Public Hearing
Tuesday, December 13, 2016 - 7:00pm to 10:00pm

Agenda

FIVE HUNDRED FORTY-FOURTH MEETING

TUESDAY–DECEMBER 13, 2016– 7:00 P.M.

AGENDA

 

PLEASE NOTE: If you wish to be heard at this meeting please sign the speaker list provided on the table at the side of the Council Chamber.  The Chairman reserves the right to limit the amount of time each speaker has for each agenda item.

 

  1. Roll Call
  2. Approval of Minutes from the November 15, 2016 meeting
  3. Special Exception Application No. 867- 319 Main Street, filed by T-Mobile for recommendation to the Board of Appeals
  4. Final Forest Conservation Plan Application Millbrook Woods- Dorset Road, filed by Brookfield Washington, LLC.
  5. Public Hearing on Application
  6. Final Action by the Planning Commission
  7. Action on Resolution No. 16-10-PC
  8. Final Record Plat Application Millbrook Woods- Dorset Road, filed by Brookfield Washington, LLC.
  9. Public Hearing on Application
  10. Final Action by the Planning Commission
  11. Action on Resolution No. 16-09-PC
  12. Final Site and Landscape Plan Application Millbrook Woods- Dorset Road, filed by Brookfield Washington, LLC.
  13. Public Hearing on Application
  14. Final Action by the Planning Commission
  15. Action on Resolution No. 16-08-PC
  16. Final Site and Landscape Plan Application- 8499 Cherry Lane- Towne Centre at Laurel, AAA Car Care Facility, filed by AAA Mid-Atlantic
  17. Public Hearing on Application
  18. Final Action by the Planning Commission
  19. Action on Resolution No. 16-11-PC
  20. Map Amendment Application No. 866- West Side Parcel and State Highway Administration (SHA) Property, filed by Strittmatter Land, LLC. and SHA, for recommendation to the Mayor and City Council
  21. Amended Site and Landscape Plan Application- 310 Second Street, filed by Vannarata Chea
  22. Public Hearing on Application
  23. Final Action by the Planning Commission
  24. Action on Resolution No. 16-07-PC
  25. Text Amendment No. 243 (Ordinance No. 1897)- An Ordinance amending the City of Laurel Unified Land Development Code (ULDC), Article I “Zoning” Division 5 “Zoning Districts”, Section 20-9.5 “Table of Industrial Uses” to make tattoo parlor/body piercing studio a Special Exception Use in the Industrial General Zone and Amending ULDC, Article I, Division 10 “Special Exceptions” to add regulations pertaining to the operation of body art establishments in the City; and providing an effective date, for recommendation to the Mayor and City Council
  26. Adjourn

Minutes

The meeting convened in the Council Chambers of the Laurel Municipal Center at 7:01 P.M., with Chairwoman Mitzi R. Betman presiding. The roll was called with Mr. Donald E. Williford, and The Honorable G. Rick Wilson present. Also present were Mr. Martin A. Flemion, Executive Officer, Mr. Jack T. Brock, Director, Ms. Christian L. Pulley, Assistant Director, Mr. Monta Burrough, Planner II, Mr. Nathan D. Grace, Planner I and Ms. Sara Green, Secretary to the Commission. There were approximately twenty (20) members of the public in attendance.

The minutes of the November 15, 2016 meeting were approved on motion by Mr. Wilson, seconded by Mr. Williford, and carried on a roll call vote of all other members present as written.

The next agenda item was Special Exception Application No. 867 for 319 Main Street (zoned CV- Commercial Village) filed by T-Mobile C/o Network Building and Consulting, LLC. Mr. Burrough presented the Technical Staff Report stating that the Applicant was seeking a special exception to install a telecommunication facility on the roof of the Revere Bank building. Mr. Burrough said that the facility would include nine (9) panel antennas, one (1) microwave dish antenna and an equipment platform with cabinets and electrical panel. Mr. Timothy Dwyer, T-Mobile, 6095 Marshalee Drive Suite 300 Elkridge, Maryland 21075 addressed the Commission and provided a brief summary of the applicant’s request.

The Commission, on motion by Mr. Wilson, seconded by Mr. Williford, and carried on a roll call vote of all members present, voted to recommend approval of Special Exception Application No. 867 with the conditions listed in the Technical Staff Report to the City of Laurel Board of Appeals.  

Next, Chairwoman Betman stated that agenda item numbers 4-15 were all related to the same project; Millbrook Woods/Dorset Road- Final Forest Conservation Plan, Final Record Plat, and Final Site and Landscape Plan applications. Chairwoman Betman asked the Commissioners if they were in favor of making a motion to hear the technical staff reports for each item consecutively and then opening the public hearing on all three items. Mr. Williford made the motion as stated by Chairwoman Betman and Mr. Wilson seconded the motion.

