STANDARD APPUCA11ON Harford County I Board ofAppeals

Case No.

Infomiatlon to be Submitted with Application1. A plot plan drawn to scale Indicating all pertinent data.2. A list of all adjoining property owners with mailing addresses.3. Names and addresses of all persons havIng legal or equitable

Interest In the property.4. All required supporting documentation or additional studIes

as may be required; including bafflc and environmentalstudies, etc.

All applicants MUST schedule a pre-applicatlon meeting withthe Department of Planning and Zoningp~rjo filing anyapplication to the Board of Appeals.

To schedule please call 410-638-3119.

Owner(please print ortype)

Address

Address

StreetMwrber

StreetNumber

Zip Code

lip Code

Contract Purchaser.~ Phone Number

AddressSb’eet Number Street Ci(y State lip code

Robert S. Lynch, EsquireElizabeth H. Thompson, Esquire 410-879-2222Attorney/Representative_____________________________________ Phone Number_________________________

Stark and Keenan, P.A., 30 Office Street, Bel Air, MD 21014AddressStreetNumber Street City State lip Code

STANDARD APPUCA11ON

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Name Robert and Helen Ford5348 Norrisvile Road, White Hall, MD 21161

Phone Number Call Attorney

Keith Marvin FordCo-Applicant_________________5454 Norrisville Road, White Hall, MD 21161

Phone Number 1orney

Rev. 7/10

Land Description

Address and Location of Property 5454 Norrisville Road, White Hall, MD 21161

Subdivision ___________________________________________________________ Lot Number___________________

Acreage/Lot Size 1.94 acres Election District 04 Zoning_AG Tax ID # 04-020715

Tax Map No. 2 Grid No. 4A Parcel ____________ Water/Sewer~ Private ________ Public_______

List ALL structures on property and current use: Single-family residential dwelling and three (3) sheds

Estimated time required to present case: 2 hours

If this Appeal is in reference to a Building Pennit, state number____________________________________________________

Would approval of this petition violate the covenants and restrictions for your property? Yes_____ No 1Is this property located within the County’s Chesapeake Bay Critical Area? Yes______ No ______

If so, what is the Critical Area Land Use designations:__________________________________________________________

Is this request the result of a zoning enforcement investigation? Yes______ No ______

Is this request within one (1) mile of any Incorporated town limits? Yes _____ No 1

RequestSee attached.

JustificationSee attached

Ifadditional space is needed, attach sheet to application. In answering the above questions, please refer to the Requirements that pertain to the~pe ofapproval request (SpecialException, Variance, CriticalArea orNaturalResource District (NRI)) Variance, etc.)

2

ATTACHMENT TO BOARD OF APPEALS APPLICATIONApplicant: Keith Marvin Ford

Property: 5454 Norrisville Road, White Hall, MD 21161

Special Exception Pursuant toSection 267-88(D)(2) of the Harford County Zoning Code

Motor Vehicle Repair Shop in the AG District

Request:

Applicant seeks a Special Exception pursuant to Section 267-88(D)(2) ofthe HarfordCounty Zoning Code to permit a motor vehicle repair shop in the AG District.

Justification:

The subject property contains 5.869 acres, more or less, pursuant to a modernboundary survey prepared by Highland Survey Associates. Applicant conducts a paintingoperation both on and offthe site, which includes the painting ofequipment and machinery.A Type “C” buffer, pursuant to Section 267-30 is provided for along the adjacent road right-of-way. Vehicles which are painted are not stored on the property for more than 90 calendardays. The fumes, odors and noise from the vehicle-related work is minimized because allsuch work is conducted inside a closed structure. This use is conducted by Mr. Ford, whois a resident ofthe subject property. There is no outside lighting associated with this businessuse on the property. The parking and storage areas are paved and clearly delineated.

