Waverly Woods Development Corporation

Proposed Gas Station Convenience Store and Auto Repair Facility

BA 10-023C

Resume of Anthony D. Redman, AICP

Documents Reviewed

Howard County General Plan 2000 Howard County Subdivision and Land Development Regulations Howard County Zoning Regulations including: PEC District Provision (section 116) General Provisions (Section 100) Site Plan Zoning Petition provisions (Section 100 G 2) Conditional Use Provisions (Section 131) Conditional Use Provisions for Gasoline Service Stations (Section 131 N 25)

Sites Visited to Support Research

Inventoried and reviewed aerial photography for 68 Howard County Gas Stations and/or Gas Stations with Convenience Stores and/or car washes throughout the County. Visited 50 of the 68 locations Visited all 13 locations/sites subject to Board of Appeals cases for Conditional Use Applications for Gas Stations with or without Convenience Stores or Carwashes over the past 10 years

Files and Decisions Reviewed

Reviewed Board of Appeals Decisions for all Gas Stations approved by Conditional Use over the past 10 years (13 cases ). Reviewed DPZ staff reports BA 99-04E :(1999)Waverly Exxon across the Road ZB 1067M: (2007) Gas Station rezoning/Village Center BA 08-049C: (2008) Waverly Village Center CUP BA 10-023C :(2010) Current Proposal BA 10-023C: (2011) DPZ Re-evaluation as requested

Files and Decisions Reviewed (Cont.)

BA 10-023C (2011) Hearing Examiner Decision/Order Zoning Board Case #929M (GTW Rezoning of 682 acres Zoning Board Case #1027M (Rezoning to PSC (Courtyards) ZRA-88: (2007) Text Amendment to 116.B to permit B-1 retail service uses in a Planned development of 500 Dwelling Units or greater.

Prior Gas Service Station Cases Reviewed By Tony Redman

Tony Redman visited 50 of the 68 existing gas stations located in Howard County.

Project is inconsistent with 2000 General Plan Policies

Since 1971, the Countys General Plans have emphasized the need for conveniently located commercial areas without further expansion of strip commercial development along main roads. Commercial strips will not be expanded but will remain an important part of the Countys commercial land uses.
Howard County General Plan 2000, page 191

Howard County General Plan 2000 Page 191 Commercial strips are perhaps the most well-known, negative image associated with the growth of bedroom communities after World War II. These strips were designed to be accessible only by automobile. Commercial strips often replaced the commercial main streets or downtowns of traditional small towns, such as Elkridge, Savage and Ellicott City. Commercial strips were seldom planned to accommodate any civic presence, social institutions, open space or public spaces. They became extremely hostile environments for pedestrians and allowed no direct access to adjacent residential communities (Figure 5-7).

Proposed Project is Strip Development

Defined as: An area of commercial development along a thoroughfare
Source: Random House Websters College Dictionary

Project can better be characterized as strip development because it has the following features: Individual small group of uses isolated from other uses. Parking lots are located between the stores and street Uses are highway-oriented, auto-dependent in nature. Lacks pedestrian friendly qualities/Auto dominating Dependant on arterial street or main thoroughfare frontage for visibility to support use.

Project is inconsistent with Plan policy 5.9

Policy 5.9: Allow for the appropriate size, location and purpose of commercial centers.

No Extension of Commercial Strips.

Reaffirm the policy of past General Plans to not extend strip commercial development areas on major roads beyond their present limits.
Howard County General Plan page 193/194

Project is inconsistent with General Plan Policies 5.1 and 5.7

General Plan Policy 5.1: Promote focal areas that will strengthen existing communities and provide attractive landmarks or gathering places. (Howard Co. General Plan, page 176)

Commercial Centers
Older, community-oriented commercial centers, usually anchored by a supermarket, also face an uncertain future. The small businesses that share these Centers depend heavily on the traffic generated by the anchors. These community commercial centers often provide a focus for the surrounding neighborhood. If the commercial center declines, surrounding residential areas may suffer.. Howard County General Plan page 189

GENERAL PLAN POLICY 5.9: Allow for the appropriate size, location and purpose of commercial centers. POLICY 5.11: Make existing commercial centers and strip commercial-industrial corridors more efficient and attractive, and give them a more positive role in communities.

