Planning & Zoning

SUMMARY OF FIRST QUARTER

FY 2005 REPORT

v Assisted in continued support of the development of Urban Salisbury, Inc., as a 501(C)(3) partnership for the revitalization of Salisbury’s urban core, and continued support for Main Street Maryland Activities.

v Provided planning and revitalization strategy services for area neighborhood Revitalization Projects.

v Researched and prepared reports for eighteen (18) City cases for the Planning and Zoning Commission.

v Researched and prepared a report for three (3) City subdivision cases for the Planning and Zoning Commission.

v Researched and prepared reports for five (5) cases for the City Board of Zoning Appeals.

v Maintained all correspondence, minutes and records for the Planning Commission and City Board of Zoning Appeals.

v Implemented State Forest Conservation Act for City.

v Implemented Chesapeake Bay Critical Area Program for City.

v Coordinated with MDOT on establishment of Salisbury Metropolitan Planning Organization.

v Assisted developers, appraisers, market analysts, etc. with gathering of data on the Salisbury area.

v Recommended and assisted developers and citizens with general zoning information relative to Site Plans, Standards, Landscaping, etc.

v Met with developers and other City department representatives on pending annexation and development issues.

v Assisted Mayor’s office with the Community Legacy Housing Program.

v Assisted Mayor’s office with Maryland Department of Housing and Community Development Single Family Housing Programs.

v Assisted the Mayor’s office with the Entitlement CDBG Program.

v Assisted the Mayor’s office with the City’s Revolving Loan Program.

v Assisted the Mayor’s office with Economic Development Marketing Kit.

v Assisted the Mayor’s office with neighborhood Plan/Profile North Camden (Camden Heights).

v Assisted the Mayor’s office with Enterprise Zone Application for Marine Road.

v Assisted the City Historic District Commission and the Department of Building, Housing, and Zoning on Revised Historic District Procedures.

v Provided local coordination for Maryland Department of Planning’s work with for the City of Salisbury as a pilot study area for the Governor’s Development Capacity Initiative.

v Worked with various City Departments to study GIS needs.

v GIS Needs Analysis/Early deployment implementation.

v Update City Zoning map.

v Created integrated Salisbury/Wicomico GIS intranet Website. Continue the installation of GIS intranet software on City of Salisbury computers.

v Population/Statistical GIS Analysis for Fire Department Service needs.

v Continued GIS Map Project Development for City/County Intranet.

v Worked with SU to integrate existing aerial photography into enterprise GIS.

v Assisted the Mayor’s office with Development of Operating Procedures for the Transportation Advisory Committee.

v GIS Neighborhood/Ownership Analysis – SU Vicinity.

v GIS Analysis – City of Salisbury/Councilmanic Population.

v GIS Mapping Update – Salisbury Annexation Program.

v GIS Mapping – Salisbury Neighborhoods.

v Install GIS Intranet Software of City of Salisbury Computers.

v GIS Analysis – Salisbury Wellhead Protection.

v GIS Analysis – Salisbury/Wicomico Enterprise Zone.

v Researched City annexation issues as it relates to Priority Funding Areas and the County Water and Sewer Master Plan.

v Reviewed City Source Water Assessment Report and Prepared Zoning Code Modifications to Groundwater Protection Overlay Area.

FIRST QUARTER FY 2005

REVIEW AND ANALYSIS

I. Planning Department - Responsibilities

A. Planning and Zoning

Since 1943, the City of Salisbury and Wicomico County have cooperated in conducting a joint planning program. In the early 1960’s the two jurisdictions established a separate planning office to oversee planning and zoning activities. In response to the dramatic changes that have occurred in both the City and County over the past many years, the former Planning Office was designated in 1989 as the Salisbury/Wicomico Department of Planning, Zoning and Community Development.

MISSION

The department directly benefits the citizens of both the City and County in a variety of ways. Specifically, these are:

1. It endeavors to achieve cooperative agreements between the City and County on vital planning matters.

2. It serves as planning and zoning advisers to the legally established City and County Planning and Zoning Commission and any other group designated by the County or City Council.

