HomeMy WebLinkAbout2016 Minutes87
WASHINGTON COUNTY PLANNING COMMISSION
January 4, 2016
The Washington County Planning Commission held its regular meeting on Monday, January 4, 2016 at 7:00 p.m.
at the Washington County Administration Building, 100 West Washington Street, Room 255, 2nd Floor,
Hagerstown, Maryland.
Commission members present were: Chairman Terry Reiber , Dennis Reeder, Clint Wiley, Andrew Bowe_n, David
Kline, Jeremiah Weddle and Leroy Myers, Jr., BOCC ex-officio. Staff members present were: Washington County
Department of Planning & Zoning -Stephen Goodrich, Director and Debra Eckard , Administrative Assistant;
Washington County Department of Plan Review -Tim Lung, Deputy Director; Lisa Kelly and Cody Shaw, Senior
Planners.
CALL TO ORDER
The Chairman called the meeting to order at 7:00 p.m.
MINUTES
Motion and Vote: Mr. Bowen made a motion to approve the minutes of the December 7, 2015 Planning
Commission regular meeting as presented . The motion was seconded by Mr. Wiley and unanimously approved.
NEW BUSINESS
SITE PLANS
Big Spring Solar LLC (SP-15-043)
Ms. Kelly presented for review and approval a site plan for a proposed solar energy generating system located
along the south side of Big Pool Road near its intersection with Ashton Road. The site is currently zoned A(R) -
Agricultural Rural. The developer is proposing to lease 20.34 acres from a 145 acre farm for a solar energy
generating system (SEGS). The SEGS will be comprised of 11,000 non-reflective modules covering the leased
area. A control building and transformer pad will also be constructed on the site . Low growth grasses will be
seeded underneath the SEGS . The modules will produce 3.5 megawatts of clean, renewable electricity, which is
enough to power 750 homes . There will be an 8 foot high black vinyl chain link fence around the site. No signage
is proposed . There will be emergency lights at the control building. A landscape buffer will be planted around the
perimeter to predominantly screen the SEGS from view from the adjacent properties along the entire southern
border of the system . The Board of Zoning Appeals required the screening as a condition of its approval. A
special exception was granted by the Board of Zoning Appeals to allow the construction of the solar energy
generating system in October 2015. The special exception was granted for 46 acres; however, the site plan
indicates that currently 20 .34 acres will be used . The project is exempt from Forest Conservation Ordinance
requirements because it is a public utility. All agency approvals have been received.
Discussion and Comments: Mr. Tom Anderson, representing Community Energy Solar, stated that design
changes were made to the site due to concerns expressed by neighboring property owners. The applicant has no
plans to expand the SEGS beyond the 20 acres at the present time .
Mr . Kline asked where the interconnect would be located. Mr. Anderson explained that the interconnect would be
along the west side of Ashton Road.
Commissioner Myers commended the applicant on their decision to make design changes in response to
comments and concerns received from the neighboring property owners.
Mr. Weddle made an inquiry regarding the maintenance program inside the fence and around the panels. Mr.
Anderson stated that the maintenance will be minimal because the grasses that are seeded will be a low-grow
fescue mix that grows no more than 10 to 12 inches tall. There will be a noxious weed program . Routine site
visits will be performed quarterly to check equipment and semi-annual to annual for panel washings . The
systems are monitored via remote internet access . Mr. Weddle explained that he fa rms the neighboring property
next to the solar generating system at the prison. "Johnson grass ", a common invasive species , can seed qu ickly
from one site to another. It is his opinion that more frequent mowing will be needed to keep the spread of
Johnson grass under control. Mr. Weddle expressed his op inion that this should be addressed in the maintenance
agreement. He noted that the area around the SEGS at the prison is mowed three times per year.
Mr. Reeder asked if storm water management is required on this project. Mr. Anderson stated that storm water
management and sediment control measures will be required during construction . Mr. Gordon Poffenberger of
Fox & Associates, Inc., the consultant, explained that quantitative control is not required for pre-construction on
the site.
Mr. Reiber asked if the Board of Zoning Appeals gave its approval with any conditions. Mr. Poffenberger
presented a copy of the BZA's decision indicating two conditions for approval. Ms. Kelly read the conditions as
follows: the special .exception use is granted for only 46 acres of the farm property and buffering is required along
the site next to residential properties. Mr. Reiber asked if the applicant would agree to a condition on the approval
that if the system is expanded to include the additiona l 26 acres , the plans would come back before the Planning
Commission. Mr. Anderson stated there would be no objection to that condition if des ired by the Planning
Commission .
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Motion and Vote: Mr. Wiley made a motion to approve the site plan as presented with the condition that if the
applicant plans to expand the system beyond the 20 .34 acres, future plans must be approved by the Planning
Commission. The motion was seconded by Commissioner Myers .
Discussion: Mr. Reeder noted that additional screening should be provided on the east side of the property .
Amended Motion and Vote: Mr. Wiley amended his motion to include additional screening along the east side
of the property. The amended motion was seconded by Commissioner Myers and unanimously approved.
Cumberland Valley Veterinary Clinic (SP-15-034)
Mr. Shaw presented for review and approval a site plan for Cumberland Valley Veterinary Clinic located at 17747
Virginia Avenue, Hagerstown. The property is currently zoned BG (Business General). The site plan proposes
an 825 square foot expansion to the existing building and a new 12,622 square foot building with a proposed dog
runway area. The new building will be used for additional space for the veterinary clinic and dog kennels ,
including a dog play area and meeting room. The Board of Zoning Appeals granted an appeal (AP 2014-045) on
February 6, 2015 for a special exception to add a kennel with an outside runway to an existing veterinary clinic
with the following conditions: only the animals in recovery after surgery shall be outside and to the north of the
new kennel building, and, all other dogs are to be boarded in the new kennel building. Fifty employees are
proposed. Six to eight parking spaces are proposed. The hours of operation will be Monday through Friday 7 :00
a .m. to 7:00 p.m. and Saturday, 7:30 a.m . to 1 :00 p.m . All proposed landscaping and lighting shown on the plan
meets all County requirements. All agency approvals have been received with the exception of the City of
Hagerstown Water Department and Washington County Health Department. A subdivision plat and Forest
Conservation Plan must be approved and recorded prior to the site plan being approved; therefore, staff is
requesting that the Planning Commission give staff the authority to approve the site plan after all agency
approvals have been received and the subdivision plat and Forest Conservation Plan has been approved and
recorded.
Mr. Shaw noted that the applicant is requesting a waiver from the landscape island required after 15 consecutive
parking spaces; the applicant is proposing a total of 17 consecutive parking spaces,
Discussion and Comments: Mr. Reiber made an inquiry regarding forest conservation requirements . Mr. Shaw
stated that forest is being retained on site in order to meet Forest Conservation Ordinance requirements . Mr.
Adam Hager of Frederick, Seibert & Associates, the consultant, stated that the Forest Conservation Plan has
been approved but has not yet been recorded . He also noted that approval has been received from the City of
Hagerstown Water Department.
Commissioner Myers expressed his opinion that the requirement for a landscape island for every 15 parking
spaces should be reviewed with the possibility of staff being able to waive the requirement when it seems
appropriate.
Mr. Bowen made an inquiry regarding storm water management for this site. Mr. Adam Hager stated that new
MOE regulations will allow the use of two swales and rooftop and non-rooftop disconnections to address storm
water management requirements on this site .
Motion and Vote: Mr. Bowen made a motion to approve the site plan contingent upon all agency approvals and
the waiver of the parking island for the 17 parking spaces. The motion was seconded by Mr. Wiley.
Discussion: Mr. Larry Michaels, neighboring property owner, stated that when he purchased his property next to
the veterinary clinic there were no kennels or runways . He expressed his concern that the outside runways will
cause additional noise.
Vote: The motion was passed unanimously.
Hospice of Washington County Doey's House (SP-15-036)
Mr. Shaw presented for rev iew and approval a site plan for the Hospice of Washington County Doey's House
located at 11370 Caring Pathway Lane (off Medical Campus Road). The leased area for the site is 11.46 acres
and the functional description of the site is "an end of life care center and grief support provider". The property is
currently zoned ORI (Office, Research & Industry). Ten employees are proposed ; hours of operation will be 24
hours per day 7 days per week. Parking required is 16 spaces and a total of 59 parking spaces will be provided
after both phases 1 and 2 are completed. Landscaping and buffer requirements have been met via tree and
vegetative plantings. Forest Conservation Ordinance requirements have been addressed via forest retention
areas shown on Plat Folios 5813 and 6972. Storm water management requirements have been addressed via
the Yale Drive Extended storm water management pond. All agency approvals have been received with the
exception of the City of Hagerstown Water and Sewer Departments and the Washington County Health
Department. Mr. Shaw stated that the County is requiring the developer to install sidewalks from the proposed
facility to Yale Drive ; however, the developer is requesting a waiver from this requirement.
Discussion and Comments: Mr. Kline expressed his opinion that Hospice should use the money that would be
spent to install sidewalks for patient care. He has no objection to waiving the sidewalk requirement. Mr. Bowen
asked if Meritus has a master plan to show what is being proposed in this area in the future. Mr. Gordon
Poffenberger of Fox & Associates, Inc., the consultant, stated that there is no master plan at this time for this
area . There was a discussion with regard to the requirement for a sidewalk with most members believing that the
sidewalk should be required in the future.
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Motion and Vote: Mr. Bowen made a motion to approve the site plan as presented contingent upon all agency
approvals being received and with sidewalks being required during construction along the driveway from the
facility to Yale Drive. The motion was seconded by Mr. Reeder and unanimously approved.
