[0:01] turn. >> All right. We're now

[0:07] recording. >> Okay. And you can turn your

[0:09] mic on to Miss Martin. >> There we go. Sure.

[0:13] >> Okay. All right. This is the 18th of August. It is

[0:18] approximately 530 in the evening. We are here for

[0:27] BA26-010C. An application by persons first Incorporated.

[0:31] Actually, it's by Miss Kenisha Martin, who's trading as

[0:35] Persons First Incorporated. It's a request for a

[0:39] conditional use for a child care facility. Comma daycare,

[0:44] treatment and care facility. And Miss Martin, we are here at

[0:48] your request. It is your case. And so since you're going to be

[0:52] the only witness tonight. I need to swear you in. Sure.

[0:57] Thank you. Do you solemnly swear or affirm under the

[1:00] penalty of perjury, that the responses given in statements

[1:02] made shall be the truth, the whole truth, and nothing but

[1:05] the truth? >> Yes.

[1:07] >> Thank you. Please state your name and business address for

[1:09] the record. >> Sure. Kenisha. Martin.

[1:13] Business address is 164295 freeway, Miss Bowie, Maryland.

[1:18] >> All right. Thank you. All right. It is your case. It is

[1:21] your burden of proving that you meet all the requirements for

[1:27] the proposed use. So I'm going to let you just go and tell me

[1:32] how you meet all of the required criteria.

[1:37] >> Sure. So we have gone through the necessary steps for

[1:40] the conditional use process. This is our last last phase. We

[1:44] have given the narrative for the program that we're going to

[1:48] be operating. And Saint John's Lane.

[1:52] >> There there lies my first question. How many students are

[1:57] requested? >> Sure. Approximately 30.

[2:00] >> 30. Okay. So I have to set a number. So 30 a maximum of 30.

[2:09] >> Well, we can if there's room for. We certainly have room for

[2:12] more. So. But we typically go by projected numbers of who we

[2:17] think will support. But we can increase the number if there's

[2:20] need, we can go over that number by maybe 40, 40.

[2:25] >> Okay. Because your petition all states in terms of three

[2:29] classrooms, well, three classrooms doesn't tell me how

[2:32] many students you're proposing. So I have to set the number.

[2:36] >> No, that makes sense. So the three class. So two of the

[2:39] three will be utilized for the actual students. One will be a

[2:42] conference room. So it's one conference room for maintenance

[2:44] to make sure that we have confidentiality. And then two

[2:47] for where the actual program will be operated.

[2:50] >> So you think that each classroom can accommodate 20

[2:54] students at a time. >> Absolutely.

[2:55] >> All right. So you're asking for 4040 students. Okay. All

[2:59] right. Okay. I'm sorry to interrupt you. Go ahead.

[3:02] >> Sure. So the space will be utilized to support persons.

[3:07] The population that we will support is persons that have

[3:11] developmental disabilities and who may be on the autism

[3:15] spectrum. Our goal or aim is to provide a structured day for

[3:19] each person that will support them with having their skills

[3:24] met. So for example, learning life skills, educational

[3:27] purposes will also be tailored. So we have some classes for

[3:30] that. We'll also be helping with employment. So the

[3:33] classroom may have we may have laptops and different things

[3:36] that will assist each person with being able to look for

[3:40] employment and so forth. >> All right. So you're leading

[3:42] me to my next question, which is what is the age of your

[3:48] proposed clients? 20. >> Sure. 21 and older.

[3:52] >> 21 and older. Okay. Thank you. Thank you.

[3:57] >> Gotcha. So we can continue. Okay. And so the day that we'll

[4:02] have within each within the center where we'll be, we'll

[4:06] also have some community based opportunities. So we'll be

[4:08] volunteering as well in different establishments. So

[4:12] we'll be in and out of the building. We won't spend our

[4:14] entire days there, although if the weather permits doesn't

[4:17] permit, we may be indoors throughout the duration of our

[4:20] time. Besides that, we also will have a few of our staff.

[4:26] So for example, some persons may be approved through the

[4:29] state for 1 to 1 staffing ratios. So we'll have staff

[4:32] members who will be there to make sure that each persons

[4:35] within their appropriate staffing ratios. We will.

[4:39] >> Also again. Sorry for interrupting. Are you going to

[4:42] be licensed through the state of Maryland?

[4:45] >> We will. Yes. That is the next phase of this.

[4:48] >> Okay. And and what what we what we like. What is your

[4:54] licensure? What what will that be for?

[4:56] >> Sure. So it'll be for what's called a day program. That's

[4:59] what the state classifier program has. Day program.

