Board or Committee Meeting
Tuesday, October 17, 2017 - 7:00pm to 9:00pm

Agenda

FIVE HUNDRED FIFTY SECOND MEETING

TUESDAY–OCTOBER 17, 2017– 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 September 12, 2017 meeting

 

     3.  Amendment of Resolution No. 17-09-PC “A Resolution of the City of Laurel Planning Commission Approving the Preliminary  Subdivision Plan for Property Known as Spring Arbor, within Anderson’s Corner and Providing for an Effective Date”

 

     4.  M-X-T Final Plan Application No. 875, Spring Arbor Townhouses- 7003 Van Dusen Road plan, filed by BB Spring Arbor, LLC

            Public Hearing on Application

            Final Action by Planning Commission

      5.  Forest Conservation Plan, Spring Arbor Townhouses -7003 Van Dusen Road; filed by BB Spring Arbor, LLC., Resolution No. 17-10-PC

            Public Hearing on Application

            Final Action by Planning Commission

      6.  Amended Site and Landscape Plan- 9007 Marshall Avenue, filed by SAIA Motor FreightResolution No. 17-11-PC

            Public Hearing on Application

            Final Action by Planning Commission

  1. Special Exception No. 874, Bernadette’s House- 306 Montgomery Street, filed by Bernadette’s House- Carol Nash, Founder/CEO for recommendation to the Board of Appeals

            Public Hearing on Application

            Final Action by Planning Commission

  1. Special Exception No. 873, Dunkin Donuts- 319 Washington Boulevard, filed by QSR and R, LLC for recommendation to the Board of Appeals

           Public Hearing on Application

           Final Action by Planning Commission

  1. Adjourn

Minutes

FIVE HUNDRED-FIFTY SECOND MEETING

CITY OF LAUREL PLANNING COMMISSION

TUESDAY- OCTOBER 17, 2017

 

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 the Honorable G. Rick Wilson, Mr. John R. Kish, Vice Chairman, Mr. Bill Wellford, and Ms. Kimberly Parker present. Also present were Mr. Martin A. Flemion, Executive Officer, Ms. Christian L. Pulley, Director, Mr. Nathan Grace, Planner II, Mrs. Brooke Quillen, Secretary to the Commission, and Ms. Sara Green, Executive Assistant to the Mayor. There were approximately sixteen (16) members of the public in attendance.

 

The next agenda item was the minutes of the September 12, 2017 meeting. Ms. Parker stated that even though she was not present for the last meeting, she suggested a technical correction to the minutes to change “was” to “were” in the last sentence in the first paragraph.  Mr. Wellford made a motion for approval of the minutes as amended. Mr. Wilson seconded the motion, Mr. Kish voted “Yes”, and Ms. Parker and Chairwoman Betman abstained.

 

            Next, Chairwoman Betman explained that an amendment had been made to Resolution No. 17-09-PC, that was approved the Preliminary Subdivision Plan for the property known as Spring Arbor Townhouses within Anderson’s Corner at the previous meeting.. On September 12, 2017 the Planning Commission adopted Resolution 17-09-PC, however, since then, it had been amended to correct the “Therefore be it Resolved” clause.

There were no comments or objections to the amendment from the Commission or the public.

 

The Commission on motion by Mr. Wilson, seconded by Mr. Wellford and carried on a roll call vote of all members present voted to approve Resolution No. 17-09-PC as amended

 

Next, Ms. Pulley presented the Technical Staff Report dated September 26, 2017 regarding M-X-T Final Site and Landscape Plan Application No. 873 for Spring Arbor Townhouses- 7003 Van Dusen Road, filed by BB Spring Arbor LLC., 3905 National Drive Burtonsville, Maryland  20866. Ms. Pulley stated that the Applicant was seeking M-X-T Final Site and Landscape Site Plan Approval to construct a fifty-five (55) unit townhouse community, to be known as Spring Arbor. The property was annexed into the City in 2008 as R-5 and rezoned to M-X-T in 2015. The site is part of the larger Anderson’s Corner mixed-use development that included the newly constructed Avalon Bay apartment complex and the approved Royal Farms project.

 

Chairwoman Betman opened the public hearing on the application at approximately 7:08 p.m. Edward C. Gibbs, Jr., Esquire, Gibbs and Haller, 1300 Caraway Court Suite 102 Upper Marlboro, Maryland 20774, Attorney for the Applicant, apologized for not signing in to speak but stated that he was present to represent his client. Mr. Gibbs said that he and his client were in agreement with the Technical Staff Report and the conditions as presented. Mr. Gibbs thanked Staff for being accommodating to him and his client throughout the process. Chairwoman Betman opened the public hearing at approximately 7:10 p.m. There was no one else signed up and no one else came forward to speak regarding the application. Chairwoman Betman closed the public hearing at 7:11 pm.

 

Mr. Wilson made a motion to approve M-X-T Final Plan No. 875 for Spring Arbor Townhouses located at 7003 Van Dusen Road with the conditions as presented in the Technical Staff Report. Mr. Kish seconded the motion and roll call continued with Ms. Parker voting “No”, Mr. Wellford voting “Yes”, and Chairwoman Betman casting the final vote of “Yes”.

