Proposed Gas Station Proposed Gas Station Convenience Store Convenience Store and Auto Repair and Auto Repair

FacilityFacility

BA 10BA 10--023C023C

Waverly Woods Development Corporation

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 ResearchSites Visited to Support Research

Inventoried and reviewed aerial photography for Inventoried and reviewed aerial photography for 68 Howard County Gas Stations and/or Gas 68 Howard County Gas Stations and/or Gas Stations with Convenience Stores and/or car Stations with Convenience Stores and/or car washes throughout the County.washes throughout the County.

Visited 50 of the 68 locationsVisited 50 of the 68 locations Visited all 13 locations/sites subject to Board of Visited all 13 locations/sites subject to Board of

Appeals cases for Conditional Use Applications Appeals cases for Conditional Use Applications for Gas Stations with or without Convenience for Gas Stations with or without Convenience Stores or Carwashes over the past 10 yearsStores or Carwashes over the past 10 years

Files and Decisions ReviewedFiles and Decisions Reviewed

Reviewed Board of Appeals Decisions for all Gas Stations Reviewed Board of Appeals Decisions for all Gas Stations approved by Conditional Use over the past 10 years (13 approved by Conditional Use over the past 10 years (13 cases ).cases ).

Reviewed DPZ staff reportsReviewed DPZ staff reports BA 99BA 99--04E :(1999)Waverly Exxon across the Road04E :(1999)Waverly Exxon across the Road ZB 1067M: (2007) Gas Station rezoning/Village CenterZB 1067M: (2007) Gas Station rezoning/Village Center BA 08BA 08--049C: (2008) Waverly Village Center CUP049C: (2008) Waverly Village Center CUP BA 10BA 10--023C :(2010) Current Proposal023C :(2010) Current Proposal BA 10BA 10--023C: (2011) DPZ Re023C: (2011) DPZ Re--evaluation as requestedevaluation as requested

Files and Decisions Reviewed (Cont.)Files and Decisions Reviewed (Cont.)

BA 10BA 10--023C (2011) Hearing Examiner Decision/Order023C (2011) Hearing Examiner Decision/Order Zoning Board Case #929M (GTW Rezoning of 682 acresZoning Board Case #929M (GTW Rezoning of 682 acres Zoning Board Case #1027M (Rezoning to PSC Zoning Board Case #1027M (Rezoning to PSC

(Courtyards)(Courtyards) ZRAZRA--88: (2007) Text Amendment to 116.B to permit B88: (2007) Text Amendment to 116.B to permit B--1 1

retail service uses in a Planned development of 500 retail service uses in a Planned development of 500 Dwelling Units or greater. Dwelling Units or greater.

Prior Gas Service Station

CasesReviewed By

Tony Redman

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

Project is inconsistent with Project is inconsistent with 2000 General Plan Policies2000 General Plan Policies

“Since 1971, the County’s 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 County’s commercial land uses.”

Howard County General Plan 2000, page 191

Howard County General Plan 2000Page 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 Webster’s 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 streetUses 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.

Howard County General Plan page 193/194

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.

Project is inconsistent with Plan policy 5.9

Project is inconsistent with General Plan Policies 5.1 and 5.7

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

Commercial CentersCommercial 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

TenantsWaverly Park complies with this policy.

The proposed gas service station does not.

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.

Inconsistent with Chapter 6 of the Inconsistent with Chapter 6 of the General Plan 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)

“Make restoration of degraded or threatened areas along streams a prime element of community planning efforts.”(Howard County General Plan Page 224)

Additional Policy Inconsistencies with Chapter 6 of the General Plan Policy 6.4 “Restore and protect stream valley environments.”

The Little Patuxent is one of only 7 The Little Patuxent is one of only 7 designated Greenwaysdesignated 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 InconsistencyZoning InconsistencyNo 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 Project is inconsistent with the Legislative Intent/General Provisions Legislative Intent/General Provisions

of the County Zoning Regulationsof 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;

3. To promote the most beneficial relationship between the uses of land and structures…..and to promote safe and convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and structures throughout the County.

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 RequestedWrong Form of Zoning Action Requested

Proposed Site was part of lands subject to Zoning Proposed Site was part of lands subject to Zoning Amendment granted by the Zoning Board to create the PEC Amendment granted by the Zoning Board to create the PEC District and other zone districts in 1993 (Case # 929M).District and other zone districts in 1993 (Case # 929M).

Approval was in accordance with a Approval was in accordance with a ““documenteddocumented”” site plan site plan which was made part of the Decision and Order of the which was made part of the Decision and Order of the Zoning Board.Zoning Board.

The subject parcel was not identified for any development at The subject parcel was not identified for any development at any time.any time.

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

Documented Site Plan Case ZB 929M

Waverly Woods Overall Conceptual Plan ZB 1027M

Documented Site Plan Case ZB 1027M

Applicant’s Exhibit #3 BA 10-023C

Since no development was proposed when site plan and Since no development was proposed when site plan and zoning amendment were approved, current proposal zoning amendment were approved, current proposal requires an amendment to the documented site plan.requires an amendment to the documented site plan.