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BARRY GLAssMANHARFORD COUNTY EXECUTIVE

BILLY B0NIFAcEDIRECTOR OF ADMINISTRATION

April 19, 2016

STAFF REPORT

BOARD OF APPEALS CASE NO. 5859

BRADLEY F. KILLIANDIRECTOR OF PLANNING & ZONING

APPLICANT/OWNER:

CO-APPLICANT:

ATTORNEY:

LOCATION:

ACREAGE:

Robert and Helen Ford5348 Norrisville Road, White Hall, MD 21161

Keith M. Ford5454 Norrisville Road, White Hall, MD 21161

Robert S. Lynch, EsquireElizabeth H. Thompson, EsquireStark and Keenan, P.A. 30 Office Street, Bel Air, MD 21014

5454 Norrisville RoadTax Map: 2/Grid: 4A/Parcel:4Election District: Fourth (4th)

1 .94+/- Acres(5.869 acres proposed)

ZONING:

DATE FILED:

HEARING DATE:

AG/Agricultural

November 4, 2015

May 11, 2016

APPLICANTS’ REQUEST and JUSTIFICATION:

See Attachment 1.

CODE REQUIREMENTS:

The Applicants are requesting a Special Exception pursuant to Section 267-88D(2) of theHarford County Code to permit a motor vehicle repair shop in the AG/Agricultural District.

Maryland’s New Center Of Opportunity410.638.3103 f 410.879.2000 TTY Maryland Relay 711 www.harfordcountymd.gov

220 South Main Street, Bel Air Maryland 21014

Kt~Ut~1VbDHARFORD COUNTY COUNCIL.

APR 21 2016

ZONING BOARD OF APPEALS.HARFORD COUNT~~ MD

THIS DOCUMENT IS AVAILABLE IN ALTERNATIVE FORMAT UPON REQUEST

STAFF REPORTBoard of Appeals Case Number 5859Robert and Helen Ford,Keith M. FordPage 2 of 8

Section 267-88D(2) of the Harford County Code reads:

(2) Motor vehicle repair shops. These uses may be granted in the AG and B1 districts,provided that:

(a) A type “C” buffer, pursuant to Section 267-30 (Buffer Yards), shall beprovided along any adjacent road right-of-way or adjacent residential lot.

(b) Outdoor storage shall be prohibited

(c) Vehicles, except those used in the operation of the business, may not be storedon the propertyfor more than 90 calendar days.

(d) The rental or storage oftrailers, boats and trucks shall be prohibited.

(e) The fumes, odors and noise from the vehicle-related work shall be minimized.

~‘J) A minimum parcel area of 5 acres in the AG district and 1 acre in the B]district is required.

(g) In the AG district; the use shall be operated by the resident ofthe property.

(h) Lighting shall be designed and controlled so that any light shall be shaded,shielded or directed so that the light intensity or brightness does not adverselyaffect the operation ofvehicles or reflect into residential lots or buildings.

(i) All parking and storage areas must be clearly delineated and constructed ofastabilized surface.

Section 267-91 of the Harford County Code will be discussed in detail later in the report.

LAND USE and ZONING ANALYSIS:

Land Use — Master Plan:

The Applicants’ property is located on the west side of Norrisville Road, approximately 1,500-feet south of the Pennsylvania state line. Enclosed with the report are copies of a location mapand the Applicants’ site plan (Attachments 2 and 3).


The subject property is located outside of the Development Envelope. The predominant land usedesignation in this area of the County is Agricultural. The Natural Features Map reflectsAgricultural Preservation Easements and Districts, Stream Systems and Sensitive Species ProjectReview Areas (SSPRA). The subject property is designated as Agricultural, which is defined bythe 2012 Master Plan as:

Agricultural — Areas where agriculture is the primary land use, but wheredevelopment rights are available. Residential development is possible at adensity of 1.0 dwelling unit for every 10 acres. Commercial uses within this areaare intended to serve the agriculture industry or residents of the area whilemaintaining the character ofthe surrounding countryside.

Enclosed with the report are copies of the Norrisville Community Area portion of the 2012 LandUse Map and the Natural Features Map (Attachments 4 and 5).

Land Use — Existing:

The existing land uses generally conform to the overall intent of the 2012 Master Plan. Thepredominant land uses in this area of the County are agriculture and single-family residentialdwellings. Commercial uses in the vicinity of the subject property include a motor vehicle repairshop and a convenience store with gas pumps. Institutional uses include a library, schools,churches and County parks.

