BOONSBORO PLANNING AND ZONING

ANNUAL REPORT

January 1, 2008-December 31, 2008

Prepared by MeganClark, Town Planner/Zoning Administrator

Boonsboro Planning and Zoning 2008 Annual Report

Introduction

Table of Contents

INTRODUCTION

ADMINISTRATION

Boards and Commissions……………………………………………………………………………………………

Staff

Fees

SUMMARY OF ACTIVITIES

Overview

Major Subdivisions/Commercial Site Plans

Minor Subdivisions

Variances & Special Exceptions

Administrative Adjustments……………………………………………………………………………………….. 6

Comprehensive Plan

Zoning Text and Subdivision Amendments

Building and Zoning Permits

Property Maintenance

FUTURE PROJECTS/GOALS

Appendix A: 2008 Board and Commission Member, Meetings, and Attendance……………………………………13

Appendix B: Town Planner & Zoning Administrator Job Description………………………………………………14

Appendix C: 2008 Fees……………………………………………………………………………………………….15

Appendix D: 2008 Zoning Code/Enforcement Report……………………………………………………………….16

INTRODUCTION

The purpose of the Annual Report is to summarize the activities of the Planning and Zoning Department for the year and to look ahead for the planning of years to come. The report is developed in accordance with Article 66B §3.09 of Maryland State Code to assist both the citizens of the Town Of Boonsboro and the Officials of the Town, including Mayor & Council, the Planning Commission, Board of Zoning Appeals, etc in evaluating the performance of the Department, determining growth patterns, and planning the future of the Town.

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Boonsboro Planning and Zoning 2008 Annual Report

Administration

ADMINISTRATION

Boards and Commissions

The Town Of Boonsboro has two appointed boards/commissions that are charged with upholding the Regulations and Codes of the Planning and Zoning Department. The Planning Commission hears applications of subdivision and site plan, makes recommendations on variance and special exception requests, and implements and updates the recommendations of the Comprehensive Plan. The Board of Zoning Appeals hears and decides cases of requests of variances and special exceptions. The Board also hears appeals from decisions made by the Zoning Administrator or Planning Commission.

The Planning Commission is comprised of seven (7) membersthat serve five (5) year staggered terms and one Mayor and Council Liaison appointed by the Mayor and Council. The Planning Commission meets every fourth Wednesday evening as and when necessary on the second floor of Town Hall located at 21 North Main Street in the Town Of Boonsboro.

The Board of Zoning Appeals is comprised of five (5) members and one alternate that serve three (3) year staggered terms. The Board of Zoning Appeals meets every third Tuesday as necessary in the Community Center at ShaferPark.

The names of the members of these boards, meeting dates, attendance records, and the member term expirations are located in Appendix A.

Staff

Megan Clark is the current Town Planner/Zoning Administrator for the Town.She is directly responsible for all activities related to land use within the Town Of Boonsboro. The Town Planner/Zoning Administrator reports to the Town Manager as well as Mayor and Council and the Boards and Commissions. The Town Planner and Zoning Administrator job descriptions are located in Appendix B.

The Planning and Zoning Department is located on the 2nd Floor of Town Hall and is open from 8-4:30pm Monday thru Friday.

Fees

The Planning and Zoning Department collects review fees for all applications, including but not limited to permits, Preliminary Plan review, Zoning Amendments, entrance permits, Annexation fees, etc. Since mid 2006, a $15.00 technology fee is applied to all applications. In addition, seventy-five percent of building permit review fees go to WashingtonCounty for the processing and inspection of the Town Permits. For the year 2008, the total revenue of the Planning and Zoning Department was $21,381.07. Appendix C provides a break down of all the fees collected.

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Boonsboro Planning and Zoning 2008 Annual Report

Summary of Activities

SUMMARY OF ACTIVITIES

Overview

The Planning and Zoning Department processes all applications regarding land use, including but not limited to building, subdividing, commercial use, signs, road entrances, property maintenance, etc. The Department also keeps and maintains records that are available to the public. The following sections are broken down into categories based upon the type of applications.