[5:03] >> Okay. And your request to them will also then be for a

[5:08] maximum of 40 students. >> They're going by the

[5:11] capacity of the Howard County is a proven. So they're

[5:13] actually looking for that occupancy permit as well. So

[5:17] whatever number is we are approved for is what they're

[5:20] going to go with. Nothing greater.

[5:22] >> Okay. All right. And we just capped it at 40. Yes. Even if

[5:27] they say 50 you still only get 40.

[5:30] >> 40 is perfectly fine given the plan that we have in mind.

[5:33] Yes. >> Okay. All right. I'm sorry.

[5:35] Go ahead. >> No problem. So besides that,

[5:38] we will also have our narrative also describes that we will

[5:42] utilize some of the parking spaces that is currently there.

[5:46] We will have minivans. I'm not sure how many, just depends on

[5:49] how many persons that we support at a time. So if we're

[5:52] supporting ten person within our first year of operation,

[5:55] then the number of vehicles that we'll have will be based

[5:58] on that. But it will not go over the the appropriate number

[6:01] that we have listed in our narrative. Besides that.

[6:05] >> Are you operating a similar program elsewhere? Now?

[6:09] >> We community based. It's not in a licensed site, so we are

[6:12] fully community based right now. We just need a licensed site to

[6:15] be able to host people within a building. Yeah. Activities.

[6:18] Yeah. Okay. Yes. So besides that, not really sure what else

[6:23] to share. I can go over a few other details that are listed

[6:27] within our narrative, if that's needed.

[6:30] >> So what you're going to need to share is the document. What

[6:36] you're going to need to share is all of the requirements of

[6:42] this particular use. Because right now there is nothing in

[6:45] the record because I cannot take the technical staff report

[6:50] as being. They're not here, so I can't cross-examine them. So

[6:57] I need you to go down all the criteria, see all the criteria

[7:04] for. And I can help you with that. So the general criteria

[7:13] for conditional use is you're gonna have to meet that. All

[7:17] right. So the first criteria is that the proposed conditional

[7:21] use plan will be in harmony with the land uses and policies

[7:25] in the Howard County General Plan.

[7:30] >> Yes. So bear with me one second. I'm pulling up my

[7:33] attachment to give me one second. Our narrative. Almost

[7:46] there. >> No worries.

[7:53] >> And please pardon me if I'm going to just summarize each of

[7:56] what I have currently. And then if you need more details, just

[7:59] let me know. Feel free and I'll go a bit deeper.

[8:02] >> Okay? Because we kind of have to go through every one of

[8:05] the criteria. So if you want to address the first criteria,

[8:10] which is harmony of the proposed use with the Howard

[8:13] County General Plan, how do you do that?

[8:17] >> Gotcha. So I have so I'm just going to read verbatim.

[8:21] The petitioner requests an approval of a conditional use

[8:25] pursuant. And I won't read all of the numbers unless it's

[8:27] needed. So I have one, three, 1.0 and three and one three of

[8:32] Howard County zoning regulations to operate a day

[8:34] treatment and care facility center at 3291 Saint John's

[8:39] Lane, Ellicott City, Maryland 21042. The subject property is

[8:44] an existing one, fully developed and established the

[8:47] process. The proposed conditional use does not

[8:50] include any new construction, building additions, site

[8:54] expansion or physical improvements. The use will

[8:57] occur entirely within the existing structure and utilize

[9:00] the existing site layout as currently configured. The

[9:04] proposed facility will provide supportive services for

[9:08] individuals with disabilities, including program focus on

[9:12] independent living skills, healthy living, education,

[9:14] social development and vocational readiness, and

[9:17] structured opportunities for community participation and

[9:20] volunteer engagement. The second part is with being in

[9:26] compliance with section 131.0 n 13 conditional use requirement.

[9:32] So accessibility and circulation and safety will be

[9:35] described. The site is served by an existing peculiar excuse

[9:41] me, access from Saint John's Lane. There's no changes to

[9:44] that existing access point, circulation patterns or parking

[9:50] configuration are proposed. The facility will utilize existing

[9:53] on site circulation and parking areas, so nothing will be

[9:56] changed where utilizing existing space, our drop off

[9:59] and pick up for activities will occur on site in a safe and

[10:03] orderly manner, consistent with one point. Excuse me, 131.0 n

[10:11] .13 A. I'm probably not citing that correctly.

[10:14] >> That's okay. The long mouthful yes, I got you.

