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County Commission to Vote on Zoning Change For Resort, Substance-Abuse Treatment Center

Posted 9/6/22

HUNTINGDON — Carroll County commissioners convene Monday, September 12, 6:30 p.m. to vote on a change to the planning regulations in the area of the Carroll County 1000-Acre Lake.

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County Commission to Vote on Zoning Change For Resort, Substance-Abuse Treatment Center

Posted
HUNTINGDON — Carroll County commissioners convene Monday, September 12, 6:30 p.m. to vote on a change to the planning regulations in the area of the Carroll County 1000-Acre Lake. The proposed changes to zoning would allow a proposed development that includes an airport, retail center, RV park, music venue and substance-abuse treatment center.
 
On July 20, the Carroll County Lake Planning Commission recommended changes to the lake-area zoning. Those changes head to the Carroll County Commission on September 12. This is the first meeting of the term of commissioners, which has 11 new commissioners of 21 total.
 
While commissioners will not vote on the development itself, the proposed change in zoning would be one of many steps required to allow such a development.
 
A proposal to develop property located at 650 Humphrey Road. The property is partially located on Highway 70 and partially located on Humphrey Road.
 
The property is 210.64 acres in size and it is partially zoned M-RC (Mixed Residential Commercial), but mostly zoned L-2 (Lake Low-Medium Density Residential).
 
There are many facets to this proposal.
 
Subdivision of the property into individual parcels. The site plan shows the 210.64 acres being divided into seven parcels, which range in size from 9.87 acres to 82.50 acres. In many cases lots, being split which are larger than five acres in size are exempt from the subdivision regulations by state law. In this case, the exemption does not apply because there is a necessity for at least one new road to be constructed in order to prevent the creation of landlocked properties. 
 
A preliminary land plat, construction drawings, and final plat are required to be submitted for this proposed subdivision of property. The preliminary and final plats must be created by a registered land surveyor, while the construction drawings must be created by a licensed engineer.
 
Proposal to allow “substance use disorder facility” on Parcel 7.
 
This proposed parcel is 17.38 acres in size and it is zoned L-2. The property is shown to abut the proposed new road which would connect to highway 70. The property abuts residential uses (to the south) which would need to be given consideration (during the site plan process) given their close proximity to the subject property.
 
A substance use disorder facility is categorized as “social service” use, per the Standard Industrial Code (the codification manual on which zoning uses are based). This type of use is not allowed in a L-2 District. In order for this type of use to be allowed, a text amendment would have to occur and approved by the County Commission.
 
Analysis. An airport operated by a governmental entity would be permitted as a “governmental use.” However, there is no allowance for a private airport in the L-2 Provisions. Again, an amendment to the text would be needed in order to add this type of use and approved by the County Commission.
 
Proposed RV park on Parcel 5, which is 10.62 acres in size. The proposed parcel is located on Highway 70 and it appears to be partially zoned M-RC and partially zoned L-2, with the RV park being wholly located on the L-2 part of the property.
 
Analysis. RV parks are allowed in L-2 Districts upon several criteria being met. A site plan must be submitted for approval (by the BZA) which details the layout of the proposed park and illustrates the required criteria being met. It appears that there would be ample space to locate a RV park at this location, as the minimum lot size for such a such a use has been met. However, it is not possible to fully know the viability of the proposed use on the subject property without the required site plan being submitted.
 
Basically, the use would be allowed upon approval of the BZA, but none of the current prescribed criteria (minimum lot size, location on collector or arterial road, minimum size of RV spaces, paved internal drive requirements, etc.) would be required.
 
Recommendation. The staff planner recommends that either the required detailed site plan be submitted for the proposed RV park (or that the developer waits to find out if the reduced requirements for RV parks in
 
L-2 districts are adopted as part of the proposed L-1A, L-2, and L-3 zoning amendments).
 
Proposed Retail Space and Entertainment Venue on Parcel 6.
 
A retail space and entertainment venue is being proposed on Parcel 6. Parcel 6 is 9.87 acres in size and is zoned L-2. The property would be served by the proposed new road, to be constructed as part of the subdivision improvements.
 
Analysis. Retail use is allowed in L-2 Districts as a Use on Appeal. However, such retail uses are not allowed to be within 500 feet of schools, churches and residences. It appears that multiple residences on Highway 70 would be located within 500 feet of the proposed retail space. There are additional buffering regulations which require that retail spaces be even farther away from churches, schools, and residences if they serve beer (1,000 feet) or liquor (2,000 feet). The only apparent ways to allow such a proposed retail use would either be with another text amendment by the Zoning Commission and approved by the County Commission. 
 
