North East Planning Commission Meeting
June 5, 2013
NORTH EAST PLANNING COMMISSION MEETING
North East Town Hall Meeting Room
106 South Main Street, North East, Maryland 21901
Wednesday, June 5, 2013
Chairman Brian Morgan called the meeting to order at 7:02 p.m. Present
included members Brian Morgan, Mark Dobbins and Ranald Langille.
Commissioner Eric Braley and member Mike Kline were absent due to business
commitments.
Also present were Melissa B. Cook-MacKenzie, Zoning
Administrator; Betsy Vennell, Director of Planning and Bill Weisel, Planning
and Zoning Assistant.
-PUBLIC HEARING1.
Ordinance No. 2013-06-01. Amendments to the Town of North East
Zoning Ordinance: Article 3. Definitions. Adding definition Local Vineyard.
Adding to Article 6, Supplementary Uses: Section 6-35 Wine Tasting Room,
when associated with a local vineyard. Adding Paragraph 1.A.B.C.D.E.F.G.H.I.;
to provide for a wine tasting room permitted by right in the “GC” General
Commercial District and permits a wine tasting room in the “VC” Village
Commercial District with an approved special exception and to provide
regulations with the associated use.
Chairman Morgan opened the public hearing for the purpose of receiving
public comment for proposed Zoning Ordinance 2013-06-01.
Mr. Langille inquired about whether wineries could “piggy back” with
another winery. Mr. Edward Behnke and Mrs. Doris Behnke, from the Turkey
Point Vineyard, reported that there are regulations, which state that in order for
the wine to be sold as Maryland wine, 75% of the wine grapes must be
produced in Maryland. Mrs. Vennell stated that the proposed wine tasting
room regulations must be associated with a Cecil County vineyard. Cecil
County regulations further state that a vineyard shall have crops that are
capable of producing wine. Mrs. Vennell stated that Mr. Kevin Addicts, from the
Maryland Winery Association was sent a copy of the draft regulations and the
Planning Commission draft includes his revisions.
Chairman Morgan stated that he did not want to make this ordinance too
confining. It was clarified that grapes could grow on or off the premises for
wines made by the owners. It was further stated that the juice of the grapes
produced can be incorporated elsewhere, and can be shipped to the vineyard
owned by Mr. and Mrs. Behnke and can be sold at the wine tasting room, but it
could not be sold as a Maryland wine.
There being no further comments, Chairman Morgan closed the public
hearing at 7:17 p.m. and called the regular monthly meeting to order.
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-MINUTESThe May 1, 2013 Planning Commission minutes were accepted as
presented.
-OLD BUSINESSNone.
-NEW BUSINESSOrdinance No. 2013-06-01: Recommendation to the Mayor and Commissioners
Mr. Langille made a motion to recommend to the Mayor and
Commissioners, the adoption of Ordinance No. 2013-06-01. Mr. Dobbins
seconded the motion and the motion was approved by all.
This ordinance will be introduced to the Mayor and Commissioners at
their June 12, 2013 meeting and a public hearing by the Mayor and
Commissioners will take place on June 26, 2013.
Annexation Plan Resolution C-2013-05-01A and Annexation Resolution C201305-02A: Recommendation to the Mayor and Commissioners – (Annexation Plan
Resolution and Annexation Resolution request filed by Alvin C. and Pamela A.
Russell, property owners of 125 Railroad Lane, North East, Maryland 21901.
The subject property includes approximately 11.585 acres and consists of
Parcel 95, found on tax map 25; recorded among the Land Records of Cecil
County, Maryland Liber 472, folio 880. This parcel is 11.65 acres of land
located on Railroad, Parcel 0025, Liber 82, Folio 88. Representatives of the
applicants were Mr. Ronald Wilson and Mr. James Riggs).
