MD - Prince George's: Sitting as the District Council

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Sitting as the District Council

Monday, February 12, 2018 10:00 AM

Prince George's County Council County Administration Building

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14741 Governor Oden Bowie Drive Upper Marlboro, Maryland

20772-3050

Council Hearing Room

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Sitting as the District Council

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Dannielle M. Glaros, District 3, Chair Derrick Leon Davis, District 6

Mel Franklin, District 9 Andrea C. Harrison, District 5

Mary A. Lehman, District 1 Obie Patterson, District 8 Deni L. Taveras, District 2 Karen R. Toles, District 7

Todd M.Turner, District 4, Vice Chair

Robert J. Williams, Jr., Council Administrator

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Zoning Agenda - Final

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(9:30 AM Agenda Briefing Rm 2027)

February 12, 2018Sitting as the District Council

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RULES OF COURTESY

You are now participating in the process of representative government. We welcome your interest and hope you will attend Prince George's County

District Council meetings often. Good government depends on the interest and involvement of you and your fellow citizens. All District Council Sessions are public meetings, however, a part of the meeting may be conducted in closed session.
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To insure fair and orderly meetings, the District Council has adopted rules which apply to all members of the Council, administrative staff, news

media, citizens and visitors which provide that no one may delay or interrupt the proceedings or refuse to obey the orders of the presiding officer. No posters or placards may be brought into the hearing room, nor any food and drink. Citizens are admitted up to the Fire Safety capacity only.
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ORAL ARGUMENT HEARINGS Testimony at Oral Argument Hearings is limited to thirty (30) minutes for each side, including questions from the Council

Members, unless extended by the Chairman of the Council. Persons wishing to give oral argument on a specific case should sign the forms provided in the front of the hearing room. Testimony at Oral Argument Hearings must be based on the record, and no new evidence will be permitted. Only persons of record may testify.
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EVIDENTIARY HEARINGS A verbatim transcript is prepared for all Evidentiary Hearings. Testimony and evidence are presented and exhibits introduced.

Transcripts of these hearings along with any exhibits, constitute the record in the case.
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ORDER OF PRESENTATION AT HEARINGS 1. Orientation by the Planning Staff or appropriate staff person 2. Testimony from the side requesting the hearing

3. Testimony from the side favoring the decision 4. Comments by the People's Zoning Counsel 5. Five (5) minute rebuttal from the side requesting hearing 6. Five (5) minute rebuttal from the side favoring decision
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PARTICIPATION IN ZONING MEETINGS Meetings of the District Council are formal proceedings and are recorded. If you are eligible to participate,

register with the Clerk, and when called by the presiding officer, follow the following steps: 1. Come forward to the speaker's podium and state your name and address for the record. 2. Present comments as succinctly as possible. 3. Confine remarks to information contained in the record, except for Evidentiary Hearings. 4. Observe time limitations as directed by the presiding officer. 5. Give any written statements to the Clerk of the Council
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In accordance with ADA Requirements, accommodations for hearing impaired, disabled persons and visually impaired can be provided upon reasonable

notice to the Clerk of the Council. Sign language interpreters are available with advance notice by calling 301-952-3600. In the event of inclement weather, please call 301-952-4810 to confirm the status of County Business.
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FOR LIVE STREAMING AND VIDEO VISIT OUR WEBSITE AT: http://pgccouncil.us

PLEASE SILENCE ALL CELLULAR PHONES WHILE IN THE HEARING ROOM.