The proposed entertainment venue would be allowed as a Use on Appeal (as a recreational use) with no specified criteria listed.
 
Proposed restaurant and (future development) on Parcel 3 Background. Parcel 3 is 33.94 acres in size and it is zoned L-2. It is located on Humphrey Road. Restaurants are allowed in L-2 districts upon several criteria being met.
 
One of the criteria required for a restaurant located in a L-2 district is that it be located on a collector or arterial status road.
 
Humphrey Road is not classified as a collector or arterial status road. With that said, it should be noted that the buffering requirement (for a restaurant serving beer) of 1,000 feet from a church, school, or residence would be met, as the proposed restaurant would be approximately 1,300 feet from the nearest residence. It would not meet the 2000 feet buffering requirement for a restaurant serving liquor.
 
The contracted staff planner, hired by the county, recommends against a restaurant being located on a non-collector/arterial road in a L-2 District.
 
An entertainment venue/bar is slated for Parcel 4 is 15.94 acres in size and it is located on Humphrey Road. The property is zoned L-2.
 
Analysis. Like parcel 3, this property fronts on Humphrey Road which is not designated as a collector or arterial status road. Therefore, a restaurant would not be allowed. An entertainment venue would appear to be allowed as a recreational use. There are also rental cabins and campgrounds. There is no allowance for rental cabins (transient lodging) in L-2 districts.
 
Campgrounds are allowed upon approval of a site plan and strict criteria being met.
 
In other business next Monday, commissioners will select a chairman and chairman pro-tempore to conduct the meetings. 
 
Recommended committee assignments will also be voted on.
 
Budget — Darrell Ridgely (chairman), John Austin (secretary), Manuel Crossno, Willie Huffman, and Lana Suite.
 
Tax Rate Committee — Barry Mac Murphy (chairman), Lana Suite (secretary), Daniel Thomas, Philip Moore, and Cyril Ostiguy.
 
Law Enforcement Committee — Jimmy McClure (chairman), Walter Smothers (secretary), Joey Darnall, Dan Willman, and Spiros Roditis.
 
Delinquent Tax Committee — Jimmy McClure (chairman), Jay Phipps (secretary), Lin Smith, Jason Martin, and Barry Mac Murphy.
 
Civic Center Committee — Joey Darnall (chairman), Barry Mac Murphy (secretary), Joey Simmons, Lin Smith, and Jason Martin.
 
Insurance Committee — John Austin (chairman), Larry Spencer (secretary), Cyril Ostiguy, Jimmy Halford, Walter Smothers.
 
Purchasing Committee — Barry Mac Murphy (chairman), Paula Bolen (secretary), Darlene Kirk, Lana Suite, Darrell Ridgely, and Jay Phipps. 
 
Highway Committee — Randy Long (chairman), Paula Anderson (secretary), Philip Moore, Darrell Ridgely, Daniel Thomas, Joey Simmons, and John Austin.
 
Beer Board — Jay Phipps (chairman), Larry Spencer, secretary, Jason Martin, Walter Smothers, and Daniel Thomas.
 
Rules Committee — Randy Long (chairman), Jimmy Halford (secretary), Cyril Ostiguy, Spiros Roditis, and Jimmy McClure.
 
Solid Waste Committee — John Austin (chairman), Jay Phipps (secretary), Jimmy Halford, Daniel Willman and Joey Darnall.
 
Personnel Committee — Manuel Crossno (chairman), Randy Long (secretary), Willie Huffman, Walter Smothers and Dan Willman.
 
Properties Committee — Willie Huffman (chairman), Darrell Ridgely (secretary), Randy Long, Lin Smith and Joey Simmons.
 
Rural Fire Committee — Lana Suite (chairman), Jimmy McClure (secretary), Philip Moore, Daniel Thomas and Jimmy Halford.
 
Resolutions Committee — Larry Spencer (chairman), Manuel Crossno (secretary), Joey Darnall, Spiros Roditis, and Dan Willman.
 
Other resolutions on the agenda include the gifting of the service weapons of retiring officers with the Carroll County Sheriff’s Department. Becky Keith, public information officer, retired and Chief Deputy David Bunn retired recently.
 
A resolution to reappoint Lori Nolen to the Carroll County Electric Board is also on the agenda.
 
A resolution to spend up to $130,000 to make repairs to the Courthouse and clean the exterior is on the agenda. The funds would be allocated from the federal American Rescue Plan funds.
 
A proposal to allocate $50,000 ($39,130 for South Carroll Utility District) to each of the water systems in the county is on the agenda. The funds total $498,734 from the American Rescue Plan. The appropriation helps each of the water systems with the repairs and updates to their water systems.

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