August 12, 2014 Minutes | www.charlescountymd.gov

www.charlescountymd.gov

Charles County, Maryland

August 12, 2014 Minutes

Minutes
Tuesday, August 12, 2014

 

The Board of Appeals held its regularly scheduled meeting on Tuesday, August 12, 2014 at 7:00 p.m. in the Commissioners Meeting Room of the Charles County Government Building, La Plata, Maryland.

The following were present:

Brendan Moon, Vice Chairman
Frederick Mower
Shannon Houston-Smack
Sean Johnston, Alternate
Matthew Clagett, Associate County Attorney
Joseph Adams-Raczkowski, Program Manager, Planning
Cyndi Bilbra, Planning    
Carrol Everett, Clerk

  1. The Vice Chairman called the meeting to order at 7:00 p.m. and stated there was a quorum. Luke Hannah, Chairman and Lynn Green were absent. 
  2. The Vice Chairman announced the process by which all Board of Appeals hearings are to be conducted.
  3. The Vice Chairman announced that anyone wishing to make a statement pertinent to the operations of the Board can do so at this time, excluding the items on tonight’s agenda.

HEARINGS

7:02 PM, Public Hearing:  Docket #1332 - Sonya Johnson, regarding a Special Exception for a day care center for  9-30 children, as provided in Article XIII, Section 297-212 and Article XXV, Section 297-415 of the Charles County Zoning Ordinance. 

Mr. Clagett stated there was substantial compliance with the notification requirements.

Ms. Cynthia Bilbra, Planning Staff, gave a brief summary of the request, using a location, zoning, and aerial map for reference:

  • Proposed:  Expansion of day care to a maximum of 12 children
  • Applicant currently operates a day care center for 8 children
  • Location:  2471 Rushland Ct., Waldorf, MD (Bracey Estates)
  • Tax Map 6, Grid 11, Parcel 2
  • Zone:  Low Density Residential (RL) Zoning District
  • Permitted by Special Exception in the RL Zone
  • Staff recommends approval subject to three (3) conditions

Mr. Mower referred to Condition #3 regarding no parking at the end of the cul de sac and asked how that would be enforced.  He asked why the County can’t post ‘No Parking’ signs.

Mr. Adams-Raczkowski referred to the County Road Ordinance.  He stated that Rushland Court is a residential street and suggested they move forward on a complaint-basis only with the County reacting at that point. 

The Vice Chairman asked why we are asking them to not allow street-side parking on Rushland Court as people already park on that street. 

Ms. Bilbra stated that the Development Services Division recommended Condition #3 and that it could be amended, if needed.

Ms. Bilbra confirmed that Rushland Court is a County-owned street.

Mr. Mower stated that he does not know how the Board can prohibit parking on a public street or at the end of the cul de sac.

Mr. Johnston asked how many additional children the Applicant was seeking. 

Ms. Bilbra stated that Child Care Administration will inspect the facility and set a limit on the number of children.

Mr. Clagett stated that the application was for a total of 12 children and they should adhere to that number.

The Vice Chairman swore in the Applicant:

Sonya Johnson
2471 Rushland Ct.
Waldorf, MD 20603

The Vice Chairman asked the Applicant if she found the Staff Report to be true and accurate.

Ms. Johnson confirmed that the maximum number of children she is seeking is 12.

Mr. Clagett asked the Applicant if she understood that if the Board approves the Special Exception for 12 children, she would have to come back to the Board for a modification to increase that number.

The Vice Chairman asked the Applicant if she has had complaints from neighbors regarding parking for her existing operation.  The Applicant replied that she has been operating for five years and has had no complaints.

There was no testimony from the audience.

Actions by the Board

A MOTION was made by Mr. Mower, seconded by Mr. Johnston, to approve Docket #1332 by eliminating Condition #3 and replacing it with a maximum of 12 children.  With all voting in favor, the MOTION passed

7:17 PM, Public Hearing:  Docket #1333- La Plata Inc., for a Special Exception for a Dunkin Donuts restaurant, fast food drive-in and drive-thru, as provided in Article XIII, Section 297-212, and Article XXV, Section 297-415, of the Charles County Zoning Ordinance. 

Mr. Clagett stated there was adequate compliance with the notification requirements.

Ms. Cynthia Bilbra, Planning Staff, gave a brief summary of the request, using a location, zoning, and aerial map for reference:

  • Proposed:  Dunkin Donuts in an existing building and drive-thru
  • Address:  2915 Crain Highway, Waldorf
  • Staff recommends approval with conditions

The Vice Chairman swore in the following representative for the Applicant:

Staci Lagana
Lorenzi, Dodds, & Gunnill
3475 Leonardtown Rd.
Waldorf, MD 

Ms. Lagana gave a brief presentation describing the location.  She noted that the Applicant
is present for any questions and in agreement with the Staff Report.  The Applicant currently operates two other Dunkin Donuts in the area and are well established in the community.

The Vice Chairman asked if directional signage is planned for the drive-thru.  

Mr. Mower expressed concern with the amount of foot traffic in the Verizon store located at the other end of the shopping center.  As a precaution, he would like proper signage to alert Verizon customers that there is circling traffic coming in and going around. 

Ms. Lagana stated that most of their business is early morning. 

There was no testimony from the audience.        

Actions by the Board

A MOTION was made by Mr. Mower, seconded by Ms. Shannon Houston-Smack, to approve the Special Exception for Docket #1333 with Staff conditions of approval.  With all voting in favor, the MOTION passed

APPROVAL OF MINUTES

June 24, 2014 and July 8, 2014 were approved.

The meeting adjourned at 7:30 p.m.