CHARLES COUNTY GOVERNMENT
Department of Planning and Growth Management Melvin C. Beall, Jr., P.E., Director
INTEROFFICE MEMORANDUM
TO: THRU: THRU: FROM: DATE: SUBJECT: Denise Ferguson, Clerk to the County Commissioners Chuck Beall, PGM Director Reed Faasen, Acting Planning Director Shelley Wagner, Program Manager June 9, 2009 AGENDA ITEM: ZMA 07-31 Jenkins (Chaney)
Please find attached three copies of the ZMA #07-31 Jenkins Property scheduled on Wednesday, June 17, 2009 for a worksession.. The electronic copy has been forwarded. It may also be found in the Response Directory at the following path: R:HOME/COM/RESPONSE/PGM/Commissioner Agenda items/June 17, 2009. Should you have any questions, please contact Shelley Wagner at #2608.
cc: Chuck Beall w/attachment
CHARLES COUNTY COMMISSIONERS WORK SESSION #3 ZMA #07-31 Jenkins Property June17, 2009
REQUEST The applicant, Chaney Enterprises, Inc., the owner of the Subject Property, requests an amendment to change the AC, Agricultural Conservation Zone and the RV, Village Residential Zone, to IH, Heavy Industrial Zone, for the property located on the south side of Prince Frederick Road (Route 231) near Hughesville. The Subject Property is also known as Tax Map 36, Grids 16 and 23, Parcels 47, 99 and 217. The Subject Property is west of the Hughesville Post Office and the Brookleigh Woods Subdivision and east of the Hughesville Industrial Park. Property to the north of the Subject Property is currently undeveloped. The applicant has presented a report (Application-attached) which proposes a finding of a substantial change in the character of the neighborhood and a finding of a mistake as defined by Article 66B of the Annotated Code of Maryland and the Charles County Zoning Ordinance. APPLICANT’S AMENDED REQUEST: On March 23, 2009, Edward Gibbs, attorney for Chaney Enterprises, submitted a request to amend Zoning Map Amendment #07-31 (attached immediately after worksession report). The applicant request the proposed rezoning category be changed from Heavy Industrial (IH) to Community Commercial (CC) as the CC zoning would be less intense and would help to support the objectives of the Hughesville Sub-Area Plan. This request is based upon both change in the character of the neighborhood and mistake. BACKGROUND: The County Commissioners held a public hearing on the revisions to Zoning Map Amendment on May 19, 2009. The Commissioners held the public record open until June 4, 2009. The Commissioners received twenty-six (26) letters or emails opposing the map amendment. The authors of the majority of the letters felt that the applicant did not make a case for either change in the character of the neighborhood nor mistake. In addition, many felt that the proposed change goes against the purpose and goals of the Hughesville Sub-Area Plan and will harm the area rather than bringing a positive change. All of the comments received have been attached for review.
In addition, a transcript of the Planning Commission worksession, a copy of the Charles County
Zoning Ordinance, 2006 Comprehensive Plan, The Hughesville Sub-Area Plan, Charles County Subdivision Regulations and a copy of the Maryland Office Planning’s Smart Growth: Designating Priority Funding Areas were submitted as part of the official record for the review and consideration of the Commissioners. Finally, fourteen (14) copies of articles written in the Maryland Independent and thirty-four (34) copies of letters to the editor were submitted into the record. The applicant respectfully request the County Commissioners find that Community Commercial (CC) Zoning be more appropriate for this site and grant Zoning Map Amendment #07-31 based upon mistake and change in the character of the neighborhood as stated under Article 66B.