THIRD QUARTER FY 2003
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, proposed 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, 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 new 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 eleven (11) 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 assist 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:
PRELIMINARY COMPREHENSIVE DEVELOPMENT PLAN – Martin and Ruark, rep. by ESP Design – Rayner Property – Pemberton Drive – R-8A Residential District – M-37, P-277, G-23 - #SP-0301 – The Commission approved the Preliminary Comprehensive Development Plan for the Rayner Property Development, including a waiver from the Community Impact Statement and the Statement of Intent to Proceed and Financial Capability, and subject to the Conditions of Approval.
U.S. ROUTE 50 WEST – TODD ANNEXATION – Zoning Recommendation – 0.69 Acres – M-38, P-232, G-7 – The Commission forwarded a favorable recommendation to the Salisbury City Council for General Commercial zoning upon annexation to the City of Salisbury. The Commission forwarded a favorable recommendation to the Wicomico County Council for approval of General Commercial zoning for this site.
COMPREHENSIVE DEVELOPMENT PLAN – Go-Getters Foundation, Inc. – 3 Apartment Buildings – Calloway Street – R-5A Residential District – M-104, P-2594, G-12 - #SP-0220 – The Commission approved the Comprehensive Development Plan for Go-Getters Foundation, Inc., including a waiver from the submission of a Community Impact Statement and subject to the Conditions of Approval.
REVISED FINAL COMPREHENSIVE DEVELOPMENT PLAN – Avalon Village Shopping Center – Dickerson Lane – General Commercial District – M-20 & 29, P-177, G-24 - #SP-9911-03A – The Commission approved the Revised Final Comprehensive Development Plan for Avalon Village, subject to the Conditions of Approval. The Commission approved the Preliminary Sign Plan for a 10 ft. by 23 ft. pylon sign.
REVISED COMPREHENSIVE DEVELOPMENT PLAN – Leonard’s Mill Property – General Commercial District – M-20, G-23, P-100, L-1 - #SP-9806-02E – The Commission approved the Revised Preliminary Comprehensive Development Plan for the Leonard’s Mill Property, Lot #1 and #1A and 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 – Chili’s Restaurant – Leonard’s Mill Complex – 2640 N. Salisbury Blvd. – General Commercial District – M-20, P-419, G-23, L-2A - #SP-9806-03F – The Commission approved the Preliminary Comprehensive Development Plan for the Chili’s at the Leonard’s Mill Property, including the Sign Plan for Chili’s as submitted, and subject to the Conditions of Approval.
Briarcliff Estates – Prel./Final – 34 Lots – Dykes Road – The Commission approved the Preliminary/Final Subdivision for Briarcliff Estates, pending Staff approval of a landscaping plan, and subject to the Conditions of Approval.
Northgate 2 – Prel./Final – 2 Lots – Northgate Drive – The Commission approved the Preliminary/Final Subdivision for Northgate 2, subject to the Conditions of Approval.
The Fountains – Preliminary/Final – 14 Lots – Merritt Mill Road – The Commission approved the Preliminary/Final Subdivision for The Fountains, subject to the Conditions of Approval.
Heritage – Preliminary – 10 Parcels – Pemberton Drive – The Commission approved the Preliminary Subdivision for Heritage, subject to the Conditions of Approval.
SIGN PLAN – Barnes and Noble Booksellers – 2618 N. Salisbury Blvd. – General Commercial District – M-29, P-54, 63 & 64, G-5 - #SP-0107-02A – The Commission approved the Sign Plan for Barnes and Noble, subject to the Conditions of Approval.
HONEYSUCKLE DRIVE – RECTOR ANNEXATION – Zoning Recommendation – 0.30 Acres – M-48, P-168, G-8 – The Commission forwarded a favorable recommendation to the Salisbury City Council for R-10A Residential zoning upon annexation to the City of Salisbury.
COMPREHENSIVE SITE PLAN – Garlin Enterprises, LLC – Mixed-Use Building – 1531-1533 Edgemore Avenue – General Commercial District – M-105, P-572, G-3 - #SP-0302 – The Commission approved the Comprehensive Site Plan for Garlin Enterprises, subject to the Conditions of Approval.