Potomac Woodlands Cell Tower (SP-15-039)
Mr. Shaw presented for review and approval a site plan for Potomac Woodlands Cell Tower located on a 201 .11
acre parcel with a leased area of 4.65 acres. The site is located at 14679 Big Bend Way in Williamsport. The
property is currently zoned EC (Environmental Conservation). The maximum height of the tower is 199 feet and
will have a galvanized steel finish. On October 15, 2014, the Board of Zoning Appeals granted a request for a
special exception to permit the construction of a wireless cellular communication facil ity (AP 2014-036). Forest
Conservation Ordinance requirements have been addressed using the payment-in-lieu fee. The site will be an
unmanned facility and will not have any potable water or sanitary sewer services or parking facilities. The
landscaping and buffering for the site has been met via retention of the trees and vegetation currently located on
the site. The owner of the tower has reserved 1 O feet of vertical space on the tower for use by Washington
County, if needed in the future. All agency approvals have been received with the exception of the Washington
County Soil Conservation District.
Discussion and Comments: Mr. Weddle asked why the payment in lieu of fee is being used to meet Forest
Conservation requirements since this is the lowest acceptable form of mitigation outlined in the Forest
Conservation Ordinance. Mr. Lung stated that this site is eligible to use the express procedure (or payment-in-
lieu) because the mitigation requirement for the site is less than 2 acres.
Mr. Reiber asked if consideration was given to using a tree or silo style tower as opposed to a stealth tower. Mr.
Lung stated that the Board of Zoning Appeals has the authority to require a specific style of tower; however, the
BZA did not specify the style of tower to be used . There was a brief explanation regarding the use of the stealth
tower as opposed to a tree or silo style tower.
Motion and Vote: Mr. Wiley made a motion to approve the site plan as presented . The motion was seconded by
Mr. Reeder and unanimously approved .
Pinesburg Solar LLC (SP-15-040)
Mr. Shaw presented for review and approval a site plan for Pinesburg Solar LLC for property located at 18835
Schetrompf Lane in Williamsport, east of the Pinesburg Quarry . The developer is proposing to construct a solar
energy generating system on a leased area of 57 .70 acres . The property is currently zoned EC (Environmental
Co nservati on ). A speci al excepti on t o construct th e towe r was g ranted by th e Board of Zoning Appeals on July 15,
20 15 (AP 2015 -0 19). Th ere w ill be no e mpl oyees; therefo re, no potab le w ater, sanitary sewer services or parking
f acilit ies are requi red . T he site is exem pt from Forest Co nservation O rd in ance requirements per Section 3.2(J) of
th e Ordin ance . Bu ffer and landsca pin g requirem ents have been met via the retention of existing vegetation and
the proposed planting of 132 trees along the residential areas. Storm water management quantity control will not
be required due to the small amount of proposed impervious area . Storm water management quality control will
be addressed via disconnection of non-rooftop runoff credit and impervious area reduction via the use of
reinforced turf access roads . All agency approvals have been received with the exception of the Washington
County Soil Conservation District.
Discussion: Mr. Reiber made an inquiry regarding screening of the site. Mr. Tom Anderson of Community
Energy Solar stated that the site is predominantly surrounded by woods ; however, there are two areas that will be
landscaped from neighboring residential properties .
Mr. Kline asked where the inter-connect will be located . Mr. Anderson stated it will be along Bottom Road . There
is an existing pole line that runs along the farm lane where overhead lines can be located .
Commissioner Myers asked if the developer would submit another plan if they intend to expand this SEGS in the
future . Mr. Anderson stated that this SEGS cannot be expanded.
Mr. Weddle reiterated his previous concerns regarding maintenance of weeds and grass inside the fenced area.
There was a brief discussion regarding mowing of the site and the cost incurred by neighboring farmers to spray
for weeds and grasses .
Motion and Vote: Commissioner Myers made a motion to approve the site plan as presented contingent upon all
agency approvals . The motion was seconded by Mr. Wiley and unanimously approved.
OTHER BUSINESS
Update of Staff Approvals
Mr. Lung repo rt ed t here we re 26 new submittals made to the Department of Plan Review including a site plan for
improvements at Je ll ystone Ca mp grou nd and a site plan for a new sit down restaurant to be located off of Railway
Lane near the Ho li day Inn Ex press . T he re we re 9 plan approvals issued in December. A site plan was approved
by staff for the A MC Ca r Wash on Du a l Highway, formerly the Sharrett Volkswagen site.
Comp Plan Update
Mr. Goodrich noted that staff is organizing an d ana lyz ing all comm en ts rec eiv ed at the previously held public
meetings. Comments included the following conc erns : in crea sing th e re -u se and rev itali za ti o n of lan d rat her than
expanding into undeveloped areas, protecti on and pro moti on of ag ricultural reso urces in th e County,
environmental regulation concerns and its impact on the eco nom y, prom otion of econo mic devel opm ent that
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preduces more job opportunities, and incorporation of new sustainable energy opportunities into local regulations .
These comments will help mold the goals, objectives and recommendations of the Plan. Staff has begun drafting
sections of the Plan based on the comments received . A mass e-mail was sent to large organizations, such as
the Chamber of Commerce, asking for their help in spreading the word to their employees or members about the
Comp Plan Update. Several presentation meetings have been scheduled with various organizations throughout
the County. The surveys on the Comp Plan website will remain active through the end of January.
There was a brief discussion regarding the re-use and revitalization of land including incentives that could be
used to encourage developers to re-use or revitalize land and buildings. Members also discussed the impact of
adjusting the urban growth area boundary. Mr. Goodrich stated that the Zoning Ordinance contains guidelines for
the maintenance of empty buildings .
The Chairman called the Closed Session to order at 8:35 p .m.
CLOSED SESSION
To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal,
resignation, and/or performance evaluation of appointees, employees, or officials over whom this public body has
jurisdiction.
The Chairman adjourned Closed Session at 8:47 p.m.
ADJOURNMENT
Commissioner Myers made a motion to adjourn the meeting at 8:50 p.m. and so ordered by the Chairman .
UPCOMING MEETINGS
1. Monday, February 1, 2016, 7:00 p.m., Washington County Planning Commission regular meeting,
Washington County Administration Building, 100 West Washington Street, Room 255, Hagerstown,
Maryland
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WASHINGTON COUNTY PLANNING COMMISSION
February 1, 2016
The Washington County Planning Commission held its regular meeting on Monday, February 1, 2016 at
7:00 p.m . at the Washington County Administration Building, 100 West Washington Street, Room 255,
2nd Floor, Hagerstown, Maryland.
Commission members present were: Chairman Terry Reiber, Clint Wiley, Andrew Bowen , Jeremiah
Weddle and Leroy Myers, Jr., BOCC ex-officio. Staff members present were: Washington County
Department of Planning & Zoning -Stephen Goodrich, Director; Jill Baker, Chief Planner; and Debra
Eckard, Administrative Assistant; Washington County Department of Plan Review -Tim Lung , Deputy
Director; and Lisa Kelly, Senior Planner.
CALL TO ORDER
The Chairman called the meeting to order at 7:00 p.m .
MINUTES
Staff requested a clarification on the motion to approve the site plan for Hospice of Washington County
Doey's House (SP-15-036) which was presented at the January 4, 2016 meeting. By consensus, the
Planning Commission re-stated the intent of the motion and requested that the minutes be amended to
reflect same. The amended minutes will be presented to the Planning Commiss ion during the March 7th
meeting.
NEW BUSINESS
PR Valley Limited Partnership (SV-16-001)
Ms. Kelly presented for review and approval a modification request for PR Valley Limited Partnership for
property located along the northwest side of Massey Boulevard and the interior street at the Valley Mall.
The developer is propos ing the subdivision of Lot 4 and Lot 4A; both lots will be used for retail or
commercial businesses. Lot 4A will contain 0.5 acre and the remaining lands on Lot 4 will be 1.04 acres
in size. Access to the proposed Lot 4A will have access on the interior street only. The developer is
requesting a modification from Section 405.11 B(a) of the Subdivision Ordinance which requires all newly
subdivided parcels to have access onto a public road .
Discussion and Comments: Mr. Bowen asked if Lots 4 and 4A have denied public access along any of
the properties' frontage . Ms. Kelly stated there is no denied access for either lot. Mr. Steve Cvijanovich of
Fox & Associates, Inc., the consultant, stated that Lots 3 and 6 [shown on the plat] were denied access to
Massey Boulevard, while shown on the plat as such. Mr. Bowen expressed his opinion that access should
be from the interior roundabout area, which is the existing private access road serving the hotel, versus
Cole Road and Massey Bouelvard. Mr. Wiley concurred with this opinion. Mr. Weddle expressed his
concern with regard to access on the roundabout and believes it could be confusing for drivers.
Motion and Vote: Mr. Bowen made a motion to approve the proposed subdivision subject to denied
access to public roads with the exception of the egress round about lane (the existing private road serving
the hotel). The motion was seconded by Mr. Weddle and unanimously approved.
Seth and Annette Eby (SV-16-003)
Ms. Kelly presented for review and approval a modification request from Section 405 .2A of the
Washington County Subdivision Ordinance for Seth and Annette Eby for property located along the south
side of Reiff Church Road . The property is currently zoned A(R) -Agricultural Rural. A preliminary/final
subdivis ion plat is currently being reviewed by the Department of Plan Review for Parcel A The applicant
is proposing to create a two acre lot off of their 24 acre parcel for the Reiff Mennonite Church to use for
additional parking only. The proposed access into Parcel A would be approximately 50 feet from an
adjacent access which is an existing lane [owned by Meyers]. The proposed frontage of the parcel is 175
feet; therefore the 300 foot access separation requirement could not be met. Reiff Church Road is
class ified as a major collector in the County's Highway Plan.