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February 12, 2018Sitting as the District Council

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9:30 AM AGENDA BRIEFING - (ROOM 2027)

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10:00 AM CALL TO ORDER - (COUNCIL HEARING ROOM)

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INVOCATION

Ms. Pleshette Monroe, County Employee

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PLEDGE OF ALLEGIANCE

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APPROVAL OF DISTRICT COUNCIL MINUTES

MINDC 01222018 District Council Minutes dated January 22, 2018

1-22-2018 District Council Minutes DRAFTAttachment(s):

MINDC 01302018 District Council Minutes dated January 30, 2018

1-30-2018 District Council Minutes DRAFTAttachment(s):

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February 12, 2018Sitting as the District Council

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ORAL ARGUMENTS

SE-4794 Uptown Suites; Lanham Applicant(s): Connor Gaskin Unlimited, LLC. Location: Located on the southeast side of Willowdale Road, approximately

1000
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feet east of its intersection with Forbes Boulevard (3.01 Acres; I-2 Zone)

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Request: Requesting approval of a Special Exception for a Hotel in the I-2 Zone. Council District: 5 Appeal by Date: 10/16/2017 Review by Date:

10/16/2017 Action by Date: 3/15/2018 Opposition: None
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History:

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M-NCPPC Technical Staff approval with conditions05/18/2017

M-NCPPC Planning Board no motion to consider05/23/2017

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Zoning Hearing Examiner approval with conditions09/15/2017

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Sitting as the District Council deferred09/25/2017

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Council deferred this item to October 16, 2017.

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Sitting as the District Council elected to make the final decision

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10/16/2017

Council elected to make the final decision on this item (Vote: 8-0; Absent: Council Member Toles).

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Sitting as the District Council announced hearing date01/22/2018

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Council announced the hearing date.

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SE-4794 Zoning Hearing Examiner Decision SE-4794 Technical Staff Report SE-4794 PORL

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Attachment(s):

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February 12, 2018Sitting as the District Council

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ORAL ARGUMENTS (Continued)

ERR-268 835 Fairview Ave Validation of Multifamily Rental License No. M-0131 Issued In Error

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Applicant(s): Carline Brice Location: Located at 835 Fairview Avenue, Takoma Park, Maryland (0.17 Acres,

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R-18 Zone). Request: Requesting approval of validation of Prince George s County

Multi-Family Rental Housing License No. M-0131 issued in error on April 18, 2015, for six (6) apartment units, on approximately 7448 square feet of

land, located in the R-18 (Multi-Family Medium Density Residential) Zone.
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Council District: 2 Appeal by Date: 10/27/2017 Action by Date: 2/26/2018 Opposition: None

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History:

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Zoning Hearing Examiner disapproval09/27/2017

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Sitting as the District Council elected to make the final decision

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11/06/2017

Council elected to schedule Oral Arguments (Vote: 8-0; Absent: Council Member Toles).

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Sitting as the District Council announced hearing date01/22/2018

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ERR 268 Zoning Hearing Examiner Decision ERR 268 PORL

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Attachment(s):

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February 12, 2018Sitting as the District Council

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MANDATORY REVIEW (Using Oral Argument Procedures)

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DSP-16053 4550 Rhode Island Avenue Companion Case(s): CP-17003 Applicant(s): 4550 Rhode Island Avenue, LLC Location: Located on the north side of US

1 (Rhode Island

Avenue),approximately 225 feet northeast of its intersection with Wallace Street (.28 Acres, I-D-0/R-55/M-U-1/D-D-0 Zones).

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Request: Requesting approval of a Detailed Site Plan to add the use of outdoor storage to the table of uses for the subject property in the 2004

Approved Sector Plan and Sectional Map Amendment for the Prince George's County Gateway Arts District (Gateway Arts District Sector Plan and SMA) as a permitted use in the Neighborhood Arts and Production character area for Lots 31-33, Block A (and part of Parcel 295 and Lot 46A).
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Council District: 2 Appeal by Date: 1/4/2018 Action by Date: 3/1/2018 Comment(s): Mandatory Reivew:

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District Council review of this case is required by Section 27-548.26(b) (1)(B) of the Zoning Ordinance

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Municipality: North Brentwood

History:

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M-NCPPC Technical Staff approval with conditions10/31/2017

M-NCPPC Planning Board approval with conditions11/30/2017

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Clerk of the Council mailed12/15/2017

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Notice of Mandatory Review Hearing (using Oral Argument procedures) was mailed to Persons of Record.