Section 100 G 2 f. notes that Section 100 G 2 f. notes that ““significant changessignificant changes”” to the to the site plan must be approved by the Zoning Board in site plan must be approved by the Zoning Board in accordance with the procedures for the original Zoning accordance with the procedures for the original Zoning Board petitionBoard petition””

Therefore the proposal is subject to approval Therefore the proposal is subject to approval only by only by amendment amendment of the site plan and only by the Zoning Boardof the site plan and only by the Zoning Board

Zoning Board also has authority to approve the conditional Zoning Board also has authority to approve the conditional use as a permitted use as a matter of right (See 100 G 2 g)use as a permitted use as a matter of right (See 100 G 2 g)

Not even a convenience store is permitted (contrary to Not even a convenience store is permitted (contrary to previous testimony)previous testimony)

Hearing Examiner Decision and OrderBA 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 Gas Service Station, Convenience Store and Auto Repair Facility = Store and Auto Repair Facility =

Significant ChangeSignificant ChangeSection 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 changesto the site plan(s).

Inconsistent with PEC District Purpose 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. Provide for orderly development of large-scale, comprehensively planned employment centers;

2. 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

3. 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.

Existing PEC Stations Conform Existing PEC Stations Conform To PurposeTo Purpose

All are part of a mix of uses and not stand alone All are part of a mix of uses and not stand alone sites. Uses relate to one another.sites. Uses relate to one another.

All have 2 or 3 entrances to facilitate options for site All have 2 or 3 entrances to facilitate options for site access and egress and are connected to other uses.access and egress and are connected to other uses.

None are located next to a healthy stream system None are located next to a healthy stream system and Wetlands.and Wetlands.

PEC BA 03PEC BA 03--61C 61C Montpelier Road ExxonMontpelier Road Exxon

PEC ExxonPEC ExxonMarshalee DriveMarshalee Drive

PEC BA 08-049C Waverly Village Shell

All Gas Stations Approved since 2000 Have Two or All Gas Stations Approved since 2000 Have Two or More Entrances except one which is 50% smaller More Entrances except one which is 50% smaller

Than BA 10Than BA 10--023C023C

7-11

High’s

Of 68 Gas Stations Only Two Have Single

Entrance

Project fails to meet General Project fails to meet General Standards Required for ApprovalStandards Required for Approval

Section 131 B 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 Proximity of Site to Waverly Mansion & 1999 Exxon SiteExxon Site

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.

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.

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

Barnsley WayBarnsley 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 Section 131.B.2.c 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 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 Project fails to meet Standards specific to Gasoline Service specific to Gasoline Service Stations that are Required for Stations that are Required for Approval in Section 131 N 25Approval in Section 131 N 25

““Section 131.N.25.a 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.

Failures:Failures:

•• Inadequate sightInadequate sight--distance;distance;

•• Vendor delivery conflicts with service bay use;Vendor delivery conflicts with service bay use;

•• Parking spaces require dangerous pedestrian crossing of Parking spaces require dangerous pedestrian crossing of drive lanes and pump areas;drive lanes and pump areas;

•• Six parking spaces unavailable for customer use during Six parking spaces unavailable for customer use during fuel delivery; andfuel delivery; and

•• Fuel tankerFuel tanker--other large vehicles block single other large vehicles block single entrance/exit.entrance/exit.

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.”

Site’s 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.

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

As stated on page 6 of the Technical Staff Report,

EnvironmentEnvironmentSection 131.B.2.a 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 Hazard of Pollution is greater on this site than at other sites in the same zone due to proximity of other sites in the same zone due to proximity of stream and wetlandsstream and wetlands

Proximity of PEC Stations To Nearest StreamProximity of PEC Stations To Nearest StreamWaverly Village Shell – 838 feet to nearest streamWaverly Woods BA 10-023C – 90 feet to nearest stream

Marshalee Drive Exxon – 505 feet to nearest stream Montpelier Road Exxon – 2,098 feet to nearest stream

Excerpt from Mr. Rutter’s 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 Proposed BMPs & Environmental & Environmental

FeaturesFeatures

Bioretention

Permeable Paver

Hydrologic Soil Hydrologic Soil Groups, Hotspots Groups, Hotspots

& Fill& Fill

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)

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)

Source: USDA Web Soil Survey

DC

B

DC

Floodplain FillNontidal Wetland Permit

09-NT-3085

Floodplain Fill Transferred toConditional Use Plan

UnalteredConditional Use Plan

Infiltration DoesnInfiltration Doesn’’t t Work On D Soils or Work On D Soils or

FillFill

Infiltration maintains dry-weather inflow to wetlands and the Little Patuxent River.

Stormwater HotspotsStormwater Hotspots

From 2009 Maryland Stormwater Design Manual

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

Site Storm Drain System Discharges Site Storm Drain System Discharges to Little Patuxent Riverto Little Patuxent River

Healthiest Portion of Little Patuxent Healthiest Portion of Little Patuxent River Adjoins SiteRiver Adjoins Site

Site

Small Size Makes Little Patuxent Small Size Makes Little Patuxent Very VulnerableVery Vulnerable

Little Patuxent Next To Site

Little Patuxent 12 Miles Downstream @ Savage

Lighting/SecurityLighting/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: 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 5050

Average Number of Dispensers Per Station 5.45.4

Average Number of Canopy Light Fixtures Per Station 22.922.9

Total Number of Stations Surveyed with LED fixtures 66

Average Number of Dispensers Per Station 55

Average Number of LED Canopy Light Fixtures Per Station 24.224.2

Proposed Station on Marriottsville Road:

Number of Dispensers 66

Number of LED Canopy Light Fixtures 33

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