CHARLES COUNTY GOVERNMENTDepartment of Planning and Growth ManagementMelvin C. Beall, Jr., P.E., Director

INTEROFFICE MEMORANDUM

TO: Denise Ferguson, Clerk to the Commissioners

THRU: Chuck Beall, Director

THRU: Reed Faasen, Acting Planning Director

THRU: Shelley Wagner, Program Manager

FROM: Heather Kelley, Planner II

DATE: July 1, 2008

SUBJECT: AGENDA ITEM: Millards Mill BZR Public Hearing

Please find attached three (3) sets of the above referenced documents for public BoardDocs. Thisagenda item is currently scheduled for July 9, 2008, at 6:00 p.m.

The electronic copy will be forwarded shortly. It may also be found in the Response directory at thefollowing path: R:HOME\COM\RESPONSE\PGM\Commissioners Agenda Items/July 9, 2008...pdf.

If you have any questions, please do not hesitate to contact either Heather Kelley at ext. 2592 or myselfat ext. 2594.

Attachment

cc: Chuck Beall w/attachment

Report to the County Commissioners Base Zone Restoration #07-02

Millard's Mill

The Planning Commission for Charles County, Maryland (“the Planning Commission”) held a public meeting on the above captioned petition on April 7, 2008 and closed the record at close of business on April 22, 2008. In consideration of the entire record made at such public meeting and during the open record period, including all testimony, documents, and exhibits offered therein by way of oral, written, or referenced material and in light of matters of public record of which official notice has been taken, the Planning Commission hereby makes the following Findings, Conclusions and Recommendations applicable to Base Zone Restoration Petition #07-02 (“the Petition”).

FINDINGS AND CONCLUSIONS 1. The Applicant and owner, Creekside Properties, LLC, is seeking a restoration of the base zone of RL, Low Density Residential, to the property identified as Tax Map 21, Parcel 39, containing 24.55 acres, more or less, and located in the 10th Election District of Charles County, Maryland and commonly referred to as “Millard's Mill” (hereinafter “The Property”). The Property is currently zoned RC(D), Rural Conservation Deferred. 2. The property is located on MD Route 225 (Hawthorne Road), across from the Mattawoman Wastewater Treatment Plant. The Property is bound to the southeast, the south, and partially to the northwest by the Hunter's Brooke subdivision. The Falcon Ridge subdivision is also adjacent to a portion of the Property's northwest boundary. 3. Public water and sanitary sewer currently exist adjacent to the Property. Water is located within the adjacent Hunter's Brooke subdivision. Sanitary sewer has been extended from the Mattawoman Wastewater Treatment Plant to the adjacent Hunter's Brooke subdivision and is located to the north of the Property. 4. The portion of the Mattawoman Creek Stream Valley that is located on the Property, containing approximately 10.41 acres, more or less, will be encumbered with a permanent conservation easement, except for that area necessary for access to the parcel, executed and recorded among the Land Records of Charles County, to prevent future subdivision and development of these areas and to further protect the Mattawoman Creek Stream Valley. 5. The current water and sewer categories for the Property are W-3 and S-3, respectively. No water or sewer category changes will be necessary prior to submission of a preliminary plan of subdivision. 6. The Property is not eligible for listing on the National Register of Historic Places.

7. On January 4, 2008 the Applicant submitted a letter requesting restoration of the underlying base zone for the Property. 8. On March 11, 2008, the County Commissioners referred the request to the Charles County Planning Commission for a recommendation. 9. On April 7, 2008, the Charles County Planning Commission held a public meeting to consider the Petition. At the public meeting, the Planning Commission considered the petition, staff analysis and the oral testimony from the Applicant. The record was held open until the close of business on April 22, 2008 for further written testimony. 10. Two (2) emails were received during the open record, one supporting the Base Zone Restoration and one opposing the Base Zone Restoration. 11. The Planning Commission held a work session on May 5, 2008 to consider the Petition. During the work session, the Planning Commission considered the petition, staff analysis, the Applicant's previous oral testimony, and the comments received during the open record period. 12. A motion was made that the application be approved based upon the following: that a requirement of the current law is to prevent leapfrog development, and this proposal does not represent leapfrog development because of the location and availability of public water and sewer; that the Mattawoman Stream Valley would be protected, and; that the Applicant had met the burden of proof for the request. The motion to recommend approval of the base zone restoration failed four (4) to three (3). By voting against the motion, the Planning Commission intended to recommend disapproval of the base zone restoration request.