Discussion and Comments: Mr. Ed Schreiber of Frederick, Seibert & Associates, the consultant, stated
that the church is proposing to use this parcel for occas ional overflow parking; however, they would like to
have access onto Reiff Church Road for future use. Church members would use the existing lane
[Meyer's property] to cross from the parking lot to the church. Mr. Schreiber believes that Mr. Meyers
would be amiable to granting an easement across the lane for the church . Sight distance for the parcel
has been determined to be adequate.
Motion and Vote: Mr. Wiley made a motion to approve the modification contingent upon obtaining an
easement across the lane [owned by Meyers] from the parking lot to the church. The motion was
seconded by qommissioner Myers and unanimously approved .
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SUBDIVISIONS
Freedom Hills, Phase Ill, Lots 100-165 (S-15-022)
Ms. Kelly presented for review and approval a preliminary/final plat for Freedom Hills, Phase Ill, Lots 100-
165 as well as a preliminary/final Forest Conservation Plan. The subject site is located along the north
side of Garden View Drive just west of Maugansville across from the Garden Spot subdivision. The
property is currently zoned RT (Residential Transition). The developer is proposing to create 42 semi-
detached, age-restricted lots and 26 single-family lots for a total of 68 lots on 22 acres. There will be no
remaining lands for development. All lots will have access via proposed public streets and will be served
by public water and sewer. Forest Conservation Ordinance requirements will be met by retaining 1.79
acres of existing forest, planting 0.49 acres of trees, and making a payment in lieu for 0.6 acres in the
amount of $7,971.48. Ms . Kelly stated that the developer will sign an agreement to meet APFO
requirements for roads and prior to final plat approval, the developer shall initially pay $15,600. The
developer will also pay $1,500 for each of the 68 lots at the time of individual lot development, which will
be required prior to the issuance of a building permit. This meets the total APFO obligation for roads in
the amount of $117,600 . The Maugansville Elementary School is over capacity and the Alternate
Mitigation Contribution (AMC) will be used to meet the APFO School mitigation . The age-restricted lots
are exempt from the school section of the APFO; and therefore, will not be included in the APFO
mitigation for schools. A total of $96,975.40 will be required to meet this obligation . All agency approvals
have been received except from the Washington County Soil Conservation District and Washington
County Health Department. The developer is requesting that the semi-detached lots be platted
separately in order that development can start in this phase .
Motion and Vote: Mr. Bowen made a motion to approve the subdivision plat and Forest Conservation
Plan contingent upon all agency approvals. The motion was seconded by Commissioner Myers and
unanimously approved .
SITE PLANS
Chili's Restaurant (SP-15-046)
Ms. Kelly presented for review and approval a site plan for Chili's Restaurant located south of Railway
Lane and along the south side of Halfway Boulevard adjacent to the Holiday Inn Express . The property is
currently zoned BG -Business General. The developer is proposing to construct a restaurant on the 7.9
acre parcel. The proposed restaurant will be on the same parcel as the Holiday Inn Express . The
building will be 6200 square feet in size and 25 feet in height. There will be one access into the interior of
the site. The site will be served by public water and sewer. Parking required is 91 spaces and 95 spaces
will be provided. Several parking spaces will be labeled "take-out only". The dumpster will be located
adjacent to the building . There will be two freight and delivery trucks per day . There will be 50 to 60
employees. Hours of operation will be Monday thru Thursday 11 :00 a.m . to 11 :00 p.m., Friday and
Saturday 11:00 a.m. to 12 :00 a.m., and Sunday 11 :00 a.m. to 10:00 p.m. Lighting will be pole and
building mounted; a free standing sign 35 feet in height will be located in the southeast corner of the
parcel. Various landscaping will be provided around the building . Forest Conservation Ordinance
requirements for this parcel were met with the approval of the site plan in 2000 for the Holiday Inn
Express. All agency approvals have been received .
Motion and Vote: Mr . Wiley made a motion to approve the site plan as presented . The motion was
seconded by Mr. Weddle and unanimously approved.
OTHER BUSINESS
Staff Approvals
Mr. Lung reported that 32 new submittals were processed by the Department of Plan Review with
approximately 75% of those being grading, utility, and entrance plans associated with building permits.
Approvals were granted for 7 subdivisions and site plans including minor site plans for Miller's Farmstead
located along Route 40, and improvements at the Yogi Bear Jellystone Campground .
Comprehensive Plan Update
Binders were distributed to the Planning Commission members containing information and data collected
to date, which includes : a list of all State land use goals, the County's Mission Statement, and the current
Comprehensive Plan goals ; the Goals and Objectives; summaries of all meetings we have held to date;
and survey results from surveys posted on-line, approximately 200 responses were received. Ms. Baker
reported that presentations have been made to several organizations including the Maryland Municipal
League, the Economic Development Commission , Leadership Washington County, Hagerstown
Community College's President's Cabinet, and the Homebuilders Association. More presentations are
scheduled with the Homebuilder's Association Land Council, Board of Education Facilities Committee, the
Rotary Club, and the Maugansville Ruritan .
.
Discussion: There was a brief discussion on community outreach efforts and how to get the public more
involved by using methods such as individual mailings or robo-calls.
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Ms. Baker noted that the first focus should be on the Goals and Objectives for the Plan . Currently, the
Plan has four main goals, which mimic the Mission Statement for the County . She then posed the
following questions to the Commission members:
1. Do we need to change these goals and objectives? [We briefly reviewed the current goals
and objectives.]
2. What do we want to accomplish? What are we doing right? What are we doing wrong?
Ms. Baker encouraged members to review the survey results and choose one result that surprises them.
Commission members decided to hold a Workshop meeting on Monday, February 22, 2016 at 3:00 p.m.
ADJOURNMENT
Mr. Wiley made a motion to adjourn the meeting at 9:00 p.m. So ordered.
UPCOMING MEETINGS
1. Monday, March 7, 2016, 7:00 p.m., Planning Commission regular meeting, 100 West
Washington Street, Room 255, Hagerstown, Maryland
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WASHINGTON COUNTY PLANNING COMMISSION
WORKSHOP MEETING
February 22, 2016
The Washington County Planning Commission held a workshop meeting on Monday, February 22, 2016
at 3:00 p.m. at the Washington County Administration Building, 100 West Washington Street, Room 255,
2nd Floor, Hagerstown, Maryland.
Commission members present were: Chairman Terry Reiber , Clint Wiley, Andrew Bowen , Jeremiah
Weddle, Dennis Reeder and David Kline. Staff members present were : Washington County Department
of Planning & Zoning -Stephen Goodrich, Director; Jill Baker, Chief Planner; Fred Nugent, Parks and
Environmental Planner; Meghan Jenkins, GIS Analyst; and Debra Eckard, Administrative Assistant.
CALL TO ORDER
The Chairman called the meeting to order at 3:00 p.m.
COMMISSION MEMBER APPOINTMENT RECOMMENDATIONS
Mr. Reeder has been re-appointed by the Board of County Commissioners to the Planning Commission
for an additional five year term.
Mr. Wiley's second full term will expire on March 31 51
. Previously the Planning Commission decided to
recommend that the County Commissioners waive the two term limit and re-appoint Mr. Wiley because
his experience and expertise during the on-going Comprehensive Plan Update will be extremely helpful.
Mr. Wiley expressed his willingness to continue to serve . However, Mr. Goodrich stated that the County
Commissioners' policy recommends that all boards and commissions should submit 2 or 3 applicants to
fill vacant positions. Following a brief review of applicants interested in appointment to the Planning
Commission, the Commission recommends the following persons to the Board of County Commissioners
for appointment:
1. Clint Wiley (with the explanation for re-appointment)
2. Edward Wurmb
3. Philip Ulzheimer
COMPREHENSIVE PLAN UPDATE
Ms. Baker began the work session with a review of the County's mission statement, which is mimicked by
the Comprehensive Plan goals for the County . The current Comp Plan focused on these goals, which
were broken down into sub-goals or objectives. Recommendations were then developed to implement or
achieve the goals and objectives in the most efficient manner. Staff has evaluated each goal and
objective to determine if they have been accomplished . Ms. Baker noted that the last Comp Plan focused
on Smart Growth Initiatives -Rural Area down zoning, the Urban Growth Area rezoning and Town
Growth Area rezoning.
Ms. Baker explained that we need to decide what the focus of this Comprehensive Plan should be
keeping in mind that there are regulations established by the State of Maryland to which we must adhere .
Mr. Reiber expressed his opinion that we need to encourage economic growth from businesses; and , if
the business growth comes we need to focus on housing and utilities. Mr. Reeder stated that during the
public meetings that were conducted across the County, the main concern was the lack of utilities , such
as water and sewer.
Mr. Wiley discussed industries with high water usage and low economic advantages and questioned how
we regulate that through land use in the County. Ms. Baker suggested working with EDC to develop a
priority system, starting with an inventory of land and uses that we currently have. Then the question
becomes, should we concentrate on revitalization of under-utilized or vacant land?
Mr. Reiber expressed his opinion that the County only has a certain amount of land to be used for
economic growth of both industry and housing . Where do we go after that is all used? Mr. Wiley
expressed his opinion that we should look at the current trends and opportunities to make sure we are
adequately addressing them so opportunities exist for landowners.