Mr. Nathan Grace presented the Technical Staff Report on the Final Forest Conservation Plan Application for Millbrook Woods, filed by Brookfield Washington, LLC., stating that the Applicant was requesting approval for the Forest Conservation Plan to create four (4) building lots for the construction of single-family detached homes zoned R-55, One Family Detached District and one (1) lot for Forest Conservation dedication zoned P-I Public Institutional District. Mr. Grace also stated that there would be three (3) separate forest conservation areas within the P-I (Public Institutional) District, with would be dedicated to the City.

Mr. Grace then presented the Technical Staff Report for the Plat of Subdivision for Millbrook Woods stating that the Applicant was requesting approval to subdivide one (1) parcel along Dorset Road and Brooklyn Bridge Road into five (5) lots. Lots 1-4, zoned R-55 One Family Detached would be for the construction of four (4) single family homes and Lot 5 would be labeled Forest Conservation and Parkland and dedicated to the City of Laurel.

Lastly, Mr. Grace presented the Technical Staff Report for the Final Site and Landscape Plan for Millbrook Woods Subdivision. Mr. Grace said that four (4) lots would be for the construction of single-family detached homes zoned R-55, One Family Detached and one (1) lot for Forest Conservation dedication zoned P-I Public Institutional. The site totaled 5.06 acres.

 Mr. Wilson asked Mr. Grace to clarify that the back portion of the parcel would remain forested and would be deeded to the City of Laurel. Mr. Grace said that Mr. Wilson was correct.

Chairwoman Betman opened the public hearing on the three agenda items associated with the Millbrook Woods Subdivision at approximately 7:13 p.m. Chairwoman Betman stated that there was no one signed up to speak regarding the applications and asked if there was anyone in the audience who wished to address the Commission regarding the applications. Ms. Jackie Channer, 16096 Dorset Road Laurel, Maryland 20707 and asked if the parkland that would be dedicated to the City would be a public park where people would be coming and going through the area all of the time or would it remain more of a wooded area. Mr. Grace stated that to his knowledge the area would be maintained as is and that the land was in a flood plain so there wasn’t any development that could take place there. Ms. Channer asked if she could see the plan showing the location and placement of the proposed homes and lots for the development. Mr. Grace said that he would show Ms. Channer the plan. Mr. Wilson verbally described the proposed plan to Ms. Channer.

Ms. Linda Davis, 16097 Dorset Road Laurel, Maryland 20707 asked the Commission how the proposed road for the development would be constructed. Chairwoman Betman directed Ms. Davis to the rear of the Council Chambers where she could review the plans but said that all construction work would be required to meet code and have permits and inspections. Ms. Barbara Strang, 16000 Woodview Terrace Laurel, Maryland 20707 spoke to the Commission stating that she owned the three adjacent properties to the proposed development and that she had addressed the Commission twice before regarding the project and that she was disappointed that it was moving forward. Ms. Strang asked if the flag lot that had a little house on it was going to be impacted by the development. Mr. Wilson and Chairwoman Betman asked Ms. Strang to show them on the plan which lot she was talking about and Ms. Strang looked at the plan and confirmed that it wasn’t going to be impacted.

Next, Mr. Steve Jacobs, 7703 Brooklyn Bridge Road Laurel, Maryland 20707 asked if anything was going to be done with the overflow of water as part of the development for Millbrook Woods. Mr. Wilson showed Mr. Jacobs the plans that were provided to the Commission and a brief discussion ensued. Chairwoman Betman and Mr. Grace asked the Applicant to address Mr. Jacobs’ questions regarding storm water management. Mr. Tim Madden, Morris and Ritchie Associates, Inc., 14280 Park Center Drive Laurel, Maryland 20707, Engineer for the Applicant showed the plan and explained the storm water management system for the project to Mr. Jacobs and Ms. Strang and answered all questions. Chairwoman Betman asked if anyone else wanted to speak regarding the applications. No one came forward. Chairwoman Betman closed the public hearing at 7:25 p.m.

Mr. Wilson made a motion for approval of the Final Forest Conservation Plan Application for Millbrook Woods Subdivision as presented in the Technical Staff Report and to include Resolution No. 16-10-PC. Mr. Williford seconded the motion and Chairwoman Betman cast the final vote of “Yes”.

Mr. Wilson made a motion for approval of the Final Record Plat for the Millbrook Woods Subdivision as presented in the Technical Staff Report and included Resolution No. 16-09-PC. Mr. Williford seconded the motion and Chairwoman Betman voted “Yes”.

Next, Mr. Wilson made a motion for approval of the Final Site and Landscape Plan Application for the Millbrook Woods Subdivision as presented in the Technical Staff Report and to include Resolution No. 16-08-PC. Mr. Williford seconded the motion and roll call continued with Chairwoman Betman casting the final vote of “Yes”.

