PLANNING COMMISSION MEETING
MINUTES
March 31, 2008

Present: Chairman Larry Little, Tim O’Donnell, Patrick Boyle, Glenn Blanchard and Patrick Joy. Also present Sarah Franklin of Jakubiak & Associates.

Call to order Chairman Larry Little called the March 31, 2008, Planning Commission Meeting to order at 7:30 PM. Announced Next Regular Planning Meeting on April 28, 2008 at 7:30 PM.

Commissioner Comments:

Tim O’Donnell: Mentioned several upcoming meetings concerning the Thurmont Region Plan and that he had attended the Fort Richie Development Meeting.

Patrick Boyle: Mentioned he is part owner of Silver Fancy Farm.

Patrick Joy: Encouraged everyone to attend the Thurmont Region Plan Meetings.

Glenn Blanchard: Mentioned the free entertainment upcoming at Mount Saint Mary’s.

Staff Comments:

Larry Little: Mentioned request for rezoning by Mr. Reaver.

Sarah Franklin: The area where Mr. Reaver is requesting Village Zone on land use map 2 is shown as Village Zone. To change the actual zoning it would need to be done in the comprehensive plan rezoning. The zoning that he is under currently would not permit the use that he is requesting. I would recommend you look to staff for more detailed information.

Sarah Franklin: Reviewed an email from Jenny King of MDP concerning the Water Resource Element.

Planning Board discussion about "Well J" and why the town council voted that those edu’s could not be used.

Patrick Boyle: "I would like an explanation in writing from the town council why they changed their minds."

Patrick Joy: Said if his recollection was correct, one of the reasons was although there was testing they had no official number from MDE. However, if we do have it now it should be included even at this late date. Mr. Joy was going to make a recommendation to see that "Well J" is included.

Agenda Items:

Reorganize the officers of the Planning Commission:

Motion: (Patrick Boyle) To retain all officers as they are in their current positions.
Vote: 5 Approved - 0 Opposed

Hillari Varnadore, Frederick County Principal Planner:

Ms. Varnadore gave a power point presentation about the Water Resources Element on the County wide scale.

Commissioner Comments:

Larry Little: Mentioned an email he sent to Mr. Haller concerning the unused water taps in Emmitsburg. His question was if a subdivision was approved thirty years ago for fifty taps how long do we have to sit on those taps. Per our attorney Mr. Clapp, basically just because we annexed a property doesn’t guarantee anyone a water tap. Once they start showing their good faith in developing the properties that is when the water taps are assigned for use. Final decision is up to the town council.

Tim O’Donnell: If the attorney says that these taps are not committed then they should be viewed as being in a pool of available taps for use in development.

Patrick Joy: Those taps are currently in the pool to be allocated because those lands have been designated in our map as a land use designation. We would have to change that designation if we were going to change it in order that they be available to anyone in the town. We only have so many taps overall.

Public Comment:

Libby Briggs: Commented concerning the available EDU’s, Well J and bill 1141.

Discussion of Land Use for Area I-2

Sarah Franklin gave an overview of Land Use for Area I-2.

Sarah Franklin: Suggested that given that "Well J" may have potential water soon that the board could adopt a Comprehensive Plan that shows this area in its current zoning but has a clear direction that states as water becomes available this future vision map will be adhered to and adhered to in this order. Lands inside of town that are shown on this land use map in a certain designation will be the first to be rezoned. We will amend the Comprehensive Plan once we have the water available. At that time the zoning can be amended.

Motion: (Patrick Joy) I make a motion that the yellow area in I-2 goes back to ORI. That we move the yellow area to our future vision map and we put an emphasis on this property as soon as water becomes available and they get first crack at our board as to changing the land use map again and we put an emphasis over any annexation changes for this property.

Pat Boyle: Questioned the language used in the above motion.

Motion Withdrawn: (Patrick Joy)

Motion: (Tim O’Donnell) I make a motion to see the single family home portion of I-2 changed to ORI with an understanding that the Planning Commission will include in the Comprehensive Plan a future vision statement that will include this parcel as a priority for future development as per the proposal we have seen from the developer when water becomes available.
Vote: 5 Approved - 0 Opposed

Discussion of Environmental Corridors:

Sarah Franklin: Sarah did a presentation on the stream and flood plain buffers.

There was a lengthy discussion by the Planning Commission concerning the stream and flood plain buffers.

Public Comment:

Chuck Karfonta: Was concerned about his lot and a 200 foot buffer and not being about to develop his land.

Jeff Waybright: Was concerned about the size of the buffers shown on the map and how it would affect his property.

Richard Floyd: Made comments concerning the historical flood plain and riparian planning.

Motion: (Patrick Joy) I make a motion that we change the language under stream, flood plain and wetlands and that we institute a modification procedure and reference the stream buffer size requirements as guidelines for that modification.
Vote: 5 Approved -0 Opposed

Agenda Items:

1. Section 1 & 2 of the Comprehensive Plan Draft

Motion: (Patrick Joy) Motion to approve agenda.
Vote: 5 Approved - 0 Opposed

Adjourned