3. The department conducts background studies, proposes code amendments and instigates other related evaluations for those activities requested by the Planning and Zoning Commission, the County Council, or the Mayor and City Council.

4. The department is specifically authorized by local charter to perform various duties that are required under State law to assist municipalities that may participate in a County-wide program.

5. The department compiles background data and monitors development trends in both the City and County which influence both the short term and long range development of both jurisdictions.

6. The department oversees the periodic review, evaluation and update of the City and County Comprehensive Plans, Zoning Ordinances and other regulatory measures related to these documents.

7. The department serves as a direct “line” agency to the County Council, to administer housing grants and other related programs, community development block grants, and agricultural land preservation grants.

8. The department serves as the enforcement agency for the State’s required Chesapeake Bay Critical Area Program and Forest Conservation Program for the City and County as well as the County Zoning Code and portions of the County nuisance ordinance.

9. The department assists in the preparation of plans for Planning Commission review and recommendation to the Mayor and City Council; upon request serves as technical staff to the Commission and Council in matters relating to Historic Zoning and Urban Renewal and general Neighborhood improvement or protection programs.

10. The department has routine administrative duties which include meeting arrangements, preparations for public hearings, technical advice to citizens, special interest groups, and developers; maintains all correspondence, minutes and records for the Planning Commission and City and County Boards of Zoning Appeals.

11. The department provides information to potential developers, and to the general public pertaining to zoning, development sites and trends, and provides maps and statistical information of various kinds.

II. Annual Operating Program

A. Planning and Zoning - City

1. Formulate planning and community development strategies for downtown and neighborhood revitalization.

2. Implement the City’s Chesapeake Bay Critical Area Program.

3. Work with the Planning Commission and Mayor and City Council to implement the transportation and growth strategies for the City.

4. Work with various Citizen Groups and Task Forces on revitalization activities upon request.

5. Prepare background data for Neighborhood Planning activities as requested.

6. Document changes on the City’s development patterns and population shifts.

7. Continue to recommend revision of City of Salisbury’s and Wicomico County’s Zoning Codes.

8. Subdivision plat reviews for City.

9. Preparation of studies and recommendations for Zoning and Subdivision Code amendments.

10. Administrative duties and case reports for Board of Zoning Appeals.

11. Preparation of studies, follow-up and inspections and related administrative duties for the Planning Commission.

12. Provide information to potential developers, prospective and existing businesses and the general public.

13. Review and update of Comprehensive Plans and state mandated Economic Growth Act.

14. Coordinate Census data and Census tracts area designations.

15. Conduct zoning and plan analysis on all annexation requests.

III. Activities and Accomplishments

A. Planning Office Activities

1. Processed routine information requests.

2. Researched and prepared reports for five (5) cases for the City Board of Zoning Appeals.

3. Completed various drafting assignments pertaining to City reports, maps, charts, and graphs.

4. Continued regular assistance to developers, appraisers, market analysts, etc. with gathering data on Salisbury area.

5. Continue to recommend and assist developers and citizens with general zoning information relative to Site Plans, Standards, Landscaping, etc.

6. Attended several meetings with developers and other City department representatives on pending annexation or development issues.

7. Maintained all correspondence, minutes and records for the Planning Commission and City Board of Zoning Appeals.

8. Implemented State Forest Conservation Act for City.

9. Implemented Chesapeake Bay Critical Area Program for City.

10. Administered County Housing Block Grant Program for City residences.

11. The Community Development Division of this Department continues to assist the Mayor and City Council in the Downtown Redevelopment efforts.

12. The Community Development Division of this Department assists the Mayor and City Council in Revitalization efforts for neighborhoods.

13. Coordinate Revitalization efforts with the Weed and Seed Program initiatives.

14. Coordinate Urban Salisbury, Inc. activities.

15. Administer USDA-Rural Business Enterprise Grant (RBEG) for City of Salisbury.

16. Assisted with the preparation of the Community Legacy Application.

17. Coordinate Main Street Maryland activities.

B. Day to Day Planning and Zoning Activities of the Staff and Planning Commission

The Planning Commission held three (3) regular meetings during this quarter.

