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HomeMy WebLinkAbout2019 MinutesWASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING January 7, 2019 1 The Washington County Planning Commission held its regular monthly meeting on Monday, January 7, 2019 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Andrew Bowen, Jeremiah Weddle, Denny Reeder, Robert Goetz, Jr. and Ex-Officio Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director, and Cody Shaw, Chief of Plan Review. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. -NEW BUSINESS MINUTES Motion and Vote: Mr. Bowen made a motion to approve the minutes of the December 3, 2018 meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved with Commissioner Wagner abstaining from the vote. IVIODIFICATIONS Paul and Paula Rhoderick [OM-18-011) Mr. Shaw presented for review and approval a modification request to allow the 10,000 square foot septic reserve area for proposed lot 4 to be placed onto adjacent remaining lands. Section 307.2.E of the Washington County Subdivision Ordinance requires that each subdivided lot not connected to public sewer have a 10,000 square foot septic reserve area. The property will have an access easement to access the lot and the septic reserve area. The property is located at 10523 White Hall Road and is currently zoned A(R) -Agricultural Rural. All reviewing agencies had no comment or objection to the request with the exception of the Health Department which is requiring that the septic reserve area for Lot 4 be labeled for an at-grade mound system only and that the well needs to be drilled and located on the plat prior to approval. Discussion and Comments: Mr. Weddle noted that this farm is in the Next Generation Farmer program. Mr. Schreiber of Frederick, Seibert & Associates, the consultant, stated that the 1.72 acres for the house and septic reserve area will be taken out of the easement area for the program. Motion and Vote: Mr. Reeder made a motion to approve the request as presented. The motion was seconded by Mr. Goetz and unanimously approved. SITE PLANS Kelly Moore Sheds [SP-18-038) Mr. Shaw presented for review and approval a site plan for Kelly Moore Sheds located along the south side of Virginia Avenue. The property is approximately .41 acres and is currently zoned BL (Business Local). The applicant is proposing a shed sales business in addition to a BBQ food truck and retail sale area of seasonal fruits and vegetables. The hours of operation will be as follows: Kelly Moore Sheds, Monday - Sunday 9 am to 5 pm; food truck, Monday -Sunday 9 am to 5 pm; and retail fruits/vegetables, April - December, Saturday 10 am to 2 pm and Wednesday 4 pm to 7 pm. Total required parking spaces is 14; total parking provided will be 14 spaces. The site is served by public water from the City of Hagerstown and public sewer from Washington County. This site is exempt from storm water management requirements because there is less than 5,000 square feet of disturbance. The site is also exempt from Forest Conservation Ordinance requirements because there is less than 20,000 square feet of disturbance. Approvals have been received from Land Use Planning, Addressing and Engineering. The current revision is still being reviewed by the City of Hagerstown Water Department, Health Department, Soil Conservation District, Maryland State Highway Administration, and Washington County Department of Water Quality; approvals from these agencies are pending. 2 Discussion and Comments: Mr. Bowen asked if the applicant would be using the current access with improvements. Mr. Shaw stated the site currently has two access points; however, one will not be used. Motion and Vote: Mr. Bowen made a motion to grant staff the authority to approve the site plan upon receipt of all agency approvals. The motion was seconded by Mr. Weddle and unanimously approved. FOREST CONSERVATION Sharpsburg Pike Retail [FS-18-025] Mr. Allen presented for review and approval a variance request from Article 8.2.D(l) of the Washington County Forest Conservation Ordinance for the removal of specimen trees. The property is located along the west side of Sharpsburg Pike and encompasses five single-family parcels that are approximately¼ acre in size each. The properties are currently zoned HI (Highway Interchange). A simplified Forest Stand Delineation has been submitted which shows no forest on this site but does show two specimen trees. One is a 48" and one is a 50" Silver Maple. Specimen trees are defined in the Ordinance as "trees that are larger than 30" in diameter at breast height or 4 ½ feet off the ground". Specimen trees are prioritized for protection under Article 8.2 of the Forest Conservation Ordinance. If the variance is granted, the applicant could use the express procedure to mitigate forest conservation requirements. The applicant contends that without this variance being approved, the site will be undevelopable because protection of the critical root zone for those trees will cover most of the site. If the variance is approved, the Department of Natural Resources will be notified so they can determine if the approval was granted in the spirit of the Ordinance. Discussion and Comments: Mr. Bowen asked if any plans have been submitted for approval on this site. Mr. Allen stated that no plans have been submitted and the site plan will be reviewed by the Planning Commission at some point in the future. Motion and Vote: Mr. Bowen made a motion to approve the variance for the removal of two specimen trees as presented. The motion was seconded by Mr. Reeder and unanimously approved. -OTHER BUSINESS Update of Staff Approvals Mr. Shaw introduced the new Director of Plan Review and Permitting, Mr. Ashley Holloway. Mr. Shaw reported the following for the month of December: Land Development/Permit reviews: 9 entrance permits, 5 grading permits, and 1 flood plain permit. New submittals for Subdivision/Land Development: 1 town plan for Boonsboro; 1 storm water concept plan, 3 forest stand delineations, 1 ordinance modifications, 4 subdivision replats, 1 red-line revision, 4 site plans and 1 simplified plat. Approvals for Land Development: 1 preliminary/final plat with an associated forest stand delineation, 3 site plans (Neil's Auto Body addition, Sharpsburg Elementary School and Rockdale Solar) and 4 site plan red line revisions (Shops at Sharpsburg Pike, Emerald Pointe PUD commercial signage, Emerald Pointe PUD change in building footprint, Interstate Battery). -ADJOURNMENT Mr. Reeder made a motion to adjourn the meeting at 7:30 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, February 4, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING February 4, 2019 3 The Washington County Planning Commission held its regular monthly meeting on Monday, February 4, 2019 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Andrew Bowen, Jeremiah Weddle, Denny Reeder, Robert Goetz, Jr., David Kline and Ex-Officio Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Cody Shaw, Chief of Plan Review; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. :_NEW BUSINESS IYIINUTES Motion and Vote: Mr. Bowen made a motion to approve the minutes of the January 7, 2019 meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. MODIFICATIONS C:ascade Community Center -Lot 1 [OM-19-001) Mr. Shaw presented for review and approval a modification request to allow the creation of a lot without public road frontage. The 3.77 acre property is located at 14421 Lake Royer Drive and is currently zoned SED (Special Economic Development). The Cascade Community Center is currently existing on this property. The proposed application would put the community center on its own stand-alone parcel. The parent parcel has an existing private road network that has a signalized intersection with a state road. The plan proposes placing an easement on the parent tract to give the right to current and future occupants to travel over and across the existing road network. All reviewing agencies had no comment and no objection to the modification request. Mr. Shaw stated that if the modification request is granted, a subdivision plat will be forthcoming. Motion and Vote: Mr. Reeder made a motion to approve the modification request as presented. The motion was seconded by Mr. Goetz and unanimously approved. Sara Rall -Lot 1 [OM-18-012) Ms. Kelly presented for review and approval a modification request to create a lot without public road frontage for an immediate family member. The existing lane that serves the farmhouse crosses other property before it connects to the public right-of-way. The applicant intends to utilize the same lane to access the public right-of-way. Pere tests have been performed and approved. The two acre parcel being subdivided is currently within an agricultural preservation easement. The State Ag Preservation Board has approved the subdivision and location of the acreage to be released from the preservation easement. In addition to the modification request, a preliminary/final plat has been submitted to Plan Review & Permitting. Discussion and Comments: Mr. Schreiber of Frederick, Seibert & Associates, the consultant, gave a brief explanation of the shared lane. Ms. Rall, the applicant, stated that maintenance and upkeep of the lane is shared by all property owners. Mr. Schreiber suggested creating a recorded ingress/egress easement over the farm property to insure there is always access. Motion and Vote: Mr. Weddle made a motion to approve the modification request as presented. The motion was seconded by Mr. Reeder and unanimously approved with Mr. Goetz abstaining from the vote. 4 SUBDIVISIONS Ganesh Ill LLC -Lot 3 [S-18-013] Ms. Kelly presented for review and approval a preliminary/final plat for a proposed single commercial lot along the south side of Mason Dixon Road. The property is currently zoned HI (Highway Interchange). The developer is proposing to create a 5 acre commercial parcel for future development. In the future, the site will be served by public water from the City of Hagerstown and public sewer from Washington County. A site plan will be required for any development that occurs on the site. All agency approvals have been received. Forest conservation requirements were addressed under the Forest Conservation Master Plan for the lands of the Hagerstown-Washington County Industrial Foundation, the previous owner of the property. Motion and Vote: Mr. Bowen made a motion to approve the preliminary/final plat as presented. The motion was seconded by Mr. Goetz and unanimously approved. SITE PLANS Drosdak Farm Banquet & Reception Facility [SP-18-034] Ms. Kelly presented for review and approval a site plan for a proposed event center in an existing barn situated on a 35 acre parcel. The property is located along the east side of Mount Carmel Church Road and is currently zoned P (Preservation). Total square footage in the barn is 3,449 square feet. An outdoor tent (30 x 60 feet) is also to be used. The Board of Zoning Appeals approved this proposal on July 11, 2018 with the following conditions: • "Proposed use is limited to operation from April 1 to October 31 each year; • Proposed use shall operate from Tuesday to Sunday and shall maintain hours of 9:30 a.m. until 10:30 p.m.; and • Proposed use shall not exceed 125 guests for an event." The Board granted approval in the reduction of the front yard setback from 50 feet to O feet; parking requirements were reduced from 105 spaces to 63 spaces and parking can be on grass surfaces. These notes and conditions have been listed on the site plan. There will be no new employees and no freight and delivery services. The site is served by a private well. Portable restrooms will be provided for events. The Health Department restricts the facility to 14 events per year for a maximum duration of 14 days each when using temporary restroom facilities. There will be no new permanent lighting; temporary lighting will be used outside. Proposed signage will be building and pole mounted. The use is exempt from forest conservation requirements because there will be less than 20,000 square feet of disturbance. All agency approvals have been received. Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved. Evan Blumfield [SO-18-042] Ms. Kelly presented for review and approval a site plan for a proposed landscape contractors business. The property is located along Rock Bottom Lane south of Mt. Aenta Road and is currently zoned EC (Envir- onmental Conservation). The property owner is proposing to construct a 2,400 square foot building on his residential parcel for a landscape contractors business. An existing 2,600 square foot building is currently on the site and will be demolished. The total parcel area is 1.80 acres. There will be 4 employees. The hours of operation will be 7:00 a.m. to 4:00 p.m. weekdays. Four parking spaces are required; 8 spaces will be provided. The site is served by existing well and septic. There is no proposed signage. Lighting will be building mounted. Forest Conservation requirements will be met using the payment in lieu. All agency approvals have been received. Motion and Vote: Mr. Weddle made a motion to approve the site plan as presented. The motion was seconded by Mr. Kline and unanimously approved. Vinny's Towing and Recovery fSP-18-037] Ms. Kelly presented for review and approval a site plan for a proposed towing and recovery business including an office on 18.72 acres located along the north side of Beaver Creek Road. The property is currently zoned HI (Highway Interchange). There will be one access off of Beaver Creek Road. Phase 1 will include the construction of a 32 foot high, 9,000 square foot building which will contain an office and 4 service bays. In the future, Phase 2 will be a building addition of 9,000 square feet. A gravel parking lot 5 will provide areas for parked and towed vehicles and will be surrounded by an 8 foot high chain link fence with gate. The hours of operation will be 24 hours per day, 7 days per week. The site will be served by individual well and septic. A total of 13 parking spaces will be provided. Lighting will be building mounted; no signage is proposed. The site is surrounded by trees/woods and no additional trees will be planted. Forest Conservation requirements will be addressed by retaining 1.97 acres of existing forest on site. All agency approvals have been received. Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved with Mr. Goetz abstaining from the vote. FOREST CONSERVATION Blooming Meadows [S-12-003) Mr. Allen presented for review and approval a request to use natural re-generation to meet Forest Conservation Ordinance requirements for the Blooming Meadows subdivision. The property is located along the west side of Alternate Route 40 at Blooming Meadows Court. The property is 73.5 acres in size and is currently zoned A(R) -Agricultural Rural. Preliminary plats have been reviewed at various times throughout the past several years. The subdivision plat is for 9 lots and a simplified plat of subdivision for 3 lots; Blooming Meadows is shown as the remaining lands of The Pines subdivision. Mr. Allen noted that natural re-generation is listed in Article 10.1 of the Washington County Forest Conservation Ordinance as one of the less preferred methods afforest mitigation, but is still a viable option in the right circumstances. He stated that the applicant has made a good faith effort to retain as much forest on site as possible with a minimal amount of clearing. It was noted that the proposed natural re-generation area in question already nearly qualifies as forest, and will likely achieve that level of maturity without the need for supplemental planting by the property owner. Discussion and Comments: Members of the Commission expressed their opinions that natural re- generation is a preferable method of mitigation. There was some concern that property owners will clear the areas; however, staff will be responsible to inspect the property for appropriate signage indicating the forest conservation easement. Motion and Vote: Mr. Kline made a motion to approve the use of natural re-generation as mitigation to fulfill the Forest Conservation requirement for the Blooming Meadows subdivision. The motion was seconded by Mr. Bowen and unanimously approved with Mr. Weddle abstaining from the vote. -OTHER BUSINESS Demolition Permit 2018-05724 -18461 Manor Church Road Mr. Goodrich presented a demolition permit application for a two-story single-family dwelling and two storage barns on property located at 18461 Manor Church Road. He explained the policy adopted by the Board of County Commissioners in 1989 and the role of the Planning Commission when a demolition permit for properties listed on the Washington County Historic Sites Survey has been applied for. The Planning Commission's recommendation will not stop the demolition permit from being issued; however, the policy allows staff the time to discuss alternatives with the property owner, such as tax credits, historic preservation, etc. Mr. Goodrich noted that the Historic District Commission reviewed this application at its January meeting. The HDC recommended that the demolition permit should not be issued because, in its opinion, the house was too important as a record of the stone vernacular architecture and the relationship of this property to the Emmert family and their relationship to the nearby Manor Church. Alternatives to demolition were discussed during the HDC meeting in the presence of Mr. Householder, the property owner. Discussion and Comments: Mr. Weddle stated that he is very familiar with this property; he was renting it before it was sold and considered purchasing the property himself. He was inside the house several times and he expressed his opinion that only the limestone rocks were worth saving. Mr. Weddle believes the inside of the house needs to be gutted; there is a lot of water standing in the basement. Mr. Goodrich explained that during the Historic District Commission's meeting, Mr. Household presented photographs of the inside of the house. Mr. Douglass Reed, an experienced restoration contractor, expressed his opinion that the house could be saved and was not a lost cause. He acknowledged that rehabilitation and restoration of the house could be costly and time-consuming. Mr. Goodrich addressed the issue of water in the basement stating that the rainfall this year has been extraordinary; and, also, it is believed that this home was purposedly built over a spring. 