The subject property is an irregularly shaped parcel that is 1.94+!- acres in size withapproximately 160-feet of frontage along Norrisville Road (MD Route 23). The property isimproved with a single-family dwelling and two structures that are used for commercial uses. Ashed that is used for a motor vehicle repair business is located to the rear of the dwelling. Theshed appears to have been constructed prior to 1964. The northeast corner of the existing shed islocated 4.9-feet from the property line.

A 30-foot by 100-foot pole building that is used for a commercial painting business is located onthe west side of the subject property. The pole building was constructed in 1999 without thebenefit of a building permit. The pole building is located 10.4-feet from the property line. Agravel parking/storage area that is approximately 3,700-square feet in size is located to the southof the pole building.

The majority of the subject property consists of maintained lawn and landscaped areas, withscattered mature trees throughout. The topography of the subject property is moderately slopingfrom the east to the west. The topography becomes steeper towards the west side of theproperty. Enclosed with the report are a topography map, aerial photograph, and sitephotographs (Attachments 6, 7 and 8A-J).


Zoning Enforcement:

A complaint was filed with the Department of Planning and Zoning in March of 2014 regardinga painting business operating from the subject property. An initial inspection of the subjectproperty found a commercial painting business operating from the pole building. During asubsequent meeting with representatives from the Department of Planning and Zoning, theApplicants also stated that they operate a motor vehicle painting business from the subjectproperty in addition to the commercial painting business, which involves the painting ofstructures offsite. During a review of the case, the Department found that there were no permitsissued for the shed or pole building and neither structure met the required 40-foot side yardsetback. The Applicants subsequently submitted an application for approval of a SpecialException to allow a motor vehicle repair use (Case No. 5859)

The Applicants submitted separate applications for approval of a Special Exception to allow aallow a construction service use (Case No. 5858), and an application for a variance to allow theshed and pole buildings within the required 40-foot side yard setback (Case No. 5857)concurrently with this case. The applications were submitted to the Department of Planning andZoning on November 4, 2015.

Zoning:

The zoning classifications in this area of the County are generally consistent with the 2012Master Plan as well as the existing land uses. The predominant zoning classification in this areais AG/Agricultural. Commercial zoning in the area includes VR/Village Residential District andVB/Village Business District, which are found to the southeast of the subject property within theRural Village of Norrisville. The subject property is zoned AG/Agricultural District as shown onthe enclosed zoning map (Attachment 9).

SUMMARY:

The Applicants are requesting a Special Exception pursuant to Section 267-88D(2) of theHarford County Code to permit a motor vehicle repair shop in the AG/Agricultural District.

Section 267-88D(2):

(2) Motor vehicle repair shops. These uses may be granted in the AG and Bidistricts, provided that:

The subject property is zoned AG/Agricultural District.

(a) A type “C” buffer, pursuant to Section 267-30 (Buffer Yards), shall beprovided along any adjacent road right-of-way or adjacent residential lot.


The Applicants shall comply with this subsection and submit a detailed landscaping plan at thetime of Site Plan review through the Development Advisory Committee. The buffer must beprovided along the entire road frontage of Norrisville Road.

(b) Outdoor storage shall be prohibited

The Applicants shall comply with this subsection.

(c) Vehicles, except those used in the operation of the business, may not bestored on the propertyfor more than 90 calendar days.

The Applicant shall comply with this subsection.

(d) The rental or storage oftrailers, boats and trucks shall be prohibited

Not applicable to this request.

(e) The fumes, odors and noise from the vehicles-related work shall beminimized

The Applicants shall comply with all applicable State and Federal requirements regarding odorsand emissions associated with the painting of motor vehicles.

U) A minimum parcel area of5 acres in the AG district and 1 acre in the B]district is required

The subject property is currently 1.94+!- acres in size; however, the Applicants are proposing toreconfigure the subject property and increase the overall acreage from 1.94+!- acres to 5.87+!-acres. The Applicants propose to reconfigure the subject parcel with other parcels owned by theFord family that are located to the south of the subject property.