Major Subdivisions/Commercial Site Plans

In 2008, the Planning Commission heard five applications of Major Subdivisions/Commercial Site Plans.

The Dean South Property is located adjacent to the Fletcher’s Grove Subdivision off of Chase Six Boulevard. The property is currently zoned both Multi-Family Residential (MR) and Suburban Residential (SR), consists of approximately 12 acres, and is required, per the Annexation Agreement effective in February of 2007, to provide single story attached senior housing units.On January 23, 2008, the Planning Commission granted Concept Plan approval of forty-eight (48) single story condominiums reserved for property owners ages fifty-five (55) years and older. The approval was granted contingent upon a zoning text amendment to the SR zone to allow a condominium use and is described in detail under the Zoning section.

The Dean North property, directly across Chase Six Boulevard from the Dean South property, also gained Concept Plan approval from the Planning Commission. The property consists of approximately 16 acres zoned MR, which allows for 7500 sq. ft. single family dwelling lot. The Concept Plan is approved for sixty-one (61) single family dwelling lots off of existing Burton Way.

The Flook property, located on the North and South side of Lappans Road, gained Concept Plan approval from the Planning Commission on July 23, 2008. The majority of the fifty-two (52) acre property is Zoned GC with approximately five (5) acres zoned MR. The plan proposes the entire property to be developed for commercial offices and a shopping center. The Planning Commission thus approved the plan contingent upon a Zoning Map amendment for the five acre MR portion of the property and contingent upon water and sewer taps being available for the property.

Tri-State Church of God, located on Alternate 40 North, presented a concept to the Planning Commission to build a gymnasium and add additional parking. Concept Plan Approval was granted contingent upon public utilities serving the property.

Battlefield Estates, a development of 35 townhomes on Orchard Drive, submitted a Final Plan to the Planning Commission in November. The Final Plan was granted approval contingent upon Signed Public Works Agreements and Bond Amounts posted, and approval from WashingtonCounty regarding Stormwater Management and Forest Conservation.

Minor Subdivisions

The Planning Commission granted approval of four (4) Minor Subdivisions in 2008.

Lot 1, Dale and Paula Ford and the Lands of William Tritapoe both created one new building lot on each of the properties.

The Lands of Hillard Hull minor subdivision created a lot for each of the existing buildings on the property.

The Lands of Todd Easterday minor subdivision divided approximately ninety-six (96) acres into three parcels based upon the existing zoning boundaries.

Variances & Special Exceptions

Both the Planning Commission and Board of Zoning Appeals heard eight (8) requests of Variances and Special Exceptions in 2008.Below is a breakdown of the type of requests heard.

The case descriptions can be found in Appendix D, “Zoning Code/Enforcement Report”.

Administrative Adjustment

An administrative adjustment may be granted by the Zoning Administrator of certain requirements within the Zoning Ordinance such as setbacks. In 2008, the Zoning Administrator granted two administrative adjustments. Both applications were to vary the setback requirements by less than twenty percent (20%).

Comprehensive Plan

In mid 2007, ERM was contracted by the Boonsboro Mayor and Council to update the Comprehensive Plan with a projected adoption date of April 2008. Due to delays concerning information about the new wastewater treatment facility, the schedule of adoption and hearings was revised to extend the adoption date to mid 2009. In January of 2008, the Planning Commission and ERM held a workshop to identify the issues and opportunities of the Town for the draft plan. ERM then prepared a draft based on the discussion in January and presented this draft to the Planning Commission in May 2008.

Upon receipt of the Draft Comprehensive Plan, the Planning Commission worked diligently throughout the summer reviewing the Plan chapter by chapter. Comments from the Planning Commission’s summer sessions were then forwarded to ERM to be included into the Draft. After several drafts were prepared and reviewed, the Planning Commission agreed in November of 2008 for the Draft Comprehensive Plan to be forwarded to the appropriate State Agencies for a 60 day interagency review, as mandated by Article 66B of the State of Maryland.

