Meeting Minutes
December 28, 2004

Chairman Staiger called the meeting to order at 0730PM.

Approval of Previous Meetings’ Minutes

November 29, 2004 Regular Meeting Minutes: no changes were requested

Motion: by Mr. Briggs to approve the minutes as submitted. Seconded by Commissioner Walbrecker.

Vote: Approved: 5 (in favor) – 0 (opposed)

Agenda Items:

Review of Emmitsburg Glass Site Plan (Waybright Property)

Presentation by Mr. Lucas: see attached (not that the reference to Creamery Road in point 10 actually refers to the road to be constructed on the site). Commissioner Walbrecker addressed the location of additional trees proposed for the property, inquired about the need for reforestation on the site, asked for additional clarification of the “extensive modification to the existing sanitary sewer main” referred to in point 11, and asked if there were any planned development north of the lot, making reference to the proposed road through the site. Mr. Lucas noted that the site has been the location of previous sanitary sewer overflows and that the submitted plan called for substantial regrading of the site. Mr. Lucas also commented that he would hesitate to speculate on future development around this property that was not in the town but that the current Comprehensive Plan did make some assumptions about the future course of development in the area noting that one such assumption was a road through the site built to collector status.

Mr. Ross Lillard of Fox & Associates made a brief presentation stating that the applicant had no major issues with the points and conditions proposed by staff. He noted that they would need to check with a lighting engineer regarding the addition of pole lights. Mr. Lillard also commented that they would bring the signage into compliance with the town code but stated that Mr. Reever prefers signage on the building as opposed to the free standing signs on the current site plan.

Mr. Lucas addressed the Commission noting two additional checklist requirements which must be added to the site plan:

• Item 15 on the checklist, the site plan should delineate what the impervious surface on the site is to be composed of, and,

• Item 16 on the checklist, the site plan should note the materials to be included on the exterior of the building.

Mr. Dan Reever spoke briefly. He expressed his concern about too many new trees obscuring the view of the proposed building – noting that not many trees were currently present on the site which is primarily empty fields.

The Commissioners then addressed various questions to the applicants concerning the number of entrances, the screening of parking visible from US15, the lack of any landscaping notes on the plan, proposed traffic flow through the site, and the plans for parking and loading/unloading of vehicles. Mr. Briggs commented that the current ORI (Office/Research/Industrial) Zoning was meant to bring 270 Corridor type of development to the North County Area. Mr. Lucas commented that he felt this was a good design providing an industrial facility which would have limited impact.

Public Comment: None (no persons signed up for comment)

Chairman Staiger then reviewed the comments and conditions proposed by staff. During this process, Commissioner Walbrecker asked if the Lindsey family, who own the property next to the site, had been informed of this evening’s meeting. Mr. Lucas responded that the meeting had been properly advertised but that they had not specifically been notified. Mr. Lucas then noted that the site plan contemplated 24 feet of pavement width on the road proposed for the site - which would not meet the collector status designation envisioned in the Comprehensive Plan. Commissioner Walbrecker than asked Mr. Lucas if there was a need for curb and gutter SWM as opposed to the open section SWM indicated on the proposed site plan. Mr. Lucas noted that exceptions had previously been made in certain residential developments. Mr. Reever stated that open section SWM and 24 feet of pavement was previously approved for the Emmitsburg East Industrial Park. Mr. Lucas agreed that an exception nay have been nade in that case also.

Commissioner Walbrecker commented that she was concerned about providing conditional approval when there had been little time for review since the site plans had only been made available to the P&Z Commission members on the day of the meeting and at least one person had not received any information. Mr. Lucas responded that if the commission did not grant approval, it should provide the applicants with direction. Mr. Reever responded that he was on a tight deadline, had submitted the plans thirty days before the meeting, and needed conditional approval to keep the process moving forward. Mr. Lucas stated that the plan had indeed been received thirty days prior, but that numerous other agencies were also required to review and comment and that, with the holidays, he had only received reviews from Frederick County on December 26. He then completed the staff review on the 27th and distributed packets to the commission on the 28th.