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Sitting as the District Council announced hearing date01/08/2018

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Sitting as the District Council announced hearing date01/22/2018

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DSP-16053 Planning Board Resolution 17-144 DSP-16053 Technical Staff Report DSP-16053_PORL

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Attachment(s):

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February 12, 2018Sitting as the District Council

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REFERRED FOR DOCUMENT

DSP-17004 Turkish American Community Center Day Care Applicant(s): Turkiye Diyanet Vakfi Location: Located on the north side of Good Luck Road,

approximately 3,200
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feet southwest of its intersection with Greenbelt Road (MD 193) (11.74 Acres; R-80 Zones).

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Request: Requesting approval of a Detailed Site Plan for addition of a day care center, with a maximum enrollment of 120 children, to an existing

religious institution (mosque) in the One-Family Detached Residential (R-80) Zone.
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Council District: 4 Appeal by Date: 11/27/2017 Review by Date: 11/27/2017 Action by Date: 2/15/2018

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History:

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M-NCPPC Technical Staff approval with conditions09/07/2017

M-NCPPC Planning Board approval with conditions10/19/2017

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Sitting as the District Council did not elect to review11/06/2017

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Council took no action on this item.

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Person of Record appealed11/16/2017

On November 16, 2017, Mehmet Omur Naz, filed an appeal to the decision of the Planning Board and requested oral argument.

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Clerk of the Council mailed12/12/2017

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Notice of Oral Argument Hearing was mailed to all Persons of Record.

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Sitting as the District Council announced hearing date01/08/2018

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February 12, 2018Sitting as the District Council

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Sitting as the District Council hearing held; referred for document

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01/22/2018

Ivy Thompson, M-NCCPC, provided an overview of the Detailed Site Plan application. Omar Naz, spoke in opposition. Arthur Horne, attorney for the

applicant, spoke in support on behalf of the applicant. Stan Brown, People's Zoning Counsel, spoke to the legalities of the arguments presented.
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Council referred item to staff for preparation of an approving document, with conditions (Vote: 6-0; Absent: Council Members Franklin, Harrison, and

Toles)
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DSP-17004 Planning Board Resolution 17-129 DSP-17004 Technical Staff Report DSP-17004_PORL DSP-17004 Appeal

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Attachment(s):

ITEM(S) FOR DISCUSSION

SE/VSE-4750 Sheriff Road Seventh Day Adventist Church Companion Case(s): DPLS-425 Applicant(s): Sheriff Road Seventh-Day Adventist Company Location:

Located at the intersection of Eastern Avenue and 59th Avenue, and
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identified as 602 59th Avenue, Fairmount Heights, Maryland (0.2860 Acres; R-55 Zone).

Request: Requesting approval for a Special Exception for permission to use approximately 0.2860-acre of R-55 (One-Family Detached Residential) zoned

land for a 40-seat church. Also requesting Variance 4750 to reduce the minimum setback requirements for the church set forth in Sections 27.341.02 (a) (1) and 442 (e) of the Zoning Ordinance.
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Council District: 5 Appeal by Date: 10/10/2017 Review by Date: 10/10/2017 Action by Date: 3/8/2018 Comment(s): The companion case, DPLS-425 was

elected to review by Council on
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3/13/2017. Municipality: Town of Fairmount Heights Opposition: Town of Fairmount Heights, et. al.

History:

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February 12, 2018Sitting as the District Council

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M-NCPPC Technical Staff approval with conditions01/17/2017

M-NCPPC Planning Board approval with conditions02/23/2017

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Zoning Hearing Examiner approval with conditions09/08/2017

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Sitting as the District Council elected to make the final decision

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09/11/2017

Council elected to make the final decision on this item (Vote: 9-0).

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Clerk of the Council mailed10/06/2017

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Notice of Oral Argument Hearing was mailed to all Persons of Record.

