0UGA:-, MCKISSICK &LONGMORE.,

ll7J8 M,ULI ROAD. SUIT.II 101

Laxo,aoro,-, PAU, M,UYU.ND 206H

P11w.,1: }01 Hl-)76"

FAX: )01 162•3719

BEFORE THE ST. MARY'S COUNTY BOARD OF APPEALS

In re: Concept Plan #18-13200021

7-ELEVEN LEONARDTOWN

*

* Appeal No. ____ _

Appeal from the February 10, 2020 Decision

of the St. Mary's County Planning

Commission to Deny Concept Site Plan

Approval

*

*

NOTICE OF APPEAL

Comes Now, 7-Eleven, Inc. and Margaret Lorraine Goddard of the Joseph Howard

Goddard Bypass Trust, Trustee, by and through their attorneys Christopher T. Longmore

and the law firm of Dugan, McKissick & Longmore, LLC, pursuant to Rule 2-102 of the Rules

of Practice and Procedure of the St. Mary's County Board of Appeals, and files this notice of

appeal of the February 10, 2020 decision of the St. Mary's County Planning Commission,

and in support thereof states as follows:

1. The Appellants and their addresses are as follows:

2.

a. 7-Eleven, Inc. - 3200 Hackberry Court, Irving, TX 75063.

b. Margaret Lorraine Goddard, Trustee of the Joseph Howard Goddard

Bypass Trust Under Article IV of the said Joseph Howard Goddard

Revocable Trust u/t/a dated March 20, 1997 and as restated on March

14, 2014 - 20529 White Point Road, Leonardtown, Maryland 20650.

Street Address of Property: 24175 Point Lookout Road, Leonardtown,

Maryland 20650.

3. The map and parcel number of the Property: Tax Map 041, Grid 0013, Parcel

1

REC IV D

MAR 06 2020

St Mary's County Land Use & Growth Management

EXHIBIT: 4 ATTACHMENT: 1 Notice of Appeal ZAAP 18-132-00021 7-Eleven Appeal

DUG ... N, MCKISSICK &LONGMORE.,

21738 MAtLl ROAD, SUIT.I! 101

LEXJNC?OH PAU:, J.iA,t.YLU'40 206H

PHotili: lOI 86?•):64

fax: )01 862-)719

0052, 3rd Election District, Tax Identification Number: 009343.

4. Land Use and Growth Management Control Number: Concept Plan# 18-

13200021 7-ELEVEN.

5. The administrative action that is the subject of this appeal is the February 10,

2020 decision by the St. Mary's County Planning Commission to deny the Appellants'

request for Concept Site Plan Approval for a 3,065 square foot convenience store and 4,402

square foot fuel sales canopy.

6. The names and addresses of the owners located within 200 feet of the

subject of the appeal (as shown on the Official Zoning Maps and contained in the records of

the Maryland Department of Assessments and Taxation), including lands abutting any

public or private right of way or common areas located within 200 feet of the property that

is the subject of the hearing:

Bennett Homes, LLC-P.O. Box 530, Leonardtown, MD 20650

Board of Education -23160 Moakley St., Leonardtown, MD 20650

Board of County Commissioners -P.O. Box 653, Leonardtown, MD 20650

Gary & Ellen Whipple -40856 Medleys Neck Rd., Leonardtown, MD 20650

Francis Burch, et al., c/o Thomas F. Clifford-8855 Chapel Point Rd., Port Tobacco, MD 53226

Charles Guy, Sr. -22485 Ellis Rd., A venue, MD 20609

John & Laura Egnaczyk-22195 Hanover Dr., Leonardtown, MD 20650

Hanover at Breton Bay Homeowners Association, Inc -P.O. Box 1538, Leonardtown, MD 20650

Cory & Lisa Yager-22164 Hanover Woods Ct., Leonardtown, MD 20650

Anthony Branch & Teri Berrian -22208 Hanover Dr., Leonardtown, MD 20650

DUGA:-, MCKISSICK &LONGMORE ••

127)1 MArU lo.u>. Su1n IOl

UXD'CTc»,1 PAtU.. M.AlYl..A),10 l06H

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Edward Hall & Robin Barrett-22152 Hanover Woods Ct., Leonardtown, MD 20650

Derek Marchlewicz-22144 Hanover Woods Ct., Leonardtown, MD 20650

Maureen Elizabeth Fortin, Trustee of the Maureen Elizabeth Fortin Revocable Trust -22202 Hanover Dr., Leonardtown, MD 20650