[10:17] >> I would not create and will not create unsafe conditions or

[10:22] congestion on adjacent drive. Excuse me. Roadways then lot

[10:29] size and capacity which is under 131.0 N13B the existing

[10:35] developed parcel provides no. >> I think we lost her for a

[10:50] minute. >> Yeah, she must have hit.

[10:53] Leave hearing.

[11:45] Okay, we've got our back.

[11:51] >> Okay. >> There we go.

[12:03] >> Alrighty. My apologies. My computer completely shut down.

[12:06] >> No worries. That's what has happened when we do things

[12:09] virtually not. Not a worry. >> Gotcha. Thank you. I'm just

[12:13] going to log back on. And I'm just going to disconnect the

[12:20] video from my other screen and then stay on my cell phone,

[12:23] which is fully charged. >> Okay. All right.

[12:34] >> Okay. >> And I'm very sweaty. Oh my

[12:38] goodness. >> So no, no no worries.

[12:43] >> Oh my goodness. Okay, so I believe we're on lot size and

[12:49] capacity. So I'll continue there. Okay. So for lot size

[12:58] and capacity, the. And building capacity to accommodate the

[13:06] proposed day treatment and care facility without modification,

[13:10] the use will be contained entirely within the existing

[13:14] building and site improvements, and is consistent with the

[13:18] capacity of the property under one, three, 1.0 point N13B. The

[13:27] next point is setbacks and site design, so no new construction

[13:32] or site disturbance is proposed. There are no changes to

[13:37] setbacks, buffer or site designs. Existing conditions

[13:41] remain unchanged and the conditional use does not

[13:44] increase or intensify any nonconformities consistent with

[13:50] one, three, 1.0 and 0.3 D. Our next point is compatibility and

[13:59] absence of nuances. The proposed use operate entirely

[14:03] within an existing enclosed structure. Use constructions or

[14:10] slight modifications are proposed. The nature of the

[14:14] facility's educational, therapeutic and supportive and

[14:17] is not expected to generate noise, odor, lighting, lighting,

[14:22] or other or other impacts that would adversely affect

[14:27] surrounding properties. Because the site remains physically

[14:30] unchanged, the conditional use does not introduce any new

[14:34] environmental or physical impacts to the surrounding area.

[14:38] The use is consistent with professional and institutional

[14:42] service activities and is compatible with surrounding

[14:46] land use along Saint Johns Lane. Okay, the next point for us is

[14:52] the general conditional use standard, which is under 131.0

[14:57] B harmony with the General Plan. The proposed facility supports

[15:02] Howard County's goals of providing inclusive, community

[15:06] based services for individuals with disabilities. The use

[15:10] promotes independence, accessibility and community

[15:13] integration. Consistent with the General Plan. Now we're

[15:19] under nature and intensity of use, which is under 131.0 B two.

[15:26] The use is low intensity and will not alter the existing

[15:31] developed development pattern of the site because no

[15:35] improvements, expansions or physical changes are proposed.

[15:38] There is no increase in site intensity beyond the existing

[15:42] conditions. And next we have mobility with vansickle

[15:49] properties. Hopefully I'm pronouncing that correct under

[15:52] one three. Thank you. Under 131.0 b three. The proposed use

[15:59] is fully compatible with surrounding properties. The

[16:03] facility is located within an existing development structure

[16:06] and operations are consistent with institutional or

[16:09] professional service uses. No changes to the physical

[16:13] environment are proposed and therefore no new impacts to the

[16:16] adjacent properties will occur. Next, we have adequate public

[16:23] facilities under 131.0 B four. The site is already served by

[16:30] existing public infrastructure, including road access,

[16:35] utilities and emergency services. The proposed use does

[16:39] not require any infrastructure expansion or upgrades and will

[16:44] not burden public facilities. Next, we have public health,

[16:51] safety and welfare under 131. Treatments and care facility

[17:00] promotes public health health care by providing structured,

[17:05] supportive services that assist individuals with disabilities

[17:08] in developing, excuse me, independence, life skills and

[17:12] community participation. The reuse of an existing developed

[17:17] site without improvements supports efficient land use and

[17:21] maximizes environmental and community impacts. Okay, then

[17:26] we have for our conclusion the proposed day treatment care

[17:31] facility at 3291 Saint Johns Lane, Ellicott City, Maryland,

[17:37] 21042 fully complies with one three, 1.0 and 13 and the

[17:42] general conditional use standards under 131.0 B of

[17:47] Howard County zoning regulations. The use will be

[17:50] located entirely within an existing established structure,

[17:54] with no proposed improvements or physical alterations to the

[17:58] site. As a result, the conditional use introduces no

[18:02] new adverse impacts and is fully capable with surrounding

[18:07] be compatible with surrounding development and close. We are

[18:12] respectfully requested an approval of the conditional use

[18:15] petition. >> And your hours of operation

[18:23] are Monday through Friday. Eight A excuse me 8 a.m. to 3

[18:28] p.m. correct.

