204 Washington Ave Suite 200 SCOTT La Plata, MD 20646 PHONE (301) 870-5355 LAW GROUP LLC FAX (301) 870-6471 Stephen H. Scott [email protected] ATTORNEY AT LAW
HAND DELIVERED
March 3,2016
Board of Appeals for the Town of La Plata c/o Danielle Mandley Clerk to the Town of La Plata 305 Queen Anne Street La Plata, Maryland 20646
Re: Case Number: CY 15-OlSE
Dear Board of Appeals:
This letter is intended to supplement the Petition, exhibits and other submissions of the applicant in these proceedings.
Following the public hearing held before the Board of Appeals in this case on August 3, 2015, the Board of Appeals issued an Order dated August 10, 2015. In this Order, the Board of Appeals approved the special exception application, subject to two conditions:
1. That the restaurant be developed, established and maintained substantially in accordance with the site plan (revised June 30, 2015) presented by the applicant in these proceedings. The final site plan for the project, as approved by the Planning Commission and by the Design Review Board, is attached hereto, and made a part hereof, as EXHIBIT A. As you can see, this site plan is substantially in accordance with the site plan submitted in these proceedings with such refinements as have been required by the Planning Commission and the Design Review Board.
2. That vehicular access between the site and Maryland Route 6 be limited to ingress only from eastbound Route 6, by means of a channelized "right turn only" point of entry designed to preclude left turn entry from westbound Route 6 and egress from the site to Maryland Route 6. Further, that the Petitioner install appropriate signage on the site prohibiting exiting from the site onto Route 6, and directing vehicles to exit onto southbound U.S. Route 301. These are also conditions which were required for this project by the Planning Commission and by the Design Review Board. Accordingly, once again, please refer to the site plan attached hereto, and made a part hereof, as EXHIBIT A, which establishes compliance with this condition.
In addition to the above, the Planning Commission required the following conditions in connection with the final site plan approval for this project: Board of Appeals for the Town of La Plata c/o Danielle Mandley, Clerk to the Town of La Plata March 3, 2016 Re: Case Number: CY 15-OlSE Page 2
1. That State Highway Administration approval be obtained for the final site development plan. In this respect, please refer to the letter from the Maryland State Highway Administration dated May 11, 2015, attached hereto, and made a part hereof, as EXHIBIT B. Please also see the email from SHA attached hereto, and made a part hereof as, EXHIBIT C.
2. That a boundary line adjustment plat be recorded to consolidate the property into one contiguous lot. Please see the plat entitled "Lot 500-8, Boundary Line Adjustment Plat, Argyle", as recorded among the Land Records of Charles County, Maryland, in Plat Book 60, at Folio 48, attached hereto, and made a part hereof, as EXHIBIT D. 3. That a sewer easement agreement be entered Into with the church parcel to the west of the site to move the sewer line serving the church and to provide a permanent sewer easement to the church or to the Town for the relocated church sewer line. The applicant has reached a final agreement with the church for the relocation of its sewer line across the site and for the grant to the Town of La Plata of a permanent sewer easement across the site where the sewer line is to be relocated. The sewer easement agreement with the church is in the process of being signed (Town Staff has been provided with a copy). In addition, the dedication package for the sewer line easement and sewer dedication to the Town of La Plata are currently being reviewed by the Planning Staff. Please let know if you have any questions with respect to this supplemental submission or the attachments hereto.
k you fOT your assistance in this matter.