Waverly Park complies with this policy. The proposed gas service station does not.

Tenants

Inconsistent with Chapter 6 of the General Plan

Vision 5: Our environmental resources will be protected, used wisely, and restored to health. (Howard County General Plan Page 215) Policy 6.2 Ensure the environmental integrity of streams and wetlands Strengthen buffer requirements to enhance protection of stream and wetland resources. (Howard County General Plan Page 223)

Additional Policy Inconsistencies with Chapter 6 of the General Plan

Policy 6.4 Restore and protect stream valley environments. Make restoration of degraded or threatened areas along streams a prime element of community planning efforts. (Howard County General
Plan Page 224)

The Little Patuxent is one of only 7 designated Greenways

This mix of proposed uses in this location adjacent to the Little Patuxent does not ensure the integrity of streams,. strengthen buffers to enhance protection of streams and wetlands. restore and protect the stream valley environment

Zoning Inconsistency
No zoning district in the County identifies gas stations as a permitted use indicating a conscious decision that they may have adverse impacts and should be subject to a higher level of scrutiny.

Project is inconsistent with the Legislative Intent/General Provisions of the County Zoning Regulations
SECTION 100: General Provisions
2. To protect the character, the social and economic stability of all parts of the
County; to guide the orderly growth and development of the County, and to protect and conserve the value of land and structures appropriate to the various land use classes established by the General Plan for Howard County, and by these comprehensive zoning regulations; structures..and to promote safe and convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and structures throughout the County.

3. To promote the most beneficial relationship between the uses of land and

7. To ensure that all development and land uses protect or enhance the
natural, environmental, historic, architectural and other landscape resources of the County, especially highly fragile and environmentally important features such as floodplains, wetlands or steep slopes.

Wrong Form of Zoning Action Requested

Proposal should not be before the Board of Appeals for approval due to inconsistency with Section 100 G 2 of the Zoning Ordinance

Proposed Site was part of lands subject to Zoning Amendment granted by the Zoning Board to create the PEC District and other zone districts in 1993 (Case # 929M). Approval was in accordance with a documented site plan which was made part of the Decision and Order of the Zoning Board. The subject parcel was not identified for any development at any time.

Documented Site Plan Case ZB 929M

Documented Site Plan Case ZB 1027M

Wav erly Woods Ov erall Conceptual Plan ZB 1027M

Applicants Exhibit #3 BA 10-023C

Since no development was proposed when site plan and zoning amendment were approved, current proposal requires an amendment to the documented site plan. Section 100 G 2 f. notes that significant changes to the site plan must be approved by the Zoning Board in accordance with the procedures for the original Zoning Board petition Therefore the proposal is subject to approval only by amendment of the site plan and only by the Zoning Board Zoning Board also has authority to approve the conditional use as a permitted use as a matter of right (See 100 G 2 g) Not even a convenience store is permitted (contrary to previous testimony)

Hearing Examiner Decision and Order BA 10-023C

As discussed above, the 1982, 1990, and 2000 General Plans consistently support the policy of not extending commercial strip development along main roads beyond their present limits. The proposed gasoline service station use, in combination with a convenience store, is commercial strip development Importantly, the site at issue in this case is shown as undeveloped on the 2003 conceptual development plan for Waverly Woods. The Petitioner presented no evidence that the site of the proposed gasoline service station is an intrinsic part of the conceptual development of Waverly Woods. p. 14

Gas Service Station, Convenience Store and Auto Repair Facility = Significant Change
Section 100.G.2.f. A property rezoned in accordance with a site plan zoning petition must be substantially complete in accordance with the site plan(s) approved by the Zoning Board. Minor deviations from the site plan(s) resulting from more detailed engineering and site design may be approved by the Department of Planning and Zoning as part of the plan review process. The Zoning Board shall be notified of minor changes approved by the Department of Planning and Zoning. Any significant changes must be approved by the Zoning Board in accordance with the procedures for the original Zoning Board petition. Zoning Board review shall be limited to consideration of the proposed changes to the site plan(s).