Mr. Ronald Wilson of Enterprise Homes, Incorporated stated that his
business is a partnering development with Osprey Property Group, which
developed Victoria Park and re-developed North Bay Apartments, (formally
Cedar Hill Apartments). Mr. Wilson reported the proposed Riverwoods
Development is an apartment community, which is proposed in two phases;
Phase I, the initial stage will consist of 76 apartment units. The second phase
will consist of 52 apartments. Mr. Wilson stated that the developers have been
awarded tax credits from the State, and have obtained financing through
Capitol One Bank and from the State of Maryland. Mr. Wilson also reported
that the Town of North East submitted a Community Development Block Grant
last week on behalf of the Riverwoods at North East project. Mr. Wilson stated
the apartments are proposed for families with an income of $15,000 to $30,000
annually. This income is less than 60% of the median area income. There will
be sixteen one-bedroom apartments, forty-two bedroom apartments and twentythree bedroom apartments. The rent is proposed from $360.00 to $890 per
month, depending on the size of the unit. In addition, Mr. Wilson stated that
there would be a 3,100 square foot Clubhouse, with laundry facilities. The
Town outlined on the Annexation Plan that the clubhouse must be constructed
prior to the first unit being rented.
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Mr. James Riggs, Vice President, Osprey Property Company discussed
the investigation of soil samples at this property as well as existing locations of
the water mains. Mr. Riggs stated that the water main travels down Railroad
Lane and turns right, directly underneath Unit “C”. Mr. Riggs stated that the
engineers would be modifying the concept site plan, as shown on prior concept
plans, by moving Unit “C” so the water main does not run under a building.
Mr. Wilson then showed the Planning Commission Members what they are
proposing, which is somewhat different from what they received in their
planning package.
Chairman Morgan asked about ownership interest and time commitment
to this project. Mr. Wilson stated that Enterprise Homes, Inc. is a non-profit
organization and will have a 51% ownership interest and Osprey will have a
49% interest. Mr. Wilson further commented that the Tax Credit compliance is
for 15 years, with the ability to extend for 30-40 years. The FHA financing is a
40-year term as well. Mr. Wilson stated that all of the rental units that
Enterprise has, all have 40-year contracts. Enterprise Homes, Inc. also has the
right of first refusal to purchase any properties that they currently have. Their
mission is to provide and be in this commitment for the long term.
Chairman Morgan asked what happens after 15 years, after the
development still has a newer character and the outside will need repair. Mr.
Wilson responded that the hope is to keep the development for 40 years as a
100% commitment. Chairman Morgan commended both Mr. Riggs and Mr.
Wilson for their commitment. Mr. Morgan also stated that he appreciates that
Enterprise Inc. and Osprey are working with the town staff with this project.
Mrs. Cook-MacKenzie reported that Victoria Park has been open for 9
years and the Management Company just ripped out and replaced the carpet.
Mrs. MacKenzie stated that maintenance has never been a problem with
Victoria Park Apartments.
North East Police Chief Darryl Hamilton was introduced. Chief Hamilton
came to the meeting at the request of Mrs. Cook-MacKenzie. Chief Hamilton
asked Mr. Riggs and Mr. Wilson if there is a provision in the lease that after a
certain number of police responses to a location, whether the renters can be
removed.
Mr. Riggs responded that with a long-term commitment, there is desire to
maintain a peaceful environment. Every prospective renter is required to have
a background check and credit checks prior to signing a lease.
Mrs. Cook-MacKenzie asked if the developers would entertain the
provision for eviction in a situation such as the Police Chief referenced. Both
Mr. Wilson and Mr. Riggs stated that they would entertain this, if the language
could be worded that this was fair, as both the State as well as HUD have to
approve the language of a lease. Mrs. Cook-MacKenzie stated that she has seen
the makeup in the North Bay complex and has noticed a significant drop in
police assistance calls at that location.
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Mr. Wilson stated that this is the first venture by Enterprise Homes, Inc.
into Cecil County. Mr. Wilson stated that Enterprise Homes, Inc. also owns
Cove Point in Dundalk, Greens at Rolling Road, Catonsville, English Council,
Catonsville and Logan Field, Catonsville, just to name a few.
Mr. Langille stated that other agencies have cooperated with nearby
developments, along with the chief of Police, and hopes that they would
entertain the idea of working with them. Mr. Langille stated that he wants to
have a great community.
Mr. Wilson stated that the property management would be Habitat
America, who also manages North Bay Apartments and Victoria Apartments.
Mr. Riggs stated that there is a regional manager for a certain area; also,
they will have their own staff on location. Mr. Riggs stated that they will use
some of the staff of the other developments, but the majority will be new staff,
assigned only at this location. Additionally it was stated that as part of the
financing, there is a $300 replacement reserve per unit, and there will be
recycling of appliances by the State and HUD.