 

Mr. Wilson made a motion to approve Resolution No. 17-12-PC for the M-X-T Final Plan No. 875 as presented. The motion was seconded by Mr. Kish, Ms. Parker voting “No”, Mr. Wellford voting “Yes”, and Chairwoman Betman casting the final vote of “Yes”.

 

The next agenda item was the Forest Conservation Plan for Spring Arbor Townhouses- 7003 Van Dusen Road filed by BB Spring Arbor LLC., 3905 National Drive Burtonsville, Maryland 20866. Ms. Pulley presented the Technical Staff Report dated October 2, 2017 and said that the Applicant was seeking approval of a Forest Conservation Plan associated with the proposed development of a townhouse community entitled Spring Arbor. Ms. Pulley said that the proposed development would include the construction of fifty-five (55) dwelling units and that  the applicant was seeking final M-X-T Site and Landscaping Plan approval simultaneously with the application.

 

Chairwoman Betman opened the public hearing at approximately 7:12 p.m. There was no one signed up and no one came forward to speak regarding the application. Chairwoman Betman closed the public hearing at approximately 7:13 p.m.

 

Mr. Wilson made a motion to approve the Forest Conservation Plan for Spring Arbor Townhouses- 7003 Van Dusen Road, with the conditions as presented in the Technical Staff Report dated October 2, 2017 and included approval of Resolution No. 17-10-PC. Mr. Wellford seconded the motion, Ms. Parker voted “No”, Mr. Kish voted “Yes”, and Chairwoman Betman cast the final vote of “Yes”.

 

The next agenda item was the Amended Site and Landscape Plan for 9007 Marshall Avenue filed by SAIA Motor Freight, 9007 Marshall Avenue, Laurel, MD  20707. Ms. Pulley presented the Technical Staff Report dated September 20, 2017 and said that the Applicant was seeking approval of an Amended Site and Landscape Plan to retrofit an existing truck distribution center by adding a fence, constructing an addition to be used as an office, installing a fuel tank, and re-paving to provide parking spaces. Ms. Pulley said that the property had been vacant for over a decade. Mr. Wilson said that he was concerned that the proposed landscaping was not adequate and asked what the minimum landscaping requirement was for the site. Further, Mr. Wilson asked if the Applicant had obtained Storm Water Management approval from Prince George’s County, citing that the property was in the floodplain and that water runoff from the site impacts the homeowners in the Greens of Patuxent area. Ms. Pulley asked the Applicant to begin their presentation to the Commission while she checked the plan for the information that Mr. Wilson requested. Chairwoman Betman opened the public hearing at approximately 7:15 p.m. William Shipp, Esquire, O'Malley, Miles, Nylen &Gilmore, P.A, 11785 Beltsville Drive, 10th Floor, Calverton, Maryland 20705, Attorney for the Applicant, presented a PowerPoint presentation (Exhibit 1).  Mr. Shipp explained that the proposed plan was in compliance with Prince George’s County Storm Water Management regulations and that the County did not consider the proposed project to be “new development” based on the proposed scope of work. Mr. Wilson asked for clarification from the Applicant’s Engineer regarding the percentage or threshold of work proposed that Prince George’s County used to determine if a project were “new development” or “redevelopment”.  Mr. Michael Wagner, P.E., Soltesz Associates, Inc., 4300 Forbes Boulevard Suite 230, Lanham, Maryland 20706, Engineer for the Applicant, stated that Prince George’s County Storm Water Management required that the Applicant be responsible for complying with regulations only for the area that would be “disturbed” such as, removing pavement and exposing the dirt and then repaving. Mr. Wagner also said that the proposed plan would add approximately, one (1) acre of landscaping towards the front of the property to enhance the area.

 

A lengthy discussion regarding Storm Water Management requirements, authority, and the proposed project ensued between Mr. Wilson, Mr. Shipp, and Ms. Pulley. Mr. Wilson said that the Commission had an opportunity to address some of the water runoff issues at the site, that there was too much paving, and that the Applicant could provide more landscaping to help the matter. Further, Mr. Wilson was concerned about the traffic impacts of large trucks using Route 1 and adding to the traffic problems. There was no one else signed up and no one from the public came forward to speak regarding the Application. Chairman Betman closed the public hearing at 7:49 p.m.

 

The Commission, on motion by Mr. Wilson, seconded by Mr. Wellford, and carried on a roll call vote of all members present, voted to Table the Amended Site and Landscape Plan for 9007 Marshall Avenue, filed by SAIA Motor Freight including, Resolution No. 17-11-PC, until the next meeting to allow the Applicant time to work with Staff on possibly adding landscaping and/or alternate paving items to the proposed plan.