Inconsistent with PEC District Purpose

Section 116 A: The PEC District is established to provide for comprehensively planned employment centers combining research and development, office, light manufacturing and assembly, limited commercial and other enumerated uses. It is intended that this district provide higher standards of development and a more flexible approach to design and development than could be achieved under conventional zoning districts. It is further the purpose of this district to: 1. 2. Provide for orderly development of large-scale, comprehensively planned employment centers; Provide for open areas to act as buffers between incompatible uses and as design elements which will achieve the physical and aesthetic integration of the uses and activities within each development; and Provide a landscaped, campus-like setting for employment in which the various uses relate compatibly with one another according to a comprehensive plan of development for an entire district.

3.

Existing PEC Stations Conform To Purpose

All are part of a mix of uses and not stand alone sites. Uses relate to one another. All have 2 or 3 entrances to facilitate options for site access and egress and are connected to other uses. None are located next to a healthy stream system and Wetlands.

PEC BA 03-61C Montpelier Road Exxon

PEC Exxon Marshalee Drive

PEC BA 08-049C Waverly Village Shell

All Gas Stations Approved since 2000 Have Two or More Entrances except one which is 50% smaller Than BA 10-023C

Of 68 Gas Stations Only Two Have Single Entrance

7-11

Highs

Project fails to meet General Standards Required for Approval Section 131 B

General Standards Required for Approval (Section 131.B.1) The proposed conditional use will be in harmony with the land uses and policies indicated in the Howard County Comprehensive Plan.
Since project is Strip Development it is not in harmony with the policies in the Howard County General Plan (Plan Policy 5.9) Other provisions of the Plan with which the proposal is not harmonious have been cited and include policies 5.1, 5.7, 5.11, 6.2 and 6.4.

Proximity of Site to Waverly Mansion & 1999 Exxon Site Section 131.B.2.a

The impact of adverse effects such as noise, dust, fumes, odors, lighting, vibrations, hazards or other physical conditions will be greater at the subject site than it would generally be elsewhere in the zone or applicable other zones.

Impacts to Waverly Mansion setting are greater than those that would normally be associated with such use due to site location at the Gateway to the Mansion.

View Seen By Those Driving Towards Gas Station From West End Barnsley Way

Section 131.B.2.b The location, nature and height of structures, walls and fences, and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the development and use of adjacent land and structures more at the subject site than it would generally in the zone or applicable other zones.

Section 131.B.2.c Parking areas will be of adequate size for the particular use. Parking areas, loading areas, driveways and refuse areas will be properly located and screened from public roads and residential uses to minimize adverse impacts on adjacent properties. Section 131.B.2.d The ingress and egress drives will provide safe access with adequate sight distance, based on actual conditions, and with adequate acceleration and deceleration lanes where appropriate.

Project fails to meet Standards specific to Gasoline Service Stations that are Required for Approval in Section 131 N 25

Section 131.N.25.a The use will not adversely affect the general welfare or logical development of the neighborhood or area in which the station is proposed and will not have a blighting influence as a result of a proliferation of gasoline service stations within a particular area.

Proposal will cutoff the lifeblood and, therefore, adversely affect the general welfare of the Waverly Village Center, including Weis Market, Subway, Players, Shell, etc.

Fails to satisfy requirements in 131.N.25.g: Access driveways and on-site paved areas shall be designed and located to ensure safe and efficient movement of traffic and pedestrians. Failures:

Inadequate sight-distance; Vendor delivery conflicts with service bay use; Parking spaces require dangerous pedestrian crossing of drive lanes and pump areas; Six parking spaces unavailable for customer use during fuel delivery; and Fuel tanker-other large vehicles block single entrance/exit.

Sites funnel shape or angled configuration limits options for development design. The shape renders the site unsuitable for this level of development intensity and activity. This results in:
Inadequate sight-distance; A single entrance versus multiple access/egress options Vendor delivery conflicts with service bay use; Parking spaces require dangerous pedestrian crossing of drive lanes and pump areas; Six parking spaces unavailable for customer use during fuel delivery; and Fuel tanker-other large vehicles blocking single entrance/exit.

As stated on page 6 of the Technical Staff Report,

Although the site may comply with the basic
minimum lot area and frontage requirements of Section 131.N.25, its relatively narrow nature, the angled character of the development design, and the proposed road access all lead to the conclusion that the site is ill-suited to properly accommodate the potential level of use in this particular location.

