Planning and Zoning Commission
Minutes

9/26/00



ATTENDANCE

Members: Aldridge, Buckley, Singman, Robbins, Staley, Sawyer, Taylor

Staff: Smith Efergan Esham

I. CALL TO ORDER - 7:00 p.m.



II. PUBLIC HEARING



A. CONDITIONAL USE - Pursuant to the provisions of Division 5, Conditional Uses, and Division 10, Section 110-514(20), Uses Permitted by Conditional Use in the LC-1, Local Commercial, District, of the Town Code, the Planning and Zoning Commission will conduct a public hearing to allow construction of an automobile filling station with convenience store. The site of the proposed use is described as Lots 3, 4, and 5, Block 100, Ocean Bay City Plat, further described as located on the west side of Coastal Highway and the south side of 84th Street and known locally as 8307 Coastal Highway, in the Town of Ocean City, Maryland.

Applicant: CLOVERLAND FARMS DAIRY, INC. FILE PZ



Motion was made to send the Mayor and City Council a favorable recommendation subject to the following conditions:



1. Trash refuse containers shall comply with the minimum standards set forth in Chapter 70 subject to the Solid Waste Department approval. Type of receptacle, capacity and arrangement on the site need to be shown on plans.

2. The project shall comply with all regulations pertaining to stormwater management and infiltration as per the Standards of the Worcester County Soil Conservation District and the State of Maryland prior to the issuance of a building permit.



3. This site plan should be considered as a preliminary site plan only. It will be required that a final site plan be prepared in accordance with Section 110-183 subsequent to approval of the conditional use.



4. All construction and/or repairs of curb cuts, sidewalks and streets and/or street amenities shall be approved by the Department of Engineering and shall be installed in accordance with the specifications and standards of that department. Any existing curb cuts which are being abandoned must be removed and replaced with a sidewalk subject to city specifications.



5. Any existing power poles that interfere with the development of this project shall be relocated at the expense of the owner/developer with appropriate approvals.



6. All parcels shall be deed consolidated as per section 110-874.



7. All fire hydrants adjacent to the property must be identified.



8. The location of future electric transformers shall be subject to the approval of Conectiv Power & Delivery and the Zoning Administrator.



9. Should the abutting alley need improvement, this should be done at the developer's expense.



10. All landscaping shall be installed in accordance with Chapter 98, Article II, Landscaping.



11. All focal lighting, including exterior lights, and parking lot lighting necessary for the safety and protection of property, shall be controlled and focused within the site's property lines to minimize glare on adjoining properties.



12. After the Mayor and City Council has approved a conditional use, the conditional use so approved shall lapse after the expiration of one (1) year if no substantial construction or change of use has taken place in accordance with the plans for which such conditional use was approved or if the Mayor and City Council does not specify some longer period than one (1) year for good cause shown. Once a conditional use has expired, the provisions of these regulations shall thereafter govern.



13. Whenever a conditional use which was approved by the Mayor and City Council remains idle or unused for a continuous period of two (2) years, whether or not the equipment or fixtures are removed, such use so approved shall be considered abandoned and thereafter shall be null and void and of no effect whatsoever.



14. The parking lot shall be paved in accordance with Chapter 74, Article III, of the Town Code.



Additional Comments:



1. The finished floor of the convenience store shown on the plan does not meet Town regulations. According to the flood maps, the site is located in an A6-EL9 zone, therefore the first floor elevation must be at a +11.0 N.G.V.D.



2. The curb at head of parking spaces needs to be backed up 2 ½ feet to prohibit cars from blocking pedestrian sidewalk in front of convenience store.



3. Final site plan should show location of vent pipes and fuel tanks.



4. Landscape strip adjacent to Coastal Highway is required to be 5 feet minimum width.



5. The proposed pylon sign shown on Sheet 2 of 6 does not appear to be the same as the proposed sign shown on Sheet A2.



6. Plans indicate 1000 square feet public floor area requiring 10 parking spaces. However, we believe the public floor area is 1100 square feet requiring 11 parking spaces. Therefore, the public floor area will have to be reduced or the additional parking spaces provided on site.