Upon receipt of the comments from the State, ERM is prepared to address such comments and then presented a revised draft to the Planning Commission. The Planning Commission is then scheduled to meet with the Mayor and Council in a workshop session in April to discuss the draft prior to a public hearing. It is the intent of the Planning Commission to have the Comprehensive Plan adopted by summer of 2009.

Zoning and Subdivision Text Amendments

One Zoning Text Amendment and one Subdivision Ordinance amendment were adopted in 2008.

As mentioned earlier, a Zoning Text Amendment was required to allow for the establishment of age-restricted housing. The amendment providedfor age-restricted housing to be established in the MR Zone with a minimum lot size of 4,000 square feet and within the SR Zone provided the density does not exceed more than five units per acre (8,700 square foot minimum lot size).

The Subdivision Ordinance was amended to require the submission of as-built drawings of projects that require the installation of infrastructure. Requirements for as-built drawings were included in the amendment as well as the requirement of bonding of all infrastructure with ten percent inflation included within the amount established.

Building and Zoning Permits

Building and Zoning Permits are issued for all types of construction, use, signs, occupancy, etc within the corporate limits of the Town. All permits are processed and approved within the Planning and Zoning Department. For building permits with proposed construction greater than 200 sq. ft., Washington County Permits Department reviews and inspectsthe construction. The Planning and Zoning Department handles permits more than 200 square feet. In 2008, 75 building permits over 200 square feet and 17 permits fewer than 200 square feet were submitted. The table below provides a breakdown of the type of building permits submitted. Appendix D provides a further summary of all building permits processed.

The majority of the building permits issued for new construction and decks was within the Fletcher’s Grove Subdivision. Miscellaneous permits included roofs, gazebos, driveways, etc.

The year 2008 also saw a number of new businesses locating or re-locating within the Town Of Boonsboro. These businesses include H& R Block, Black Rock Enterprises, Palettie Restaurant, BodySense PT, Delegate Chris Shank’s office, Shaff’s Country Corner, South Mountain Day Spa, Gifts Inn Boonsboro, Awesome Yarn, and four (4) in home occupations, including an in-home daycare, salon, fitness center, and a cake making business. The following chart shows the number of Zoning Permits and in which zones they were issued:

Property Maintenance

In 2008, approximately forty properties were cited to be in violation of the Property Maintenance Code. The majority of the violations included tall grass, weeds, excessive rubbish, and untagged vehicles. Several Municipal Citations were issued to address such violations in addition to notices.

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Boonsboro Planning and Zoning 2008 Annual Report

Future Projects

FUTURE PROJECTS/GOALS

Below is a summary of future projects/goals for the Planning and Zoning Department.

A BoonsboroWebpage was established in early of 2006. Included on this page is a link to the Planning and Zoning Department. Meeting minutes, agendas, Ordinances and applications were all added to the webpage in 2008. The Planning and Zoning Department plans to continue adding more information to inform the public through the internet.

A $15.00 Technology fee was included in the revised Fee Schedule adopted in late 2006. The purpose of the technology fee is for new hardware and software, including Geographic Information Systems. Washington County Government has free information for municipalities to use for GIS; however this information can only be used with the appropriate software. With the implementation of the technology fee, the Planning and Zoning Department would like to purchase ArcView GIS to help guide planning activities, introduce spatial analysis activities, and provide an abundance of information to the public.

Completion of an updated Comprehensive Plan is expected in mid 2009. Once this is completed, it is expected that revisions to both the Zoning Ordinance, including the Zoning Map and the Subdivision Regulations, will follow. It is also desired to help the Town publish a Capital Improvements Plan and Utilities Master Plan to assist the Town in planning for the future growth.