The next agenda item was the Final Site and Landscape Plan Application for AAA Car Care Facility, filed by AAA Mid-Atlantic to be located at 8499 Cherry Lane in the Towne Centre at Laurel zoned C-SH Commercial Shopping Center. Ms. Pulley presented the Technical Staff Report stating that the Applicant was requesting approval to construct a 4,470 sq. ft. retail/office space and 4,405 sq. ft. of service area on pad site R located within the Towne Centre at Laurel. Ms. Pulley said that the total gross building area was 8,875 sq. ft. and that the building would face Cherry Lane and would be next to the Harris Teeter, as well as the multi-family apartment complex that was currently under construction.

Chairwoman Betman asked Ms. Pulley if the apartment developers who were currently using the site as a staging area were almost finished. Ms. Pulley said that she believed that was the case and that Chairwoman Betman was correct, construction of the AAA Car Care Facility would not begin until the pad site was completely cleared by the apartment developer. Chairwoman Betman said that the engineers and architects for the Applicant were available for questions and opened the public hearing at 7:30 p.m. No one came forward to speak. The public hearing was closed at 7:31 p.m.

Mr. Wilson made a motion to approve the Final Site and Landscape Plan Application for AAA Car Care Facility as presented in the Technical Staff Report and included Resolution No. 16-11-PC. Mr. Williford seconded the motion and Chairwoman Betman cast the final vote of “Yes”.

Next, Ms. Pulley presented the Technical Staff Report for Map Amendment Application No. 866 (Ordinance No. 1895) stating that the Applicant was requesting approval to re-zone fragmented parcels “D” and “E” that were part of the Westside mixed-use development and the third fragmented parcel that was owned by the State Highway Administration (SHA) and was part of the West Side Boulevard roadbed, that would be dedicated to the City of Laurel in the future. Ms. Pulley said that the request was to re-zone the property from P-I (Public Institutional) to the M-X-T (Mixed Use Transportation Oriented) zone and that the area was located at the intersection of Van Dusen Road and West Side Boulevard and consisted of 0.996 acres or 43,383 sq. ft. Ms. Pulley said that the Technical Staff Report recommended approval of the application.

Chairwoman Betman noted for the record that there was no one signed up to speak regarding the application and asked if there was anyone in the audience wishing to speak on the item. No one came forward.

Mr. Wilson made a motion to recommend approval of Map Amendment Application No. 866 (Ordinance No. 1895) to the Mayor and City Council as presented in the Technical Staff Report. Mr. Williford seconded the motion and Chairwoman Betman cast the final vote of “Yes”.

Next, Mr. Monta Burrough presented the Technical Staff Report for the Amended Site and Landscape Plan Application for 310 Second Street, filed by Mrs. Vannarata Chea. Mr. Burrough said that the Applicant was seeking Amended Site and Landscape Plan approval to add a total of twelve (12) parking spaces on-site at 310 Second Street and that the proposal would add two (2) parking spaces in the front of the property and ten (10) parking spaces in the rear of the property. Mr. Burrough explained that Staff had met with Mrs. Chea numerous times beginning in August 2016 and informed her of the public safety, green space, and storm water management issues with the proposed plan. Mr. Burrough explained that Staff of the Department of Economic and Community Development, Office of the Fire Marshal and Permit Services, Department of Parks and Recreation and Department of Public Works had all expressed concerns regarding the issues with the plan. Mr. Burrough said that on October 20, 2016, the City of Laurel Transportation and Public Safety Committee met regarding the application and agreed that there were numerous safety concerns with the proposed plan and recommended denial. Mr. Burrough stated that he’d explained to Mrs. Chea that he would be recommending denial of the application and plan in the Technical Staff Report but that Mrs. Chea insisted on moving forward with the request as submitted.

Chairwoman Betman asked Mr. Burrough if the two (2) new parking spaces at the front of the building were deleted from the proposed plan and the ten (10) proposed at the rear of the property remained in the plan would Staff’s concerns be satisfied. Mr. Burrough stated that the two (2) parking spaces was a safety concern and that the proposed parking at the rear of the property were still major concerns because of green space requirements and storm water management issues. Mr. Wilson asked what the intended use of the property was that would require twelve (12) parking spaces onsite. Mr. Burrough explained that the property owner did not have a specific tenant/use and was looking to add the parking spaces to attract future commercial tenants.