Environment
Section 131.B.2.a The impact of adverse effects such as noise, dust, fumes, odors, lighting, vibrations, hazards or other physical conditions will be greater at the subject site than it would generally be elsewhere in the zone or applicable other zones. Hazard of Pollution is greater on this site than at other sites in the same zone due to proximity of stream and wetlands

Proximity of PEC Stations To Nearest Stream

Waverly Woods BA 10-023C 90 feet to nearest stream Waverly Village Shell 838 feet to nearest stream

Marshalee Drive Exxon 505 feet to nearest stream

Montpelier Road Exxon 2,098 feet to nearest stream

Excerpt from Mr. Rutters Technical Staff Report 99-04E (p. 5-6): The area across Marriottsville Road is also part of the Waverly Woods development, however the area closest to the road is 100 year floodplain, and will not be built upon. The portion of the development west of Marriottsville Road, according to the approved sketch plan, will be developed for PEC employment uses between the years 2011 and 2020. The Little Patuxent River, however is located to the west of and parallel to Marriottsville Road. Therefore, when the area to the west of Marriottsville Road is developed, the area within 300 feet of that road will not be built upon due to its location within the flood plain.

From APFO Mitigation Plan F-07-032

Proposed BMPs & Environmental Features

Bioretention

Permeable Paver

Hydrologic Soil Groups, Hotspots & Fill

D C
2009 Maryland Stormwater Design Manual
Permeable pavements shall not be installed in HSG D or on areas of compacted fill. (p. 5-48) Hotspot Runoff: Permeable pavements should not be used to treat hotspots that generate higher concentrations of hydrocarbons, trace metals, or toxicants than are found in typical stormwater runoff and may contaminate groundwater. (p. 5-47)

Source: USDA Web Soil Survey

Hotspot Runoff: Micro-bioretention practices that are designed to promote infiltration of runoff into the ground should not be used to treat hotspots that generate higher concentrations of hydrocarbons, trace metals, or toxicants than are typically found in stormwater runoff and may contaminate groundwater. (p. 5-97)

Floodplain Fill Transferred to Conditional Use Plan

Unaltered Conditional Use Plan

Floodplain Fill Nontidal Wetland Permit 09-NT-3085

Infiltration Doesnt Work On D Soils or Fill

Infiltration maintains dryweather inflow to wetlands and the Little Patuxent River.

Stormwater Hotspots

From: Hydrocarbon Hotspots in the Urban Landscape, Center for Watershed Protection

From 2009 Maryland Stormwater Design Manual

Site Storm Drain System Discharges to Little Patuxent River

Healthiest Portion of Little Patuxent River Adjoins Site

Site

Small Size Makes Little Patuxent Very Vulnerable

Little Patuxent 12 Miles Downstream @ Savage

Little Patuxent Next To Site

Lighting/Security

Howard County has designated land for the observatory as part of its master plan for the 72-acre park at 11685 Frederick Road. Baltimore Sun 9-29-11

Proximity of Observatory to Site

Section 131.N.25.h: Where a gasoline service station is adjacent to a residential district, its hours of operation and a detailed lighting plan shall be approved by the Hearing Authority.

Protestants Exhibit 14

Total Number of Stations Surveyed Average Number of Dispensers Per Station Average Number of Canopy Light Fixtures Per Station Total Number of Stations Surveyed with LED fixtures Average Number of Dispensers Per Station Average Number of LED Canopy Light Fixtures Per Station Proposed Station on Marriottsville Road: Number of Dispensers Number of LED Canopy Light Fixtures

50 5.4

22.9
6 5

24.2

Note high risk factors such as types of store patrons or environmental factors, such as: building layouts, interior and exterior lighting p. 8 Maintaining adequate lighting inside and outside the establishment; p. 11 Is lighting bright in outside, parking and adjacent areas? p. 14 Adequate lighting in and around the workplace? p. 16 Parking lot well lighted? p. 16 Is there enough lighting to see clearly outside the building? p. 21 Is there enough lighting to see clearly in the parking lot and when walking to the building? p. 21