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Boonsboro Planning and Zoning 2008 Annual Report

Appendix A

2008 Board and Commission Member, Meetings and Attendance
2008 Board of Zoning Appeals Meetings and Attendance
Meeting Dates / 3/18/08 / 5/20/08 / 7/15/08 / 9/16/08 / 10/21/08 / 11/18/08
BZA Members / Term Expiration
Jamison, Steve / July 2010 / A / P / P / A / P / P
Jones, Darrell / July 2010 / A / A / A / A / P / A
Kirby, Laura / July 2010 / P / P / P / P / P / P
Moser, Linda / July 2010 / P / P / P / A / P / P
Phillips, Gary / July 2010 / P / P / P / P / P / P
Sweeney, Sara / July 2009 / P / P / P / P / P / A
2008 Planning Commission Meetings and Attendance
Meetings
Jan / Feb / Mar / Apr / May / Jun / Jul / Aug / Sept / Oct / Nov
PC Members / Term Expiration
BobSnyder / March 2013 / P / A / P / P / A / P / A / P / P / P / P
DavidAmbrose / March 2010 / P / P / P / A / P / P / P / A / P / P / P
FrankNuice / Mayor & Council Liason / P / A / P / P / P / P / P / P / P / P / N/A
ThurstonFaulder / March 2013 / P / P / P / P / P / P / P / P / P / P / A
JulieGreen / March 2014 / P / P / P / A / P / A / A / A / P / P / A
RobMaricle / August 2010 / P / A / A / P / P / P / P / A / P / P / A
Carvel Wright / March 2011 / P / P / P / P / P / P / P / P / P / A / P
Kim Koerting / March 2013 / N/A / N/A / P / P / P / A / P / P / P / P / P
P = present / A=absent

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Boonsboro Planning and Zoning 2008 Annual Report

Appendix B

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Boonsboro Planning and Zoning 2008 Annual Report

Appendix C

2008 Fees

Report for January 1, 2008 to December 31, 2008
CountyPermits
Permits Filed / 75
Entrance Fees / $250.00
Permit Fees Collected / $11,397.47
Redeemable to County / $8,548.10
Town Portion (25%) / $2,849.37
CountyExcise Tax
New Residential Permits / 3
Total Paid / $38,000
Town Collects (28%) / $10,640
Town Permits
Permits Filed / 17
Review Fees Paid / $1,276.70
Technology Fee / $255.00
Zoning Permits
Permits Filed / 24
Review Fees Paid / $1,500.00
Technology Fee / $150.00
Sign Permits
Permits Filed / 13
Review Fees Paid / $70.00
Technology Fee / $210.00
Board of Appeals
Review Fees Paid / $1,800.00
Technology Fee / $150.00
Development Review
Lot 1, Dale & Paula Ford / $200.00
Lands of Hillard Hull / $200.00
Zoning Text Amendment / $2,000.00
Lots 1 & 2, Terry Hutzell / $215.00
Misc. Fees, etc.
Ordinance Copies / $50.00
2008 TOTAL FEES COLLECTED / $57,309.17
2008 TOTAL REVENUE / $21,401.07

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Boonsboro Planning and Zoning 2008 Annual Report

Appendix D

ZONING CODE / ENFORCEMENT REPORT

January 1, 2008 through December 31, 2008

Location: 102 Stuart Place06-034055Total Fee: $542.20

Permit No: BO2008-001

Owner:8486 LLCPHONE: 301-620-4490

Applicant: Ausherman HomesPHONE: 301-620-4490

Address:7210 Corporate Court, SteB, Myersville, MD21773

Zone: TRMap: 68Parcel: 554Lot: 84

Project: “Chesapeake A” 2 story sfd, single door basement entry, 9’ ceilings on 1st floor, expand family room 2’10” to rear, morning room, bay window in front living room, finish recreation room, full bathroom, and media room in basement, gas fireplace in family room, brick front, 4 bedrooms, 3.5 baths, Lot 84 Fletcher’s Grove Phase II