COMPREHENSIVE DEVELOPMENT PLAN – Osprey Builders – Apartment and Duplex Project – Dykes Road – R-8A Residential District – M-48, P-224, G-9 & 15 - #SP-0303 – The Commission approved the Preliminary Comprehensive Development Plan for Shady Grove and Aspen Hills, including a waiver of the Community Impact Statement and Statement of Intent to Proceed and Financial Capability, and subject to the Conditions of Approval.
Leonard’s Mill Property – Prel./Final – 2 Lots – West Dagsboro Road – The Commission approved the Preliminary/Final Subdivision for Leonard’s Mill Property, subject to the Conditions of Approval.
PUBLIC HEARING – REZONING – Dale Dashiell/Milford W. Twilley, Inc. – Mt. Hermon Road & St. Alban’s Drive – Regional Commercial to St. Alban’s Commons PRD #9 – M-121, P-2505, G-21 - #SP-0110-03A – The Commission forwarded a favorable recommendation to the Salisbury City Council for approval of the Preliminary Development Plan and rezoning of this property from Regional Commercial to St. Alban’s Commons PRD #9, and subject to the Conditions of Approval.
PUBLIC HEARING – ROBERTSON FARM PLANNED DEVELOPMENT DISTRICT REZONING/PRELIMINARY COMPREHENSIVE DEVELOPMENT PLAN – Scott Robertson, represented by ESP Design Services, Inc. – Old Ocean City Road – M-121, P-2577-2, G-11 - #SP-0215 – The Commission forwarded a favorable recommendation to the Salisbury City Council for approval of the Planned Development District and rezoning of this property from R-8 Residential and Light Business and Institutional District to Robertson Farm Planned Development District #1, subject to the Conditions of Approval.
FINAL COMPREHENSIVE DEVELOPMENT PLAN – Chili’s Grill & Bar – Leonard Mill Complex – 2640 N. Salisbury Blvd. – General Commercial District – M-20, P-419, G-23, L-2A - #SP-9806-03F – The Commission approved the Final Comprehensive Development Plan for the Chili’s Grill and Bar on Lot #2A at Leonard’s Mill Property, including a waiver of the Community Impact Statement and the Statement of Intent to Proceed and Financial Capability, subject to the Conditions of Approval.
FINAL COMPREHENSIVE DEVELOPMENT PLAN – Homes at Foxfield Apartments (112 Unit Apartment Complex) – West Zion and Harford Roads – Lt. Bus. and Institutional District – M-29, P-192 & p/o 9, G-16, #SP-0219 – The Commission approved the Final Comprehensive Development Plan for the Homes at Foxfield, subject to the Conditions of Approval.
CERTIFICATE OF DESIGN AND SITE PLAN APPROVAL – Office Expansion – Philip Parker, Parker and Associates – 528 Riverside Drive – Central Business District – M-111, G-4, P-1498 - #SP-9403-03A – The Commission approved a Certificate of Design and Site Plan for Parker and Associates, subject to the Conditions of Approval.
COMPREHENSIVE DEVELOPMENT PLAN – The Fountains – Mixed-Use Hospitality Center – Sweetbay Drive – Regional Commercial District – M-110, P-4487, G-6, L-1 - #SP-0210-03A – The Commission approved the Comprehensive Development Plan for a Mixed-use Hospitality Center at The Fountains Planned Business Center, including a waiver of the Community Impact Statement and the Statement of Intent to Proceed and Financial Capability, subject to the Conditions of Approval.
COMPREHENSIVE SITE PLAN – Kirk Kinnamon – Office Building – 303 Philip Morris Drive – Light Business and Institutional District – M-110, P-2432, G-14, L-11, #SP-0304 – The Commission approved the Comprehensive Site Plan for Kirk Kinnamon’s property at 303 Philip Morris Drive, subject to the Conditions of Approval.