Mr. Briggs asked why the road should be built to collector status when it will not be a through street. Chairman Staiger stated that he felt the road proposed for the site should be built to collector status as envisioned by the Comprehensive Plan and should have curb and gutter SWM – noting that this road would serve as the future access point to properties north of the proposed site as the entire area was eventually developed along ORI lines. Mr. Reever responded that these conditions were not financially feasible and that the road could conceivably be considered a private road. Mr. Lucas noted that the record plat dedicated the right-of-way containing the road to public use.

Chairman Staiger then made a motion for a five minute recess. The motion was seconded by Commissioner Walbrecker.

Vote: 5-0 to approve the motion

After a brief recess, Chairman Staiger called the meeting back to order.

Chairman Staiger asked Mr. Lucas if a road built to collector status with open section SWM was an option. Mr. Lucas responded that open section SWM could be acceptable given previous ORI development approvals. Commissioner Walbrecker commented that the commission would be allowing one exception on the basis of another. Mr. Lucas and Mr. Lillard then briefly reviewed the proposed open section plan. Mr. Lucas commented that any SWM plan would need the approval of Frederick County. The conversation then turned back to the road width issue. Mr. Lucas stated that a local access road used for industrial purposes would most likely have a minimum paving width of 34 feet, but staff would like the opportunity to review and determine. Mr. Reever commented that at this time there was only a right of way and a private road. Chairman Staiger responded that he did not feel able to grant approval until the road width issue was addressed by staff. Mr. Lucas then added that dedication for public use was a condition of the record plat but that there could be a question of whether dedication of a public right of way necessitated a public road.

Commissioner Walbrecker then mentioned her concern about traffic accessing US 15 south. Mr. Lucas responded that he was originally concerned a traffic study might be required but the State said no traffic study to determine impact was required for approval of the site plan.

Chairman Staiger asked if there were any additional questions from the Commission or any public comment. There were none.

Chairman Staiger proposed the following motion:

Motion: The Planning and Zoning Commission grants conditional approval to the Emmitsburg Glass Company Site Plan with the following conditions:

1. Additional deciduous trees shall be added along US 15 throughout the site as recommended by staff.
2. The site, which includes an additional lot, borders on a residential site (the Lindsey residence). An evergreen buffer shall be installed by the applicant on lot 2 in order to screen the residence.
3. If there are to be any lighting fixtures attached to pole, they shall be clearly delineated on the plan.
4. The signage indicated on the proposed site plan shall be brought into conformance with the existing code.
5. Modifications necessary to the existing sanitary sewer main, which this property proposes to utilize, shall be the responsibility of the applicant.
6. Any approval for this project is subject to the Town of Emmitsburg receiving approval from MDE for a new sewer connection, pursuant to the 2004 consent order signed by the Town and subsequent restrictions the Town enacted in its 2004 Sewer Connection Allocation Plan.
7. The applicant shall provide the Town with a set of approved improvement plans prior to receiving a zoning certificate. This includes a set of storm water management plans approved by Frederick County.
8. The applicant shall submit an approved reforestation plan prior to receiving a zoning certificate.
9. The site plan shall delineate what the impervious surface is to be composed of.
10. The site plan shall note the materials to be included in the exterior of the building.
11. If the road indicated on the site plan is to be dedicated to public use, the appropriate pavement width for a local access industrial road must be used.

The motion was seconded by Commissioner Walbrecker

Vote: Approved 4 (in favor) – 0 (opposed) – 1 (Vice Chairman Briggs abstained)

Vice Chairman Briggs commented that he would abstain due to previous business dealing with the applicants.

Continuing Comprehensive Plan Review

Mr. Briggs requested that the commission return to special scheduled meetings to address the Comprehensive Plan. There was some discussion about how the continuing review often became lost in the regular monthly issues. The commission agreed to hold a separate Comprehensive Plan review meeting immediately prior to the normal monthly meeting. Commissioner Walbrecker recommended that the Commission address Chapter Five (Transportation) of the Plan at the next meeting and asked that Commissioner O’Neil be invited since he is the Streets Committee representative on the Town Council. The Commission requested that staff schedule a Comprehensive Plan Review Meeting from 6PM to 07:30PM on January 31, 2005.

Chairman Staiger asked if there was any Public Comment. There was none.

There being no more business to discuss, Chairman Staiger requested a motion to adjourn.

Motion to adjourn by Mr. Lind and seconded Mr. Kapriva.

Vote: Approved 5-0

The meeting was adjourned at 10:10PM