The Commission held Public Hearings or reviewed and made recommendations on the following matters. The Planning Staff coordinated with other City Departments and prepared detailed reports in regards to each of the following:

BROWN ROAD – RUARK ANNEXATION – Zoning Recommendation – 169.81 Acres; M-30, P-398 & p/o 223, G-7. The Commission forwarded a favorable recommendation to the Salisbury City Council and the Wicomico County Council for R-10A Residential zoning upon annexation of the Ruark property to the City of Salisbury. This zoning classification is the lowest density offered in any district in the Salisbury Municipal Code permitting an average of 6 units per acre. The recommendation is consistent with the Suburban recommendation of the Metro Core Comprehensive Plan that recommends a density of development of 4 to 8 units per acre. A Condition of Approval was recommended for inclusion in the annexation resolution.

East Fields LLC – Final – 28 Townhouse Lots – Merritt Mill Road – The Commission approved the Final Subdivision Plat for Merritt Mill Road Townhouse/Apartments, subject to the Conditions of Approval.

COMPREHENSIVE DEVELOPMENT PLAN – Merritt Mill Townhouse & Apartments – East Fields Development, LLC – Merritt Mill Road – LBI and R-10A Residential District - #SP – 0409; M-39, G-7, P-24 – The Commission approved the Final Comprehensive Development Plan for the Merritt Mill Apartment/Townhouse Development, subject to the Conditions of Approval.

Three Creeks – Preliminary – 124 Lots – Naylor Mill Road & Jersey Road – The Commission approved the Preliminary Subdivision plat for Three Creeks, subject to the Conditions of Approval.

COMPREHENSIVE DEVELOPMENT PLAN – Three Creeks Subdivision – Larry J. Causey & Sons – Naylor Mill & Jersey Roads – R-10 Residential District - #SP-0413 – M-29, G-2, P-165 & 33 – The Commission approved the Preliminary Comprehensive Development Plan for Three Creeks, Section 1, including a waiver from the submission of the Community Impact Statement and Statement of Intent to Proceed and Financial Capability, and subject to the Conditions of Approval.

Johnson’s Retreat – Preliminary – 70 Lots – Johnson Road – The Commission approved the Preliminary Subdivision Plat for Johnson’s Retreat, subject to the Conditions of Approval.

COMPREHENSIVE DEVELOPMENT PLAN – Johnson’s Retreat – Larry J. Causey & Sons – Johnson Road – R-10 Residential District - #SP-0414 – M-48, G-12, P-288 – The Commission approved the Comprehensive Development Plan for Johnson’s Retreat, including a waiver from the submission of the Community Impact Statement and Statement of Intent to Proceed and Financial Capability, and subject to the Conditions of Approval.

SIGN PLAN – Mt. Hermon Professional Center – McCain Appraisals – 205 Executive Plaza – Light Business and Institutional District - #SP-8817-03E – M-121, G-22, L-2 – The Commission approved the Sign Plan revision for Mt. Hermon Executive Plaza, subject to the Conditions of Approval.

PUBLIC HEARING – TEXT AMENDMENT – SALISBURY MUNICIPAL CODE – Paleochannel District - #SP-0415 – The Commission forwarded a favorable recommendation to the Salisbury City Council for adoption of amendments to Section 17.100 – Paleochannel District.

COMPREHENSIVE DEVELOPMENT PLAN – Centre at Salisbury Mall/Regal Theaters – N. Salisbury Blvd. – General Commercial - #SP-8713-04Y – M-119, G-15, P-237 – The Commission approved the Final Revised Comprehensive Development Plan for Regal Entertainment Group, including the revised color scheme, and the Revised Landscaping Plan, subject to the Conditions of Approval.

CONDOMINIUM SITE PLAN – Phillip Morris Business Park – 303-305 Phillip Morris Drive – Kirk Kinnamon/AddCon – Lt. Business & Institutional - #SP-0416 – M-110, P-2432 & 2443, G-20 – The Commission approved the Condominium Site Plan for Phillip Morris Drive Business park, subject to the Conditions of Approval.