INFORMAL DISCUSSION – Salisbury Municipal Code Amendments – Requests to Create Special Overlay Districts – The Commission requested further Staff research on university related zoning.
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:
Blind Industries, Inc., represented by Selby Sign Co. – CONTINUED FROM 12/5/02 – 8 ft. Sign Setback Variance – 1303 Old Ocean City Road – General Commercial District - #SA-0221 – The Board approved the requested 8 ft. sign setback variance as requested, based on the criteria listed in Section V(c) of the Staff Report and subject to the Conditions of Approval.
Merrill W. and Barrie P. Tilghman, represented by Becker Morgan Group – 4 ft. Side Yard Setback Variance – 1009 Monitor Court – R-8 Residential District - #SA-0301 – The Board approved the requested 4 ft. Side Yard Setback Variance, based on the criteria listed in Section V(c) of the Staff Report.
Deke and Lou Elin Sheller – 627 N. Pinehurst Avenue – Buffer Variance – Requesting 50 ft. (408 sq. ft) Variance from the Chesapeake Bay Critical Area 100 ft. Tidal Buffer Requirements for a proposed home and deck addition – R-10 Residential District - #SA-0218-03B – The Board approved the requested 50 ft. (408 sq. ft.) Buffer Variance from the 100 ft. Tidal Buffer Requirements, based on the criteria listed in Section V(c) of the Staff Report and subject to the Conditions of Approval.
Drs. Natesan and Snitzer, represented by English Sign Systems – 2 ½ ft. Height and 22 sq. ft. Sign Surface Area Variance – 1413 South Division Street – Office Service Residential District- #SA-0302 – The Board approved the requested 2 ½ ft. Height Variance and 22 sq. ft. Ground Sign Surface Area Variance, based on the criteria listed in Section V(c) of the Staff Report.
Pepsi Cola Bottling Company of Salisbury, Maryland, represented by Andrew W. Booth and Assoc. – Enlargement of a Legal Nonconforming Structure, 10 ft. Front Setback Variance from Oak Street and 3 ft. Front Setback Variance from E. Carroll Street; 10 ft. Landscaping Variance on Elmwood Street and 11 ft. Landscaping Variance o Franklin Street and Special Exception for Truck Parking in a Residential District – Oak, East Carroll and East Locust Streets – General Commercial and R-5A Residential Districts - #SA-8215-03A – The Board approved the enlargement based on the criteria listed in Section V(c) of the Staff Report and approved the following requests subject to the Condition of Approval recommended by the Board:
(a) permission to enlarge a legal nonconforming structure
(b) 10-ft. front setback variance from Oak Street
(c) 3 ft. front setback variance from E. Carroll Street
(d) 10 ft. landscaping area variance along Elmwood Street
(e) Special Exception – Truck/Trailer parking in a Residential District
The Board denied the requested 11-ft. landscaping width variance from Franklin Avenue, based on a finding that the Board could not determine a hardship or practical difficulty associated with the request and citing a need for mitigating the impacts of increased traffic movements on the adjoining residential neighborhoods.
David and Maria Cook – Special Exception – Studio – 1226 N. Division Street – R-8 Residential District - #SA-0217-03A – The Board approved the requested Special Exception for an art and ceramic studio as an accessory use in the residence, subject to the Conditions of Approval.
Mark G. Babbitt/Burke Equipment Co. – 2 ft. Fence Height Variance – 1505 S. Salisbury Blvd. – General Commercial District - #SA-8603-03A – The Board approved the 2-ft. fence height variance, approval of the placement of the fencing in the front yard of this property for the proposed storage yard, and relief from the screening requirements for a storage yard, subject to the Condition of Approval.
Commercial Investment Partnership, represented by Davis, Bowen, & Friedel – Special Exception – 61,400 sq. ft. shopping center – Dickerson Lane – General Commercial District- #SA-0303 – The Board approved the requested Special Exception for a 61,400 sq. ft. shopping center, Avalon Village, including Lot B, in accordance with the criteria listed in Section V(c) of the Staff Report, and subject to the Conditions of Approval.