6 Mr. Kline believes that historic buildings should be preserved; however, he is also a firm believer in personal property rights. He asked if the property being listed in the Historic Sites Survey would preclude it from being demolished. Mr. Goodrich stated that being listed in the inventory does not allow or disallow the property owner from doing things to the structure. It is Mr. Kline's opinion that the property owner has the right to do whatever he wants with his property and if the County wants to save historic structures it should consider purchasing those properties itself. Mr. Householder discussed the deteriorated condition of the barn and house. It is his desire to build a new home that is handicap accessible for his grandson. He expressed his opinion that the barn is not built to today's standards and way of farming. Mr. Wiley asked if the owner has considered any of the alternatives suggested by the HDC. Mr. Householder believes that the house could not be updated to current standards. Mr. Wiley stated that he has preserved historic homes; however, he does not believe that every historic structure needs to be preserved at all cost. Mr. Weddle concurred with Mr. Kline's comment that the County needs to find a way to purchase historic homes if they want them preserved. Motion and Vote: Mr. Kline made a recommendation to approve the demolition permit. The motion was seconded by Mr. Weddle and unanimously approved with Commission Wagner abstaining from the vote. Update of Staff Approvals Mr. Holloway presented the following update for January: approvals included 11 subdivision plats; 10 forest conservation plans; 7 storm water concept plans; 3 grading plans; 3 red line revisions, 1 ordinance modification; 1 site plan; and 1 standard storm water management plan. Projects submitted for review included 29 Land Development reviews and 12 building permit applications. -ADJOURNMENT Mr. Bowen made a motion to adjourn the meeting at 8:20 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, February 4, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING March 4, 2019 8 The Washington County Planning Commission held its regular monthly meeting on Monday, March 4, 2019 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Andrew Bowen, Jeremiah Weddle, Denny Reeder, Robert Goetz, Jr., David Kline and Ex-Officio Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Cody Shaw, Chief of Plan Review; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. -NEW 8l.JSINESS MINUTES Motion and Vote: Mr. Bowen made a motion to approve the minutes of the February 4, 2019 meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved. Motion and Vote: Mr. Goetz made a motion to approve the minutes of the February 13, 2019 workshop meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved. SUBDIVISIONS Harper Park [PP-15-001) Ms. Kelly presented for review and approval a preliminary plat for 73 single-family lots located on the west side of Paradise Church Road. The property is currently zoned RT (Residential, Transition). The total area of development is 52.3 acres; 15 acres are remaining. The site will be served by public water and public sewer. New streets will be constructed with access onto Paradise Church Road and an eventual interconnection with the Paradise Heights subdivision to the south. In 2016, the Planning Commission approved a modification to allow the creation of 5 panhandle lots. Final plats will be approved in phases based on offsite road improvements. In 2016, the developers of Harpers Park agreed to enter into a Memorandum of Understanding with the County. The MOU is based on several conditions; one of which states, "The first phase of 10 lots can be approved without any offsite improvements to Longmeadow Road". This condition has been changed to 14 lots instead of 10 lots; the 15th lot would trigger the required offsite improvements. Forest Conservation Ordinance requirements will be met by planting new forest and retaining existing forest on-site in the amount of 13 acres. All reviewing agency approvals have been received. Discussion and Comments: Commissioner Wagner asked if a traffic light would be installed at the intersection of Longmeadow Road and Paradise Church Road. Mr. Goetz noted that the MOU states, "At the same time as developer widens Longmeadow Road, the County will enter into an agreement with developer and pay for a traffic signal at intersection with Paradise Church Road". Mr. Bowen asked if the proposed development is inside the Urban Growth Area. Mr. Schreiber stated it is in the UGA. He also noted that a reserved access has been requested by the County for the adjacent property for future access and connectivity. There was a brief discussion regarding the future expansion of Paradise Church Road at its intersection with Marsh Pike. Mr. Goodrich noted that funds are currently in the proposed CIP in the year 2025. Mr. Goetz made an inquiry regarding the widening of Longmeadow Road. Ms. Kelly was not familiar with the plans, which would be handled through the County's Engineering Department. Mr. Bowen recommended additional information be provided when the final plans are submitted for review. Ms. Kelly stated that the Planning Commission does not normally review the final plats which are approved by staff unless there is a problem or issue that needs Planning Commission consideration and input. Mr. Bowen suggested that when the plat for the 15 th lot is submitted, the planner s.hould remind the Planning Commission about the required offsite improvements that have been agreed upon between the County and the developer. 9 Motion and Vote: Mr. Reeder made a motion to approve the preliminary plat as presented. The motion was seconded by Mr. Goetz and unanimously approved. Mr. Bowen left the meeting at 7:15 p.m. SITE PLANS Millstone Solar [SP-18-043] Ms. Kelly presented for review and approval a proposed solar energy generating system on a leased area of 11.30 acres within a 61.61 acre parcel. The property is located along the north side of Millstone Road and is currently zoned EC (Environmental Conservation). The system will consist of approximately 7,904 solar modules on a ground mounted system. The entire system will be surrounded with a minimum 8 foot fence. There will be no employees or customers; visits will be twice a year for repair and maintenance and mowing on a periodic and as needed basis. Upon termination of the lease, all equipment will be removed and the property will be returned to its current composition. Access to the site will be from an entrance on Millstone Road. In October 2018, the Board of Appeals granted a special exception to establish the proposed system with the condition that the site be limited to 15 acres. Forest Conservation requirements will be met by retaining existing forest on-site in the amount of 2.04 acres. A separate forest conservation easement plat has been submitted and is currently under review. All reviewing agency approvals have been received. Discussion and comments: Mr. Kline asked if the solar generating system would be visible from the C & 0 Canal. Mr. Gordon Poffenberger of Fox & Associates, Inc. (the consultant), stated there is a row of trees along the south side of the array along Millstone Road. He believes this would shield the C & O Canal from the arrays. Ms. Baker expressed her opinion the Canal would be at a lower elevation than the array and may be visible only when the leaves are not on the trees. Mr. Weddle asked if the developer has a maintenance plan. It was noted that the developer will be planting a blend of rye and three different types of clover which will be cut 3 or 4 times per year as needed. There was a brief discussion regarding the proposed fencing, which will be an agricultural style fencing. It will be 8 feet high with no barbed wire on top. Motion and Vote: Mr. Goetz made a motion to approve the site plan as presented with the developer using an 8 foot fence. The motion was seconded by Mr. Kline and unanimously approved. North End StorafilW [SP-19-001] Ms. Kelly presented for review and approval a site plan for the construction of 73 self-storage units on 4.83 acres located along the southwest side of Longmeadow Road. The property is currently zoned BL (Business Local). The units will be divided into three buildings with permeable paving between. Hours of operation will be 7 days per week, 24 hours per day. There will be no water or sewer facilities. Four parking spaces will be required and 5 spaces will be provided. Lighting will be building mounted. A sign will be located on the left side of the entrance. Landscaping will be located in front of the site. Forest Conservation requirements will be met by retaining existing forest on site in the amount of .94 acres and paying the fee in lieu of $7,710.12. A separate forest conservation easement plat has been submitted and is currently being reviewed. All reviewing agency approvals have been received. Motion and Vote: Mr. Goetz made a motion to approve the site plan as presented. The motion was seconded by Mr. Reeder and unanimously approved. Washington County Safety Training Complex [SP-18-044] Mr. Shaw presented for review and approval a site plan for a proposed public safety training complex on 49.59 acres located along the west side of Sharpsburg Pike. The property is currently zoned RT (Residential Transition). Hours of operation will be Monday thru Friday, 7 a.m. to 10 p.m., and Saturday and Sunday, 8:30 a.m. to 3:30 p.m. Total required parking spaces is 169; parking provided will be 176 spaces. The site will be served by public water from the City of Hagerstown and public sewer from Washington County. Storm water management for the site will be handled via storm water bio-retention areas. Forest Conservation requirements are currently being reviewed and discussed. Lighting will be pole and building mounted. The photometric plan meets all County standards and requirements. No reviewing agency approvals have been received and staff is requesting that the Planning Commission grant staff the authority to approve the plan once all agency approvals have been received. 10 Discussion and Comments: Mr. Reeder asked if the proposed parking requirements will accommodate future growth. Mr. Shaw stated that parking requirements would be reviewed during future phases of development. Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan pending receipt of all agency approvals. The motion was seconded by Mr. Weddle and unanimously approved with Commissioner Wagner abstaining from the vote. EOREST CONSERVATION Washington County Safety Training Complex (FP-19-002] Mr. Allen presented for review and approval a request to remove two specimen trees on the site of the proposed Washington County Safety Training Complex located on Sharpsburg Pike. The Forest Conservation Plan proposes 5.25 acres of forest clearing and the removal of two different specimen trees (a 35" White Mulberry and a 34" Black Cherry). Specimen trees are described in the Forest Conservation Ordinance as trees that are greater than 30" in diameter, 4 ½ feet off the ground. Trees of this size are prioritized for retention under Article 8.2 of the Ordinance. There are 25 specimen trees on the site; 23 trees will be retained. The applicant has tried to minimize forest clearing to the greatest extent possible. The applicant, in their request, states that due to site conditions and slope, storm water must be drained to the south of the building which is the current location of these two trees and where it is proposed a drain would be located. They also noted that the removal of the forest around the specimen trees from site grading would likely result in their mortality regardless. Motion and Vote: Mr. Reeder made a motion to approve the variance request to remove two specimen trees. The motion was seconded by Mr. Kline and unanimously approved with Commissioner Wagner abstaining from the vote. Andrew Michael Forest Mitigation Bank [FBK-19-001] Mr. Allen presented for review and approval a request to establish a 9.62 acre forest mitigation bank along Cearfoss Pike, just west of the Cearfoss traffic circle. The property is currently zoned A(R) -Agricultural Rural. The purpose of forest mitigation banks is to provide off-site mitigation for forest conservation when developers must offset regulated forest clearing. To utilize acreage contained within the forest bank, a prospective future development project must demonstrate that they cannot reasonably accomplish other, more preferred techniques. If demonstrated, credits can be purchased from the bank to meet forest mitigation requirements for the proposed project. Article 20 of the Forest Conservation Ordinance notes the targeted characteristics for establishing a new forest bank. Specific environmental characteristics of this site includes: a forest buffer to an intermittent stream; a wetland listed on the National Wetlands Inventory; a perennial stream and flood plain immediately off the subject site connected to Toms Run; and a 153 acre MET land conversation easement immediately adjacent. Staff is seeking approval to establish the forest mitigation bank upon the condition that all other requirements are successfully met. Motion and Vote: Mr. Reeder made a motion to approve the forest mitigation bank contingent upon the applicant meeting all other requirements. The motion was seconded by Mr. Kline and unanimously approved with Commissioner Wagner abstaining from the vote. Professional Court Lot 8 fFP-19-003] Mr. Allen presented for review and approval a request to utilize on-site natural regeneration to satisfy the remaining 0.14 acre planting requirement for the extension of Professional Boulevard. The property is owned by the Washington County Mental Health Center and is located within the City of Hagerstown. There are two different mitigation plats that will accompany the construction of Professional Boulevard. The second property is immediately adjacent to this site and is owned by Nationwide Health Properties. The second plat is listed as County file FP-19-004. Natural regeneration is a less preferred option but still very viable under the right circumstances. Mr. Allen stated that the overall forest conservation plan would retain a useful forest buffer immediately next to the Antietam Creek and would provide for the planting of 193, 3" caliper street trees. The natural regeneration area is being proposed in an area at the Mental Health Center with forest on all sides. Motion and Vote: Mr. Kline made a motion to approve the request to utilize on-site natural regeneration for the Professional Boulevard extension project. The motion was seconded by Mr. Weddle and unanimously approved with Commissioner Wagner abstaining from the vote. 11 -OTHER BUSINESS MPCA_Worksho2 Mr. Doug Wright, MPCA Board member and Chairman of the City of Hagerstown Planning Commission, gave a brief presentation on the upcoming Regional Planning Commissioners Workshop. This workshop will be held on Friday, March 29 from 10:0D a.m. to 3:00 p.m. at USMH. This will be a free event and will include a free luncheon. Update of Staff Approvals Mr. Holloway presented the following update for February: 17 permit approvals and 21 Land Development approvals including 3 simplified plats, 1 forest stand delineation, 3 forest conservation plans, 1 traffic impact study, storm water concept plans, grading plans; and 1 red line revisions. Discussion of Proposed Text Amendments Ms. Baker presented two proposed text amendments that will be heard by the Planning Commission at its April meeting. The first text amendment is related to alcohol manufacturing uses. Ms. Baker noted there is currently some interest in farm distilleries but the County does not have any regulations in its Zoning Ordinance. This would be similar to the wineries which are required to produce a minimum of 2 acres of product on site used as part of the fermenting/distilling/brewing process. State law has recently added pub breweries and microbreweries which will also be included in this amendment. The second amendment is related to mineral extraction operations. In the previous Zoning Ordinance, before the Rural Area rezoning, there were definitions for low, moderate and high mineral extractions. The low volume extraction was applied to one acre of land or less; the moderate volume extraction was applied to less than five acres of land; and high density extraction was applied to more than five acres of land. The definitions were carried forward to the new Ordinance; however, the land uses did not carry forward to the Land Use Chart. Currently, as the Ordinance is written, an Industrial Mineral Overlay is required for any mineral extraction. The proposed text amendment would correct this issue. CIP Recommendation Mr. Goodrich briefly reviewed new projects proposed as part of the Capital Improvements Plan for the upcoming fiscal year. He explained that growth supporting projects should be within the Growth Area and projects in the Rural Area are meant to improve safety and bring facilities up to a minimum standard. The Planning Commission is charged with determining if these projects are consistent with the County's Comprehensive Plan. Staff has reviewed the proposed projects and recommends a Planning Commission position that the CIP is consistent with the Comprehensive Plan. Discussion and Comments: Mr. Wiley asked if the Professional Boulevard Bridge is included in the CIP. Mr. Goodrich stated that the Professional Boulevard Bridge is not in the list of new projects; however, it is included in the project for the road construction in the CIP. Mr. Wiley stated that the Planning Commission supported this project in the past and continues to support it. He noted that a recent article from the US Bureau of Economic Analysis names Washington County as having the fastest growing GDP (Gross Domestic Product) in the State of Maryland. He expressed his opinion that now is not the time to pull back on this project which will encourage growth. Other Commission members agreed with Mr. Wiley and reiterated the importance of this project and the Planning Commission's support. Motion and Vote: Mr. Kline made a motion to recommend that the Planning Commission finds the proposed CIP to be consistent with the County's Comprehensive Plan. The motion was seconded by Mr. Reeder and unanimously approved. Financial Disclosure Statement Mr. Goodrich distributed the Financial Disclosure Statements which are required to be completed by each Planning Commission member on a yearly basis. He asked that Commission members complete the form and return to staff. -ADJOURNMENT Mr. Weddle made a motion to adjourn the meeting at 8:30 p.m. The motion was seconded by Commissioner Wagner and so ordered by the Chairman. 