Members discussed commuters coming in and going out of the County for employment. The question
was asked , "Is Washington County a bedroom community?" Our education system in the County is
expanding ; however, the jobs and salaries to keep people here is lacking. Members believe that we will
have commuter traffic no matter what, but transit should not be the focus of the Comprehensive Plan. The
Commission briefly reviewed commuter projections.
Members discussed the cost differential of installing utilities , such as electric, between industrial and
res idential development. Mr. Kline expressed his opinion that adequate utilities could be used as an
incentive to entice businesses to locate in the County. Should we include adequate electricity, natural
gas, and broadband as a necessary utility, the same as water and sewer? The Commission reviewed an
inventory recently completed by EDC outlining under-utilized and vacant properties with potential for
business development. This information will be provided to the Commission members for future use .
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Commission members briefly reviewed projected changes in the job industry between 2013 and 2040
from the Bureau of Labor Statistics. Members requested a copy of this chart for future use also. We also
reviewed the list of the largest employers in Washington County. Mr. Weddle expressed his opinion that
people with jobs, such as warehouse workers and farm employees, will need to be educated because
technological advancements being used by these industries will continue to grow.
Ms. Baker stated that there are no agenda items for the regular Planning Commission meeting scheduled
on Monday, March 7, 2016. After a brief discussion, Commission members decided they would like to
schedule a brief Workshop meeting during that time to continue working on the Comprehensive Plan .
Another Workshop meeting has been scheduled for Monday, March 21, 2016 at 7:00 p.m.
ADJOURNMENT
The Chairman adjourned the workshop meeting at 4:40 p.m.
Res ~bmitted,
en ~ Try e1 er, hairma
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR / WORKSHOP MEETING
March 7, 2016
The Washington County Planning Commission held a regular/workshop meeting on Monday, March 7,
2016 at 7:00 p.m. at the Washington County Administration Building, 100 West Washington Street, Room
255, 2nd Floor, Hagerstown, Maryland.
Commission members present were: Chairman Terry Reiber, Clint Wiley, Andrew Bowen, Jeremiah
Weddle, Dennis Reeder and David Kline. Staff members present were: Washington County Department
of Planning & Zoning -Stephen Goodrich, Director and Jill Baker, Chief Planner.
CALL TO ORDER
The Chairman called the meeting to order at 7:00 p.m.
MINUTES
Motion and Vote: Mr. Bowen made a motion to approve the minutes of the January 4, 2016 regular
meeting as presented . The motion was seconded by Mr. Reeder and unanimously approved.
Motion and Vote: Mr. Reeder made a motion to approve the minutes of the January 4, 2016 Closed
Session meeting as presented . The motion was seconded by Mr. Bowen and unanimously approved .
Motion and Vote: Mr. Bowen made a motion to approve the minutes of the February 1, 2016 regular
meeting as presented. The motion was second by Mr. Wiley and unanimously approved.
Motion and Vote: Mr. Bowen made a motion to approve the minutes of the February 22, 2016 workshop
meeting as presented. The motion was second by Mr. Wiley and unanimously approved.
WORKSHOP
Comprehensive Plan Update
Ms. Baker began by discussing the commuting patterns coming into the County versus leaving the
County. During the February 22nd workshop meeting, Mr. Wiley noted that there were more commuters
coming into Washington County than leaving the County as referenced in an article in the Herald-Mail.
There were approximately 500 more commuters coming into Washington County during 2014; however,
during the same time period there was a decline of approximately 1500 jobs.
Ms. Baker reviewed the County's Mission Statement and began a discussion regarding the goals and
objectives of Goal 2 : "Promote a balanced and diversified economy, including agriculture" of the current
Comp Plan.
• Objective 1: Maintain at least 50,000 acres of land in agricultural production putting an emphasis
on farming as a way of life and promoting the agricultural support industry.
Ms. Baker explained this is the acreage that has been calculated to support agriculture and
agricultural industries in Washington County. We currently have approximately 28,000 acres of
permanently preserved agricultural lands, not including any governmentally owned lands.
• Objective 2: Preserve our mineral resources for continued future production.
Ms. Baker noted that the County currently supports shale pits, limestone quarries, and a sand
company that has recently moved into the Hancock area.
• Objective 3: Expansion of existing businesses while encouraging development of new
manufacturing and high tech industries.
Ms. Baker noted that retention and expansion of existing businesses is currently the #1 priority of
the County's Economic Development Commission and Business Development Department.
• Objective 4: Provide new locations for industry that will encourage the use of existing
infrastructure facilities and take advantage of the interstate transportation system .
• Objective 5: Encourage and expand opportunities for recreation, leisure and educational tourism
development with emphasis on heritage tourism attractions.
Ms. Baker noted that we received a lot of feedback regarding tourism from the community during
our public participation process.
• Objective 6: Promote educational opportunities that develop and improve labor force.
This objective should be re-evaluated as it relates to land use.
• Objective 7: Maximize opportunities for using the airport and railroad and promoting economic
development.
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Ms. Baker noted that airport ridership has increased and new businesses including aviation
related schools are now located at the airport. Throughout this process, the Commission may
evaluate the Airport's Long Range Plan. Consideration needs to also be given to promoting
railroads and the intermodal transportation facility just across the Pennsylvania state line .
• Objective 8: Transformation of the former Fort Ritchie military base to the Lakeside Corporate
Center.
The Lakeside Corporate Center no longer exists; however, the Pen Mar Corporation is extremely
interested in re-development of this site . This objective needs to be re-evaluated .
Mr. Bowen began a discussion relative to technology and making decisions for the future of the County.
Many industries are using more technology , which means more skilled labor and training is required for
jobs even in manufacturing and warehousing. Members discussed ways to promote, from a land use
perspective, more educational opportunities in the County. Ms. Baker noted that creating a new zoning
designation and application of it to the Hagerstown Community College provided an opportunity to meet
its own needs whereby businesses could provide internships at the college with the hope of growing and
expanding in the County in the future.
Members discussed ways to promote diversified industries. Ms. Baker noted that the current Comp Plan
promotes targeted economic development areas such as the Hopewell Valley, Friendship Technology
Park, the Airport, etc. Should the County promote more opportunities in the Town Growth Areas? Should
the County provide more incentives for the expansion and location of industries in the County? It was
noted that projections are showing a 10% decrease in manufacturing jobs over the next 20 to 25 years
statewide.
There was a brief discussion regarding ways to encourage the growth and expansion of smaller
businesses and how this relates to land use. Some of the following questions were raised: 1) should we
promote programs to have land and/or buildings ready?; 2) Are there land use regulations undermining
this process?; 3) Do we have zoning districts that don't allow this to happen? Members discussed the
current incentives that the County has to offer to attract businesses such as: available work force,
available flat land, and available water and sewer.
Mr. Bowen asked if there are other cultural influences that could affect land use. For example, dining out
has increasingly become more routine in recent years as well as the use of bicycle and pedestrian
pathways.
Consensus: The Planning Commission recommends adding an objective relative to small business
development and expansion to the economic development section.
Mr. Weddle briefly discussed issues related to the preservation of farm land in Washington County. Due
to changes in State land use regulations he believes that the County will be losing agricultural to
development acreage and getting less money through the ag transfer tax to spend on preserving
farmland. Mr. Goodrich stated that the County currently has 7 agricultural land preservation programs .
Mr. Weddle expressed his opinion that most of the preserved (open space) land in the County is being
preserved using Rural Legacy funds instead of preserving farmland using MALPP (Maryland Agricultural
Land Preservation Program) funds . MALPP funding is split with the State contributing 60% and the local
government (County) contributing 40% of the funds. Mr. Weddle expressed his opinion that other counties
around the area are preserving more farmland than Washington County. He questioned where other
counties are getting the money to preserve this land.
Ms. Baker explained that the County currently has Priority Preservation Areas (PPAs), which includes
approximately 75,000 acres of primarily agricultural land. There was a brief discussion relative to the
methodology used to establish the PPAs . Staff would like to further explain the methodology used and
guidelines dictated by the State of Maryland when establishing the PPAs.
ADJOURNMENT
The Chairman adjourned the workshop meeting.
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WASHINGTON COUNTY PLANNING COMMISSION
WORKSHOP MEETING
March 21, 2016
The Washington County Planning Commission held a workshop meeting on Monday, March 21, 2016 at
7:00 p.m. at the Washington County Administration Building, 100 West Washington Street, Room 255,
2nd Floor, Hagerstown, Maryland.
Commission members present were: Vice Chairman Clint Wiley, Andrew Bowen, Jeremiah Weddle,
Dennis Reeder and David Kline. Staff members present were: Washington County Department of
Planning & Zoning -Stephen Goodrich , Director; Jill Baker, Chief Planner; Eric Seifarth , Rural
Preservation Administrator; and Debra Eckard, Administrative Assistant.
CALL TO ORDER
The Vice-Chairman called the meeting to order at 7:00 p.m.
WORKSHOP
Comprehensive Plan Update
Mr. Goodrich began the meeting with a discussion regarding questions that were raised during the last
workshop meeting relative to agriculture, priority preservation areas and funding for agricultural programs .
He introduced the County's Land Preservation Administrator Eric Seifarth.
Ms. Baker addressed the topic of Priority Preservation Areas (PPAs), which are the result of the
Agricultural Stewardship Act of 2006. The purpose of this Act is to ensure that certified agricultural land
preservation programs across the State of Maryland were purchasing permanent easements in the most
cost-effective manner possible. The program was voluntary; however, any county that did not adopt PPAs
would not receive State certification and would lose about 47% of its share of the agricultural transfer tax.