REVISED SIGN PLAN – The Fountains Business Center – Davis Development LLC – Sweetbay Drive – Regional Commercial District - #SP-0210-04E – M-110, P-4487, G-6 – The Commission approved the Revised Sign Plan for The Fountains Planned Business Center, subject to the Conditions of Approval.

PRELIMINARY COMPREHENSIVE DEVLEOPMENT PLAN – Leonard’s Mill Property – Kohl’s Department Store – West Dagsboro Road – Silicato-Wood Partnership, rep. by Davis, Bowen, & Friedel – General Commercial - #SP-9806-04G – M-20, G-23, P-100, L-1 – The Commission approved the Preliminary Comprehensive Development Plan for Leonard’s Mill Property Lot #1 and a waiver from the submission of the Community Impact Statement and Statement of Intent to Proceed and Financial Capability, and subject to the Conditions of Approval.

REVISED SIGN PLAN – Bubble Junction – 1108-1110 Parsons Road – Mitch Wyatt/English Signs – Neighborhood Business District - #SP-0112-04B – M-106, P-1122-4, G-13 – The Commission approved the Revised Sign Plan for Bubble Junction shopping center, subject to the Conditions of Approval.

FINAL COMPREHENSIVE DEVELOPMENT PLAN – Leonard’s Mill Property – Kohl’s Department Store – West Dagsboro Road – Silicato-Wood Partnership, rep. by Davis, Bowen & Friedel – General Commercial - #SP-9806-04G – M-20, G-23, P-100, L-1 – The Commission approved the Final Comprehensive Development Plan and Paleochannel Site Plan for Leonard’s Mill Property, Lot #1, subject to the Conditions of Approval.

REVISED COMPREHENSIVE DEVELOPMENT PLAN – Waterside Apartments – Lane Engineering – Parsons Road – R-5A Residential District- #SP-0418 – M-106, G-14, P-1118 – The Commission approved the Revised Comprehensive Development Plan for the Village at Mitchell Pond (Waterside Apartments), including a waiver of the Community Impact Statement and Statement of Intent to Proceed and Financial Capability, and subject to the Conditions of Approval.

COMPREHENSIVE DEVELOPMENT PLAN – Wali Plaza Shopping Center – Ciancitto Architects – Parsons Road – Neighborhood Business District - #SP-0410 – M-106, G-13, P-1126 – The Commission approved the Preliminary Comprehensive Development Plan for Wali Plaza, including a waiver of the Community Impact Statement and Statement of Intent to Proceed and Financial Capability and subject to the Conditions of Approval.

COMPREHENSIVE DEVELOPMENT PLAN – 6 Townhouse Units – Canal Woods, Section V – Donald E. Williams – Canal Park Drive – R-5A Residential District - #SP-8604-04C – M-117, G-14, P-181 – The Commission approved the Comprehensive Development Plan for Canal Woods, Section 5, including a waiver of the Community Impact Statement and Statement of Intent to Proceed and Financial Capability, and subject to the Conditions of Approval.

PRELIMINARY COMPREHENSIVE DEVELOPMENT PLAN – 93-Unit Townhouse Development – Kinnamon & Lloyd – Glen Avenue – Neighborhood Business District - #SP-0417 – M-38, G-24, P-202 & 309 – The Commission approved the Preliminary Comprehensive Development Plan for the Kirk Kinnamon/Brian Lloyd Townhouse Development, including a waiver of the Community Impact Statement and Statement of Intent to Proceed and Financial Capability, and subject to the Conditions of Approval.

PRELIMINARY COMPREHENSIVE DEVELOPMENT PLAN – Aydelotte Farm PRD #7, Phase I – East Land Development, et al – Middle Neck and Beaglin Park Drives - #SP-9103-04A – M-38, G-6, P-219 – The Commission approved the Preliminary Comprehensive Development Plan for Aydelotte Farm, Phase I, including a waiver of the Community Impact Statement and Statement of Intent to Proceed and Financial Capability and subject to the Revised Conditions of Approval.