James & Doris Knott - 40845 Medleys Neck Rd., Leonardtown, MD 20650

7. The following are specific statements of the bases of the appeal:

a. The Planning Commission considered information that was not within

the record of the Planning Commission hearing, including but not limited to the personal

opinions and experiences of individual Planning Commission members.

b. The Planning Commission considered information in reaching its

decision that was irrelevant to the application, including but not limited to the potential

future development of an adjacent eight-acre parcel and all future but as yet unplanned

development within the Leonardtown Development District.

c. The Planning Commission failed to make the findings required by

Section 60.6 of the St. Mary's Comprehensive Zoning Ordinance.

d. The Planning Commission failed to accept the approved Traffic Impact

Study, prepared by Lenhart Traffic Consulting, Inc. and made part of the record, despite the

fact that there were no credible, relevant or substantial evidence in the record to rebut the

findings of said traffic study.

e. The Planning Commission, in denying the application, took actions

that went beyond their authority and role in reviewing a concept site plan, including but

not limited to making determinations regarding traffic and other adequate public facilities

criteria despite the fact that the St. Mary's County Comprehensive Zoning Ordinance

3

DUG ... N, MCKISSICK &LONGMORE ...

227l8 .. iA.rU ROAD, SUIT■ 101 llXl),lQTON P.ux, .. iAaYLAHD 106H

PHONli: 301 862·3'"64 FAX: 301 862·3189

expressly designates that these decisions are to be made by the Planning Director as part of

the final site plan approval. See Chapters 60 and 70 of the St. Mary's County

Comprehensive Zoning Ordinance.

f. The Planning Commission, in denying the application, took actions

that were contrary to the stated goals and objectives of the St. Mary's County, Maryland

Comprehensive Plan and the St. Mary's County Comprehensive Zoning Ordinance, including

but not limited the promotion of activities within the County's town centers such as the

development that is proposed in this action.

2020.

8. Attached hereto as Exhibit A is a copy of the minutes from the February 10,

9. Attached hereto as Exhibit B is a copy of the February 13, 2020 letter from

William B. Hunt, Director of the Department of Land Use and Growth Management,

confirming the Planning Commission's decision.

10. The undersigned reserves the right to supplement the above information

pursuant to the Rules of Procedure of the Board of Appeals and at the hearing on this

Appeal.

Christopher T. L9 ore Dugan, McKissic

�ongmore, LLC

22738 Maple Ro , Suite 101 Lexington Park, aryland 20653 (301) 862-3764chris@paxlawyers.com

4

DUG ... 1', MCKISSICK &LONGMORE ...

227)8 .. -1.-..rL� ROAD, Surr, 101

L.!:XOIOTON PAI.It, UAU.U.HO '206H

PHOH!il: 301 862•}';'64

F.i...x: JOI 862-3789

Certificate of Service

I certify, that on this °b-th day of March, 2020, a copy of this Notice of Appeal was

hand-delivered and mailed, first class pre-paid postage, to David Weiskopf, County

Attorney, P.O. Box 653, Chesapeake Building, 41770 Baldridge Street, Leonardtown,

Maryland 20650 and William B. Hunt, Director, Department of Land Use and Growth

Management, 23150 Leonard Hall Drive, Leonardtown, Maryland 20650.

5

St. Mary's County Department of Land Use and Growth Management 23150 Leonard Hall Drive, Leonardtown, Md. 20650

Phone (301) 475-4200, ext. 71500 Fax (301) 475-4672

BOARD OF APPEALS/ ADMINISTRATIVE VARIANCE

APPLICATION

INSTRUCTIONS TO APPLICANT:

Please complete the information below prior to Board of Appeals submission. This application will be required in order to accept and process your submission. All application materials must be folded or of a size which will fit into a standard legal folder.

CONTROL NUMBER: _______________ (To be completed by LUGM personnel)

PROJECT NAME: ______________________ _

PROPERTY OWNER: Margaret Lorraine Goddard, Trustee of the Joseph Howard Goddard Bypass Trust

ADDRESS: 20529 White Point Road, Leonardtown, MD 20650

PHONE#: __________ .E-MAIL ADDRESS: _________ _

AGENT (if other than property owner): _C_h_r _is _to�p_h _e _r _T _. L_on_ g�m_ o_ r _e __________ _

ADDRESS: 22738 Maple Rd., Suite 210, Lexington Park, MD 20653

PHONE#: 301-862-3764 E-MAIL ADDRESS chris@paxlawyers.com

PROPERTY LOCATION (Street Address or Tax Identification Number): 24175 Point Lookout Rd., Leonardtown, MD 20650

