Public Hearing Minutes
Emmitsburg Town Office
September 22, 2004

Request for Amendment to Resolution 90-2    Mr. Lucas presented a staff report: This involves an annexation that was done in 1990, 10.026 acres fronting on Creamery Road and US 15. This property has been purchased by Emmitsburg Glass Inc. for the purpose of relocating their current facility now located on Creamery Way. Applicant is here and represented by council, Mr. Scott Miller. This is a request to amend or delete the provision section 11. President O'Neil stated the cost to build 1 mile of road and questioned the figure of $4.4 million for the cost of the bridge. David Haller said that the cost of the bridge could even exceed that because there is a long span over the flood plane of several hundred feet and the studies alone will be immense because of the drainage for the stream. Even if we are high you are talking about $ 3 million for a road that goes through 3 properties that won't sell for a combined value of $5 million. Mr. Lucas stated that at that point of Flat Run the bridge would have to span approx. 500 feet of flood plane. President O'Neil asked how the property would be accessed without the bridge and was told that there is already access to the property via Creamery Road. Mr. Lucas' points of discussion included: not developable, not enough right of way for 60-foot reservation to build road, no dedicated funds by county, not feasible as a collector road, not in transportation plan of the comp plan. Is it appropriate to place that kind of condition on this 7 acres? Scott Miller, attorney for the applicant, Dan Reaver, President of Emmitsburg Glass, stated that all of this arises because there is "A line on the map" on the comprehensive plan. Not expressed at the comprehensive plan stage are the flood plains, wetlands, etc. - - nothing is analyzed and that is why comprehensive plans are changed because a lot of things are not feasible. Mr. Miller went on to explain about comprehensive plans and the feasibility. Mr. Miller, on behalf of the applicant, Emmitsburg Glass Company , formally requested that the collector road requirement be removed as a requirement in Resolution 90-02. Dan Reaver, President of Emmitsburg Glass spoke briefly about his company's expansion and the property in question. He employs 80 people and hopes to stay in Emmitsburg and expand. If this condition is not removed from the annexation resolution he will have no choice but to move his business out of Emmitsburg. Mr. Reaver stated that he has outgrown the current location and it has been sold so either he builds on the land in question or moves.

Commissioner Elder stated to Mr. Reaver that he and the Town Council are glad that he wants to stay in Emmitsburg.

Mr. O'Neil asked about the sale of new automobiles. Mr. Reaver explained that this started when George Starke, an ex-Redskin Football player bought Sperry Ford and wanted to build a new Ford Dealership. This property was zoned IP in the county master plan, then was rezoned office research industrial to allow for new car dealership. The clause in this resolution was probably why the development never came to fruition years ago.

Mr. Haller interjected that the body that approved this encumbrance also approved a lot the that did not meet their own subdivision regulations.

Public comments: Paula Lindsay, 16737 Creamery Road has done study on industrial land use in Frederick County. Subject property is not ready to be developed. Concerned about development costs being passed on to other landowners and safety of traffic on Creamery Road and Route 15. Defined ORI as allowing office, research and light industry.

Richard Lindsay to clarify George Stark car dealership issue- - was a request to change the zoning because a car dealership was not allowed at that time. He stated that when he bought property he did not know that a collector road was to go through their property. Here as resident of Frederick County and not the State Highway Administration. Whoever does this intersection, please do it safely and don't pass the burden of it on to taxpayers of Emmitsburg. With growth comes more people, and vehicular traffic. Mr. Lindsay spoke at length on SHA and road construction and cross overs.

Haller adds: Frederick County is not the one that required the payment for the bridge. There is municipal water and sewer pass thru the site. Applicant and Haller have spoken with SHA. SHA will determine what, if any, closure of that road. Mr. Reaver would be required to be permitted thru SHA. O'Neil asked Haller: Would it allow a pool of money to be built up over a long period of time? Mr. Haller queried as to how would you land a bridge the other end wouldn't even be in town, it would require a cross county connector.

Mr. Lucas stated that improvements such as road, extension water and sewer can be controlled with the site plan approval.

Mr. Haller stated that the applicant will build the road to the property and will extend water and sewer service to the property.

Public  Comments:  Susie Glass 239 North Seton Avenue, pointed out trickle-down effect of losing business in Emmitsburg spoke in favor of the amendment Harold Craig - spoke in favor of amendment deleting Section 11of Resolution 90-02 Patrick Boyle - agree with Mr. Craig in favor of the amendment that Section 11 should be deleted Don Briggs - spoke in favor of amendment deleting Section 11 of Resolution 90-02 Larry Little - spoke in support amendment selecting Section 11 of Resolution 90-02 Scott Miller: note #6 on recorded plat states improvement of Creamery shall be updated to County standards and a full commercial entrance will be designed and constructed at the time of site plan approval. O'Neil personally supports removing condition. Lucas will prepare resolution for signatures.   Motion - to direct staff to prepare the amendment pursuant to actions by Planning and Zoning commission to remove the restrictions and bring it forth to the Commission for consideration at that time. Vote: 3-0 in favor

Adjournment: To adjourn the September 22, 2004 Public Hearing and move into closed executive session.  Vote: 3-0 in favor.

Date Approved: November 1, 2004