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Sitting as the District Council hearing held; case taken under advisement

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11/13/2017

Chairman Davis announced that the oral argument hearings for SE/VSE-4750 and DPLS-425 Sheriff Road Seventh Day Adventist Church would be held in

tandem. Ivy Thompson, M-NCPPC, provided an overview of the Special Exception and Departure applications. Traci Scudder, Esq., spoke in support on behalf of the applicant. Todd Pounds, Esq. spoke in opposition on behalf of the Town of Fairmont Heights. Stan Brown, People's Zoning Counsel, spoke to the legalities of the arguments presented.
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The Oral Argument hearing was held and Council took this case under advisement.

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SEVSE-4750 Zoning AIS SEVSE-4750 Zoning Hearing Examiner Decision SEVSE-4750 PORL SE-4750 Planning Board Resolution 17-23 SE-4750 Technical Staff

Report
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Attachment(s):

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February 12, 2018Sitting as the District Council

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ITEM(S) FOR DISCUSSION (Continued)

DPLS-425 Sheriff Road Seventh Day Adventist Companion Case(s): SE/VSE-4750 Applicant(s): The Seventh Day Adventist Church of Sheriff Road Location:

Located at the intersection of Eastern Avenue and 59th Avenue, also
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identified as 602 59th Avenue, Fairmount Heights, Maryland, 20743. The corner property has frontage on both 59th Avenue and Eastern Avenue (0.286

Acres; R-55 Zone).
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Request: Requesting approval for a Departure from Parking and Loading Standards for ten of the required ten off-street parking spaces.

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Council District: 5 Appeal by Date: 3/30/2017 Review by Date: 3/30/2017 Action by Date: 2/15/2018 Municipality: Town of Fairmount Heights

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History:

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M-NCPPC Technical Staff approval with conditions01/17/2017

M-NCPPC Planning Board approval with conditions02/23/2017

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Sitting as the District Council elected to review03/13/2017

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Council elected to review this item (Vote: 8-0; Absent: Council Member Franklin).

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Clerk of the Council mailed10/06/2017

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Notice of Oral Argument Hearing was mailed to all Persons of Record.

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February 12, 2018Sitting as the District Council

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Sitting as the District Council hearing held; case taken under advisement

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11/13/2017

Chairman Davis announced that the oral argument hearings for SE/VSE-4750 and DPLS-425 Sheriff Road Seventh Day Adventist Church would be held in

tandem. Ivy Thompson, M-NCPPC, provided an overview of the Special Exception and Departure applications. Traci Scudder, Esq., spoke in support on behalf of the applicant. Todd Pounds, Esq. spoke in opposition on behalf of the Town of Fairmont Heights. Stan Brown, People's Zoning Counsel, spoke to the legalities of the arguments presented.
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The Oral Argument hearing was held and Council took this case under advisement.

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DPLS-425_Zoning AIS DPLS-425 Planning Board Resolution 17-24 DPLS-425_PORL DPLS-425 Technical Staff Report

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Attachment(s):

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February 12, 2018Sitting as the District Council

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ITEM(S) FOR DISCUSSION (Continued)

SE-4774 Palmer Road Class 3 Fill Facility Applicant(s): Palmer Road Landfill, Inc./ Palmer Road Landfill Company and Palmer

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Road, LLC. Location: Located on the northern side of Palmer Road, abutting the western side

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of Tucker Road, and identified as 1500 and 1611 Ferguson Lane, Fort Washington, Maryland (173.584 Acres; R-E Zone).

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Request: Requesting approval of a Special Exception to continue using approximately 173.584 acres of land in the R-E (Residential-Estate) Zone as a

Class III Fill. Also requesting a variance from the requirement that the use not be located within a three (3) mile radius of properties containing an active or pre-existing approved or nonconforming Class III Fill, sanitary landfill, transfer station, rubble fill, recycling facility, mining facility, processing facility, sand and gravel operation, or wash plant.
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Council District: 8 Appeal by Date: 8/21/2017 Review by Date: 9/20/2017 Action by Date: 2/19/2018 Opposition: Stephen Briggs, et. al.