 

The next agenda item was Special Exception Application No. 874, filed by Bernadette’s House C/o Ms. Carol Nash, Founder/CEO, 804 West Street Laurel, MD  20707. Ms. Pulley presented the Technical Staff Report dated September 28, 2017 stating that the Applicant was seeking approval to operate an after school mentoring/enrichment program for girls at 306 Montgomery Street and that the property was zoned Residential Single Family Detached (R-55). Ms. Pulley also said that the house was the only remaining property on that end of the street that was zoned for residential use and that the other properties in that area were zoned C-G (Commercial General).

 

Chairwoman Betman opened the public hearing at approximately 7:52 p.m. Ms. Nancy Lilly, President of the Board, Bernadette’s House 804 West Street, Laurel, Maryland 20707 addressed the Commission and provided a summary of the mission and goals of Bernadette’s House. Mr. Wilson asked Ms. Lilly about funding sources for the program. Ms. Lilly said that the majority of the funding comes from corporate sponsors. Ms. Lilly also provided a summary of the various partnerships Bernadette’s House had with other local organizations. Ms. Carol Nash, Founder of Bernadette’s House, 804 West Street Laurel, Maryland 20707 thanked the Commission for their time and consideration of the request.

 

Next, Mr. Habib Azari, property owner of 304 Montgomery Street, Laurel, Maryland 20707 addressed the Commission and said that he was concerned that if the Application were approved, there would be even more kids walking through his property, throwing trash in the yard, and that there was no parking onsite.  Mr. Azari also expressed concern regarding a water issue in the back of property. Mr. Kish explained there had always been a water issue in the rear of the properties along that stretch of the street.  Mr. Wilson suggested that if there were any existing code issues such as littering or trespassing he should file a complaint with the City’s Code Enforcement or Police Department. Mr. Wellford asked if the Applicant would be required to install fire sprinklers in the existing house prior to occupancy.  Ms. Pulley explained that the Applicant would not be required to retrofit the building with sprinklers because no interior alterations were being made. , Ms. Pulley explained that the Fire Marshal would conduct a life safety inspection prior to the issuance of a Use and Occupancy Permit. Chairwoman Betman closed the public hearing at approximately 8:07 p.m.

 

The Commission, on motion by Mr. Wellford, seconded by Mr. Kish, and carried on a roll call vote of all members present, voted to recommend approval of Special Exception No. 874 for Bernadette’s House located at 306 Montgomery Street with the conditions listed in the Technical Staff Report to the Board of Appeals

 

The final agenda item was Special Exception Application No. 873, for Dunkin Donuts, 319 Washington Boulevard Laurel, Maryland 20707, filed by Jason Scott, QSR and R, LLC. 584 Bellerive Road Annapolis, Maryland 21409. Mr. Grace presented the Technical Staff Report dated September 12, 2017 stating that the Applicant was requesting Special Exception approval to operate a Dunkin Donuts with a drive-thru at 319 Washington Boulevard. The most recent tenant was a Kentucky Fried Chicken (KFC), which included a drive-thru as well. Mr. Grace said that the property had been vacant over a  year and that there was only one other Dunkin Donuts located in the City of Laurel. Further, Mr. Grace said that the existing Dunkin Donut store was .7 miles away from the proposed property and did not have drive-thru service. Mr. Wilson asked staff if the existing Dunkin Donuts would relocate to the 319 Washington Boulevard property or was it a separate franchise. Mr. Grace stated that it was his understanding that it would be a separate store and that the existing store would continue to operate at the Baltimore Avenue location.

 

Chairwoman Betman opened the public hearing at approximately 8:11 p.m. Mr. Larry Johnson, Nia’s Early Learning Center LLC., 305 Laurel Avenue, Laurel, Maryland  20707, voiced his support of the Dunkin Donuts moving into this location and that his business shared the property parking lot with 319 Washington Boulevard. Ms. Parker asked if he had any concerns about sharing a space with a drive-thru. Mr. Johnson said he did not since they shared the space with a drive-thru when it was a KFC, as long as there is not a change in the drive thru. Mr. Wilson asked Staff if the parking spaces in the rear of property near the dumpsters were included in the numbers on the report and if so, had the shared parking between the two businesses, been taken into account. Mr. Grace said that he believed so Mr. Wilson asked Staff to verify the required number of parking spaces shown on the use and occupancy permit for Nia’s Early Learning Center, LLC., and the proposed use to ensure that both uses would still meet parking requirements.  

 

Mr. Wilson made a motion to recommend approval of Special Exception Application No. 873 for Dunkin Donuts at 319 Washington Boulevard with the conditions as presented in the Technical Staff Report and with the addition of the following:

 

  1. Staff would note in the Commission’s recommendation to the Board that Staff was asked to review the parking at Nia’s Early Learning Center and the proposed Dunkin Donuts to confirm that all parking requirements were met.
  2. Add a condition that all refuse receptacles were required to be enclosed on all sides and that the enclosures be constructed according to City Code.

 

Ms. Parker seconded the motion and roll call continued with all members present, voting unanimously to recommend approval to the Board of Appeals. 

 

There being no further business, the meeting was adjourned at approximately 8:19 p.m.

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