Steph^ Hf^cott SHS/k< Enclosures
Ltr - Board of Appeals for the Town of La Plata • Danielle Mandley (Case Number CY 15-01SE - SOMAR Special Exception) LWOS N/T JBC fierML LiC w- UKR S794 FOUO SS2
cn> II. ptfca- 3 eCMiC c- use COHWCPCWl IMQS N/F SMOPPHC CtNIER 13 UMTQ irtl>«(KI CURCR >NC UMTS N/F SEIMffCCA OF lOT t. MCnf iH Uhn^ NCTNOOSI CUflCH. HC MO. 2 FOtO AS OE MCiU leCR IM rouo 27f it • ' • fO. 2 FCUO 46 UAR i>3. CA0I1 Pitman rt« UKR 1S6 nXJO 279 ZCMMC C-R UU CFUaCH UX HAP: ti2. caoH MRC£L29 2IMNC. C-K lAC: OUCH Miiii •7®?»V tfS*
'0000'/n)
.Vri*
O Jl O r
S.00*
UND^ H/f MT. lie or LOT 10 1 MCnf 6V. NO 2 PC
'iOOSO (m^O) cwjoot LEGEND "".SI>ECIAI. -WMW 0/r EXCEPTION O0«/i2U PLAN
INf<
6«A$ CRMH Hy/f.CH*RL£S CRAIN H (JHWAY U.S. RTE. 301 CO.. lA PLATA. AC 20646 r/a MAP 1 \2. BLOCK 11 R£MAJ?CCR Of LOTS 66 9 1ST ELECTION ClSTRTCT k I g] BOHLER
M.K. JONES
EXISTING CONDITIONS PLAN H CD NOT 1-ilR C ONSTRI'ITION; Z .saiQqB) OHK H/r JSC LWU ACtAIL UC 6794 FOLIO U? TU IMP: 112 CnO. i\. PJMCL; 2 2QNNC; C USL COMRCMl LWS NA SHtffW: CSNltA UWtD MnnOC^t CURCH. NC LANDS HA RIVMNOCR or L01 &, tficni UKTIO Mn^tfOIST CU4CH, MC pa TfiJJ. NO 2 FAD 4« LOT 6. tfcrts USER 1S6 rOjO 279 P£ 19 K NO. ? FAC 49 W: 11?. CWIl, PARCC129 1)6 FAQ 279 Torno C-H. uSL CMiRCH TAX IMP 112. AiOtn, PARCU:29 20m: C-H. USE: CHUfiCH 00l'79 imsen- (y) CHS'HWH'M'Z ct^ta iw/r/j>>v 5ap' emrrrataMiTr LWOS HA Am. UC PAArr or id 10 i AROflE PA T^JJ. NO. ? PC 4B irSCR 3639 POUQ 31 TU HAP: ri? CQO: 17. PARCEL 26 I90tk C- USE XlTCl kOOAinuU'i onicTrcACLaMn SPIiCIAL TMD-'» (a) nxcEiniON PI AN »s^tf25r ... CRMN HlUmVAY - U.S. RTE.301 / mBOHLER UDftaoA/»rf/'fl itamrrntmrv timavTTraimnsa M. K. JONES AOllXM ' }^m r.ixuv MLTCSSAMi.fKOsJfa SITH PLAN NOT l ent CONSTKL'r ION SITKri-\N ISi'OK I'Kla.lMlNARV sn r- RMVIkW OVLV EXHIBIT SMA 1 logaii, Oiiviitvar IJoyd UulJicrlbnl, Li. Govmior Statel-Mway lH;ic K Kiihii, SccwWiO' AdiniflitlrallmO v Ulijlud UavartsMnl al TnaafDiiMlRi May 11, 2015 RE: Charles County US 301 Sonic Restaurant(La Plata, US 301) SHA Tracking No. 15APCH002XX Traffic Impact Study Mile Point 14.81 Mr. Mike Lenhart Lenhart Traffic Consulting, Inc. 331 Redwood Grove Court Millersville, Maryland 21108 Dear Mr. Lenhart: Thank you for the opportunity to review the Traffic Impact Study (TIS) prepared by Lenhart Traffic Consulting, Inc., dated January 29, 2015, for the Sonic Restaurant (La Plata, US 301) development in Charles County, Maryland. The State Highway Administration (SHA) review is complete and we are pleased to respond. The review determined the major report findings and the SHA comments and conclusions as follows: • Access to the 2,308 square foot Sonic restaurant with a drive-thru developments is proposed via the existing one (1)full movement access to MD 6 and one (1) right-ln/right- out movement site access to southbound US 301. • The study analyzed the following intersections under existing, background and future conditions: o US 301 intersection with MD 6 o MD 6 intersection with Site Access o US 301 intersection with Site Access • The report concludes that the study intersections will continue to operate at acceptable levels of service under future conditions. • The developer will restrict left turns in and out of the MD 6 access point through the installation of" No Left Turn" signs entering and exiting the site access point. 