12 -UPCOMING MEETINGS 1. Monday, March 18, 2019, 6:30 p.m., Washington County Planning Commission Civility Training and Workshop meeting, Washington County Administration Building, 100 W. Washington Street, Room 2001, Hagerstown, MD 21740 2. Monday, April 1, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING April 1, 2019 13 The Washington County Planning Commission held its regular monthly meeting on Monday, April 1, 2019 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Andrew Bowen, Denny Reeder, Robert Goetz, Jr., David Kline and Ex-Officio Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Cody Shaw, Chief of Plan Review; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. PUBLIC INFORMATION MEETING RZ-19-001-Text Amendment -Alcohol Manufacturing Facilities Staff Presentation Ms. Baker presented a text amendment application to amend several sections of the Washington County Zoning Ordinance to address uses associated with alcohol manufacturing facilities. Recent State legislation has expanded the types of manufacturing licenses for alcohol manufacturing which includes: limited commercial wineries, limited commercial breweries [micro-breweries], pub-breweries and limited commercial distilleries. The proposed amendments seek to incorporate these new license types into the local Ordinance to help support and grow the local economic development opportunities in the County. Included in the proposed amendments: • Adding definitions for limited commercial breweries [micro-breweries] and pub-breweries; • inclusion of limited commercial breweries and pub-breweries as a special exception use in the BL (Business Local) district; as a permitted use in the BG (Business General) (thereby also permitted in the Planned Business (PB) and Highway Interchange (HI) zoning districts) and Rural Business (RB) districts; • Deletion of commercial breweries as a special exception in the AR (Agricultural, Rural), EC (Environmental Conservation), P (Preservation) and RV (Rural Village) districts and replacing it with inclusion of limited commercial breweries as a special exception use in these zoning districts; • Deletion of commercial breweries as a permitted use in the RB district and replace with limited commercial breweries as a permitted use in the RB district The State also added a new manufacturing license for distillery operations. The proposed text amendment includes: • Adding a new definition for the limited commercial distillery; • Adding a new definition of commercial distillery to better clarify the difference between uses; • Adding a new definition for farm distillery; • Inclusion of limited commercial distilleries as a special exception use in the BL district; as a permitted use in the BG (thereby also permitted in the PB and HI districts) and RB districts; and as a special exception use in the AR, EC, P and RV districts; • Inclusion of farm distillery as a permitted use in the A(R), EC, P and RV districts. The State has approved manufacturing licenses for winery operations since the County amended its ordinance in 2012. The proposed amendments include the following: • Adding a new definition for a limited commercial distillery • Adding a new definition of commercial distillery to clarify the difference between uses; • Deleting commercial wineries as a special exception use in the AR, EC, P and RV districts and replacing it with limited commercial wineries as a special exception use in the AR, EC, P and RV districts • • Deleting commercial wineries as a permitted use in the RB district and replacing it with limited commercial wineries as a permitted use in the RB district; Inclusion of limited commercial wineries as a special exception use in the BL district; as a permitted use in BG (thereby also permitted in the PB and HI districts) districts 14 Citizen Comm~nts • Jason Divelbiss, 11125 Bemisderfer Road, Greencastle, PA 17225 -Mr. Divelbiss expressed his opinion that the use of the word "manufacturing" eludes to a larger scale operation. He believes that the term "alcohol production facility" is a more universal term and more appropriate for the scale of most of the operations in the County. Mr. Divelbiss expressed his opinion that the regulations should be the same for all alcoholic production facilities. He suggested regulating the facilities in two ways: 1) as alcohol production facilities in general, or 2) as a farm-based alcohol production facility with one unified definition for both facilities regardless of the beverage generated. His definition of the alcohol production facility is "a production facility that manufactures an alcoholic beverage pursuant to a State issued manufacturing license" and the farm based alcohol production facility could be defined as "an alcohol production facility located on a parcel of land that has an agricultural use assessment". Mr. Divelbiss noted there is a specific requirement in the farm based facilities that a minimum of two acres of ag product be produced on the land to be used in the manufacturing process. He believes this could limit the facility due to one of the following issues: the State regulations change; the facility outgrows the agricultural production capacity of the land upon which it is located or seasonal or unexpected damage to the agricultural products. This requirement would ignore the potential cost-effectiveness of purchasing the raw materials to use in the manufacturing process. He believes there is a real risk in trying to regulate these facilities within the zoning context and having it be inconsistent with how the uses are regulated at the State licensing level. Mr. Divelbiss believes these facilities could be a real economic benefit to the County and that they should be allowed wherever appropriate. He believes these facilities should be a permitted use in the IR district and allowed by special exception in residential districts. He also believes they could be accessory components for restaurants, taverns, liquor stores or other food type establishments. Discussion: Mr. Reeder asked how much alcohol can be produced before it is considered a commercial facility. Ms. Baker stated that the State regulates these issues through its manufacturing licenses. She briefly discussed ways the County is trying to link its regulations with those of the State. Mr. Bowen expressed his opinion that the Commission should focus on where the proposed facilities would be appropriate and not so much on the manufacturing issues. Mr. Goetz concurred with this comment. There was a brief discussion regarding the 2-acre minimum requirement for growing the ag product on the land to be used in the manufacturing process. Ms. Baker explained that this requirement was discussed with winery owners, farm winery associations, the County's ag support specialist, and staff from the County's Business Development department when amendments for farm wineries were adopted in 2012. This requirement shows a commitment by farm owners that they intend to be a farm-based business and not a commercial business. RZ-19-002 -Text Amendment -Mineral Extraction Mr. Allen presented a text amendment application to amend several sections of the Washington County Zoning Ordinance pertaining to the regulation of mineral extraction activities. The proposed language was unintentionally omitted in prior text amendments particularly after the 2005 rural area rezoning. The proposed amendments do not promote an expansion of this type of land use across the County. Prior to the 2005 Rural Area rezoning, there were three classifications for mineral extraction: • Low Volume Operations -defined as an operation that the land area disturbed is less than one acre • Moderate Volume Operation -defined as an operation between one and five acres and can include mineral processing facilities • High Volume Operation -defined as an operation greater than five acres and where an Industrial Mineral overlay is required to engage in that type of land use. Proposed amendments include: • Inclusion of the three classifications in the Table of Land Use Regulations (Article 3.3) and in the corresponding zoning districts where they are allowed • The definitions for each classification would be updated as proposed in Article 4.14 • Low volume mineral extraction would be added to the A(R), EC, P, RB and IM districts in the Table of Land Uses for the Rural Area. It would also be added as a principal permitted use in the BL, BG, IR, IG, ORT, ORI and ERT zoning districts. A grading plan would be required showing the existing and proposed surface contours and provide for the property's revegetation. • Moderate volume mineral operations would be added as a special exception in the Table of Land Uses for the A(R), EC, P and IG districts. Moderate volume mineral extraction is already allowed 15 as a special exception in the IG District, but the text would be replaced as proposed. A grading plan meeting the same requirements as those for low volume operations will be required for approval. Moderate volume operations are also subject to the requirements of Sections 15.4, 15.5 and 25.6 of the Zoning Ordinance. • High volume operations will continue to be permitted only with the application of the IM overlay. New IM districts cannot be established within the adopted urban growth area, town growth areas or rural villages. • All volume classifications will be subject to the performance standards in Section 4.12. The public information meeting concluded at 7:45 p.m. -NEW BUSIN~SS MINUTES Motion and Vote: Mr. Bowen made a motion to approve the minutes of the March 4, 2019 meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. SUBDIVISIONS Cascad!! Community Center -Lot 1 [S-19-006} Mr. Shaw presented for review and approval a preliminary/final plat for Lot 1 of the Cascade Community Center located at 14421 Lake Royer Drive. The property is 3.77 acres and is currently zoned SED (Special Economic Development). At the February 4, 2019 meeting, the Planning Commission approved a modification request to create a lot without public road frontage. The property contains the existing community center. The purpose of this plat is to create a standalone parcel for the property. Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the preliminary/final plat after all agency approvals have been received. The motion was seconded by Mr. Goetz and unanimously approved. SITE PLANS Taco Bell [SP-18-024] Ms. Kelly presented for review and approval a site plan for Taco Bell to be located along the east side of Sharpsburg Pike. The property is currently zoned HI (Highway Interchange). The developer is proposing to construct a 2,430 square foot restaurant with drive-thru. One access will connect the site from an interior street built by the land developer. A right-in only from the Sharpsburg Pike will aid customers in accessing the site. The site will be served by public water and public sewer. Hours of operation will be 7:00 a.m. to 2:00 a.m., 7 days per week. There will be an average of 6-7 employees per shift. There will be two deliveries per week when the restaurant is closed. Required parking is 32 spaces; 44 spaces will be provided. There will be a pylon sign located adjacent to Sharpsburg Pike and building mounted signs. Lighting will be pole and building mounted. Landscaping will include a variety of trees, shrubs and ground cover which will be in the front and rear of the building, throughout the parking lot and around the perimeter of the parking and drive-thru areas. Forest Conservation Ordinance requirements were addressed when the preliminary plat for the Shops at Sharpsburg Pike was approved; a payment-in-lieu was paid in the amount of $94,163.11. Approvals are pending from the City of Hagerstown Water Department and the Health Department. All other agency approvals have been received. Motion and Vote: Mr. Goetz made a motion to grant staff the authority to approve the site plan pending receipt of all agency approvals. The motion was seconded by Mr. Kline and unanimously approved. Mennonite School [SP-19-006] Ms. Kelly presented for review and approval a site plan for a proposed private school to be located at 17003 Sakech Lane. The property is currently zoned A(R)-Agricultural Rural. The owners are proposing to construct a 20,428 square foot school on a 15 acre parcel. The proposed building height is 20 feet. This will be a private school for grades K-12 with a maximum capacity of 150 students. The new school will replace the existing school currently located at Huyetts Crossroads. One access will be off of the Cearfoss Pike. A decel lane is proposed for the north side of the access. Public water and individual septic will serve the school. Hours of operation will be Monday through Friday, 7:00 a.m. to 5:00 p.m. There will be 10 employees. Required parking is 30 spaces and 70 spaces will be provided. There will be one delivery per week. Lighting will be building mounted and pole mounted throughout the parking lot. A proposed loading 16 zone will be located in front of the school. This will provide an area for both fire trucks and access for cars, if needed. Signage will be building mounted. Landscaping will be provided around the school, in the parking lot and in the bio-retention pond. Forestation requirements will be met by retaining existing forest off-site on lands of Andrew Michael. The Planning Commission reviewed the plans for a Forest Bank for Mr. Michael at its March 4th meeting. Motion and Vote: Mr. Bowen made a motion to allow Forest Conservation requirements to be met using the Forest Bank for Andrew Michael, pending approval of the forest bank by the Board of County Commissioners. The motion was seconded by Mr. Reeder and unanimously approved with Commissioner Wagner abstaining from the vote. Motion and Vote: Mr. Bowen made a motion to grant staff the authority to approve the site plan pending all agency approvals and approval of the forest bank for Andrew Michael. The motion was seconded by Mr. Kline and unanimously approved with Commissioner Wagner abstaining from the vote. FOREST CONSERVATION Sam and Cassandra Billotti {FP-19-006; S-18-038] Mr. Allen presented for review and approval a request to utilize off-site retention to meet remaining forest conservation requirements for a proposed three lot family subdivision located at 14515 Round House Farm Lane. The property is currently zoned A(R) -Agricultural Rural. The off-site retention would be at Kirk Woods Park in Hancock. Off-site retention if one of the least preferred options for forest mitigation and requires the developer to do 2:1 mitigation to satisfy the acreage requirements. A justification letter was submitted by the applicant. Motion and Vote: Mr. Kline made a motion to approve the request for off-site retention to meet forest conservation requirements for Sam and Cassandra Billotti. The motion was second by Mr. Reeder and unanimously approved. OTHER BUSINESS Rosewood Commons_Shared Parkin~uest Mr. Shaw presented a shared parking request for Rosewood Commons within the Rosewood Village PUD. Rosewood Commons was approved as part of the Rosewood Phase IIA project and was described as "retail and office space" with minimum requirements for parking based on retail uses at 5.5 spaces per 1,000 square feet of gross floor area (122 required parking spaces) with 125 spaces provided including 5 handicapped spaces. Over the years, the occupancy has changed from mainly