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History:

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M-NCPPC Technical Staff approval with conditions03/15/2017

M-NCPPC Planning Board no motion to consider03/30/2017

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Zoning Hearing Examiner approval with conditions07/21/2017

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Sitting as the District Council elected to make the final decision

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09/11/2017

Council elected to make the final decision on this item (Vote: 9-0).

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Clerk of the Council mailed09/21/2017

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Notice of Oral Argument Hearing was mailed to Persons of Record.

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February 12, 2018Sitting as the District Council

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Sitting as the District Council hearing held; case taken under advisement

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10/23/2017

Taslima Alam, M-NCPPC, provided an overview of the Special Exception application. Arthur Horne, Esq., spoke in support, on behalf of the applicant.

Stan Brown, People's Zoning Counsel, spoke to the legalities of the arguments presented.
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The Oral Argument hearing was held and Council took this case under advisement.

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SE-4774 Zoning AIS SE-4774 Zoning Hearing Examiner Decision SE-4774 PORL SE-4774 Technical Staff Report

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Attachment(s):

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February 12, 2018Sitting as the District Council

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PENDING FINALITY

The following decisions will become final unless the District Council elects, BY MAJORITY VOTE, to make the final decision or an appeal is filed.

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PLANNING BOARD

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DSP-17031 Blue Ocean Cedar Pointe Applicant(s): Blue Ocean Realty, LLC Location: Located at the terminus of Serenade Lane, approximately 1,850 feet

east of its intersection with Summit Creek (6.70 Acres; R-T / M-I-O Zones).

Request: Requesting approval of a Detailed Site Plan for 34 single-family-attached dwelling units in the Townhouse (R-T) Zone on a 6.70-acre site, as

required by Section 27-433(k)(1) of the Prince George s County Zoning ordinance.
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Council District: 9 Appeal by Date: 3/1/2018 Review by Date: 3/1/2018

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History:

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M-NCPPC Technical Staff approval with conditions12/20/2017

M-NCPPC Planning Board approval with conditions01/25/2018

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DSP-17031 Zoning AISAttachment(s):

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February 12, 2018Sitting as the District Council

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CASE SCHEDULED FOR MANDATORY REVIEW HEARING MARCH 12, 2018 AT 10:00 A.M.

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Hearing Dates Times Subject to Change

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DSP-16027 Royal Farms 287 (Forestville Road) Applicant(s): Two Farms Inc. d/b/a Royal Farms Location: Located in the southeastern quadrant of the

intersection of Forestville
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Road and MD 725 (Marlboro Pike) at 3300 Forestville Road in District Heights (2.16 Acres; C-S-C/D-D-O/M-I-O Zones).

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Request: Requesting approval of a Detailed Site Plan for the construction of a food and beverage store in combination with a gas station, to amend

the use table in the D-D-O Zone to allow a food and beverage store in combination with a gas station, and to amend Development District Standards 2.1 and 4.1 of the D-D-O Zone to allow a reduction in the required plant material quantity and for not providing the required loading space.
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Council District: 6 Appeal by Date: 3/1/2018 Review by Date: 3/1/2018 Action by Date: 4/9/2018 Comment(s): Mandatory Reivew:

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District Council review of this case is required by Section 27-548.26(b) of the Zoning Ordinance.

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History:

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M-NCPPC Technical Staff approval with conditions12/20/2017

M-NCPPC Planning Board approval with conditions01/25/2018

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DSP-16027 Zoning AISAttachment(s):

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ADJOURN

2:00 PM - COUNTY COUNCIL ITEMS - (COUNCIL HEARING ROOM)

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(SEE SEPARATE AGENDA)

4:00 PM - CHARTER REVIEW COMMISSION - (ROOM 2027)

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(SEE SEPARATE AGENDA)

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