Land Inventory (BLI) was done in The BLI is used to determine the number of residential and non-residential opportunities that are available. Ms. Daly reviewed the purpose and use of the BLI. She explained that the appendices in the report provide exhaustive information regarding how these numbers have been derived. Ms. Daly noted that these numbers are planning numbers to provide a general idea of what might occur. She explained that the numbers she was presenting are medium range estimates, but low and high numbers are provided in the appendices. Ms. Daly indicated that the full BLI will be available on the website in the next few weeks. Hard copies will be available upon request. WORK SESSION 2012 CARROLL COUNTY MASTER PLAN UPDATE Before the work session began, Mr. Tom Devilbiss, Secretary, reviewed the role of the Planning Commission in the Community Investment Plan based on Article 66B. He asked Ms. Daly to address some questions raised during the Buildable Land Inventory (BLI) discussion. Ms. Daly provided additional information regarding some questions that were posed during the BLI discussion. She indicated that 5,100 acres are currently zoned industrial; 2,800 acres are zoned commercial. Ms. Daly explained that the BLI lists the amount of that acreage that has some development potential: 2,100 acres of industrially zoned land and approximately 700 acres of commercially zoned land the balance has been developed.

15 Planning and Zoning Commission 15 January 17, 2012 Ms. Daly distributed a chart detailing how she had arranged the potential criteria for locating additional economic development opportunities that the Commission had developed into three categories: opportunities, challenges, and constraints. Opportunities were mapped in green, challenges were mapped in yellow, and constraints were mapped in red. Different criteria layers were turned on and off at the request of the Commission. Mr. Devilbiss noted that development within the towns or within designated growth areas is covered under other community comprehensive plans. He indicated these plans would need to be updated or requested for update if opportunities for employment uses were found. There was considerable discussion regarding how to proceed with the review of the entire County and whether to do a test area and take that area to the public for comment. The Commission decided to begin its grid by grid review of the County at the next work session scheduled for Monday, January 30, The meeting adjourned a approximately 3:45 p.m. Secretary Approved