(g) In the AG district, the use shall be operated by the resident of theproperty.


(Ii) Lighting shall be designed and controlled so that any light shall beshaded, shielded or directed so that the light intensity or brightness doesnot adversely affect the operation ofvehicles or reflect into residential lotsor buildings.



(i) All parking and storage areas must be clearly delineated and constructedofa stabilized surface.


Section 267-91:

(1) The number ofpersons living or working in the immediate area.

The proposed use will not adversely impact persons living or working in the immediate area.

(2) Traffic conditions, including facilities for pedestrians and cyclist, such assidewalks and parking facilities, the access of vehicles to roads; peak periods oftraffic, and proposed roads, but only ~fconstruction ofsuch roads will commencewithin the reasonablyforeseeable future.

The subject property is located on the west side of Norrisville Road which is designated as aminor rural arterial road. The Applicants’ proposed use does not generate a significant amountof traffic and should not have an adverse impact on traffic in the area. There is limited customertraffic to the site.

(3) The orderly growth of the neighborhood and community and the fiscal impact onthe County.

Motor vehicle repair shops are permitted within the AG/Agricultural District as a SpecialException. The use as proposed will not impact the orderly growth of the neighborhood.

(4) The effect of odors, dust, gas, smoke, fumes, vibration, glare and noise upon theuse ofsurrounding properties.

The Applicants shall comply with all applicable State and Federal requirements regarding odorsand emissions associated with the painting of motor vehicles.

(5) Facilities for police, fire protection, sewerage, water, trash and garbagecollection and disposal and the ability of the County or persons to supply suchservices.

Police protection will be provided by the Sheriff’s Department and the Maryland State Police.Fire and emergency protection will be provided by the local volunteer fire and EMS service.The property will be served by a private onsite well and septic system. Trash and garbagecollection will be the responsibility of the property owner.


(6) The degree to which the development is consistent with generally acceptedengineering andplanning principles andpractices.

The proposed use is consistent with generally accepted planning practices.

(7) The structures in the vicinity, such as schools, houses of worship, theaters,hospitals and similar places ofpublic use.

The proposed use should not have any impact on uses listed in this section.

(8) The purposes set forth in this Part 1, the Master Plan and related studies for landuse, roads, parks, schools, sewers, water, population, recreation and the like.

The request is consistent with the 2012 Land Use Plan.

(9) The environmental impact~, the effect on sensitive natural features andopportunities for recreation and open space.

There are no environmentally sensitive features located on the subject property.

(10) The preservation ofcultural and historic landmarks.

Not applicable to this request.

RECOMMENDATION and or SUGGESTED CONDITIONS:

The Department of Planning and Zoning recommends that the Special Exception be approvedsubject to the following conditions:

1. The Applicants shall submit a preliminary plan to reconfigure the subject property so thatit meets the minimum parcel size of five acres for motor vehicle repair shop in theAG/Agricultural district.

2. A site plan shall be submitted for review and approval through the DevelopmentAdvisory Committee (DAC).

3. A detailed landscaping plan shall be submitted for review and approval. The landscapingplan shall include the required Type ‘C’ buffer yard.

4. Outdoor storage shall be prohibited for the use.

5. The approval shall be limited to the Applicant and Co-Applicant. The use must beoperated by the resident of the property.


6. The Applicants shall obtain all applicable permits and inspections for all structures usedin connection with the businesses.

7. No expansion of the existing structures or storage areas shall be permitted withoutapproval by the Board of Appeals.

8. All vehicles and equipment used in connection with the businesses shall be stored withinthe existing storage areas or buildings.

9. Permits are required for all proposed signage. All signage shall conform to the SignCode and be located outside the right-of-way for Norrisville Road.

10. Exterior lighting must be directed away from residential properties or buildings.

11. Vehicles to be repaired may not be stored on the property for more than 90 calendar days.

F -—

Eric L. Vacek, APA ~ cClune, AICPPlanner Chief, Current Planning

EV/ASM/jf

STANDARD APPUCA11ON Harford County I Board ofAppeals

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