RECOMMENDATIONS

Although the Petition meets the technical requirements set forth in §297-88(E) of the Charles County Code, the Planning Commission recommends that the County Commissioners of Charles County, Maryland, deny Creekside Properties, LLC's petition to restore the underlying base zone of the property identified as Tax Map 21, Parcel 39 in the 10th Election District and commonly referred to as the “Millard's Mill.” The majority of the Planning Commission recommends that the County Commissioners review the RC(D) and clarify the legislation permitting base zone restoration. With respect to the legislation enabling base zone restoration, the Planning Commission is concerned about the criteria for evaluating such restoration requests and whether such criteria adequately prevents leapfrog development and simultaneously protects the Mattawoman Basin.

CHARLES COUNTY PLANNING COMMISSION

_____________________________

Raymond Detig, Chairman

Planning Commission WorksessionMay 5, 2008

BRZ 07-02Millard's Mill

Summary

The applicant, Creek Side Properties, LLC, is requesting a determination of appropriateness to restorethe underlying zoning of RL to the property currently zoned RC(D), located on Tax Map 21 and shownas Parcel 39. The applicant has submitted the following information in accordance with the criteriaestablished with the RC(D) Exemption legislation:

1. A letter was submitted by the applicant and owner requesting restoration of the underlying zone.

2. The property is currently located in the W-3 and S-3 public water and sewer categories. Public water and sanitary sewer currently exist adjacent to the property. Water is located within the adjacent Hunter's Brooke subdivision. Sanitary sewer has been extended from the MattawomanTreatment Plant to the adjacent Hunter's Brooke subdivision and is located immediately north ofthe property.

3. The applicant has stated that areas of the parcel within the Mattawoman Stream Valley, except for that area necessary for access to the parcel, will be placed in a conservation easement.

4. No water or sewer category change will be necessary.

5. The subject property is not eligible for the National Register of Historic Places.

6. A general map showing the property was submitted.

The Planning Commission held a Public Meeting on April 7, 2008. At the meeting, Planning Staffpresented the application for the request and the Applicant responded to questions from the PlanningCommission with regard to future plans for the property. There were no speakers at the meeting.

The record was held open for fifteen days, until April 22, 2008. The Planning Commission receivedtwo (2) emails with regard to the proposal (attached). The first email expressed objection to theproposal. The second email expressed support of the proposal.

There were no other submissions into the record during the open record period.

(7/2/2008) Sarah Sandy - Creek Side Properties LLC and Pomfret LLC Page 1

From: Hal or Nancy Delaplane <planes@bellatlantic.net>To: <kelleyh@charlescounty.org>Date: 4/13/2008 12:46 PMSubject: Creek Side Properties LLC and Pomfret LLC

Regarding the 2 above mentioned LLCs:

What's the point of trying to prevent "leapfrog" development with "rural conservation deferred zoning" if it can be changed every time a developer wants to build? The size of the development doesn't matter. Changes in zoning should be the exception rather than the rule.

Sincerely,

Nancy DelaplaneLa Plata, Md.