Applied: 01/22/08Town Approved: 01/22/08County Approved:APPROVED

Location: 103 Green Fern Lane06-033458Total Fee: $130.90

Permit No: BO2008-002

Owner:Fletcher’s Grove Townhomes, LLC #4PHONE: 301-620-4490

Applicant: Ausherman HomesPHONE: 301-620-4490

Address: 7210 Corporate Court, SteB, Myersville, MD21773

Zone: MRMap: 68Parcel: 561Lot: 52

Project: Add finished recreation room and half bath in basement

Applied: 02/04/08Town Approved:02/04/08County Approved:APPROVED

Location: 103 Green Fern Lane06-033458Total Fee: $130.90

Permit No: BO2008-003

Owner:Fletcher’s Grove Townhomes, LLC #4PHONE: 301-620-4490

Applicant: Ausherman HomesPHONE: 301-620-4490

Address: 7210 Corporate Court, SteB, Myersville, MD21773

Zone: MRMap: 68Parcel: 561Lot: 52

Project: Add a 14’x10’ wood deck off rear of house

Applied: 02/04/08Town Approved:02/04/08County Approved:APPROVED

Location: 107 Chieftan Lane06- 030645Total Fee: $100.00

Permit No: BO2008-004

Owner:JoseHernandezPHONE: 301-422-9849

Applicant: JoseHernandezPHONE:

Address: 107 Chieftan Lane

Zone: SRMap: 602Parcel: 845Lot: C28

Project: Place a 10x20 shed on the rear of the property

Applied: 2/12/08Town Approved: 2/13/08County Approved:APPROVED

Location: 211 Chieftan Lane06-030882Total Fee: $170.00

Permit No: BO2008-005

Owner:MarkHildaDonovanPHONE: 301-524-0228

Applicant: JoeBrandtsMHIC#85930PHONE: 301-416-7770

Address: P.O. Box 4677Hagerstown, MD21742

Zone: SRMap: 602Parcel: 845Lot: C49

Project: Finish Basement, including bathroom

Applied: 02/18/08Town Approved:02/18/08County Approved:APPROVED

Location: 900 Brookridge Drive06-030475Total Fee: $100.00

Permit No: BO2008-006

Owner: Augustine & Goddy UgorjiPHONE: 301-432-8663

Applicant:SamePHONE:

Address:900 Brookridge Drive

Zone: SRMap: 602Parcel: 845Lot: C79

Project: Install 10’x20’ deck on rear of property

Applied: 02/21/08Town Approved: 02/21/08County Approved:APPROVED

Location: 7-9 North Main St06-000991Total Fee: $65.00

Permit No: BO2008-007

Owner:JamesConstanceFitzsimmonsPHONE:

Applicant: Millbrook RemodelingPHONE: 301-739-2117

Address:13555 Poplar Grove Rd., Hagerstown, MD

Zone: TCMap: 601Parcel: 429Lot:

Project: Demo and stabilize fire burned structure

Applied: 02/29/08Town Approved: 02/29/08County Approved:APPROVED

Location: 29 Ford Avenue06-011322Total Fee: $140.00

Permit No: BO2008-008

Owner:WayneKimberly NeedyPHONE: 301-432-8611

Applicant: Flohr Pools MHIC#7109PHONE: 301-791-3400

Address: 1406 Oak Ridge Place, Hagerstown

Zone: TRMap: 601Parcel: 499Lot:

Project: Install an 18’ x 36’ in ground pool in the rear of property

Applied: 03/04/08Town Approved: 03/04/08County Approved: APPROVED

Location: 5 Potomac Street06-017738Total Fee: $225.00

Permit No: BO2008-009

Owner:BarbaraJ.GlausierPHONE: 301-432-5289

Applicant: BillMurrayPHONE: 717-485-9911

Address: 190 Dalzell Lane, McConnellsburg, PA17233

Zone: TCMap: 601Parcel: 606Lot:

Project: New shed roof (20’x20’) built over existing flat roof on rear loading dock

Applied: 03/25/08Town Approved: 03/25/08County Approved: APPROVED

Location: 134 South Main Street06-023835Total Fee: $201.00

Permit No: BO2008-010

Owner:Mt.Nebo UMCPHONE: 301-432-7841

Applicant: Crigger Home Improvements, IncPHONE: 301-432-4904

Address: 18911 Rocky Road, Sharpsburg, MD

Zone: TRMap: 601Parcel: 762Lot:

Project: Install 12’x20’ shed on rear of property

Applied: 03/26/08Town Approved: 03/26/08County Approved: APPROVED

Location: 1 North Main Street06-000037Total Fee: $0