Next, Mrs. Vannarata Chea, Applicant/Property Owner addressed the Commission and provided a summary of her request. Chairwoman Betman asked Mrs. Chea if she understood the recommendation of denial that was made by Staff in the Technical Staff Report and explained that Mrs. Chea could not pave the entire property and asked if she was willing to revise her plan to reduce the amount of paving proposed. Mrs. Chea said that she wasn’t paving and that she was just cleaning her property. Chairwoman Betman explained that Mrs. Chea could clean her property but that the item before the Commission was the proposed paving of the property to create parking spaces. A lengthy discussion between Chairwoman Betman, Mr. Wilson and Mrs. Chea ensued. Chairwoman Betman told Mrs. Chea again, that the Amended Site and Landscape Plan application was the item before them on the agenda and that if Mrs. Chea wanted to withdraw her application and/or resubmit with a revised plan, she could do so. Mrs. Chea said she did not want to do that and the lengthy discussion continued. Mr. Wilson told Mrs. Chea that he was going to move to table the item and that she should work with Staff and make the necessary changes to the plan and resubmit. Mrs. Chea said that she had already changed the plan. Mr. Wilson told Mrs. Chea that if she had a plan that was different from the one she originally submitted to Staff, then she needed to resubmit, giving Staff time to review and prepare a revised report, and send it to the Commission at their next meeting. Chairwoman Betman reiterated that the only item that was before the Commission for action was the request to add the twelve (12) proposed parking spaces. Mr. Brock addressed the Commission and reiterated Mr. Burrough’s Staff Report stating that the proposed plan would not meet green space requirements and did not address storm water management issues and that the issues had been explained to Mrs. Chea numerous times by Staff and that Mrs. Chea insisted on bringing the application to the Commission.

Mr. Wilson made a motion to deny the Amended Site and Landscape Plan Application for 310 Second Street as recommended in the Technical Staff Report and included Resolution No. 16-07-PC as presented. Mr. Williford seconded the motion and roll call continued with Chairwoman Betman casting the final vote of “Yes, to deny”.

Chairwoman Betman explained to Mrs. Chea that she had the right to appeal the Planning Commission’s decision to the Board of Appeals and that she encouraged Mrs. Chea to work with Staff to revise the plan for the property. Mr. Burrough told Chairwoman Betman that Mrs. Chea was welcome to follow-up with him the day after the meeting to discuss the matter.

Chairwoman Betman stated that although the Commission had already acted on the Application and no one was signed up to speak, she wanted to know if there were any members of the public who wished to speak regarding the proposed plan. Mr. John Donohue, Owner, 308 Second Street, told the Commission that he shared the City’s concerns that he’d done a lot of work on his property to correct drainage issues and was concerned about the impact to his property if the proposed plan were approved at 310 Second Street. Mr. Donohue also said that he was very concerned with public safety if the two (2) parking spaces proposed at the front of the building were approved especially, because a daycare was next door. Mrs. Margaret Skyrm, Owner, 312 and 314 Second Street told the Commission that she spoke with Mrs. Chea and that she wasn’t opposed to Mrs. Chea’s request and that she was fine with the City’s recommendation. Chairwoman Betman thanked Mr. Donohue and Mrs. Skyrm for their comments and closed the public hearing at 7:57 p.m. Chairwoman Betman wanted to make sure that although action had already been taken on the Application, the comments from Mr. Donohue and Mrs. Skyrm would be made part of the record. Ms. Green stated that the comments would be noted for the record.

The final agenda item was Text Amendment Application No. 243 (Ordinance No. 1896) an Ordinance amending the City of Laurel Unified Land Development Code, Article I “Zoning”, Division 5, “Zoning Districts”, Section 20-9.5 “Table of Industrial Uses” to make tattoo parlor/body piercing studio a special exception use in the Industrial General Zone and amending the Unified Land Development Code (ULDC) Article I, Division 10 “Special Exceptions” to add regulations pertaining to the operation of body art establishments in the City; and providing an effective date. Ms. Pulley provided a brief summary of the proposed ordinance and recommended approval. The Commission, on motion by Mr. Wilson, seconded by Mr. Williford, and carried on a roll call vote of all members present, voted to recommend approval of Text Amendment No. 243 (Ordinance No. 1896) to the Mayor and City Council as presented.

There being no further business, the meeting was adjourned at 8:05 p.m.

 

 

Approved:   Sara Green, Secretary to the Commission                                                                          Date:   April 11, 2017

City Seal

Communications

The Department of Communications provides useful information of public interest and importance to the community, residents and businesses within the city limits, as well as the greater Laurel area.
Laurel Smart Move Logo

Economic & Community Development

The Department of Economic and Community Development maintains and oversees the built environment within the City of Laurel. The department is responsible for zoning compliance, subdivision and development review, historic preservation review, economic development, affordable housing, and implementation of the City’s Master Plan. These activities are intended to improve the life quality in the City. Department staff strive to provide these services in a timely and efficient manner while promoting high-quality development which is compliant with State of Maryland regulations and statutes.  

Video