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Stephen H. Scott Sscott@Scottlawllc.Com You Can 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 <w»*«/;ymwwn V*w/nD«rvti 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.
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