Planning Commission

APPROVED 10/14/15 MINUTES PLANNING COMMISSION OF POOLESVILLE September 30, 2015 CALL TO ORDER: Commissioner Sneed called the meeting to order at 7:30 p.m. In attendance was Commissioner Schramm, Johnson, Stump and Town Manager Yost, Town Attorney Gullo and Town Engineer Strong. ANNOUNCEMENTS: CITIZEN COMMENT ON AGENDA ITEMS: APPROVAL OF MINUTES: Commissioner Stump moved to approve minutes of August 12, 2015. Seconded by Commissioner Johnson. Motion carried 4-0. NEW BUSINESS: Variance 001-15 - Hooper Paul Hooper, 19001 Fisher Avenue. Mr. Hooper testified that his property was nearly 1 acre in size and located within a 1/2 acre Zone. The reason for the variance is that the most suitable location for the garage falls within a delineated floodplain on the lot and the desired size of the garage is just under 900 sq ft. Mr. Hooper stated that he had been in contact with Montgomery County Permitting Services and that was told that the County does allow this although there may be specific building requirements. He also explained that the size requested was in balance with the actual lot size. He also stated that his lot was surround by large tree lines and adjacent properties on either side belonged to the Town, Well 7 and a sewage pump station. Town Engineer Strong testified that Montgomery County does allow non-occupied dwelling in floodplains with certain construction requirements. Strong recommended that the Planning Commission require that copies of final requirements be filed with the Town. Town Attorney Gullo informed the Commission that most jurisdictions do allow non-occupied structures within floodplains, although the Town does not, they do have the authority to grant variances in accordance with the request. Commissioner Stump motioned to approve the size and location variance with condition for records to be submitted. Seconded by Commissioner Johnson. Motion carried 4-0. Special Exception 003-15 - Poolesville Liberty Charles Jamison, Attorney for the applicant submitted a petition with 175 signatures supporting the application to increase the current hours of operation from 5:30 AM - 10:00 PM to 24/7/365. Mr. Jamison explained that they had received several requests to stay open late especially during snow storms and power outages since they were the only station in Town to have diesel and an emergency generator. Linda Nessul - 20101 Fisher Avenue testified that she has lived next store to this fuel station since 1992. She stated that while the Jamison’s were doing a great job running the station, in the past, there was several problems with kids hanging out, loud music and general disrupting late night activity. While she was fine with the emergency openings, she was against any 24 hour operations. Jeff Oyer - 6 Haller Ct testified that his residence is located in the neighborhood directly behind the station. He echoed Mrs. Nessul's testimony and was against 24/7/365 operations. Robert Butz - Owner of the station testified that while he understands the residents' concerns, he explained that the operations of the station are different from the previous owners and if there are problems they take care of them immediately. The manager is local and understands the importance of being a good neighbor and part of the community. He stated that there is a real demand and need for the station to be open later than it current regulations allow. McDonalds is open till midnight and the bars are open till 2 AM. Commissioner Sneed, disclosed that he lived behind the station. He strongly opposed 24/7/365 operations. He stated that that type of operation would encourage loitering which would lead to car stereos and loud noise as it did in the past. He stated that the need for people leaving a bar at 2AM to stop and get gas would only lead to problems. Sneed also brought up the amount of broken down cars, trucks and junk accumulating in front of the repair shop. Mr. Butz assured the Commission that he would take care of it. Commissioner asked if the pumps were accessible automatically 24/7 now. Mr. Butz replied, no and if they did, they would have to comply with Montgomery County Fire Marshall regulations. Commissioner Stump said that he would have difficulty support a 24/7/365 operation of the whole station but could support 24 hr. automatic pumps and emergency operations. Commissioner Sneed responded saying that he could not support 24 hour automatic pumps as it would cause people to hang out. Commissioner Schramm said that he missed being able to run out to Highs when it was open till midnight to grab milk and could see expanding the hours of operation. He said that he would be fine with 24 hour automatic pumps but did have a concern with the loud speaker system current advertising on the pumps. Preston King, Poolesville Director of Public Works testified that a 24 hr pump is needed as several times staff gets held over late with water main breaks or other emergencies and if they were short on gas they were stuck. Scott Blackburn - CPA who leases a space next to the station stated that if people are hanging out, address that problem don't punish the business. Commissioner Stump read two emails against the request. Mr. Butz testified that if the 24 hr automatic pump was allowed it would be limited to the line of pumps not under the canopy. Commissioner Stump motioned to recommend to the Board of Zoning Appeals to allow opening during emergencies and automatic 24 hr pumps. Seconded by Commissioner Johnson. Motion carried 3-1 with Commissioner Sneed against. OLD BUSINESS: Site Plan & Forest Conservation - Kuhlman Julie and J.D. Kuhlman were accompanied by their engineer Charles Grimsley. They briefed the Commission on the requested changes in the site plan. Forest Conservation easement changed in the area along Budd Road from a Phase I to a Phase II. The request was made to be able to remove dead growth and replant to maintain a buffer as requested by the Planning Commission. The Commission agreed that this was a viable option as long as a buffer was maintained to obstruct the landscape business activity from Budd Road. An agreement would have to be developed outlining the conservation requirements. The site plan showed 3-1,000 gallon fuel storage tanks. Attorney Gullo opined that since the testimony at the Board of Zoning Appeals Hearing allowed only 2-1,000 tanks, either the plan would have to be amended or the applicant would have to amend the Special Exception for the landscape use. The applicants testified that they would amend the plan to reflect 2 tanks. Commissioner Stump motioned to approve the Forest Conservation Plan as presented and to approve the site plan once amended with only 2 tanks. Seconded by Commissioner Johnson. Motion carried 4-0. Village Concept Overlay Zone Manager Yost and Attorney Gullo presented the Overlay Zone sections that would be codified and the Design Manual as discussed during the August 12, 2015 meeting. Commissioner Sneed offered some edits, which the Commission agreed with. Commissioner Stump motioned to forward the documents to the Commissioners. Seconded by Commissioner Johnson. Motion carried 4-0 ADJOURNMENT A motion to adjourn was made by Commissioner Stump, seconded by Commissioner Schramm. Motion passed 4-0.