retail to food service estab- lishments. Currently there are 7 restaurants, 2 retail businesses, both of which occupy two tenant spaces, and 5 vacant units. According to the applicant, there is 11,102 square feet of restaurant space which requires 1 space per 75 square feet of gross floor area which equates to 148 parking spaces. This well exceeds the number of spaces currently existing at the shopping center. Until the parking issue has been resolved, the applicant has been advised that no new building permit applications or zoning certifications will be processed. The current food service establishments need 148 parking spaces and the retail needs 77 parking spaces for a total of 225 parking spaces. There are currently 125 parking spaces; leaving 100 spaces needed. The applicant provided a sketch showing the proposed shared parking spaces that would be utilized by the employees throughout the Rosewood PUD. The applicant noted that the restaurants have varying hours of operation and are not all open at the same time. Discussion and Comments: It was noted that the proposed shared parking areas would be located in some of the residential lots; however, according to the applicant this will not affect the parking of residents. Commission members expressed many concerns including the following: 1) would residents have enough parking; 2) safety of employees walking from the parking areas to work; 3) parking for the next tenant that wants to lease space in the Commons; 4) negative effects on the current businesses; 5) negative effect on the property owner because available space is sitting empty. Planning Commission members tabled this discussion until additional information can be obtained from the owner including: how does this impact the remainder of the PUD; the size of existing businesses and evaluation of operating hours; and will the vacant spaces be leased to more food services or retail business and how will the future parking problem be solved. Members were encouraged to drive by the areas at different times throughout the day. 17 Update of Staff Approvals Mr. Holloway presented the following update for March: Land Development -4 standard grading plans; 4 site plans, 4 forest stand delineations, 2 road adequacy plans, 6 storm water concept plans, 1 traffic study, 1 preliminary consultation, 1 preliminary/final plat, and 2 red-line revisions; Permits -15 grading permits, 13 utility permits, 12 entrance permits and 2 non-residential new construction permits. -ADJOURNMENT Mr. Bowen made a motion to adjourn the meeting at 8:30 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, May 6, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 ectfully submitted, WJ· Clint Wiley, Chain;nan WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING May 6, 2019 18 The Washington County Planning Commission held its regular monthly meeting on Monday, May 6, 2019 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Denny Reeder, Robert Goetz, Jr., David Kline, Jeremiah Weddle, and Ex-Officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Deputy Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Cody Shaw, Chief of Plan Review; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. OLD BUSINESS RZ-19-001-Text Amendment -Alcohol Manufacturing_facilities During the April 1, 2019 public information meeting, Ms. Baker presented a text amendment application to amend several sections of the Washington County Zoning Ordinance to address uses associated with alcohol manufacturing facilities. Public comments from the April 1st meeting as well as comments received via e-mail were distributed to the Commission members. Discussion and Comments: Mr. Wiley reminded Commission members that Mr. Bowen, during the previous meeting, expressed his concerns with regard to the location of alcohol manufacturing facilities especially in residential areas. Mr. Kline stated that he likes the idea of simplifying an agricultural based alcohol manufacturing facility and he agrees that these facilities should not be located in residential neighborhoods. Ms. Baker explained that the proposed amendments would allow these facilities as a special exception use in the rural areas of the County with the exception of the farm breweries, wineries and distilleries which would be a principal permitted use. A pub brewery would not be permitted in the rural areas but would be considered a rural business because a pub brewery must be associated with a restaurant which is permitted in a rural business district. Staff is proposing to link the County's Ordinance with State Code because there are definitions that are unique to alcohol manufacturing facilities. There was a brief discussion with regard to manufacturing alcohol for private consumption or for public consumption. Public safety is of utmost concern to staff as well as Commission members. Members also discussed at what point the business becomes commercialized versus an agricultural element for a small business. Ms. Baker explained this is the reason for the minimum requirement of 2 acres of product grown on the property to be used in the manufacturing of the specific product. Mr. Goetz expressed his opinion that regardless of the type of business being conducted, requirements for the establishment of these types of businesses should be the same. Mr. Weddle expressed his opinion that there should be some setback regulations for planting grapes on land adjacent to other agricultural activities. Consensus: Members agreed that if the public is coming to the property regardless of the type of retail based business (i.e. tasting room, ice cream shop, etc.) the same requirements should be required including a site plan for the facilities. It was decided that the current text amendment application should be withdrawn at this time and a new application submitted to include recommendations made by Commission members. As part of the new application, members will consider setback requirements for planting grapes along property lines next to other agricultural uses. However, Mr. Goetz expressed his concern that there may be consequences in the future to such a requirement. RZ-19-002 -Text Amendment -Mineral Extraction During the April 1· 2019 public information meeting, Mr. Allen presented a text amendment application to amend several sections of the Washington County Zoning Ordinance pertaining to the regulation of mineral extraction activities. No public comments have been received regarding these amendments. 19 Motion and Vote: Mr. Reeder made a motion to recommend approval of the proposed text amendments to the Board of County Commissioners. The motion was seconded by Mr. Goetz and unanimously approved with Commissioner Wagner abstaining from the vote. Rosewood Commons Shared Parkingjkg_uest During the April 1, 2019 regular meeting, Mr. Shaw presented a shared parking request for Rosewood Commons within the Rosewood Village PUD. The developer has provided additional information in response to questions from the Commission last month. The maximum projected parking requirement is 243 spaces with 121 spaces being shared parking with the Rosewood PUD. The Rosewood PUD has a total of 736 parking spaces provided; the maximum parking required is 702 spaces. Therefore, there would be 34 extra spaces provided above the minimum requirement. Mr. Shaw noted that a redline revision to the site plan would be required to show the updated parking request, if approved. Discussion and Comments: There was a brief discussion with regard to the vacant store fronts at Rosewood Commons and parking for these businesses in the future. It was noted that the shared parking areas away from the businesses are to be used by employees, not patrons. Mr. Kline expressed his concern that there are no designated crosswalks when using the shared parking lot across the road from Rosewood Commons. Motion and Vote: Mr. Reeder made a motion to approve the shared parking request. The motion was seconded by Mr. Goetz and unanimously approved. -NEW BUSINESS MINUTES Motion and Vote: Mr. Kline made a motion to approve the minutes of the April 1, 2019 meeting as presented. The motion was seconded by Mr. Reeder and unanimously approved. Mr. Goetz left the meeting at 7:45 p.m. SUBDIVISIONS Perini Industrial Land LLC [S-19-0031 Mr. Shaw presented for review and approval a preliminary/final plat for Lot 3 of Perini Industrial Land LLC located along the west side of Crayton Boulevard. The property is 10.18 acres in size and is currently zoned HI (Highway Interchange) with an AP/HW (Airport/Hazardous Wildlife Attractant Management) overlay. This plat is the result of an associated grading plan for Vista Business Park -Perini Avenue Extension, which will be connected to Crayton Boulevard thereby creating a subdivision. All agency approvals have been received with the exception of Plan Review Land Use, City of Hagerstown Sewer Department and Washington County Health Department. Motion and Vote: Mr. Kline made a motion to grant staff the authority to approve the plat pending receipt of all agency approvals. The motion was seconded by Mr. Weddle and unanimously approved. SITE PLANS Project Snowman [SP-19-012] Mr. Shaw presented for review and approval a site plan for a proposed manufacturing warehouse located at 100 Tandy Drive. The property is 20.5 acres in size and is currently zoned IG -Industrial General. The functional description of the site is for the manufacturing of roofing membranes and polyisocyanurate insulation materials and storage/distribution of roofing materials. The hours of operation will be 24 hours per day, 7 days per week. Total required parking spaces is 40; 126 spaces will be provided. The site will be served by public water and public sewer from the City of Hagerstown. Storm water management will be handled via underground treatment facilities and a regional pond facility. The developer is requesting the use of the payment-in-lieu tci meet Forest Conservation requirements. All agency approvals have been received with the exception of the Health Department and Soil Conservation District. Motion and Vote: Mr. Kline made a motion to grant staff the authority to approve the site plan pending receipt of all agency approvals. The motion was seconded by Mr. Weddle and unanimously approved. 20 Hub City Vineyards [SP-19-009] Ms. Kelly presented for review and approval a site plan for Hub City Vineyard Church at the current site of the Church of the Holy Trinity located along the south side of Oak Ridge Drive. The property is currently zoned RU -Residential Urban. Hub City Vineyard is proposing to construct a 13,007 square foot addition to the existing 14,600 square foot Church of the Holy Trinity. Both congregations will use the enlarged church for services. Hub City Vineyard will also run a child daycare facility during the week. The church offices are currently located in a separate building behind the church, which will remain as an office for both churches. An existing child play area and pavilion will remain. The site will have two entrances -one from Glenside Avenue and an exit only onto Oak Ridge Drive. Public water and public sewer will serve the site. Church services will be held on Sunday mornings. The child daycare facility will be open Monday thru Friday from 6:00 a.m. to 6:00 p.m. Parking required is 152 spaces; 164 spaces will be provided. A screened dumpster will provide for solid waste. Site lighting will be building mounted and pole mounted in the parking lot. Site signage will be building mounted. The owners are proposing to use the payment-in-lieu option in the amount of $5,096.52 to meet Forest Conservation Ordinance requirements. Landscaping will be located around the church and throughout the parking lot. Storm water management will be provided via a bio-retention pond. Ms. Kelly noted that when turning left onto Halfway Boulevard there is an embankment which will be graded slightly to help improve sight distance. Upgrades to the intersection by the developer will be completed at the access permitting stage. Motion and Vote: Mr. Kline made a motion to grant staff the authority to approve the site plan pending receipt of all agency approvals and to approve the payment-in-lieu fee to meet forest conservation requirements. The motion was seconded by Mr. Reeder and unanimously approved. FOREST CONSE_RVATION Bowman Truck Terminal fFP-19-007; GP-18-008] Mr. Allen presented for review and approval a request to utilize off-site retention to satisfy the .87 acre planting requirement for the grading of three lots adjacent to the existing truck terminal at 10038 Governor Lane Boulevard. The developer is proposing off-site forest retention on a 75.38 acre parcel owned by Mr. Bowman (the developer). Because off-site retention is a less preferred option for mitigation as described in the County's Forest Conservation Ordinance, 1.74 acres of off-site mitigation is required. Motion and Vote: Mr. Reeder made a motion to approve the off-site retention request as presented. The motion was seconded by Mr. Kline and unanimously approved. Fountainhead Properties Management [FP-19-009] Mr. Allen presented for review and approval a request to move a disturbed portion of an existing forest conservation easement at 13716 Crayton Boulevard off-site into the Andrew Michael forest mitigation bank recently established near Cearfoss. The applicant is requesting to modify the existing forest easement and forest conservation plans previously recorded for the site and to move a small portion of the easement off-site into the forest bank. The property was encumbered by an easement as part of various development projects in the early 2000s. The easement has been temporarily and permanently disturbed by adjacent land uses that have made replanting all existing acreage onsite unrealistic. The proposed plan seeks to restore the disturbed acreage both through onsite replanting and offsite retention in the Andrew Michael Forest Bank. Motion and Vote: Mr. Reeder made a motion to approve the request as presented. The motion was seconded by Mr. Weddle and unanimously approved. OTHER BUSINESS Update of Staff Approvals Mr. Holloway presented the following update for April: Land Development-3 public works agreements; 2 site plans, 1 forest conservation plan, 1 storm water management concept plan, 1 traffic study, 1 ordinance modification, 1 subdivision plat, 6 inspection and maintenance agreements; Permits-8 grading permits, 3 residential addition/alteration permits, 9 entrance permits and 2 non-residential new construction permits. 21 -ADJOURNMENT Mr. Weddle made a motion to adjourn the meeting at 8:15 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, June 3, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING June 3, 2019 22 The Washington County Planning Commission held its regular monthly meeting on Monday, June 3, 2019 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Denny Reeder, Andrew Bowen, and Jeremiah Weddle. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Deputy Director; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Cody Shaw, Chief of Plan Review; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. -NEW BUSINESS MINUTE5_ Motion and Vote: Mr. Reeder made a motion to approve the minutes of the May 6, 2019 meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved. MODIFICATIONS PR Valley Limited Partnership [OM-19-003} Mr. Shaw presented for review and approval a modification request to allow the creation of three lots without public road frontage. Section 405.11.B of the Washington County Subdivision Ordinance states that every lot shall abut a minimum of 25 feet and have access to a public road. The three proposed lots have existing businesses located on them (Olive Garden, Firestone, Golden Corral). The purpose of this modification is to create a standalone lot for each of these businesses. If the modification request is approved, a subdivision plat will be submitted for approval. All approving agencies have reviewed the request and have no objection or comments. The owner is requesting that, if the modification request is approved, staff be given the authority to approve the final plat. Motion and Vote: Mr. Reeder made a motion to approve the modification request and to grant staff the authority to approve the final plat pending receipt of all agency approvals. The motion was seconded by Mr. Weddle and unanimously approved. 5_1TE PLAl'!