PARCEL IDENTIFICATION: TAX MAP: 41 GRID: 13 PARCEL: 52 LOT: BLOCK:

ZONING: CMX C.A. OVERLAY: ELECTION DISTRICT: 3rd ACREAGE: 5.4

D Administrative Variance D Variance

D Area ----

□ Bulk----

□ Density ___ _D Other

----

--- --- ----

D Critical Area Administrative Variance D Critical Area Variance

D Encroachment in I 00' buffer ----------

□ Increase of Impervious Surface of ________ _D Other

-------------------

D Appeal of Administrator's Decision 0 Conditional Use Approval

Please describe requested action:

LUGM Form43 Rev (1-22-2020) Page 1 of2

Board of Appeals / Administrative Variance Application Page 2 of 2

APPLICATION SUBMISSION REQUIREMENTS:

D Pre-Application Conference Held with on ----------------- --------

D Letter of Intent addressing standards □ Non-CA Site Plan/Plot Plan

14 Prints - BOA 3 Prints - Administrative

D Critical Area Site Plan/Plot Plan 14 Prints - BOA

3 Prints - Administrative

* Please show topography on all CriticalArea Site Plans.

Approvals Received: __ Health Department (HD) __ Soil Conservation District (SCD) __ Critical Area (CA) __ Critical Area Commission (CAC) __ DPWT (if applicable)

(staff) (date)

Review Fees:

□ $750 -□ $500 -IX] $0□ $500 -□ $670 -D $25 each

Conditional Use Variance/ Critical Area Variance *AppealAdministrative Variance - AllExpansion of Non-Conforming UseResubmissions

All Advertising Fees To Be Determined,

Applicants Will Be Billed.

Other fees may apply. See the St. Mary's County User Fee Schedule, effective July.I, 2018.

* APPEALS: Pursuant to Section 23. l.2 of the Comprehensive Zoning Ordinance an appeal shall be filedwithin 30 days of the date of the action being appealed by filing an application for Board of Appeals review withSt. Mary's County Government, Office of the County Attorney. An application for appeal shall identify withspecificity all grounds for the appeal. Please state in detail your grounds for appeal. Please provide a separatewritten Notice of Appeal, if more space is needed.

See attached Notice of Appeal.

IXl I hereby swear or affirm that I have the authority from the property owner to make this application and that this application is correct.

D I hereby swear or affirm that I am the property owner and that this application is correct.

Staff and Board members are hereby authorized to enter the site to view the particulars of the application.

PROPERTY OWNER/AUTHORIZED AGENT'S

NJ I prefer all correspondence to be sent (circle one) U.S. Mail/Emailed/Faxed (Fax #) chris@paxlawyers.com

LUGM Form43 Rev (1-22-2020)

2125/2020 BoardDocs® Plus

Planning Commission (Monday, February 10, 2020)

Generated by Planning Co1mn on Wednesday, February l2, 2020

Members present

J Howard Thompson, Chair

Joseph L VanKirk, Co-Chair Joseph Fazekas Caroline King William R Hall III Martin Siebert Patricia Robrecht

Merl Evans, Alternate

Meeting called to order at 6:33 PM

1. CALL TO ORDER2. ROLL CALL3. AGENDA

4. REVIEW AND APPROVAL OF MINUTES

I move to approve tbe January 27, 2020, Planning Commission Minutes.

Motion by Joseph L Van Kirk, Second by Martin Siebert. Final Resolution: Motion Can-ies Yea: J Howard Thompson, Joseph L Van Kirk, Joseph Fazekas, Caroline King, William R Hall III, Merl Evans, Ma1tin Siebe1i

Not Present at Vote: Patricia Robrecht Joe St. Clair recused himself

5. PUBLIC HEARING: 18-132-021 7-Eleven Leona rd town Concept Site Plan-Continued from January 27,2020In the matter of CONCEPT SITE PLAN# 18-13200021, 7-Eleven Leonardtown, having accepted the staff

report and having made a finding that the objectives of Section 60.6 of the Comprehensive Zoning Ordinance

have been met and noting that the referenced project has met all requirements for concept approval, I move thatthe concept site plan be APPROVED WITH THE FOLLOWING CONDITIONS:

I. Addition of road frontage sidewalks and state highway administration approved road crosswalks completedprior to issue of Use and Occupancy permit.