Our county currently receives 75%; if we did not participate in adopting PPAs our funding would be cut to
33%. Ms. Baker reviewed the criteria and methodology used to establish the PPAs in Washington County
as dictated by the State, which are essentially the same as the MALPP program . She presented a map
showing the areas of protected lands around the County . Washington County has a goal of preserving
50,000 acres of land .
Ms. Baker briefly discussed the septic tiers law. She noted that property owners in the rural areas are
currently restricted to the development of 7 lots because the County Commissioners have not adopted a
septic tiers map. If the Commissioners would adopt a map in the future and there are tier 3 areas in the
rural area, property owners would be permitted to have major subdivisions above the 7 lot limit. However,
parcels in the PPAs would not be eligible for major subdivisions and the 7 lot limit would apply. Priority
preservation areas do not allow solar energy generating systems.
Discussion: Mr. Weddle asked if solar energy generating systems (SEGS) are currently recognized as
an agricultural use . Ms . Baker stated that they are not. Mr. Weddle expressed his opinion that if agri-
cultural land is being used for SEGS or any other non-agricultural use, he believes that the tax collected
on these properties could be earmarked and put in the MALPP program to preserve more agricultural
land. Ms. Baker stated this could be discussed in the Comp Plan as alternative funding mechanisms for
agricultural land. However, the County Commissioners would be the governing body to establish a
program of this type. Mr. Goodrich believes that legal advice from the County Attorney's office is needed .
Mr. Seifarth volunteered to begin researching the issue of using solar taxes for agricultural easements.
He will contact the Assessments office, representatives statewide to see how other counties handle this,
and the County Attorney's office.
Mr. Seifarth discussed the various programs available in the County for the protection of agricultural land
and the sources of funding for these programs . He explained the MALPP funding and how it is split
between the County and the State . Mr. Weddle expressed his concern and other farmers' frustrations that
Washington County is not contributing additional money into land preservation programs. There was a
brief discussion regarding how other counties are getting more funding and how many farmers are waiting
for easements. It was noted that preservation of agricultural land and support of the agricultural economy
are major goals of the Comprehensive Plan.
Ms. Baker distributed a handout "Economic Development Summary -2015" to members. This handout
was prepared by the Department of Business Development and gives a snapshot of the economy of
Washington County . Ms. Baker briefly reviewed some of the goals for economic development discussed
during the last workshop meeting . She reviewed data that has been collected showing the current and
projected jobs in Washington County. The Bureau of Economic Analysis breaks down employment by
wage and salary or proprietorship. Ms. Baker began a discussion regarding the labor force, salaries and
vacant and undeveloped parcels in Washington County.
Ms. Baker reported that the City of Hagerstown is in the process of updating its Comprehensive Plan. As
part of that process, they are reviewing the Medium Range Growth Area boundaries (MRGA). The
MRGA delineates the area the City believes it can accommodate with infrastructure services. Three
c~anges to the MRGA are currently being discussed and include the following: inclusion of Sharpsburg
Pike area down to the new Walmart; expand services in the area of the Friendship Technology Park
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along Downsville Pike (Maryland Route 632); and retract the boundary in the area of the Hopewell Valley
North.
Kassie Lewis, the Director of the Washington County Department of Business Development will be
present at the April 11 1h workshop meeting to discuss the EDC priorities. Ms. Baker asked Commission
members for questions or topics they would like to discuss during that meeting. The following were
suggested:
• What do they need from us?
• What can the Planning Commission do to help?
• Are businesses looking for new land or buildings to renovate?
• Is there enough land zoned for business development?
• What can we do to make the County more attractive for business?
• Could we develop and adopt zoning overlays that bring more business development to the area?
• Is the availability of water and sewer services an issue in bringing development to the area?
ADJOURNMENT
The Vice-Chairman adjourned the workshop meeting at 8:50 P,
Clint Wiley, Vice-Chairman/
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING
April 4, 2016
The Washington County Planning Commission held a regular meeting on Monday, April 4, 2016 at 7:00
p.m. at the Washington County Administration Building, 100 West Washington Street, Room 255, 2nd
Floor, Hagerstown, Maryland.
Commission members present were: Chairman Terry Reiber, Clint Wiley, Jeremiah Weddle, Dennis
Reeder, David Kline and Ex-Officio Leroy Myers, Jr. Staff members present were: Washington County
Department of Planning & Zoning -Stephen Goodrich, Director and Debra Eckard, Administrative
Assistant; Washington County Department of Plan Review -Tim Lung, Deputy Director; Lisa Kelly,
Senior Planner; and Cody Shaw, Senior Planner.
CALL TO ORDER
The Chairman called the meeting to order at 7:00 p.m.
MINUTES
Motion and Vote: Mr. Reeder made a motion to approve the minutes of the March 7, 2016 regular
meeting as presented . The motion was seconded by Mr. Wiley and unanimously approved.
NEW BUSINESS
Brittany (Horn) Taylor (SV-16-004)
Ms. Kelly presented for review and approval a modification from Section 405.11 B(A) of the Washington
County Subdivision Ordinance to remove the restriction on the sale of a lot without road frontage that was
placed as a condition of approval. The Ordinance states that a lot without road frontage cannot be
conveyed to anyone other than an immediate family member for a period of ten years. The subject site is
located along Horn Lane, which is a private road . The property is currently zoned A(R) -Agricultural
Rural. In 2008, an immediate family member lot was created under the name of James Horn, Lot 4 which
contained 1.48 acres. In order to meet subdivision requirements in place at that time, a 10 year
restriction was placed on the lot, which did not allow for sale of the lot outside of the immediate family for
a period of 10 years. The lot was conveyed to the owner's granddaughter, Brittany Horn Taylor. Ms.
Taylor wishes to remove this restriction so that she and her husband can sell the lot. The Taylors no
longer wish to build on this property since Mrs. Taylor's family members no longer live on the adjacent
lots.
Ms. Kelly stated that if the modification request is approved, a re-plat would need to be submitted to the
County's Department of Plan Review showing the removal of the 10 year restriction. A deeded easement
would also be required for access to the lot.
Discussion and Comments: Commissioner Myers asked how long it would take to have a re-plat
completed. Mr. Hager of Frederick, Seibert & Associates was present at the meeting, and stated that a
reasonable guess would be approximately 3 months.
Mr. Wiley expressed his opinion that because there is only 2 % years left on the restriction, approval
should be granted. Mr. Reiber disagreed and believes the restriction should remain in place because the
owners agreed to it prior to approval in 2008. He also believes that access to the lot is a major issue that
would need to be resolved . Mr. Kline stated he understands the issue from a personal perspective;
however, from a business perspective if the restriction is waived for one person it needs to be waived for
everyone. Mr. Reeder agreed with Mr. Wiley's comments. Mr. Weddle agreed with Mr. Reiber's and Mr.
Kline's comments. Commission Myers asked if a financial hardship was cited in the application . Ms .
Kelly stated that a hardship was not given in the application.
Motion and Vote: Mr. Wiley made a motion to approve the modification request as presented. The
motion was seconded by Mr. Reeder. The vote was as follows: Mr. Wiley and Mr. Reeder voted "Yes";
Mr. Kline, Mr. Weddle and Commissioner Myers voted "No". The motion was defeated and approval was
denied.
SITE PLANS
Bowman Fuel Station (SP-15-001)
Ms. Kelly presented for review and approval a site plan for the Bowman Fuel Center located in the
southwest corner of the intersection of Mapleville Road and Jefferson Boulevard. The property is
currently zoned BL -Business Local. The developer is proposing to construct a fuel station on the .91
acre parcel. There will be no on-site employees, no on-site parking, and no water and sewer services on
the site; however, public utilities are available in this area. The proposed gas pump area will encompass
2,241 square feet and the proposed pavement area is 10,800 square feet. The hours of operation will be
7 days per week, 24 hours per day. There will be two tractor trailer deliveries per week. Pole lighting will
surround the fuel station and lights will also be located on the canopy. Access will be from Mapleville
Road only. A sign will be attached to the fuel canopy . Landscaping will include various shrubs in the bio-
retention pond which is located to the rear of the parcel; arborvitae will be planted along the southern
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-property line. Forest conservation requirements will be met using the payment-in-lieu option in the amount
of $1352.55. All agency approvals have been received.
Motion and Vote: Commissioner Myers made a motion to approve the site plan as presented. The
motion was seconded by Mr. Wiley and unanimously approved.
Resh South East Solar Project (SP-16-006)
Mr. Shaw presented for review and approval a site plan for the Resh South East Solar project located
along the west side of Greencastle Pike on the site of the Resh Road Landfill. The property is currently
zoned EC -Environmental Conservation. The leased area is 22 acres in size. The developer is
proposing a solar powered generation field. There will be no employees on-site . Forest Conservation
requirements are currently being reviewed. Site landscaping is under review. Storm water management
will be handled via disconnection of non-rooftop run-off credits. The Plan Review -Engineering
Department has approved the plan. Revisions to address comments from the Plan Review -Land Use
Department, Addressing, and Soil Conservation District are pending. Mr. Shaw stated that this site plan
was placed on the agenda at the request of the County Administrator due to time sensitive issues and
financial implications.
Discussion and Comments: Mr. Weddle made an inquiry regarding maintenance inside the fence. Mr.
Adam Hager of Frederick, Seibert & Associates, the consultant, stated that a contractor will be used to
mow the grass.
Motion and Vote: Mr. Wiley made a motion to approve the site plan pending receipt of all agency
approvals . The motion was seconded by Commissioner Myers and unanimously approved.