_S GTR Auto Transport [SP-19-011) Ms. Kelly presented for review and approval a site plan for a proposed 4,120 square foot truck terminal with maintenance shop. The property is located at 13535 Label Lane and is currently zoned HI (Highway Interchange). There will be 4 employees on the site. Hours of operation will be Monday thru Friday, 9 a.m. to 6 p.m. Total parking required for cars is 11 spaces; 11 spaces will be provided. There will be 12 truck parking spaces provided for the future. The site will be surrounded by an 8 foot chain link fence with a gate at the entrance onto Label Lane. Trash will be collected inside the facility. Signage will be building mounted; lighting will be building and pole mounted. Landscaping is proposed for the bio-retention ponds. Forestation was previously addressed during the subdivision which occurred in 2004. Motion and Vote: Mr. Weddle made a motion to approve the site plan as presented. The motion was seconded by Mr. Bowen and unanimously approved. OTHER BUSINESS Update of Staff Approval~ Mr. Shaw presented the following update for May: Land Development -1 forest stand delineation; 5 site plans, 2 storm water management concept plans, 1 ordinance modification, 3 preliminary/final plats, 1 preliminary consultation, 2 simplified plats, 3 standard storm water management plans, 11 standard 23 grading plans, 10 red-line revisions; Permits -19 grading permits, 28 entrance permits, 3 utility permits and 1 flood plain permit. Forest Conservation Ms. Baker reported that Washington County now has approximately 25 years of history in forest conservation efforts. Recently there have been some issues relative to compliance. Most of the issues are failure to plant trees within the time limits specified in the Ordinance, which is two planting seasons after final approval of a project. Other issues are relative to forest easements established on the back of properties and owners are using these easements for activities inappropriately. In the near future, staff will be discussing the use of non-compliance fees with the Commission. Discussion and Comments: There was a brief discussion regarding the monitoring of these easements, which is currently on a three year cycle. When a non-compliance activity is discovered, staff sends three letters to the property owners seeking cooperation to bring the easement back into compliance. Mr. Weddle expressed his opinion that a stricter policy should be enforced. Mr. Bowen concurred. Land Preservation Program There was a brief discussion regarding the retirement of the Rural Preservation Administrator, budgetary constraints, and the effects both could have on the County's land preservation goals. Motion and Vote: Mr. Reeder made a motion for Mr. Weddle to attend and speak on behalf of the Planning Commission in support of filling the vacancy created by the retirement of the Rural Preservation Administrator at the Board of County Commissioners' budget public hearing on June 4th _ The motion was seconded by Mr. Bowen and unanimously approved. Election_ of Officers Motion and Vote: Mr. Reeder made a motion to elect Mr. Wiley as Chairman and Mr. Bowen as Vice- Chairman for the upcoming year. The motion was seconded by Mr. Weddle and unanimously approved. cADJOURNMENT Mr. Bowen made a motion to adjourn the meeting at 7:35 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, July 1, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 submitted, WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING July 8, 2019 24 The Washington County Planning Commission held its regular monthly meeting on Monday, July 8, 2019 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Denny Reeder, David Kline, and Jeremiah Weddle. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. -NEW BUSINESS MINUTES Motion and Vote: Mr. Kline made a motion to approve the minutes of the June 3, 2019 meeting as presented. The motion was seconded by Mr. Reeder and unanimously approved. SITE PLANS US Lawns Retail Business & Service Facility_[SP019-018] Ms. Kelly presented for review and approval a site plan for a proposed 9,000 square foot building for a lawn care facility. Approximately 1,800 square feet of this area will be for the office with the remaining area for the shop and storage area. The property is located at 19714 Beaver Creek Road near its and is currently zoned HI (Highway Interchange). There will be one access onto Beaver Creek Road. There will be a total of 26 employees -6 for the office and 20 field workers. Hours of operation will be Monday thru Friday, 6 a.m. to 6 p.m. Total parking required is 26 spaces; 46 spaces will be provided. Delivery will be a daily box truck and a tractor trailer 2-3 times per month. The site will be surrounded by a 6 foot chain link fence with a gate. Trash will be collected inside the facility. The property will be served by private well and septic. A sign is proposed at the entrance with additional signage on the building. Lighting will be building and pole mounted. Landscaping is proposed in front of the building. Forest Conservation requirements will be met by retaining 1.48 acres of forest on-site. Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was seconded by Mr. Kline and unanimously approved. Hostetter Solar ISP-19-019] Ms. Kelly presented for review and approval a site plan for a proposed 2 megawatt solar energy generating system (SEGS) along the south side of Leitersburg Pike at the intersection of Clopper Road. The property is currently zoned A(R) -Agricultural Rural. The solar energy generating system would occupy approximately 15 acres of the total 60 acre parcel and would consist of approximately 7,900 solar modules on a ground mounted system that will be under 10 feet in height. The entire site will be surrounded with a minimum six foot security fence. There will be no employees or customers on the site and visits will consist of repair and maintenance two times per year. Mowing will occur on a periodic and as-needed basis. A fire and vegetation management plan has been submitted for this site. There will be one access into the site from Clopper Road by way of a proposed 25 foot easement. A landscaped buffer will be planted between the subject site and neighbor Mary Spinell. Forest Conservation requirements will be met by retaining 2.09 acres of existing forest on site, which is adjacent to the Antietam Creek. A special exception to establish the solar energy generating system was approved by the Board of Appeals on December 18, 2018. Discussion and Comments: Mr. Weddle expressed his concern because this system is being installed on prime agricultural land and Mr. Kline agreed with this concern. Mr. Kline expressed his fear that Washington County will become the place where everyone wants to put solar systems because land is cheaper, but the energy will go elsewhere; and therefore would be of no value to the County. He 25 expressed his opinion that the County should look closer at legislation to see where solar arrays should be placed; and believes the County should tighten regulations on the placement of solar arrays. Mr. Kline stated for the record that he is not opposed to solar energy generating systems and believes there should be incentives to encourage these systems; but he is opposed to losing good agricultural land to them. Mr. Weddle believes that changes are needed in regulations to keep SEGS from being placed on type I, II, and Ill soils. Mr. Wiley noted that this particular project has already been through the appropriate process and has received approval from the Board of Appeals. If the Commission members want changes to the regulations, it must be discussed and changes made at a later date. Ms. Baker noted that SEGS are currently regulated by the Zoning Ordinance and are not permitted in Priority Preservation Areas (PPA) or Rural Legacy areas. Mr. Goodrich also noted they are not permitted in the Antietam Overlay zone. Ms. Baker stated that any changes that the Commission may implement could be overruled by the PSC. Mr. Goodrich stated that the PSC invites local government to attend public hearings to hear local public comment and concerns. He also noted that PPAs and Rural Legacy areas encompass a large amount of acreage where SEGS are not permitted. Mr. Goodrich reiterated that a public process is required for approval of these systems and that the County does participate in the process by determining if the proposal is consistent with the County's current Comprehensive Plan. At this time, the County's Plan does not address these systems. The Plan encourages agricultural activities in the rural areas, preservation of historic resources, and protection of open space. Mr. Goodrich discussed the tax revenues that could be realized on these systems because at some point they will be considered a commercial endeavor which will change the assessment on the property. He expressed his opinion that the PSC is not ignoring local government opinion and takes its concerns into account when regulating SEGS. There was a brief discussion regarding the history of the regulations currently in place. Mr. Weddle stated that he is not opposed to solar energy systems; however, he believes there are a lot of areas in the County with poor soils where solar systems could be placed without taking away valuable agricultural land. Mr. Goodrich suggested that staff prepare the following information to present to members for further discussion: maps showing where SEGS are not permitted, text to show how the SEGS are regulated after approval by the BZA, and the section of the Comp Plan that discusses the creation of PPAs. Motion and Vote: Mr. Kline made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved. FOREST CONSERVATION !)iscussion of procedures for non-complianc<? fees Mr. Allen presented for review and approval a request to formally delegate staff the authority to levy the initial non-compliance fee for forest conservation violations. This action would expedite the resolution of forest conservation issues that necessitate prompt action to ensure that community welfare is not allowed to deteriorate. Mr. Allen began with a brief presentation of procedures that are currently followed when issues arise. When staff becomes aware of a violation, a field correction notice is sent to the property owner or developer. This notice is in the form of a written letter that contains a time deadline for resolving the issue. If a response to the first letter is not received within a reasonable amount of time, a second letter is sent with a return receipt requested to ensure the letter has been received by the intended party. The tone of the second letter takes on a greater urgency as well as mentioning the possibility of monetary penalties. If no response is received, a FINAL written notice is sent and the property owner/developer is given 10 to 14 days to respond with a detailed plan to resolve the issue. Mr. Allen noted that penalties range from non-compliance fees, violation fees or, in cases where a bond/surety was collected, moving to claim the bond/surety and contracting the required work ourselves. He also noted there would be very few instances when this type of action would be necessary. The non- compliance fee rate of $.30 per square foot for the disturbed area was established by County Resolution RS-2013-20. Staff would use this authority only when all avenues of reasonable accommodation and compromise have been exhausted. Some examples would be: failure to respond to the field correction notice, failure to develop a remediation plan within a reasonable timeframe, or failure to implement an agreed upon remediation plan within a reasonable timeframe. 26 If after levying the initial non-compliance fee, the offender fails to correct the issue, staff would bring the matter before the Planning Commission to determine whether violation penalties are warranted. Violation penalties can be assessed at $1,000 per day with each day considered a separate violation under Article 16.2 of the Forest Conservation Ordinance. If the Planning Commission determines that a penalty was warranted, a civil action would be brought against the offender in District Court. Discussion and Comments: Mr. Kline asked what the oversight procedures would be for the person who would be in control of levying fines. Mr. Goodrich reiterated there are several steps in place that would be followed prior to issuing a fee for non-compliance. Ms. Baker stated that the Director would make the decision to levy the non-compliance fee. It was also noted that any fees collected are placed in a special account and reported to the Department of Natural Resources. Motion and Vote: Mr. Kline made a motion to delegate staff the authority to levy the initial non- compliance fee for forest conservation violations. The motion was seconded by Mr. Weddle and unanimously approved. OTHER_BUSINESS Annual ReQ_ort Mr. Goodrich presented for review and approval the Annual Report, which is required by State law to be submitted to the Maryland Department of Planning each year. He briefly reviewed the document with Commission members. For calendar year 2018, the report shows 175 new residential permits issued within Priority Funding Areas (PFA) [75%] and 61 new residential permits issued in non-priority funding areas [25%]. The County's goal each year is 80% in the PFAs and 20% in the non-PFAs. Mr. Goodrich explained that the County's Development Capacity Analysis information has not been summarized because the analysis is being completed in conjunction with the Comprehensive Plan update. Next, Mr. Goodrich reviewed the locally funded agricultural land preservation and local land use goals. He noted there are no general fund dollars for land preservation; however, local transfer taxes and grants from DNR are used for these efforts. A total of 1,258 acres were preserved in 2018 using approximately $4 million dollars of program funds. Members reviewed the Measures and Indicators shown in the report. Mr. Goodrich noted there were only 4 minor subdivisions and 7 major subdivisions in the priority funding areas for calendar year 2018. This equates to 95% of development [both residential and commercial] in the PFAs and 5% in the non-PFAs. Mr. Goodrich explained that the State of Maryland is concerned that the lack of adequate public facilities throughout the State will stop development. He noted that is not really an issue in Washington County with the exception of public schools, which are frequently over-capacity. Several years ago the County adopted an Alternate Mitigation Contribution program, which is a financial contribution that can remove the limitation on development by paying a per unit fee. This fee goes into a special fund which is directed to school improvements. Motion and Vote: Mr. Weddle made a motion to approve the Annual Report as presented. The motion was seconded by Mr. Kline and unanimously approved. Discussion of Alcohol Manufacturing Facilities Ms. Baker reminded members that during a previous meeting, public comments were received regarding a proposed text amendment for alcohol manufacturing facilities. That amendment was withdrawn and staff has drafted a new amendment based on comments received and discussions with the Commission. Staff has streamlined proposed definitions by generalizing alcohol production facilities which could simplify administration of the Ordinance and would remain consistent with County land use policies. The proposed text amendment would allow alcohol production facilities by special exception in the rural areas and as a permitted use in the Rural Business districts. Farm-based facilities would be permitted in the rural areas and by special exception in the Rural Village district. A special exception request would allow public comment as part of the review process. Alcohol production facilities would be a special exception use in the Business Local district and a permitted use in the Business General, Industrial Restricted and Industrial General districts. All definitions specific to a winery/brewery will be removed and new definitions for production and farm-based facilities will be added. Ms. Baker noted that the required minimum area for growing an ingredient used in the manufacture of the alcoholic product is being eliminated. Instead the requirement will be an establishment located on 27 agriculturally assessed land. She also noted that the area used for the accessory use may not exceed 25% of the area of the structures located on-site and being used for the manufacturing process. During the last public meeting, Mr. Jason Divelbiss expressed his opinion that alcohol manufacturing facilities should be permitted in residential area. Comments were received from Mr. Kevin Atticks, Founder and CEO of Grow & Fortify, also promoting this idea. However, Ms. Baker stated that staff does not believe these uses would be a good fit for the County's residential districts. Staff does not view a production facility as an accessory use, but rather a primary use of property. Ms. Baker briefly discussed other public comments received and staff's opinion on these comments. Discussion and Comments: Mr. Kline expressed his opinion that alcohol production facilities should not be permitted in residential areas. Other Commission members agreed. Members are opposed to the 25% limitation for accessory uses. Mr. Richard Seibert of Knob Hall Winery is opposed to the 25% limitation. He believes it is too restrictive and would inhibit growth. He noted that the State of Maryland has new regulations that control the amount of ingredients produced on site or within the State to be used in the manufacture of wine. Mr. Seibert believes that selling products made only on-site is also too restrictive. Mr. Wiley believes that issue would be regulated by the State. Mr. Divelbiss explained that agricultural uses are permitted in residential areas so it is likely that agriculturally based facilities could be located in a residential zone thus the recommendation to allow these facilities as an accessory use. There was a brief discussion regarding this issue. Mr. Divelbiss also suggested that the definition for an alcohol production facility needs further clarification. Mr. Weddle reiterated his belief that there should be setbacks for properties situated next to crop land due to the dangers of killing grapes when crops are sprayed. Ms. Baker stated the proposed text amendment will be heard at a public information meeting at the August Planning Commission meeting. Update of Staff Approvals Mr. Holloway presented the following update for June: Land Development -6 inspection and maintenance agreements; 1 site plans, 1 town storm water management