410-545-8800 or 1-888-228-6971 My telephone number/toll-free number Is MarylandHeUw Seniitti for IiiipnivMl Hearing or Spm-h 1.800.735.2258 Statewide loll h rco 707 North Calverl Street • Baltiniore. Maiyland 21202 • P/johp 410.545.0300 • www.rottd8.inaryland.gov Mr. Mike Lenhart 13APCH042XX Page No. 2 May 11. 2015 Based on the information provided, the SHA has the following comments: 1. For the consultant's response # 2, the SHA's concerns are focused on the safety issues that exist due to the access point falls within the functional area of the intersection creating unnecessary merging and weaving movements that would be exacerbated by an increase in site traffic. Consolidation of access points in cooperation with the adjacent property owner would be supported under best management practices for access managernent, improve safety, and be consistent with county and SHA's long term plans to consolidate access points along the US 301 corridor. The SHA defers to Charles County. 2. For the consultant's response # 3. the left turns in and out of the MD 6 access point should be restricted by the addition of raised curbs in addition to the proposed signing. The construction must meet all SHA requirements, policies, and guidelines including any ADA work on the adjacent sidewalks. 3. For the consultant's response # 4, the SHA has not yet performed the engineering alternatives analysis to select the preferred option for the planned US 301 improvements. SHA's comment was meant to inform the applicant of potential future roadwork that could affect the property and avert unnecessary impacts to the site. The SHA concurs with the report findings for this project as currently proposed and will not require the submission of any additional traffic analyses. However, an access permit will be required for all construction within the SHA right of way. Please submit seven (7) hard copies and one (1) electronic copy of design plans and a point-by-poInt response addressing the above comments to the SHA Access Management Division addressed to Mr. Brian M. Romanowski. This plan submittal must include a signing and pavement-marking plan. Please reference the SHA Tracking Number on future submissions. Unless specifically indicated in the SHA response on this report, the comments contained herewith do not supersede previous comments rnade on this development. Please note that if this project has not obtained the SHA access permit and begun construction of improvements within five (6) years of this approval an updated analysis must be resubmitted for SHA review and concurrence that the proposed improvements continue to mitigate the development's traffic impacts prior to an extension of the approval. If you have questions or comments regarding the enclosed traffic review, please contact Mr. Solomon Bekele at 410-545-8869 or [email protected]. Sincj^ely, ffTanMTRomanowski, Chief Access Management Division SDF/sb cc: Mr. Solomon Bekele, SHA AMD Mr. Pranoy Choudhury, SHA AMD Ms. Rola Daher, SHA DSED Mr, Mike Lenhart 13APCH042XX