Forty West Solar Site (SP-16-007)
Mr. Shaw presented for review and approval a site plan for the Forty West Solar Site located along the
north side of Earth Care Road. The property is currently zoned EC -Environmental Conservation. The
leased area is approximately 25 acres in size. The developer is proposing a solar powered generation
field on a closed portion of the Forty West Landfill. There will be no employees on-site. Storm water
management will be handled via disconnection of non-rooftop run-off credits. Forest Conservation
requirements were previously addressed on the approved site plan for the Forty West Landfill (SP-99-
043). Site landscaping and screening is currently under review. All approvals have been received except
for the Plan Review -Land Use Department; revisions have been received and are being reviewed . Mr.
Shaw stated that this site plan was placed on the agenda at the request of the County Administrator due
to time sensitive issues and financial implications.
Discussion and Comments: Mr. Reiber made an inquiry regarding visibility of the site from the
neighboring properties. Mr. Shaw stated that there are currently trees in place, which will remain to
provide appropriate landscaping . Mr. Hager stated there is an existing berm that was designed to screen
the view from anyone driving along the road with trees planted along the top which effectively screens the
site.
Motion and Vote: Mr. Wiley made a motion to approve the site plan as presented pending receipt of all
agency approvals. The motion was seconded by Mr. Weddle and unanimously approved .
OTHER BUS INESS
Update of Staff Approvals
Mr. Tim Lung reported that 40 new submittals were received including four site plans and five minor
subdivision plats by the Department of Plan Review during the month of February. One site plan was for
an adult day care center by Fahrney-Keedy and a site plan for a convenience store located at 1-81 and
Lappans Road in Williamsport. Fourteen plats and site plans were approved by the staff in February
including the Cumberland Valley Veterinary Clinic site plan, Chili's Restaurant, and two solar projects.
Mr. Lung reported that 42 new submittals were received during the month of March, which included six
new site plans, an addition to the Bowman Truck Terminal on Governor Lane Boulevard , and the Love's
Traveler's Plaza at 1-81 and Showalter Road . Three minor subdivision plats were also submitted.
Sixteen plat and site plan approvals were issued including a plat for a new section of Emerald Pointe, the
Freedom Hills residential subdivision, the Doey's House site plan, and a small lawn mower repair shop on
Dual Highway near Beaver Creek. Mr. Lung stated that the Department has also reviewed four traffic
studies associated with potential development along the Sharpsburg Pike including a strip shopping
center two convenience stores, and two new fast food restaurants .
Comprehensive Plan Update
Mr. Weddle made an inquiry as to the status of the Ag Advisory Board's recommendation to use
agricultural transfer tax to fund agricultural preservation programs . Mr. Goodrich stated that staff is
working on the·written recommendation . He noted that legislation is not needed, but a decision on how to
distribute tax dollars would need to be made by the County Commissioners. Mr. Goodrich suggested
feedback from Commissioner Myers .
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UPCOMING MEETINGS
1. Monday, April 11, 2016, 3:00 p.m., Washington County Planning Commission workshop
meeting, Washington County Administration Building, 100 W. Washington Street, Room 255,
Hagerstown, Maryland
2. Monday, April 18, 2016, 7:00 p.m., Washington County Planning Commission Public
Rezoning Information meeting, Washington County Circuit Court House, 24 Summit Avenue,
Court Room #1, Hagerstown, Maryland
3. Monday, May 2, 2016, 7:00 p.m., Washington County Planning Commission regular meeting,
Washington County Administration Building, 100 W. Washington Street, Room 255,
Hagerstown, Maryland
4. Monday, May 23, 2016, 7:00 p.m., Washington County Planning Commission workshop
meeting, Washington County Administration Building, 100 W. Washington Street, Room 255,
Hagerstown, Maryland
ADJOURNMENT
Commissioner Myers made a motion to adjourn the meeting at 7:55 p.m. The motion was seconded by
Mr. Wiley and so ordered by the Chairman.
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WASHINGTON COUNTY PLANNING COMMISSION
WORKSHOP MEETING
April 11, 2016
The Washington County Planning Commission held a workshop meeting on Monday, April 11, 2016 at
3:00 p.m. at the Washington County Administration Building, 100 West Washington Street, Room 255,
2nd Floor, Hagerstown, Maryland .
Commission members present were: Cha irman Terry Reiber, Vice Chairman Clint Wiley, Andrew Bowen,
and Dennis Reeder. Staff members present were : Washington County Department of Planning & Zoning
-Stephen Goodrich, Director; Jill Baker, Chief Planner; and Debra Eckard, Administrative Assistant; and
Washington County Department of Business Development -Kassie Lewis, Director.
CALL TO ORDER
The Chairman called the meeting to order at 3:05 p.m.
WORKSHOP
Comprehensive Plan Update
Ms. Baker introduced Ms. Kassie Lewis, Director of the Washington County Department of Business
Development. Ms . Lewis gave a brief overview of the Department of Business Development (DBD), which
is advised by the Economic Development Commiss ion (EDC). She explained that the EDC is concerned
with generating and facilitating a good, healthy economic climate for the community, which is achieved by
building and diversifying the business base specifically for medium and small size businesses in our area .
This concept involves partnerships with various organizations throughout the County. One new project
that has been developed is the establishment of a manufacturing business roundtable. There have been
discussions with manufacturers regarding the lack of a skilled labor workforce in our County and what can
be done to fill these positions . Ms . Lewis also discussed ways the County is working to attract new
businesses to the area .
Mr. Wiley asked what is being done to help the businesses that are already here . Ms . Lewis stated that
the top priority of the DBD is the expansion and retention of existing businesses. A few ways that the
County is helping businesses is through the establishment of the manufacturing roundtable, changes in
customer service relations through the County's Department of Permitting, development of alternative
workforce solutions, mediation with regulatory agencies, and business visitation program. Ms. Lewis
discussed the "Washington County Loves My Business" initiative .
Ms. Lewis further discussed the need for a skilled labor workforce and good work ethics. The County
Department of Business Development and EDC are looking for ways to encourage young people to learn
a trade to fill the void of tradespeople in our area. There is a career fair being planned in June to
introduce students to different trades that are available.
Mr. Reiber asked if the County has adequate vacant buildings or property available for the type of
development we expect to see in the future. Ms . Lewis expressed her opin ion that we will not have
enough land available if we don 't take action now. She believes that the majority of large tracts of land
that could be developed for commercial or industrial uses are owned by just a few individuals who will
only lease the property instead of selling it. She suggested that one solution would be land banking
through an organization such as CHIEF . There was a brief discussion on ways to get a land banking
program started in the County . Ms. Baker believes this is an issue that could be discussed in the
Comprehensive Plan.
Another area that could be explored in the Comp Plan are the private/public partnerships. There was a
brief discussion regarding re-development and re-use of buildings in the downtown area using the
private/public partnerships . Ms . Lewis suggested that a recommendation be made in the Comp Plan to
encourage the examination of regulations relative to the re-development of blighted properties in the
downtown area . Ms. Lewis suggested that the EDC and the Planning Comm ission meet once or twice
throughout the year to discuss the goals and objectives of the EDC and how the two Commissions can
work together to accomplish these goals and objectives .
There was a brief discussion with regard to the water and sewer capacity in the County and the types of
businesses we want in the County that would conserve water and sewer capacity but provide better
employment opportunities for citizens.
Ms. Lewis recommended that the business zoning classifications in the Zoning Ordinance allow for trade
schools . Mr. Goodrich asked if current zoning is an obstacle for the business community . He also asked
if the infrastructure (water and sewer, transportation, etc.) is an obstacle or a benefit for businesses. Ms.
Lewis stated the concern they hear about the most is the congestion on 1-81, but zoning has not been an
issue . She stated her opinion that the Zoning Ordinance is flexible enough to encourage all kinds of
business development.
Ms. Baker stated that she has had discussions with Mr. Ridenour, Director of the Hagerstown Regional
Airport, regarding aviation support businesses that could locate close to the Airport. She asked if there
are other land use issues that should be considered in this area. Ms. Lewis stated that bringing in
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support businesses would enhance and encourage the use of the Airport. She believes that hotels and
eateries would encourage other passenger airlines to use the Airport.
Ms. Baker stated there are currently more people commuting into our County than commuting out. She
noted that people commuting out of the area shows that we have a regional economy and not just a local
economy.
Ms. Lewis briefly discussed the re-development of Fort Ritchie and noted there is currently a prospective
buyer. She believes the zoning of Fort Ritchie would be compatible with the business that this
prospective buyer would be bringing to the area. One area of concern would be the road network.
Ms. Baker announced that Julie Pippel, Director of the Washington County Division of Environmental
Management, will be present at the May 23rd Workshop meeting. She asked that questions be forwarded
to the planning staff as soon as possible. Mr. Reiber stated that one question he has is "How competitive
are our sewer rates with other counties in the area and how do we overcome that obstacle?"
ADJOURNMENT
The Chairman adjourned the workshop meeting at 4:35 p.m. Y1U w~
Clint Wiley, Vice -C hai~h
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WASHINGTON COUNTY PLANNING COMMISSION
April 18, 2016
The Washington County Planning Commission held a public rezoning meeting on Monday, April 18, 2016
at 7:00 p.m . at the Washington County Court House , Court Room #1, 24 Summit Avenue , Hagerstown,
Maryland.
Commission members present were : Vice-Chairman Clint Wiley, Dennis Reeder, Jeremiah Weddle,
David Kline, and Ex-Officio Leroy Myers, Jr. Staff members present were : Washington County
Department of Planning & Zoning Stephen Goodrich , Director; Jill Baker, Chief Planner; and Debra
Eckard, Administrative Assistant.