Carroll and Ann Beauchamp – 2 ft. Side Yard Setback Variance – 106 North Saratoga Street – R-8 Residential District - #SA-0304 – The Board approved the requested 2-ft. side yard setback variance for the proposed family room addition as submitted.
St. James A.M.E. Zion Church – Enlargement of Nonconforming Structure – Storage Addition – 521 Mack Avenue – R-5 Residential District - #SA-0305 – The Board approved the requested enlargement of a legal nonconforming structure, based on the criteria listed in Section V(c) of the Staff Report, and subject to the Conditions of Approval.
Andre B. Sykes/ABS Construction – Reconstruction of a Legal Nonconforming Structure more than 50 percent Destroyed and Setback Variances – 400 Barclay Street – General Commercial District - #SA-0306 – The Board tabled this request until a Site Plan is submitted for review.
D. City Chespeake Bay Critical Area Projects
The Chesapeake Bay Critical Area staff has reviewed three (3) projects withing the City and has issued one (1) violation notice. Issued several Certificates of Compliance to property owners within the City.
Riverside Medical Park – Phase Two – Michael Tilghman, DDS – Davis, Bowen, & Friedel, Inc. – Intensely Developed Area – M-111, P-2581 – Reviewed project to assure City Chesapeake Bay Critical Area Program compliance. Coordinated meetings with the Chesapeake Bay Critical Area Commission, Maryland Department of Natural Resources, and Davis, Bowen, and Friedel, Inc., on several occasions to discuss design revisions and Critical Area compliance. Issued a Certificate of Compliance to construct a medical office complex within the Critical Area.
Williams Landing – Apartment & Office Complex – Donald Edwin Williams – Chris D. Custis PLS/M.B. Carew & Associates, Inc. – Intensely Developed Area – M-111, P-1492 & 1493 – Reviewed project to assure City Chesapeake Bay Critical Area Program compliance. Met with Chris D. Custis and Milton Carew to discuss design revisions and Critical Area compliance. Conducted field visits to verify existing conditions. Issued a Certificate of Compliance to construct an apartment and office complex within the Critical Area.
Pepsi Cola Bottling Company of Salisbury – Andrew W. Booth & Associates, Inc. – Intensely Developed Area – M-112, P-1772 – Reviewed project to assure City Chesapeake Bay Critical Area compliance. Met with Andrew W. Booth & Associates, Inc., to discuss design revisions and Critical Area compliance. Issued a Certificate of Compliance to construct a warehouse within the Critical Area.
Dolbey Marine, Inc. – Intensely Developed Area – M-111, P-1500 – Issued a Chesapeake Bay Critical Area Violation Notice to Mr. Charles Dolbey of Dolbey Marine, Inc. A site inspection revealed that a pier had been built and grading had occurred on the site without a final Chesapeake Bay Critical Area Certificate being issued. Conditions were set forth in the violation notice.
E. City Forest Conservation Projects
The Forest Conservation staff has reviewed three (3) projects within the City, issued fifteen (15) Exemptions certificates and performed site inspections on three (3) project sites.
Go-Getters Foundation, Inc. – 3 Apartment Buildings – M-104, P-2594 – Reviewed project to verify Forest Conservation Act compliance. Coordinated meetings with the site engineers and surveyors on several occusions to discuss design revisions and FCA compliance. Conducted field visits to verify existing conditions. Reviewed FCA Plan and Delineation, made comments to engineers concerning compliance issues.
The Fountains – Office Park – M-110, P-4487 – Reviewed project to verify Forest Conservation Act compliance. Coordinated meetings with the site engineers and surveyors on several occasions to discuss design revisions and FCA compliance. Reviewed FCA Plan and Delineation, made comments to engineers concerning compliance issues. Issued staff approval of plan.
Salisbury Commons – Apartment Complex – M-48, P-216 – Reviewed project to verify Forest Conservation Act compliance. Coordinated meetings with the site engineers and surveyors on several occasions to discuss design revisions and FCA compliance. Reviewed FCA Plan and Delineation, made comments to engineers concerning compliance issues. Issued staff approval of plan.
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.