Page No. 3 May 11,2015 Ms. Theresa Dent, Town of LaPlata ([email protected]) Mr. Roy Gothie, SHA RiPD Mr. Jason Groth, Charles County Department of Planning & Growth Management Mr. Derek Gunn, SHA DSED Mr. Greg Phillips, District 6 Traffic Mr. Tony Puleo, Charles County Department of Planning & Growth Management Mr. Steve Rochon, SHA TDSD Ms. Tina Saxon, SHA RIPD Ms. Lisa Shemer, SHA DSED Mr. Lee Starkloff, District 5 Traffic Mr. Errol Stoute, SHA TDSD Mr. Bill Stroud, SHA CPD Ms. Kim Tran, District 5 Traffic EXHIBIT Steve Scott u Erich Florence Mr. Maynard, SHA has no objection to the configuration of the Right-In on MD 6 and the Right-In/Right-Out onto US 301. Erich From: John Maynard [email protected]] Sent: Thursday, September 10, 2015 3:54 PM To: Frank Brown Cc: Erich Florence; Jeanine Harrington ([email protected]); Eric A Bailey LEED AP BD+C; Rick Bailey; [email protected]; 'Biel, Howard'([email protected]); Matthew Jones; [email protected] Subject: 15APCH002XX - Sonic La Plata - Next Steps Mr. Brown - Thank you for sending the draft comments for the above referenced project. The Town's Intention in sending you the plans was for site plan (i.e. layout/zoning) review only - Please provide confirmation to Jeanine H (Town LaPlata, cc'd) that the configuration of Right In (MD 6)and Right In/Out(MD 301) will be acceptable to SHA. The Town's Boards conditioned approvals upon receipt of such confirmation. For the Development Team's information please provide Access Permit direction - will this be a full-blown Access Permit or the smaller District Permit (similar to the closing of an entrance at Sonic Waldorf(Permit attached))? Whichever process, we will incorporate your comments into our Technical Plans and provide Comment Responses with our next submittal to your Office. Thank you - Maynard, PE M.ASCE M 301.219.9270 0 301.809.4500 Ext 1816 From: Frank Brown [mailto;[email protected]] Sent: Thursday, September 10,2015 15:35 To: John Maynard ^„«»!0W3»»C»iaM wiHoaSI o*oa ooovaoiiaod sew onvivwigma . MOtiaBHS 9»K osisnsnv-mya anvas uaNMO 3nA0^V i/t^x '')/ C^cjy :(HAoa HO3N0Z W'OdZONWfflffd H03NOZ 31A9W ' wonoajoNwi'B'd si/si/to OUOIdOiWd aiAoay asjmjt SfcUUl >M.ie.lO.J8s" 9101 •saiqoBi 3HlNOXN3S3«dS3«monmSO«««o.«».UONON3«V3«3^a''-'^2 ^ ^ 3WnDSSS8Y»A80iK*HH|S??S^lii^!S.f^^ ^aoiSMIAUOdOUd ■OV606'0aoJS8Z9'68 ajjanuseoBn AVMH0IH NIVaO S899 § iiitmnHs -ounmnstj si/SiAo 1 8-008 iOl J3smj(r^ Vividvi 3ma uvnOTA «0^i 31*38 HO3N0Z dVMAlINIDIA 9»onodi'ON*ra'xia-d aiAONV 3kiHiwoi tsridwoa leaaaSw iS^S?iJ2IISS^lS2?''''**^ •"*> =»isaa 90iS0MWI3il "iMsissssSSiEHS rjanNbtjoaiSd^NicrtrS^ -ssn SHNOWNro ■■ .SIXS^QHO 3.Z9.l9.91N=aH0 f onuK» aan .91'8S=1 ^ SV^f^^OVM ■JMfesaiBusjmms .81..6Z.100=V AHioaoo do itoAVd VHiavw oiaudna .e9'19Z2=y 9ni8«0dd38Od«nd1*.0«3«^,^™S COnOd J.V ZMQ >ncin ui vim . . ciAi/so 59"2St=aH0 jxmx- 3.10.t'l.8SS=aHO '/W.6&ez.2lN • 3rw 4.nani>iu(9SV -.99X11=1 stAtM NO oaoaooaa owzioz •« MaewaoOToaTw^^.^tS^^®'' •" aaweoaa .901)9.669=7 AVM-*)-lH9fflH10UA318»RWA dOiu3N38 3W, iiod •aaisnai sv iHNowioo iOO'OOI.=a •gia aw - avoa ooovaoi iHOd ON^v-oiiViirwnaniawoSjIS'S^^giS^^ "AiaSdOWd 3Hl ONUMddVSAVM-dO-lHaiM Mn e.cnu;^Iif!!S2H'!2"l<®!'® Aa3tl3H'