CALL TO ORDER
The Vice-Chairman called the meeting to order at 7:00 p.m.
RZ-16-002 Carlin and Cheryl L. Martin
Staff Presentation
Mr. Goodrich presented a map amendment request from Carlin and Cheryl Martin for property located at
the intersection of Daley Road and Reiff's Church Road. The applicant is requesting the RB (Rural
Business) floating zone be applied to 1.3 acres of the 2 .74 acre parcel that is currently zoned A(R) -
Agricultural Rural. This parcel contains the Martin's dwelling and a 3-bay residential garage. The Rural
Business zone is being requested to allow the establishment of an auto sales and service business. The
business will be conducted from a proposed 1 ,200 square foot office building that would be connected to
the existing garage which will be incorporated into the RB zoning district. A paved area will be provided
to park the vehicles for sale. A new paved access onto Daley Road will be constructed. The Martin
dwelling as well as the remaining 1.4 acres of property will remain in the A(R) zoning district. The parcel
is located in the rural agricultural area of the County as designated by the County's Comprehensive Plan
which is an appropriate location for the Rural Business zoning designation ; however, the Urban Growth
Area boundary is approximately 700 feet to the east of the parcel. Mr. Goodrich noted there has been
growth in this area over the past 30 years. The property is currently served by a private well and septic
system ; there are no plans to extend water and sewer services to the property . Daley Road has an
average daily traffic count of 348 vehicles and on Reiffs Church Road the average daily traffic count is
between 525 to 1,000 vehicles . The applicant is predicting only 1 or 2 [with a maximum of 5] daily trips
per day in addition to the current daily traffic .
Mr. Goodrich noted there are nine other Rural Business zoning designations within a one mile radius of
the property . The Rural Business District was created as a result of the 2002 Comprehensive Plan
recommendations to accommodate small business in the rural areas to meet the needs of the rural
population . The RB zone has been requested for a specific use [auto sales and service business] and , if
the zoning is approved, a site plan will be required. However, in the future, the use could change. If the
use does change, the Planning Commission would have the opportunity to review the change and
determine if the new proposed use would be more or less intensive than the currently proposed use . If
the Commission would determine that the proposed use is more intense , a public information meeting
and a public hearing would be required before the use could be approved .
When reviewing this application, the Planning Commission should consider the following criteria: 1) the
proposal is not in a designated growth area ; 2) there is safe and adequate road access; 3) the sewage
disposal, water supply and storm water management requirements can all be met on the property; and 4)
that the location is not incompatible with other existing uses in the area . The Planning Commission
should consider the following questions when making its recommendation to the County Commissioners:
1) Will the application accomplish the purpose of the Rural Business zoning designation? 2) Are the roads
serving the site appropriate for this particular use? 3) Does the application meet the previously stated
criteria? 4) Does the property have adequate sight distance for traffic coming and going to the parcel? 5)
Is the landscaping adequate and does it provide adequate buffers? and 6) Is the use of a scale and
intensity that is not incompatible with the surrounding land uses?
Applicant's Presentation
Mr. Zachary Kieffer of Divelbiss & Wilkinson , 13424 Pennsylvania Avenue, Suite 302, Hagerstown,
attorneys for Mr. and Mrs. Carlin Martin , introduced Mr. Martin and also noted that Mr. Fred Frederick of
Frederick, Seibert & Associates, the consultant, was present at the meeting. He noted that the property is
currently zoned A(R) and the applicant is requesting the RB floating zone designation be applied to 1.3
acres of the property. The proposed use is an auto sales and service business . The service portion of
the business would be limited to the prepping, detailing , and repairs necessary to get cars ready for sale .
Mr. Martin will be the sole employee and will use this business as a supplemental income to his farming
operation. Proposed hours of operation will be Monday thru Friday, 9 :00 a .m . to 6 :00 p .m ., Saturday 9:00
a.m. to 1 :00 p.m. and closed on Sunday.
Mr. Kieffer noted that signage will be in accordance with the Zoning Ord inance , which limits the size of
the sign in the RB zone to 200 square feet. Proposed lighting will be two pole mounted, dusk to dawn,
downward facing lights as required by the Zoning Ordinance.
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Discussion and Comments: Mr. Kline made an inquiry regarding the other rural businesses in the area.
Mr. Kieffer and Mr. Martin stated that other businesses include a small appliance repair shop, a metal
fabricating business , and Horst Meats. Mr. Goodrich added that there is a shoe repair shop, a
convenience store, an awning shop, storage building construction and sales business, and an auction
venue within 1 mile of this property.
Commissioner Myers asked how many cars would be on the property at one time . Mr. Martin anticipates
5 to 10 vehicles for sale at any given time. Commissioner Myers asked if Mr. Martin anticipates the
business expanding in the future. It is Mr. Martin 's hope that the business will expand in the future. Mr.
Kieffer stated that five parking spaces are required on the preliminary site plan and 30 spaces are
currently shown .
Citizen Comments
There were no citizens present at the meeting either in support of or in opposition to the rezoning request.
RZ-16-001 WASHCO Arnett Farms, LLC
Staff Presentation
Ms. Baker presented a map amendment request for property located along the south side of proposed
Arnett Drive, west of Sharpsburg Pike. The applicant is requesting a change in the current zoning of RU
-Residential Urban to RM -Residential Multi-family. There are two parcels associated with this rezoning
case that totals approximately 5.1 acres . One parcel currently contains a residence; however, this parcel
will be subdivided so the house will sit on its own parcel. The second parcel is located to the east of the
first parcel. Both parcels are generally flat and have no environmentally sensitive areas.
Ms. Baker stated there are six criteria that will be considered for this application: 1) population; 2) public
facilities; 3) transportation patterns; 4) compatibility with existing development; 5) relationship to the
Comp Plan; and 6) the Planning Commission's recommendation that will be evaluated as part of the
Board of County Commissioner's public hearing.
Ms. Baker stated these parcels are located in the Funkstown Election District (#10), which has seen an
increase of 56.07% in population over the last 30 years. The County's total population has increased by
approximately 30% over the last 30 years . There is currently no water or sewer service existing to this
site; however, the property is located in a planned water and sewer service area. The subject site is
immediately adjacent to the new Walmart Super Center. It is assumed that once the Walmart is
constructed, water and sewer services will be extended to the subject site . The Funkstown Volunteer Fire
Company and Community Rescue Services provide emergency services to the subject site. No
comments were received from either of these agencies. This property is located in the Rockland Woods
Elementary, E. Russell Hicks Middle and South Hagerstown High school districts. Currently, the
elementary and middle schools have some capacity available; however, the high school is currently over
capacity by approximately 28 students . Ms. Baker briefly reviewed the analysis performed for the pupil
generations.
The parcels will front on the proposed Arnett Drive; therefore, no development can occur until the road
has been constructed. Historic traffic volumes along Sharpsburg Pike were used from traffic information
gathered from just south of the intersection of 1-70. It was noted that traffic counts have steadily
increased by approximately 120% over the past 30 years . Numerous commercial and residential
developments along MD Route 65, south of 1-70, have contributed to the increase in traffic. When traffic
volumes warrant, a new signal will be installed at the new intersection of MD Route 65 and Arnett Drive .
Walmart has agreed to install the below-grade infrastructure for this proposed signal and Washington
County has earmarked approximately $250,000 in the current CIP. A copy of the proposed rezoning was
sent to the State Highway Administration; no comments have been received . A copy was also sent to the
Washington County Department of Plan Review -Land Use and they have submitted the following
comments: 1) the site should access proposed Arnett Drive rather than Rench Road; 2) a traffic study will
likely be required for any residential development that generates 7 or more peak hour trips (this will be
determined by the SHA); and 3) proposed Arnett Drive will be classified as a minor collector road and any
future site plan should provide a 100 foot separation between access points. There is currently no public
transportation in this area.
Ms . Baker noted that the subject site is bounded on the north and east by properties zoned HI (Highway
Interchange), on the south by properties zoned RU (Residential Urban), and on the west by properties
zoned RM (Residential Multi-family) zoning. There are a few historic structures located near the subject
site; however, none of these structures are on the subject parcels .
The current Comprehensive Plan (adopted in 2002) places these properties in a commercial sub-policy
area. The County rezoned these properties as part of a comprehensive rezoning of the Urban Growth
Area (adopted in 2012). Maryland State law requires, for piecemeal rezoning, that the applicant prove a
change in the ctiaracter of the neighborhood or a mistake in the original zoning of the property . The
applicant is claiming that the County erred in its rezoning of these parcels. Staff believes there is
justification for the applicant's claim based on the justification statement submitted by the applicant.
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Applicant's Presentation
Mr. Bruce Dean of Linowes & Blocher, 31 West Patrick Street, Suite 130, Frederick, Maryland is the
attorney representing the applicant. Also present at the meeting was Mr. Gordon Poffenberger of Fox &
Associates, Inc., 981 Mt. Aetna Road, Hagerstown , Maryland, the applicant's consultant. Mr. Dean stated
that the applicant is claiming a mistake in the zoning of this property during the Comprehensive Rezoning
of the Urban Growth Area in 2012. He believes the request is consistent with both the historic zoning and
development decisions in this area , that it is consistent with the County's plans for the Urban Growth
Area , and that it meets the purpose and intent of the RM zoning district.