2. Addition of fence at lease line and buffering to mitigate light pollution in open areas.

Motion by Martin Siebert, Second by Merl Evans. Final Resolution: Motion Fails Yea: J Howard Thompson, Merl Evans, Ma1ti.t1 Siebert Nay: Joseph L Van Kirk, Joseph Fazekas, Caroline King, William R Hall ITT Not Present at Vote: Patricia Robrecht

Joe St. Clair recused himself

6. PUBLIC HEARING: 19-132-018 7-Eleven Lexington Park Concept Site PlanIn the matter of CONCEPT SITE PLAN# 19-13200018, 7-Eleven Lexington Park, having accepted the staffreport and having made a finding that the objectives of Section 60.6 of the Comprehensive Zoning Ordinancehave been met, and noting that the referenced project has met all requirements for concept approval, I move that

h lips :I/go. boarddocs. com/md/s lmarysco/Board. nsf /Private ?open&logi n# 1 /2

2/25/2020 BoardDocs® Plus

the concept site plan be APPROVED WITH THE FOLLOWING CONDITIONS:

l. All road improvements are completed before issuance of the Use and Occupancy permit.

Motiou by Joseph Fazekas, Second by Joseph L Van Kirk.

Final Resolution: Motion Canies

Yea: J Howard Thompson, Joseph L Van Kirk, Joseph Fazekas, Caroline Kiug, William R Hall III, Merl Evans,

Patricia Robrecbt

Not Present at Vote: Martin Siebert

Joe St. Clair recused himself

7. PUBLIC HEARING: 19-132-001 7-Eleven Callaway Concept Site Plan-Continued from December 09,2019

In the matter of CONCEPT SITE PLAN# 19-1320000 I, 7-Eleven Callaway, I make a motion to continue to

March t6, 2020.

Motion by Patricia Robrecht, Second by Joseph Fazekas.

Final Resolution: Motion Carries

Yea: J Howard Thompson, Joseph L Van Kirk, Joseph Fazekas, Caroline King, William R Hall III, Merl Evans,

Martin Siebert

Joe St. Clair recused himself

8.ADJOURN

I move to adjourn the February l 0, 2020, Planning Commission meeting at 9:25 p.m.

Motion by Joseph Fazekas, Second by William R Hall III.

Final Resolution: Motion Carries

Yea: J Howard Thompson, Joseph L Van Kirk, Joseph Fazekas, Caroline King, William R Hall III, Merl Evans,

Patricia Robrecbt

Not Present at Vote: Martin Siebert, Joe St. Clair

https://go.boarddocs.com/md/stmarysco/Board.nsf/Private?open&logln# 212

r j t

ST. MARY'S COUNTY GOVERNMENT

DEPARTMENT OF LAND USE

AND GROWTH MANAGEMENT

William B. Hunt, AICP, Director

COMMISSIONERS OF ST. MARY'S COUNTY:

Harry Knjght, Deputy Director

February 13, 2020

7-Eleven, Inc.Brianne Wilson3200 Hackberry CourtIrving, TX 75063

RE: CONCEPT SITE PLAN# 18-13200021, 7-ElevenLeonardtown

Dear Ms. Wilson:

James R. Guy, President Eric Colvin, Commissioner

Michael L. Hewitt, Commissioner Todd B. Morgan, Commissioner

John E. O'Connor, Commissioner

On February 10, 2020, the St. Mary's County Planning Commission reviewed your request of a Concept Site Plan for a 3,065 square foot convenience store and 4,402 square foot fuel sales canopy.

The Planning Commission having accepted the staff report and having made a finding that the objectives of Section 60.6 of the Comprehensive Zoning Ordinance have been met, and noting that the referenced project has met most of the requirements for concept approval, moved that the concept site plan be approved with the following conditions:

1. Addition of road frontage sidewalks and state highway administration approved road

crosswalks completed prior to issuance of Use and Occupancy permit.

2. Addition of a fence at the lease line and buffering to mitigate light pollution in open

areas.

The motion was denied by a 4 to 3 vote.

The next step, if you choose, is to proceed to the Board of Appeals to appeal the Planning Commission decision. The appeal must be made within 30 days from the date of the Planning Commission public hearing.

If you have any questions, please contact me at (301) 475-4200, ext. 71508.

Sincerely,

��w William B Hunt Director

cc: Bohle! Engineering Chris Longmore

P.O. BOX 653 • PATUXENT BUILDING• 23150 LEONARD HALL DRIVE, LEONARDTOWN, MD 20650 PHONE 301.475.4200 X71500 • FAX 301.475.4635 • www.stmarysmd.com • LUGM@STMARYSMD.COM