concept plans, 2 standard grading plans; 2 preliminary/final plats, Permits-ls grading permits and 12 entrance permits. Mr. Reeder made a motion move into Closed Session at 9:00 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. -CLOSED SESSION (To discuss personnel matters) -ADJOURNMENT Mr. Kline made a motion to adjourn the meeting at 9:10 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, August 5, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 \ WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING PUBLIC INFORMATION MEETING August 5, 2019 28 The Washington County Planning Commission held a public information meeting and its regular monthly meeting on Monday, August 5, 2019 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Denny Reeder, BJ Goetz, Jeremiah Weddle and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. PUBUC INFORMATION MEETING RZ-19-005 -Alcohol Production Facilities Text Amendment Staff Presentation Ms. Baker presented a proposed text amendment to the Washington County Zoning Ordinance for Alcohol Production Facilities. She noted that the Zoning Ordinance currently contains uses for farm wineries, commercial wineries, limited commercial wineries and farm breweries, commercial breweries and limited commercial breweries. New legislation from the State of Maryland includes distilleries as another type of alcohol production facility being offered through the manufacturing licenses. The proposed amendment will help consolidate and streamline the definitions and permitted locations for alcohol production facilities as a whole rather than associate the uses with specific manufacturing licenses that are subject to change during each legislative session. Farm based alcohol production facilities will require the use of ingredients that are produced on the site. Ms. Baker briefly reviewed the areas throughout the County where these types of alcohol production facilities would be permitted. Regular alcohol production facilities would be a special exception use in the rural areas including the A(R), EC, P and RV districts and inside the growth area in the BL district. They would be a permitted use in the BG, IR, and IG districts. The farm-based alcohol production facilities would be permitted in the A(R), EC, P and RB zoning districts and a special exception use in the RV zoning district. Public Cammfmt • Dan Spedden, President of Hagerstown/Washington County Convention and Visitor's Bureau, 41 Mealy Parkway, Hagerstown -Mr. Spedden stated that wineries, breweries and distilleries are currently very popular in the travel industry and becoming very commonplace in the cities. He noted that the tourism economy in Washington County is a $260 million market annually with the number one business being the food and beverage industry. Mr. Sped den believes these facilities will enhance the economy in Washington County. • Selena Wilkes, Elmwood Farm Bed and Breakfast, 16311 Kendall Road, Williamsport-Ms. Wilkes stated that Elmwood Farm is located in a residential area; however, she believes that an alcohol production facility would be an added benefit as an accessory use to her business and would boost tourism and economic development in the County. She expressed her opinion that the alcohol farm-based production facilities should be permitted in the residential areas as a special exception use. • Nathan Kraft, 5513 Mt. Carmel Church Road, Keedysville -Mr. Kraft supports the proposed text amendment. He owns a 42 acre farm (Pathfinder Farm) on which he would like to grow crops and produce alcohol for sale. He expressed his opinion that wineries, breweries, and distilleries should be a special exception use in residential areas. He believes that people want an "experience" rather than going to a store. • Kevin Atticks, Grow and Fortify, 1950 Far Out Lane, Sparks -Mr. Atticks stated that there is incredible growth and diversification in the tourism industry. He noted that the majority of visitors are coming from more than one hour way. Mr. Atticks gave two suggestions for the proposed text amendment. First, he believes there should be a path (i.e. special exception) that would allow 29 these facilities in any zoning district; there should not be any zoning districts excluded. Second, he believes there should be a provision to allow off-site production and discussed various factors that could contribute to a producer needing the resources of others. Mr. Atticks briefly discussed the issue of sensitive crops being sprayed from adjacent properties. He believes that all property owners have the right to use all of their property and education of all agricultural crop producers would be the key in avoiding harm to other property owners' crops. Mr. Atticks is opposed to any buffers being implemented. • Jason Divelbiss, 11125 Bemisderfer Road, Greencastle -Mr. Divelbiss believes the alcohol production facilities would be an economic benefit for the County. He expressed his opinion that these types of facilities should be permitted in the urban area residential zoning districts as a special exception. The special exception process would provide a way to make sure the property is appropriate for this type of use. He pointed out that the urban area residential zoning districts already allow for several commercial uses by special exception. Mr. Divelbiss noted that many residential properties will not be able to attain a State alcohol manufacturing license. Discussion and Comments Mr. Weddle asked members of the audience questions about growing grapes and the life expectancy of grapes. He expressed his concern with regard to spraying crops (i.e. soybeans) on adjoining properties and the harmful effects these sprays (Dicamba) could have on grapes. Mr. Atticks noted he has talked to the Farm Bureau regarding these concerns and strictly from a land use perspective, the proposed text amendment is concentrating on the land use and not the specific type of crops that can be grown. Mr. Weddle expressed his opinion that these problems will arise in the future and he believes now is the time to address them. He believes that there should be mandatory setbacks associated with the more intensive operation. Placing the setbacks on a soybean farmer would create a hardship for that farmer. Mr. Atticks responded that a limitation such as this would "unilaterally give deference to existing grain farmers over new agriculture". Secondly, this discussion is on a commercial product (Dicamba) being sprayed which is part of a national controversy because of its propensity to drift and kill everything around it. Ms. Baker stated that while she understands Mr. Weddle's concern, it is her opinion that setbacks would have to be placed on all agricultural properties, not just new agricultural uses. Setbacks would be based on the type of crop you are growing each year and there would be no way to monitor or enforce this type of regulation. • Yvonne Ford, 12840 Red Heifer Winery Lane -Ms. Ford noted that regulations have already been established by the Environmental Protection Agency regarding this issue. WS-19-002 Town of Smithsburg Water & Sewerage Plan Amendment Staff Presentation Mr. Goodrich presented an application for amendment to the Water and Sewerage Plan for the Mayor and Council of the Town of Smithsburg. The first part of the application is a request to enlarge the sewer service boundary of the Smithsburg waste water treatment plant to coincide with the growth area boundary of the Town of Smithsburg and Washington County. This would include 12 parcels of land, three of which were recently annexed into the Town of Smithsburg. All 12 parcels are located east of the intersection of MD Routes 64 and 77. The second part of the request is to change the service priority designation of all 12 parcels to S-1 (indicating sewer service is existing). Mr. Goodrich gave a brief explanation of the various service priority designations. Mr. Goodrich noted that all properties are identified in Smithsburg's Comprehensive Plan in the Town's municipal growth element which identifies properties which could potentially be annexed into the Town. Expanding the sewer service area is consistent with both the County's and the Town's Comprehensive Plans. Mr. Goodrich explained that none of the 12 properties meet the criteria for an S-1 designation because no public sewer service is currently available nor are there concrete plans for construction of service in the near future. Staff recommends that the 3 parcels that were recently annexed should be given the S-3 designation (sewer service is programmed). Mr. Goodrich explained why this would be the appropriate designation. The S-5 designation (service is planned for the future) would be appropriate for the remaining parcels included in this application. The S-5 designation does not eliminate the continuing use of on-site septic systems for the 7 parcels that currently have dwellings. Citizen Comment • Randy Dick, representing the Mayor and Council of the Town of Smithsburg -Mr. Dick stated that the parcels that were recently annexed into the Town are owned by (loverly LLC. A public hearing 30 is scheduled for a mixed use zoning on the property. He noted that public water and sewer are available for this development. Mr. Dick stated that the Town supports staffs recommendations as presented. • Doug Leather, 23036 Foxville Road, Smithsburg -Mr. Leather supports the County's recommendation for the 5-5 designation on the properties that were not annexed into the Town. • Eddie Brown, 12213 Cleverly Farm Lane, Smithsburg-Mr. Brown stated that he was representing the residents of Cleverly Farm Lane, all of whom support the County's _recommendation for the 5- 5 designation for their properties. They do not want to be forced to hook up to sewer. The public information meeting concluded at 8:10 p.m. -NEW BUSINESS MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the July 8, 2019 meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved with Mr. Goetz and Commissioner Wagner abstaining from the vote. PRELIMINARY CONSULTATION Cascade Towne Center Phase IA [PC-19-001) Mr. Holloway presented for review and comment a preliminary consultation for 33 proposed semi- detached townhome lots on 4 acres of land located along both sides of North Boyd Street in Cascade (former Ft. Ritchie site). The property is currently zoned SED (Special Economic Development). He noted that these townhomes would be constructed where 36 town homes were previously located and recently demolished. Several zoning issues have been addressed through the Board of Zoning Appeals. Consensus: By consensus, the Planning Commission has no objection to the concept plan and the developer may move forward in the site plan process. SITE PLANS l,,tltersburg Ruritan Park [SP-19-007) Ms. Kelly presented for review and approval a site plan to construct a proposed 12,000 square foot community center on a 10.26 acre parcel located along the southeast side of Leiter Street and the east side of Leitersburg-Smithsburg Road. The property is currently zoned RV (Rural Village). The building height will be 18 feet. Sidewalks will be located on two sides of the building. An existing small building with canopy and gravel parking lot will remain along with a basketball court and a sand volleyball court. An existing entrance onto Leiter Street will provide access to the site. The hours of operation will be 7:00 a.m. to 8:00 p.m. April through September and 8:00 a.m. to 5:00 p.m. October through April. There will be one or two employees. Parking required is 37 spaces and 42 spaces will be provided. An existing well and septic will serve the new building. Lighting will be building mounted with pole lights in the parking lot. No new signage is proposed. Solid waste will be handled via a dumpster and compactor. The existing trees on-site will remain. Forest Conservation requirements will be met by paying the fee-in-lieu in the amount of $3,763.58. All agency approvals have been received. Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved with Mr. Goetz abstaining from the vote. !JS MD5048 Green Hill [SP-19-010) Ms. Kelly presented for review and approval a site plan for a proposed 195 foot monopole commercial communications tower [with 15 antennas] on 139 acres located south of Wagaman Road and west of Garis Shop Road. The property is currently zoned A(R) -Agricultural Rural. The tower will service AT&T and will have space available to locate other carriers. The proposed facility will consist of one 16 foot long and 4 foot wide concrete equipment pad within a 40 foot by 50 foot fenced compound. An eight foot chain link fence with gate will surround the compound. The structure will not support lights or signs unless required for aircraft warning. If an antenna is no longer used for telecommunications purposes for a continuous one year period it will be removed from the tower at the owner's expense. A lane from Wagaman Road will access the site. No landscaping, employees or public facilities are required for the site. All agency approvals have been received. 31 Motion and Vote: Mr. Weddle made a motion to approve the site plan as presented. The motion was seconded by Mr. Goetz and unanimously approved. Update of Staff Approvals Mr. Holloway presented the following update for July: Land Development-8 inspection and maintenance agreements, 4 red line revisions, 8 standard grading plans, 4 subdivision replats, 4 adequate public facilities plans, 2 public works agreements (simplified plats), and 2 storm water management concept plans; Permits -20 grading permits, 19 entrance permits, 2 non-residential addition/alteration permits, 6 utility permits, 1 non-residential ag certification, and 1 non-residential construction permit. Discussion of Solar Energy·Generating Systems Mr. Goodrich began with a brief history of solar energy and its gaining popularity over the past several years. In 2004, State legislation was adopted called the "Renewable Energy Portfolio Standard", which captured the economic, environmental, fuel diversity and security benefits of renewable energy. That legislation also established a market in the State of Maryland for creating renewable energy credits to buy and sell from energy producers like solar farm developers with the intent of lowering the cost of electricity in the State of Maryland. The original legislation created a goal of 25% of the electricity generated in the State come from renewable resources (solar, wind, etc.). In 2017 the legislation was revised which increased the goal to 50%. Mr. Goodrich noted that an application was submitted to and approved by the Board of Zoning Appeals to establish a solar energy generating system in the Cearfoss area several years ago. Through a series of appeals by neighboring property owners and the County, it was determined by the Maryland Court of Appeals that the County's local zoning regulations could be overruled by the Public Service Commission. However, State law allows the local government to participate with the PSC during local public hearings. Ms. Baker stated there is a misconception that no County ordinances govern solar energy generating systems. However, we do have regulations in the County's Zoning Ordinance that deals with SEGS. She provided Commission members a chart detailing the zoning districts where SEGS are permitted by Special Exception, a chart of setbacks in each of these various districts, current definitions, and specific regulations for SEGS. Clarification of solar energy generating systems is currently needed. The law that gives the PSC jurisdiction over SEGS, thus pre-empting the County's regulations, applies only to any solar energy generating system that generates over 2 megawatts of power. Anything below that threshold is not under PSC jurisdiction and can be regulated by the County. Ms. Baker believes the Commission needs to focus on its concerns with regard to SEGS so in the future when applications are submitted to the PSC, these concerns and issues can be addressed in an appropriate manner. One of the major concerns of the Planning Commissi.on is locating SEGS on prime agricultural land. Ms. Baker distributed maps showing the location of Class I, II and Ill soils, the location of steep slopes throughout the County, Protected Lands throughout the County, and Priority Preservation Areas and Rural Legacy Areas throughout the County. There was a brief discussion about placing SEGS on other lands besides agricultural land (such as parking lots). Mr. Wiley expressed his opinion that the County should incentivize solar arrays over parking lots and on buildings, etc. Mr. Reeder expressed his opinion that cost will be a big factor when determining where SEGS should be placed. Mr. Weddle expressed his opinion that a tax should be levied on SEGS when installed on prime agricultural land and use the funds to purchase additional land preservation easements. Ms. Baker stated that the County could potentially tie regulation to a PILOT (payment in lieu of taxes). Specific requirements would need to be put in place. Ms. Baker stated that staff is seeking the Commission's recommendations for establishing an overall policy discussing concerns it has for the location of SEGS in our county. Staff will then make a similar presentation as well as present the Commission's recommendations to the BOCC to gather their feedback and ideas. -ADJOURNMENT Mr. Reeder made a motion to adjourn the meeting at 9:10 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman. lr;v 32 -UPCOMING MEETINGS 1. Monday, September 9, 