MOTION/BUCKLEY SECONDED/TAYLOR 7-0 IN FAVOR



III. SITE PLAN



A. O.C. Diner - Proposed restaurant to be located on Lots 1-28, Block 121, further described as located on the west side of Coastal Highway and the south side of 63rd Street and known locally as 6207 Coastal Highway, in the Town of Ocean City, Maryland.

APPLICANT: O.C. DINER, LLC FILE 1776



Motion was made to conditionally approve the site plan subject to the following conditions:



1. It is required that the applicant submit its traffic study to the State Highway Administration requesting their review and concurrence with the conclusions set forth in the study as to the level of service during the peak periods in the a.m. and p.m. hours. Any directional signage required by SHA must be erected on site.



2. Trash refuse containers shall comply with the minimum standards set forth in Chapter 70 subject to the Solid Waste Department approval. Specifically, one 8 cu. yd. upright compactor, one 8 cu. yd. cardboard container (supplied by City), 50 sq. ft. of area for glass & aluminum recycling barrels (supplied by City).



3. The project shall comply with all regulations pertaining to stormwater management and infiltration as per the standards of the Worcester County Soil Conservation District and the State of Maryland prior to the issuance of a building permit. Bob Small of SHA has advised that all stormwater discharge should be directed toward the northwest side of the property to lessen any impact on Coastal Highway or Route 90.



4. Final site plan approval shall expire eighteen (18) months after the date of approval unless a building permit for the project is obtained prior thereto pursuant to Section 110-52.3(a).



5. All construction and/or repairs of curb cuts, sidewalks and streets and/or street amenities shall be approved by the Department of Engineering and shall be installed in accordance with the specifications and standards of that department. Any existing curb cuts which are being abandoned must be removed and replaced with a sidewalk subject to city specifications.



6. Any existing power poles that interfere with the development of this project shall be relocated at the expense of the owner/developer with appropriate approvals.



7. Provide survey verifying wetland boundary lines by Dept. of Natural Resources and Army Corps of Engineers including other property lines prior to the issuance of a building permit.



8. The location of future electric transformer shall be subject to the approval of Conectiv Power & Delivery and the Zoning Administrator.



9. All landscaping shall be installed in accordance with Chapter 98, Article II, Landscaping. Landscape is required to be provided adjacent to Route 90 right of way next to dumpster pad.



10. All focal lighting, including exterior lights, and parking lot lighting necessary for the safety and protection of property, shall be controlled and focused within the site's property lines to minimize glare on adjoining properties.



11. All work shall be completed as shown on the approved site plan and any revisions to the approved site plan shall be in accordance with Section 110-184.



12. The parking lot shall be paved in accordance with Chapter 74, Article III, of the Town Code.



13. The project shall comply with the Urban Forest Conservation regulations of Chapter 98.



MOTION/BUCKLEY SECONDED/SAWYER 7-0 IN FAVOR



IV. APPOINTMENT



A. Request from Mr. J. Paul Mitchell to discuss the proposed Island Cabana Condominium project to be located at 90th Street and Coastal Highway.



Mr. Mitchell voiced concerns regarding how the height of the above referenced building is measured with regards to the roof line as well as questioning the balcony setbacks for the building.



Blaine Smith explained that the height of the building is defined as the vertical distance from grade to the highest point where the exterior walls meet the roof and that the area above the maximum building height (attic) shall not be used for living purposes.

Mr. Smith explained that the cathedral ceilings proposed for the condominium are at a legal height limit.



In addition, Mr. Smith explained that the balconies were in the front and rear yards of the property and could project six feet into the required ten feet.



Mr. Mitchell thanked the Commission members for addressing his concerns.



V. STAFF/ATTORNEY COMMENTS



VI. COMMISSIONERS COMMENTS



Lauren Taylor would like staff to research the cost of a 3D video and/or photo with local architectural firms. Ms. Taylor would like to include a 3D video as part of all applications over a certain size prior to site plan approval.



VII. PUBLIC COMMENTS

VIII. ADJOURNMENT



John Staley Date

Secretary



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Last Updated: October 19, 2000