REVISED SIGN PLAN – Avalon Plaza shopping center – Parcel Plus and Talbot’s – Dickerson Lane – General Commercial District - #SP-9911-04D – M-20 & 29, P-177, G-24, L-B & C – The Commission approved the revision of the Sign Plan for Avalon Plaza permitting the proposed sign for “Parcel Plus” as submitted with a sign height of 24 inches. The Commission approved the revision of the Sign Plan for Avalon Plaza for an identification sign on the rear of the Talbot’s store, subject to the Conditions of Approval.

C. City Board of Zoning Appeals

The Board held three (3) regular meetings and held public hearings to consider the following applications. The Planning Staff prepared an analysis and evaluation of each of the following:

Dayton’s Restaurant, represented by Tower Signs – 8 ft. 6 inch Sign Setback Variance – 909 Snow Hill Road – General Commercial District - #SA-0406 – The Board approved the requested 8 ft. 6 inch sign setback variance, based on the criteria listed in Section V(c) of the Staff Report.

William R. & Gail C. Potts – 2 ft. Fence Height Variance OR 10 ft. setback variance for a 6 ft. tall fence – 1109 New Bedford Way – R-8 Residential District - #SA-0407 – The Board approved the 2 ft. fence height variance and placement of the fence in the “front” yard with a 17 ft. 6 inch setback from the curbline, based on the criteria listed in Section V(c) of the Staff Report and subject to the Conditions of Approval.

Trigen Laboratories, Inc. – Enlargement of Nonconforming Structure – 33,000 sq. ft. production facility addition – 207 Kiley Drive – Light Industrial District - #SA-0408 – The Board approved the requested enlargement of a legal nonconforming structure, based on the criteria listed in Section V(c) of the Staff Report.

Donald Baysinger – 3 ft. 6 inch Front Yard Setback Variance for a new single-family home – 200 Records Street – R-5 Residential District- #SA-0409 – The Board approved the requested 3 ft. 6 inch Front Setback variance, based on the criteria listed in Section V(c) of the Staff Report and subject to the Conditions of Approval.400 West Isabella Street

Morris & Morris, Ltd. (Shore Distributors), represented by John H. Plummer and Associates, Inc. – Enlargement of Nonconforming Structure and Variance – 37,568 sq. ft. warehouse addition – 807 Brown Street – Light Industrial District- #SA-9324-04A – The Board approved the requested enlargement of a legal nonconforming structure and the requested variance to decrease the side setback to 20.2 ft., based on the criteria listed in Section V(c) of the Staff Report.

D. City Chesapeake Bay Critical Area Projects

The Chesapeake Bay Critical Area staff has reviewed four (4) projects within the City.

City of Salisbury – Intensely Developed Area – Mill Street Bridge over the Wicomico River – Inspected site to assure that it was in compliance with the Salisbury Chesapeake Bay Critical Area Program.

City of Salisbury – Intensely Developed Area – M-104, P-1126 – Reviewed and approved of a project to redevelop the City of Salisbury Service Center located south of the intersection of Lake Street and Mack Avenue.

City of Salisbury – Intensely Developed Area – M-106, P-3276 – Reviewed and inspected the site of a project to place a temporary office trailer (24’ x 64’) on the site located at 400 West Isabella Street.

Black Dog Stone Company – Intensely Developed Area – M-106, P-1667 – Investigated a possible Chesapeake Bay Critical Area Violation (large pile of debris in Tidal Buffer). The debris pile was removed.

E. City Forest Conservation Projects

Forest Conservation staff reviewed three (3) projects within the City, issued 17 Exemption certificates and performed site inspections on 4 project sites.

Projects reviewed:

B&W Real Estate

East Park Professional Center

Kinnamon Condominium Project

Reviewed the above projects to verify compliance with the Maryland Forest Conservation Act. Conducted field visits to verify existing conditions. Reviewed Forest Conservation Delineations and Plans, made comments to engineers concerning compliance issues.

IV. Problems and Corrective Actions

None.

V. Meetings

Staff members attended the regular and special meetings of the City and County Councils, the Planning Commission and the Board of Zoning Appeals. Additional meetings reflect current activities and projects now under way, as well as activities of other agencies and committees that may affect City and County Planning.