2019, 7:00 p.m., Washington County Planning Commission public information and regular meetings, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING AND PUBLIC INFORMATION MEETING September 9, 2019 33 The Washington County Planning Commission held a public information meeting and its regular monthly meeting on Monday, September 9, 2019 at 6:30 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Denny Reeder, David Kline, Jeremiah Weddle and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; and Lisa Kelly, Senior Planner. !;_ALL TO ORDER The Chairman called the meeting to order at 6:30 p.m. -NEVI/ BUSINESS MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the August 5, 2019 meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved. Mr. Holloway requested that a shared parking request for Beaver Creek Event Center be added to the agenda. PRELII\IIINARY CONSULTATION Bowman Parcels 148 and 149 [PC-19-003] Ms. Kelly presented for review a concept plan for Bowman Parcels 148 and 149 located along the northwest side of Spielman Road and the west side of Maryland Route 68. The property is currently zoned HI (Highway Interchange). In July 2017, the Planning Commission reviewed a site plan for Bowman Cornfield [Parcel 148] which proposed the same uses as the current concept plan; however, at that time there were diesel pumps and 4 tractor trailer parking spaces on this site. The Commission's approval was appealed and has been going through the court system. A judge determined that if the diesel pumps were removed, the site would not be considered a truck stop. The Judge's decision has been appealed and will be heard by the Court of Special Appeals in February 2020. The new concept plan proposes a mixed use of sales, retail offices and fuel sales on Parcel 148, which contains 9.6 acres of land, as well as 72 tractor trailer parking spaces. Proposed on Parcel 149 is 286 tractor trailer parking spaces on 63 acres. Both parcels can stand on their own and site plans would be required for both parcels, either separately or together. A zoning certificate is currently needed for Parcel 149 where the Quality Distribution facility is located. All Zoning Ordinance requirements for the HI zoning district must be met including signage, buffers, height requirements, buffer yards, screening, etc. The proposed cul-de-sac will be privately owned. The Washington County Engineering Department submitted comments regarding design and storm water management requirements. A new Forest Stand Delineation would be required for Parcel 149. The Soil Conservation District and the City of Hagerstown Utilities Department reviewed the concept plan and had no comments at this time. The State Highway Administration issued a letter stating a new updated traffic study will not be required. Discussion and Comments: Mr. Kline asked if the tractor trailer parking would accommodate truck drivers who need a place to sleep when they've reached their allotted driving time. Mr. Rob Ferree of Bowman Development stated that Bowman is looking at several different option, but that is the original intent. Due to Federal law mandates being implemented on truck drivers, there is a growing need for these types of facilities. He noted that Parcel 148 may be used for additional trailer parking for the Bowman Leasing Company. No action is required. 34 DEVELO_!'_MENT PLANS Emerald Pointe IDP-19-001} Ms. Kelly presented for review a request to determine if the proposed change to the Emerald Pointe PUD Development Plan would be considered a major or minor change. Emerald Pointe PUD is located north of Maryland Route 60 and east of Marsh Pike. The developer is proposing to revise future Phase IV from 24 single family lots to 48 semi-detached lots which will create a slight increase in the overall development density from 3.0 units/acre to 3.2 units/acre. Public water and sewer service is available. Road improvements and sidewalks are already being constructed. Motion and Vote: Mr. Kline made a motion to designate this request as a minor change. The motion was seconded by Mr. Weddle and unanimously approved. OTHER BUSINES_S Update of Staff Approvals Mr. Holloway presented the following update for July: Land Development Approvals -12 inspection and maintenance agreements, 5 site plans; 3 preliminary/final plats; 2 County storm water management concept plans, 2 improvement plans for the Town of Boonsboro; 1 subdivision replat, 1 storm water standard plan; and 1 site specific grading plan; Permit Approvals-6 grading permits, 7 entrance permits, 1 non-residential construction permit, and 3 utility permits. !leaver <;reek School Event Center Mr. Holloway presented a request for shared parking for the Beaver Creek School Event Center. Parking would be shared with a nearby church that has already agreed to the request. Mr. Holloway stated that he has requested additional lighting and a crosswalk from the main entrance of the event center to the church parking lot. The developer has complied with both requests. Mr. Fred Frederick of Frederick, Seibert & Associates, the consultant, stated that agreements with the church have been approved and signed. The Board of Zoning Appeals granted a special exception for this facility. A sign for additional parking has also been installed to direct visitors to the church parking lot. Mr. Holloway stated that the developer has agreed not to hold event at the same time the church will be holding its services and other functions. He also noted that the Board of Zoning Appeals determined the event center could not hold events later than 10 p.m. Motion and Vote: Mr. Reeder made a motion to approve the shared parking request as presented. The motion was seconded by Mr. Kline and unanimously approved. PUBLIC INFORMATION MEETING The Chairman called the public rezoning information meeting to order at 7:05 p.m. BZ-19-0('1'-JPK Properties, LLC Staff_Pre~entation Ms. Baker presented a proposed map amendment for 2.86 acres of property located at 18423 Breathedsville Road. The property is currently zoned A(R) -Agricultural Rural. The request is to apply an RB (Rural Business) floating zone to the land. The parcel is currently improved with an accessory building used for storage. It is located in the Rural Area of the County as designated by the Comprehensive Plan. Ms. Baker briefly reviewed the criteria that must be met to receive the RB floating zone designation. Staff has outlined and analyzed each of these criteria and, based on information provided by the applicant, adequate evidence has been presented to meet the criteria to support the request. Ms. Baker noted that the proposed business is the storage of contractor's equipment and an office. Applicant's PreseJ)tation Mr. Zachary Kieffer, 19405 Emerald Square, Suite 2100, Office 202, Hagerstown, MD, legal counsel for JPK Properties, LLC, and Jared Keplinger, owner, were present at the meeting. Mr. Kieffer distributed a photograph showing the current building on the site and a drawing showing the proposed storage barn [Applicant's Exhibit 1]. The applicant's intent is to move his existing business from Sharpsburg Pike to Breathedsville Road. Excavation equipment as well as farm equipment would be stored inside the buildings. The excavation equipment would be stored in the buildings during the off-season. Hours of operation would be Monday thru Friday, 7 a.m. to 5 p.m.; no employees would be present at the site. 35 Mr. Kieffer stated that the property is outside the County's growth area and he believes that the use meets the definition of the RB overlay. It permits a business facility in an area not otherwise permitted in the rural area of the county and permits the continuation and development of business that supports the ag industry. The applicant believes that roads are adequate for this business and that existing trees would buffer neighboring properties. The scale, intensity and character of the proposed use is not incompatible with the existing land uses. The property owner intends to eventually build his home on the property. Public Comment • Joe Lane, 12030 Hippan Hill Lane, Smithsburg -Mr. Lane expressed his concern that, if approved, repairs may be performed on the equipment that could affect the well and septic for the future proposed house. Discussion and Comments Mr. Kline expressed his opinion that the proposed use is not much different from an agricultural use that would repair its equipment on-site. He commended the owner for going through the proper channels to establish the use on this site. RZ-19-003 Downsville Pike Land LLC Stoff Presentation Mr. Allen presented a map amendment application for 1.6 acres of property located at 10656 and 10662 Downsvile Pike. The property is currently zoned RS (Residential Suburban). The applicant is requesting a change in zoning to HI (Highway Interchange). Mr. Allen briefly reviewed the criteria identified in Article 27.3 of the Zoning Ordinance that should be followed when considering a piecemeal rezoning request. He addressed each of these criteria individually. 1. Population: The Halfway election district grew more slowly from 1980 to 2010 than the county as a whole. 2. Water and Sewer: Public water and sewer are available on the site. 3. Emergency Services: The nearest emergency services provider to the site is the Volunteer Fire Company of Halfway located approximately 1 mile from the site. 4. Schools: There would be no school mitigation requirements because the applicant is requesting a commercial zoning classification. 5. Traffic: According to data from the State Highway Administration, traffic volumes have remained relatively consistent at the Downsville Pike/Halfway Boulevard intersection during the past 10 to 15 years and haven't exceeded the highest total average daily traffic achieved in 1990 at that location. 6. Public Transportation: The area is not served by public transit. 7. Roadways and Access: There have been some minor intersection improvements just northeast of the site connected to the construction of Sheetz. The existing driveways on the site would need to be improved and would most likely not meet sight distance requirements for future use. Downsville Pike has a median running north and south of its intersection with Halfway Boulevard which limits left hand turns into the site. Halfway Boulevard, travelling eastbound, has dual turn lanes with a middle lane to access Marty L. Snook Park going westbound. Marty L. Snook Park abuts the western property line of one of the two parcels that are subject of this rezoning application. The Washington County Engineering Plan Review Department reviewed the application and submitted the following comments: 1) a new access location onto Halfway Boulevard may be required; 2) a traffic study for impact on the intersection may also be required; and because Halfway Boulevard is a minor arterial road, there is a 500 foot minimum spacing requirement, that when measured from the corner of Downsville Pike and Halfway Boulevard would be at the Marty L. Snook Park access road or south of the site at the Park and Ride. Both of these access locations would be problematic for an access due to the conflicts of the different users that would be going in and out of these places. 8. Compatibility with Surrounding Area: There are existing neighborhoods to the north and west of the site, as well as the Park and Ride and the 1-70 interchange which are in close proximity. There is one remaining residential structure on the parcel that sits on the corner; this property is in fair to poor condition. There are 5 historic sites within½ mile of the subject site. A sixth site (Anita Rice house), which previously sat on one of these parcels, was demolished in 2018 after many years of neglect. 9. Relationship to Comprehensive Plan: The 2002 Comprehensive Plan designated the area as Low Density Residential in its Land Use Plan. 36 Mr. Allen stated that the applicant is claiming both a mistake in the zoning of the property and a change in the neighborhood. He explained criteria that must be met in order to prove either of these claims. In the applicant's justification statement, he claims that the governing body failed to fully consider that the residential usage of the subject properties would continue to be viable despite the effects on livability from the adjacent road and the geographic separation of these properties from the adjacent residential neighborhoods. They also failed to consider that the similarly situated interchange parcel was rezoned to HI while the subject parcels were not. Staff explained that these parcels have a long history of residential usage going back more than 100 years in some cases. While staff agrees that traffic related impacts have had a detrimental impact on the long-term viability of residential usage at the site, it should be noted that long-term neglect of these properties also plays a large role in the continued viability for residential use. Mr. Allen pointed out that there is both traffic and safety issues from a commercial or light industrial use that could be put on the property if it is rezoned. Mr. Allen believes that the exhibit presented by the applicant showing all the uses within a one mile radius of the subject site provides a fair and accurate description of the neighborhood. However, within the text of the justification statement, the applicant minimizes the similarity of the site to the residential neighborhoods while emphasizing the commercial uses in the immediate vicinity. He noted that the Sheetz store which was recently constructed is in an area that has been zoned for a commercial use for a long period of time. There have been no piecemeal rezonings approved in the vicinity since 2000 which shows the stable character of the neighborhood. Mr. Allen emphasized that the Comprehensive Rezoning of the Urban Growth Area in 2012 is not evidence of a change in the character of the neighborhood. He displayed a map showing the original zoning of the area and the changes that occurred in 2012. In conclusion, Staff believes there has been limited change in the neighborhood or that a mistake was made during the Comprehensive Rezoning in 2012. Four written comments were received prior to this meeting citing safety concerns for motorists as well as pedestrians. The Department of Planning & Zoning mailed 318 letters to neighboring and affected property owners notifying them about this rezoning and the public information meeting. Discussion and Comments: Mr. Reeder asked if the 500 foot sight distance requirement is negotiable and what options the developer would have if the required distance could not be maintained. Mr. Allen stated that a traffic study would be required to determine what the impact would be at this intersection and on both the Downsville Pike and Halfway Boulevard. Ms. Baker stated that the State Highway Administration would dictate improvements and access from Downsville Pike because it is a state road. Halfway Boulevard is a county owned road and variances could be requested to reduce the access spacing. If the rezoning application is approved, a site plan would be required before development occurs on the site and the County's Engineering Department would review the plan to determine any safety issues. Applicant's Presentation Mr. Christopher Smith, 10306 Remington Drive, Hagerstown, is one of the owners of the property. He began by giving a brief history of the property and previous attempts to rezone it. He stated that he and his partner purchased the property approximately 3 years ago at an estate sale. He explained that the previous owner was older and none of her children wanted the property and he believes that is why it fell into disrepair. At the time of purchase, the properties were abandoned and blighted and there were two active zoning violations on the property. The Anita Rice house was condemned and a demolition permit was issued forthat residence as well as a concrete block garage. Mr. Smith also noted that a third property adjacent to the two parcels that are subject of this request is owned by others and is also abandoned. Mr. Smith expressed his opinion that there was a mistake made in the zoning of this property because it is located on one of the four corners of the interchange, which changed this neighborhood. He believes that the neighborhood should be defined as those three properties on the corner because they have been isolated from all the other residential structures in the vicinity. All three structures are abandoned and have fallen into disrepair, they are adjacent to a Park and Ride, and a highway off-ramp. He stated that no one has shown any interest in renting or living on these properties. Mr. Smith began a question and answer exchange with Gordon Poffenberger of Fox & Associates, Inc., 981 Mt. Aetna Road, Hagerstown. Following is a summary of that exchange. Mr. Poffenberger stated that these properties have direct access onto Downsville Pike whereas most of the residential properties in the area front on local subdivision streets. He stated that the properties have been zoned RS (Residential Suburban) since 2005; however, the 2012 Comprehensive Rezoning changed some of the parcels in the area, including the interstate parcel which was originally zoned RM, to HI. There was a brief discussion regarding the Friendship Technology Park, which contains 140 acres. Mr. Poffenberger stated there is a developer out ofTowson that is marketing that acreage for a regional shopping center, which would be a 37 substantial change to the neighborhood. He does not believe