Sarah Sandy - Creek Side Properties, LLC proposal

  I think this project would be good for Charles County.  Bringing back a part of history is always good!  This is obviously not a normal development project, and, in my opinion, should be allowed to move forward because of the historic nature. Tony Farland Business Advisor PNC Bank Phone (301) 392-5134 Mobile (301) 848-0111 Fax (301) 932-6470 anthony.farland@pnc.com The contents of this email are the property of PNC. If it was not addressed to you, you have no legal right to read it. If you think you received it in error, please notify the sender. Do not forward or copy without permission of the sender. This message may contain an advertisement of a product or service and thus may constitute a commercial electronic mail message under US Law. PNC’s postal address is 249 Fifth Avenue, Pittsburgh, PA 15222. If you do not wish to receive any additional advertising or promotional messages from PNC at this e-mail address, click here to Unsubscribe. https://pnc.p.delivery.net/m/u/pnc/uni/p.asp By unsubscribing to this message, you will be unsubscribed from all advertising or promotional messages from PNC. Removing your e-mail address from this mailing list will not affect your subscription to alerts, e-newsletters or account servicing e-mails.

From:    <anthony.farland@pnc.com>To:    <kelleyh@charlescounty.org>Date:    4/15/2008 10:50 AMSubject:   Creek Side Properties, LLC proposal

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REPORT TO THE PLANNING COMMISSION

RC(D) BASE ZONE RESTORATIONBZR #07-02

Applicant: Creek Side Properties, LLC, known as Millard's Mill

Location: Tax Map 21, Parcel 39Tenth Election DistrictHawthorne Road (Route 225) adjacent to the Hunter's Brooke Subdivision

In order to restore the underlying zoning district of property in the RC(D) Zone, the applicant mustreceive a determination of appropriateness from the County Commissioners in accordance with§297-88(A) of the Charles County Zoning Ordinance. The following criteria, with Staff review andcomment, were established to assist the Commissioners with their determination of appropriateness.

1. Letter submitted by applicant and owner requesting restoration of underlying zone.

A letter (dated July 29, 2007) was submitted by Ken R. Crouse, P.E., Crouse Engineering,Inc., on behalf of Creek Side Properties, on January 4, 2008 requesting restoration ofunderlying zone (letter attached). Staff has determined that the subject parcel is currentlylocated in the RC(D) zone and the underlying base zone is Low Density Residential (RL).

2. An explanation of how the development is served by public water and sewer and how the proposed method of public water and sewer will not contribute to leapfrog development.

The subject parcels are located in the W-3 and S-3 water and sewer categories, approved bythe Charles County Commissioners as a Water and Sewer Category Amendment during the Fall2007 Water and Sewer Amendment cycle. The water/sewer category approval was subject tothe following conditions:

1. Developer must extend and size the infrastructure to serve the surrounding service area.

Public water and sanitary sewer currently exist adjacent to the property. Water is located within the adjacent Hunter's Brooke Subdivision. Sanitary sewer has been extended from the Mattawoman Treatment Plat to the adjacent Hunter's Brooke Subdivision and is located

just to the north of the development proposal. An extension is planned from the existing sanitarysewer to the site.

1

3. Affirming that those areas of the development within the Mattawoman Creek Stream Valley will permanently be preserved in a conservation easement to prohibit future subdivision of land and to maintain the land in a natural state, if applicable.

The applicant has stated that the portion of the Mattawoman Creek Stream Valley that islocated on the property will be encumbered with a permanent conservation easement, exceptfor that area necessary for access to the parcel, executed and recorded among the LandRecords of Charles County, to prevent future subdivision and development of these areas.

4. Noting any water and/or sewer category changes that may need to be approved prior the subdivision plan submission.

No water or sewer category changes will need to be approved prior to submission of thepreliminary plan of subdivision.

5. Affirming that the property is eligible for listing on the National Register of Historic Places, if applicable.

This item is not applicable; however, the property is not eligible for listing on the NationalRegister of Historic Places.

6. Submission of a general map showing the location of and listing the parcel(s) that are subject to subdivision.

A map of the parcel subject to the base zone restoration request has been submitted and isattached.

Recommendation:

Should the Planning Commission determine that the request for the restoration of the RL base zoning isappropriate for the subject property, Staff recommends the following condition:

1. All land within the development site that falls within the Mattawoman Stream Valley, as delineated by the Department of Natural Resources, shall be subject to a recorded permanent easement prior to recording of the first plat of subdivision.

2