[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.