[18:46] I'm sorry, I don't think you heard me. I

[18:49] said. The hours of operation are Monday through Friday, 8

[18:53] a.m. to 3 p.m. >> That is correct. Yes.

[18:56] >> All right. >> Okay.

[18:59] >> Your square footage is 3075ft?!S.

[19:07] >> Let me confirm for you. Bear with me. I can pull up the. One

[19:10] if you. And your is solely for what we're occupying. Correct?

[19:27] Not for the right. >> The whole, the whole. Use

[19:31] the religious facility acreage is 8.97 acres. And I'm asking

[19:37] you for the square footage you're going to be using for

[19:40] the three classrooms.

[20:03] >> I don't want to give an approximate. I'm pulling up the

[20:06] actual map. >> Thank you, I appreciate that.

[20:09] >> Sure. So draw in that.

[20:39] >> I'm going to have to do the math. And I'm going to include

[20:42] the conference room. So just the two classrooms.

[20:46] >> Now, the entire square footage that you intend to

[20:50] utilize. >> Yes. So we have.

[20:55] >> 20. 20. Five plus. Zero. Alrighty.

[21:10] >> So in total, 2075. >> Okay, perfect. The number I

[21:15] have two. So we're we're good. All right. And I'm, I'm

[21:22] presuming that you have entered into a lease agreement with the

[21:25] religious facility for the three classrooms.

[21:28] >> Yes. We have. >> Okay.

[21:31] >> Which is on hold until everything is squared away with

[21:35] the conditional use. So although we have the agreement,

[21:37] we don't have an effect. >> Right. Contingent on your

[21:42] getting the conditional use and probably contingent on your

[21:46] getting a license from the state, correct?

[21:49] >> Yes, that is correct. >> Yeah. Okay. All right. Is

[21:53] there anything further that you would like to tell me tonight

[21:57] about your application? >> Bear with me one second.

[22:28] No, I was just taking a look at the

[22:31] other pieces just to make sure that I wasn't missing anything.

[22:34] We have been in compliance with submitting all the required

[22:37] information that was required of us through the process. So I

[22:42] just would like to know perhaps what the next steps are from

[22:45] the hearing. This is my first one, so thank you for your

[22:48] patience with that, with answering the questions I have.

[22:50] >> Okay. But with regards to this application, I answer your

[22:53] question just a second. But with regards to this

[22:56] application, you feel like that you have told me everything

[23:00] there is to say, and you are asking that I grant the

[23:04] conditional use. >> Yes, that is correct. Yes.

[23:07] >> Okay. So the next step in the process is I will issue a

[23:15] decision and order, and it will either approve the conditional

[23:19] use as you're asking. It'll approve the conditional use

[23:23] with conditions and or it will deny the conditional use in the

[23:30] event. In the event that you are unhappy with my decision

[23:35] and order, you have a right to appeal to the Board of Appeals.

[23:40] And in case you're in that position, Miss Berg will help

[23:42] you through that process. And in the event you were unhappy

[23:46] with the Board of Appeals, you can always appeal to the

[23:50] Circuit Court for Howard County and then to the appellate court.

[23:54] But I don't think we're going to get there. So anyway, a

[23:58] decision I'm going to declare. Did that answer your question?

[24:04] >> Absolutely, yes. >> Okay. All right. So I'm

[24:06] going to declare that the evidentiary hearing in this

[24:08] matter is deemed to be concluded, and I will be

[24:12] issuing a decision and order shortly. Okay. And you'll

[24:17] receive it electronically. Miss Berg will send it out to you.

[24:20] And then assuming it is an approval or an approval with

[24:26] conditions, you would then take the next step in your process,

[24:30] and you probably will be asking the Department of Zoning and

[24:33] Planning and then processing through the State Board of

[24:38] Education or whomever, or health, whoever is going to be

[24:42] licensing your facility. >> No problem.

[24:46] >> Okay. All right. If we're good, I'm going to declare that

[24:51] this evidentiary hearing has been held. I've already said

[24:54] that. And a decision in order will be shortly forthcoming.

[24:57] And I thank you for your participation here tonight, and

[25:00] I wish you the best of luck. >> Thank you so much.

BA 26-010C - Persons' First, Inc.

Agenda

Transcript