that rezoning the subject site would have a substantial impact on the neighborhood since it is only 1.6 acres in size. Due to limited access on the site, the development potential is minimal. In his professional opinion, Mr. Poffenberger believes there has been a change in the neighborhood citing commercial uses along the Downsville Pike. Mr. Smith questioned Mr. Poffenberger about the SHA easements granted in front of the property when the interchange was constructed. Mr. Poffenberger stated that when the interchange was constructed and Downsville Pike was widened, there were right-of-way plats prepared by SHA which significantly impacted these properties and reduced their potential for future residential use. A substantial change in the neigh- borhood occurred with the construction of the Sheetz convenience store on the opposite corner of the interchange as well as the traffic signals at the interchange and at Venture Boulevard. Mr. Poffenberger expressed his opinion that the health, safety and welfare of the neighborhood would not be significantly impacted by changing the zoning on these properties. He believes the access will be the most challenging issue when developing this property and several options are being considered. The proposed use of the property is an ice cream shop. There would be a right in/right out access off Halfway Boulevard. The developer is working with SHA to gain joint use of the existing access for the Park and Ride. Mr. Poffenberger expressed his opinion there is a lot of commercial uses along this corridor and continuing to use these parcels for residential purposes is not viable with the traffic volumes in this area. In summary, Mr. Smith stated that these properties are currently blighted and will continue to be blighted and a safety concern for the park if they are left in their current zoning. There is not an economically feasible way to develop these properties in their current state. Citizen Comment • • • • Barbara lseminger, 10837 Oak Valley Drive, Hagerstown -Ms. lseminger stated she is adamantly opposed to rezoning this property to a commercial use. She expressed concern for pedestrian safety when crossing Halfway Boulevard to enter Marty L. Snook Park. There is a crosswalk at the intersection of Halfway Boulevard and Downsville Pike; however, there is no signal for pedestrians to cross and there are no sidewalks on either side of the street to gain access to the crosswalk. Speed is also a concern in this area. Ms. lseminger also expressed her opinion that there is not enough space for access onto this site. She believes that sharing an entrance with the Park would create another safety hazard . Harold lseminger, 10837 Oak Valley Drive, Hagerstown -Mr. lseminger stated he is opposed to this property being rezoned for a commercial use. He expressed his opinion that the volume of traffic at this intersection is extremely heavy and it is very difficult to enter Halfway Boulevard from any of the side streets. He believes that sharing an entrance with the Park is not feasible and a right in/right out on Downsville Pike would create additional traffic issues. Mr. lseminger expressed his opinion that the property would better serve the community by being donated to the Park or to extend the Park and Ride . Neil Becker, 10811 Wyncote Drive, Hagerstown -Mr. Becker stated that he is opposed to this rezoning request as he was in 2017. He cited concerns with regard to traffic, drivers' safety, pedestrian safety, light pollution, noise pollution, and environmental pollution. He noted that the current owners purchased the properties knowing that they were zoned for residential use. These properties have fallen into greater disrepair since the applicant obtained ownership. Mr. Becker noted that since the demolition of structures last fall, the owners have not performed any further maintenance on the properties (grass has not been cut, trees and shrubs have not been trimmed) and people are dumping piles of trash on the property. He contends that neglect of the properties has contributed to the marketability of using these properties for residential purposes. He believes there are already challenges with traffic at this intersection. Mr. Becker cited several passages from the Staff Report and Analysis in his presentation. He expressed his opinion that the applicant has not proven that a mistake was made in the zoning of the property or that a substantial change has occurred in the neighborhood since the 2012 Comprehensive Rezoning. He noted that if the property is rezoned to HI, all uses permitted in the BL, BG, PB and ORT zoning districts would be allowed on this site. Therefore, the owners would be allowed to develop the property with a use other than the ice cream parlor that is currently proposed. Written comments were submitted by Mr. Becker prior to the meeting and made a part of the official record. Brandon Brereton, 10806 Gaywood Drive, Hagerstown -Mr. Brereton is opposed to the rezoning of this property. He expressed his opinion that traffic is already problematic on Halfway Boulevard. There are no turn lanes to access the residential neighborhoods. Pedestrian safety is also a concern. He expressed his opinion that a traffic stuay should be completed and improvements made in this area. 38 • Lorna Bock, 10811 Brentwood Terrace, Hagerstown -Ms. Bock is opposed to the rezoning as she was in 2017. She expressed concern with regard to traffic on Halfway Boulevard, the safety of the residents of Woodmoor and Oak Ridge developments, the visitors to Marty Snook Park and anyone travelling on Halfway Boulevard. She believes that the property owners have been neglectful in the maintenance of the property and they are hoping that the change in County Commissioners since 2017 will get this rezoning approved. Ms. Bock expressed her opinion that this property would be a nice addition to the Park and the owner and the County should re-visit the option of the County purchasing the property for that use. • Joe Powell, 10811 Brentwood Terrace, Hagerstown -Mr. Powell submitted written comments for the record. He is opposed to the rezoning request as he was in 2017. He expressed his concern with regard to traffic issues on Halfway Boulevard and safety of drivers and pedestrians. Mr. Powell expressed his opinion that Downsville Pike is a definite separation between the RS and HI zoning districts. He noted that the Sheetz store is accessed via a dead-end road not from Downsville Pike like the subject parcels. • Greg Nearchos, 10928 Holly Terrace, Hagerstown -Mr. Nearchos expressed his opinion that a mistake was not made in the zoning of this property and believes that the intent of the County Commissioners was to envelop Marty Snook Park with residential uses. In his opinion, the applicant has not proven that a mistake was made. Mr. Nearchos believes that Downsville Pike has been used as a division for the HI and RS zoning districts. Applicant's Rebuttal Mr. Smith stated that a traffic impact study will be required as part of the development process. The site does have a number of access challenges, which will be resolved or the property will not be developed. As part of the commercial use of the property, it will be surrounded by sidewalks thereby providing a pedestrian pathway from Marty L. Snook Park and allow for better pedestrian traffic for the neighborhood. The Park and Ride is not a residential facility, but a highway facility designed for vehicular parking; therefore, Marty L. Snook Park is not enveloped by residential properties. Mr. Smith believes that much of the testimony given this evening shows there has been a change in the volume of traffic in this area that is creating a more desired commercial use for this property than it was 20 years ago. The highway interchange also changed the definition of the use of this property and what is the best and highest use of the property for the County and its citizens. The public information meeting concluded at 8:30 p.m. REGULAR MEETING OLD BUSINESS WS-19-002 Town of Smithsburg Mr. Goodrich reminded Commission members that a Water and Sewerage Plan amendment submitted by the Town of Smithsburg was presented during a public information meeting held on August 5th _ The request from the Town of Smithsburg is to expand the service area boundary to include 12 parcels of land located at the intersection of MD Route 64 and MD Route 77. Three of those parcels were recently annexed into the Town; the remaining 9 parcels are outside of the Town but they are within the Town's growth area boundary and the County's growth area boundary. The application also requested a change [to the three parcels] in the priority service designation from S-7 to S-1. Staff recommended an alternative to assign the S-3, Programmed service priority designation. Staff recommends that the remaining 9 parcels, should be assigned the S-5, Planned service priority designation. The Staff Report indicates that none of the parcels meet the requirements outlined in the County's Water and Sewerage Plan for the S- 1, Existing Service priority designation. Motion and Vote: Mr. Kline made a motion to recommend approval that the service area boundary be expanded to include the 12 parcels noted in the application and for the assignment of the S-3 and S-5 priority service designations as recommended by staff to the Board of County Commissioners. The motion was seconded by Mr. Weddle and unanimously approved with Commissioner Wagner abstaining from the vote. 39 RZ-l!l_-005 Alcohol Production Facilities Ms. Baker reminded Commission members that a text amendment to the Washington County Zoning Ordinance was presented at the August 5th public information meeting. Proposed amendments include Articles 3, 11, 12, 13, 14 and 28A for Alcohol Production Facilities. Discussion and Comments: Mr. Wiley expressed his opinion that the alcohol production facilities should be allowed in residential areas as a special exception use. Other commission members agreed. Ms. Baker asked if the Commission would like to establish bulk requirements [i.e. setbacks, lot sizes, lot widths, etc.] for these facilities. If specific bulk requirements are not established, there is a category within the Zoning Ordinance that would apply to these types of facilities. Commission members were not inclined to add specific bulk requirements. Motion and Vote: Mr. Reeder made a motion to recommend approval to the Board of County Commissioners of the staff's draft text amendments with the inclusion of the residential districts as a special exception. The motion was seconded by Mr. Kline and unanimously approved with Commissioner Wagner abstaining from the vote. Discussion of Solar Energy Generating Systems (SEGSJ Ms. Baker reminded Commission members that during the August 5th meeting, discussions were held regarding SEGS, legislation for SEGS, and a recent court case by the County which went to the highest court in the State of Maryland. Mr. Goodrich gave a brief update from the Maryland Association of Counties [MaCo] planners affliliate meeting held last week. SEGS was the major topic of discussions and will be a major topic during the new legislative session in 2020. It is anticipated there will be new legislation affirming the PSC's authority for solar energy generating systems and possibly affirming local government's opportunity to participate in those processes. Also discussed were ways that the counties can participate in the process to establish SEGS. One opportunity would be to participate in the PSC's local public hearings. Washington County already has a process in place by making SEGS a special exception use. Ms. Baker announced that the Department of Planning & Zoning will be discussing SEGS issues with the County Commissioners in the near future. She began a discussion with Commission members to gather input relative to what the Commission would like to see as part of the County's process for dealing with SEGS. • Consumption of prime agricultural land -Currently the County does not allow SEGS in the priority preservation areas (PPA), Rural Legacy areas, and Antietam Overlay areas. Discussion and Comment: Mr. Wiley suggested incentivizing areas where SEGS should be developed. Commission members liked the idea of establishing a percentage of land usage for SEGS when using prime agricultural lands. o Recommendation: lncentivizing to keep SEGS out of the PPAs, Rural Legacy and Antietam Overlay areas-financial, tax break, low interest loans, abbreviated permitting times, etc. • Location and Method of connecting to the grid -Ms. Baker noted that Alleghany County requires interconnections to be placed underground. Discussion and Comments: Mr. Reeder expressed his opinion that the interconnections should be placed underground. Mr. Kline suggested that line extensions that may be necessary should also be included. These costs would be the responsibility of the solar companies. Commission members agreed. o Recommendation: Interconnections and line extensions should be placed underground. • Impacts on environmentally sensitive areas and animal habitats -Ms. Baker stated that most counties specifically limit or prohibit generating systems in environmentally sensitive areas. Anne Arundel county requires mitigation for wildlife corridors. Discussion and Comments: Commissioner Wagner recommends following Anne Arundel county's guidelines. Mr. Reeder believes the wildlife corridors should be considered. Mr. Weddle expressed his concern that the corridors would take up more agricultural land. 40 o Recommendation: Require wildlife corridors for sites larger than 15 acres. • Impacts on historic and cultural resources -Ms. Baker noted that nearly all counties reference impacts on historic or cultural resources. Some counties prohibit SEGS within the viewshed of these resources. o Recommendation: Provide a general concept of protecting significant historic resources from solar generating systems. • Decommissioning of Facilities -Ms. Baker stated that all counties have regulations for decommis- sioning /reclamation of facilities. There are regulations existing in our Zoning Ordinance now; however, other counties are requiring bonds posted prior to construction of the system. Discussion and Comments: Commissioner Wagner stated that the County is requiring bonds on the PILOTS already. Mr. Weddle asked if there would be any requirements to return the land to a usable state. Mr. Baker stated that Anne Arundel county requires decommissioning plans to include a requirement for a grading permit or standard grading plan and that all on-site equipment associated with the facility be removed within 12 months of cessation of operations. Mr. Weddle expressed his opinion that this is a very important part of the process. There was a brief discussion regarding the removal of prime soils. Ms. Baker cited Anne Arundel county's regulations which state: "Upon installation, to the degree practicable, avoid disturbing prime ag soils and provide an analysis on how the developer will avoid that. The development may not result in more than 50% of prime ag soils on the site being removed from existing or potential ag production". o Recommendation: Recommend bonding for the installation of SEGS and also a require- ment for decommissioning plans to include a requirement for a grading permit or a standard grading plan to return the ground to a usable state. Also, recommend something similar to Anne Arundel county's regulations regarding the removal of prime ag soils. • Impact on Forest Conservation Act -Ms. Baker explained that the County has been requiring compliance with Forest Conservation requirements when there is a new facility. The PSC has supported this requirement in several cases. She suggested that the County could add mitigate for tree removal when placing a SEGS. Anne Arundel county has a penalty for tree removal at a ratio of 3-to-1. Discussion and Comments: Mr. Kline expressed his opinion that is a reasonable requirement; however, Mr. Wiley expressed his concern that it is too restrictive and would impede property owner's right. o Recommendation: Do not include a mitigation of 3:1 for tree removal. • Buffers. Landscaping and Fencing -Ms. Baker stated that some counties are requiring a buffering around solar panels with landscaping and fencing. She believes that the solar companies will install a fence without the County requiring it because it will protect their equipment. • Discussion and Comments: Mr. Kline expressed his opinion that landscaping should not be part of the requirements. The SEGS could be located in an area where trees would not survive. o Recommendation: The Commission does not recommend landscaping around the solar arrays . Community vs. Utility Scale facilities -Ms. Baker stated that many of the counties differentiate between small scale and large scale solar facilities. The cut-off is the 2 megawatt threshold that the CPCN has established as the breaking point between small and large scale facilities. She explained that the County will continue to regulate SEGS smaller than 2 megawatts by requiring special exceptions, site plans, etc. A discussion with the Board of County Commissioners regarding SEGS has been scheduled for September 24th _ Mr. Les Knapp from Maco will be in attendance also to discuss the State's perspective on this issue. 41 -ADJOURNMENT Mr. Kline made a motion to adjourn the meeting at 9:30 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, October 7, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 ' Rewl;i:tfully tub Clint Wiley, Chairm