Mr. Langille made a motion to approval of Annexation Plan Resolution C2013-05-01A and Annexation Resolution C2013-05-02A to the Mayor and
Commissioners, as submitted. Mr. Dobbins seconded and the motion was
approved by all.
The Mayor and Commissioners will conduct a public hearing, regarding
the Annexation Resolution, C2013-05-02-A and the Annexation Plan
Resolution, C2013-05-01-A at their June 26, 2013 meeting.
-REPORTSNone.
-MISCELLANEOUSChairman Morgan wanted to publicly thank Mrs. Vennell for all of her
research and assistance in creating the Wine Tasting Room ordinance. Mrs.
Behnke offered her assistance if there is anything further needed concerning
the Wine Tasting room.
-LIBRARYMrs. Cook-MacKenzie reported the Town has been in discussion with
the Library concerning a potential site at the North East Station. Mrs. CookMacKenzie stated that the discussions are going well, however, proposed
parking amendments are in order. In 2006, parking was one of the items
looked at when the North East Zoning Ordinance was revised. Chairman
Morgan commented that the library would not build a library that does not have
Approved July 1, 2013
enough parking. Mrs. Vennell stated the “big box” use came into effect with
Lowe’s and she stated that they still do not fill all of the parking spaces. Mrs.
Cook-MacKenzie compared this project with Chesapeake City in which the
library shares parking with other uses in the shopping center. It was also
noted that the library in Randallstown is similar in nature where parking is
specific, but also has general parking available. Mr. Langille stated his belief
that the library should stay on the South side of Route 40. Mrs. CookMacKenzie stated that this is the fourth library site in North East and this
sounds as if it is a good compromise. Mr. Dobbins asked about the bridge
construction and Mrs. Cook-MacKenzie stated that it would have no impact on
a proposed library. Mr. Langille and Chairman Morgan stated that they both
appreciate the Elkton and Perryville libraries and how they are beautiful and
are run wonderfully with programs for children.
-“RM-C” District Regulation – (Multi-Family Residential District)Mrs. Vennell stated that the “RM-C” District specifies where existing
residential developments in the County are already taking place. Mrs. Vennell
stated that in conjunction with the Annexation of the Riverwoods at North East
property and the knowledge that the Planning Commission prefers not to
consider annexation of property already constructed with County Regulations,
the regulations have been amended to provide for residential units on the Route
40/Route 272 corridor. Mrs. Vennell stated that the Planning Commission
would be sent a copy of the amendment for consideration during a Public
Hearing at their July 1, 2013 meeting.
Mrs. Vennell stated that the draft
language also keeps the Stoney Run Apartments in a conforming situation.
Darryl Hamilton, Chief of Police: Chairman Morgan ask Chief Hamilton if there
is something that the Planning Commission can do to make the community at
large, better. Chief Hamilton stated that he appreciates this question, to the
representatives of Riverwoods at North East, about their maintenance plans
beyond the 15 year commitment.
Another apartment that has had problems was Cedar Hill Apartments, now
North Bay Apartments. Mrs. Cook-MacKenzie stated that just changing the
name is just one item, but also the street names being changed could be
beneficial in giving this area a better prospective.
Chief Hamilton stated that the police department started a relationship
years ago with landlords who can converse and correspond with the police
department about potential renters. In addition, a neighborhood watch had
been underway at Stoney Run Apartments and their management office
communicates weekly with the officer assigned to the neighborhood.
Chairman Morgan asked about youth recreation. Chief Hamilton stated
that there are programs for younger children, but young adults 18-22 are a
problem. Chief Hamilton explained that he asked the schools about starting a
Police Athletic League and was turned down due to liability issues and the need
for a janitor on location during the time. The Chief stated that he continues to
do research about opening the schools. Chief Hamilton also spoke about all of
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the involvement that the North East Police department proactively does in this
Town.
-NEXT MEETINGThe next meeting has been scheduled for July 1, 2013.
-ADJOURNMENTWith no further discussion, Mr. Langille made a motion to adjourn. Mr.
Dobbins seconded and was approved by all. The meeting was adjourned at
9:40 p.m.
Respectfully submitted:
Attest:
__________________________________
Bill Weisel
Planning and Zoning Assistant
________________________________
Brian Morgan
Chairman
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