The Planning Process for the Proposed DG Market Explained

Property Ownership

  1. The property is under contract between the estate ownership and a contract purchaser (developer) who intends to develop the property
  2. The developer is moving through the planning process for development of the property
  3. The developer is proposing a single retail establishment at this time to lease to a 3rd party tenant for occupancy and use for retail sales

 

Zoning Code

  1. The property is zoned Village Center (VC) which allows for retail sales and grocery stores by right as a permitted use
  2. The Town zoning code does not differentiate which retail businesses can establish those uses 
  3. The Town cannot prohibit specific corporations
  4. The developer is not required by Town Code to specify the end-user they intend to sell or lease the retail space for use

 

Board of Zoning Appeals (BZA)

  1. The developer applied to the BZA requesting a variance for total site signage and total parking requirements
  2. The BZA approved the request for a variance of 32 sq. ft. above the maximum area established in the Code
  3. The BZA denied the request for a reduction of total number of spaces per 150 sq. ft.

 

Planning Commission

  1. The site plan has been submitted and granted conditional approval
  2. The site plan includes the required exterior architectural features which have also been approved
  3. The site plan will be reviewed by County and State agencies for road access, stormwater management (SWM), sediment and erosion control, utility extensions, etc.

 

Utility Access

  1. The property, as a lot of record, is eligible for 5 water and sewer connections (taps) of existing system capacity
  2. The proposed retail development is expected to require 2 of those 5 taps, with 3 remaining for additional future development
  3. Maryland State Highway Administration (SHA) will determine site access points 
  4. The developer is planning to construct a new access street from the Maryland Route 17 frontage into the site

 

Subdivision   

  1. The developer is not proposing subdivision and sale of the lot for the proposed retail establishment
  2. The developer is permitted to retain the 31-acre property as a single property or they may subdivide the property for sale of individual lots
  3. The general regulations of development apply regardless of whether the property is subdivided, including water and sewer availability which determine development intensity

 

Text Amendment

  1. The developer has submitted a request for text amendment to the Town Code to reduce the required parking spaces required
  2. Town staff and the Planning Commission have reviewed this request and recommend adjustments consistent with surrounding jurisdictions
  3. The Mayor and Council have set public hearings to consider this amendment to Town Code at the October meeting and w ill formally vote at the November meeting

 

Development

  1. Regardless of the decision on the text amendment, the developer may proceed with development of the property under current Town Code
  2. No Town body, including the Mayor and Council, has the ability to circumvent the public process as established by Town Code
  3. The developer does have the ability to further develop the property with additional uses permitted by Town Code subject to utility limitations