Mr. Dean and Mr. Poffenberger began a question and answer exchange. Following is a summary of that
exchange. It was again stated that the two subject parcels will front only on proposed Arnett Drive and
will not have frontage on any other streets; therefore, the proposed development is dependent on the
construction of Arnett Drive. Prior to the comprehensive rezoning of the UGA in 2012, the subject
parcels were zoned Hl-2, which allowed business and high-density residential uses. The current RU
zoning allows only single-family and two-family dwellings; therefore, the zoning density is lower than
allowed under the previous zoning. The current RU zoning would allow 8.7 units per acre (40 dwelling
units) and the proposed RM zoning would allow 12 units per acre (60 dwelling units); thereby a modest
increase in the density in the consultant's opinion .
It was stated that existing properties to the north and east are zoned HI which allows commercial uses,
existing properties to the west are zoned RM and properties to the south are zoned RU. The applicant
believes that the requested zoning would provide an appropriate transition between the commercial
uses to the north and the lower density single family residential development to the south. It was noted
that these parcels are located inside the Urban Growth Area where the County encourages the
maximum, most efficient use of land.
Mr. Dean asked if there have been other properties in the neighborhood that were rezoned from RU to
RM . Mr. Poffenberger stated there is a large development (Carriage Hills) to the south which was
rezoned from RU to RM.
Mr. Dean reiterated his applicant's position that there was a mistake in the rezoning of this property when
it changed from Hl-2 to RU instead of RM . He explained that a mistake in zoning means that there were
facts and conditions that existed at the time of the rezoning that were not properly considered, such as:
1) the property was previously zoned Hl-2 which allowed a range of commercial uses and high and
medium density residential units; 2) the property is adjacent to the existing and proposed commercial
development and is much closer to the interchange of 1-70 than the RU properties to the south ; 3) the Hl-
2 to RU zoning was a down-zoning that failed to follow the UGA principles for increasing residential
density and converting Hl-2 to RM including high density as you get closer to 1-70 and lower density as
you go further south; and 4) the density that is being requested is not new, it was permitted and
encouraged under the previous Hl-2 zoning .
Discussion and Comments
Mr. Reeder asked if Walmart currently has egress to Rench Road. Ms . Baker stated that it does not have
egress to Rench Road.
Commissioner Myers asked why the applicant is requesting the RM zoning and not the HI zoning
designation . Mr. Dean stated that the applicant believes the transition from the commercial uses to the
north and lower density residential development to the south is appropriate . Commissioner Myers asked if
Walmart will have access to Arnett Drive. Ms. Baker stated they will have access. She noted that Arnett
Drive is not being built specifically for Walmart. There have been long-term plans by the County to re-
align Rench Road to the north in order to improve an existing dangerous intersection . Therefore ,
regardless of who developed this land, they would have been required to build/contribute to this road
alignment.
Public Comment
Mr. Larry Keplinger, 10218 Sharpsburg Pike, Hagerstown -Mr. Keplinger expressed his concern with
regard to the type of multi-family housing that is being proposed (i.e. low income housing). He is not
opposed to multi-family housing if they are nice homes . He believes it would create a buffer between the
single-family residential use and the commercial uses.
Mr. Earl Grove , 18429 Valentia Farm Road, Hagerstown -Mr. Grove expressed his opinion that single-
family residential uses would be more appropriate. He noted that south of the properties is a nursing
home , to the we~t is approximately 600 acres of farmland , and on Poffenberger Road approximately 196
acres of land. Mr. Grove expressed his concern regarding safety issues on Rench Road. He believes
that existing traffic issues need to be addressed before adding more traffic in this area .
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Mr. John Louderback, 10418 Sharpsburg Pike, Hagerstown -Mr. Louderback expressed his concern with
the change in zoning, impacts on the schools and traffic issues. He is opposed to the rezoning of these
properties .
Commissioner Comments: Commission Myers asked when the traffic signal would be warranted -at
the opening of the new Walmart, after the residential development opens or somewhere in between. Ms.
Baker stated that would be determined by Mr. Rob Slocum of the Division of Engineering and
Construction Management. It will be based on the volume of peak hour trips.
Mr. Chris Omps, 18326 Rench Road, Hagerstown -Mr. Omps is adamantly opposed to the rezoning of
these properties . He expressed his concern with regard to school capacity issues and traffic and road
issues.
Ms. Annamarie Wise, 10304 Cold Harbor Drive, Hagerstown -Ms . Wise expressed her opinion that a
light is warranted now because there is so much traffic. She stated there are times she must turn right
out of the development onto Sharpsburg Pike then make a U-turn to go south on Maryland Route 65. She
noted there are commercial pad sites ready and available for development along Sharpsburg Pike and
adding a high-density residential development would only create more traffic issues . Ms. Wise stated she
is opposed to the rezoning of these properties .
Applicant's Rebuttal
Mr. Dean and Mr. Poffenberger began another question and answer exchange with Mr. Dean asking the
questions. A summary of that exchange follows . It was noted that as part of the Walmart approval,
extensive road improvements were required (at the expense of the developer) and must be in place
before Walmart opens. The future Arnett Drive will be five lanes which will include two thru-lanes in each
direction and a center turn lane. Existing Rench Road is currently a two lane , 18 foot road, which will
dead end after Arnett Drive is constructed. The applicant believes this will improve traffic issues in this
area whether there are 40 houses or 60 houses built.
Mr. Dean stated that the proposed residential development will not have any access or impact on Rench
Road . He expressed his opinion that there are numerous sites currently available for retail uses along
Sharpsburg Pike . Therefore , the applicant does not believe that adding additional commercial uses on
these two parcels would be beneficial to the County . Mr. Dean reiterated that the Hl-2 zoning previously
on these parcels allowed high density residential housing and many improvements in this area have been
made which would alleviate concerns associated with this proposed development.
ADJOURNMENT
Vice-Chairman Wiley adjourned the meeting at 8:20 p.m .
ly.l'u~,
Cli nt Wiley, V ice-Cha ir
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING
May 2, 2016
109
The Washington County Planning Commission held a regular meeting on Monday, May 2 , 2016 at 7:00
p.m. at the Washington County Administration Building, 100 West Washington Street , Room 255, 2nd
Floor, Hagerstown, Maryland.
Commission members present were: Chairman Terry Reiber, Clint Wiley, Jeremiah Weddle, Dennis
Reeder, Andrew Bowen, David Kline and Ex-Officio County Commissioner Leroy Myers, Jr. Staff
members present were : Washington County Department of Planning & Zoning -Stephen Goodrich ,
Director and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review -
Tim Lung, Deputy Director and Lisa Kelly , Senior Planner.
CALL TO ORDER
The Chairman called the meeting to order at 7:00 p.m.
MINUTES
Motion and Vote: Mr. Reeder made a motion to approve the minutes of the March 21, 2016 workshop
meeting as presented. The motion was seconded by Mr. Wiley and unanimously approved.
Motion and Vote: Commissioner Myers made a motion to approve the minutes of the April 4, 2016
regular meeting as presented . The motion was seconded by Mr. Wiley and unanimously approved .
Motion and Vote: Mr. Wiley made a motion to approve the minutes of the April 11, 2016 workshop
meeting as presented . The motion was seconded by Mr. Weddle and unanimously approved.
Motion and Vote: Commissioner Myers made a motion to approve the minutes of the April 18 , 2016
public rezoning meeting as presented . The motion was seconded by Mr. Weddle and unanimously
approved.
OLD BUSINESS
WASHCO-Arnett Farms LLC (RZ-16-001)
Ms . Baker presented for review and recommendation a map amendment request for property located
along the south side of Arnett Drive, west of Sharpsburg Pike. The 5.18 acre parcel is currently zoned
RU (Residential Urban); the applicant is requesting the RM (Residential Multi-family) zoning designation .
Ms . Baker reported that no citizen comments have been received following the rezoning public meeting;
however, a letter of rebuttal was received from the applicant's attorney. During the public meeting
discussions focused on the transportation network serving this area and questions were asked about
proposed improvements for the project and when these improvements would come on-line . Ms . Baker
stated that Mr. Rob Slocum, Director of Engineering & Construction Management has confirmed that all
improvements required for the construction of Walmart, including the signalization of the intersection of
Poffenberger Road and proposed Arnett Drive will be completed prior to the opening of Walmart. Other
improvements will include the construction of Arnett Drive and widening along areas of Sharpsburg Pike .
Discussion and Comments: Mr. Kline expressed his opinion that if the previous Hl-2 zoning, which was
changed to RU during the comprehensive rezoning of the Urban Growth Area (UGA), permitted the use
that is currently proposed for the property , the applicant should have requested the RM zoning during the
UGA comprehensive rezoning approved in 2012 . Mr. Reiber concurred with this statement.
Mr. Bowen asked what the zoning designation was when the current applicant purchased the property .
Ms. Baker stated it was and currently is RU.
Commissioner Myers stated that he is not opposed to the additional density of the RM zoning; however ,
he expressed concern for residents accessing Sharpsburg Pike and the traffic issues in this area. He
believes that Arnett Drive should be extended to Rench Road to help alleviate some of the traffic issues in
this area. ·
Mr. Wiley stated his concerns are more with traffic issues than the proposed density on this property . The
timing of solving these issues needs to be addressed prior to this development. He believes the
proposed use would create a nice trans ition from the commercial uses to the single-family residential
development in the area .
Mr. Weddle expressed his opinion that the higher density residential development next to the Walmart
makes sense. He asked what would be required to connect Arnett Drive and Rench Road and who would
assume the monetary responsibility for this connection . Ms . Baker stated that the connection would be
developer driven; however, the current property owner to the west of the proposed d evel opm en t is not
interested in selling or developing his property to make that connecti o n. At thi s poi nt in t ime , the re are no
plans for the County to initiate construction of this portion of the ro ad . M r. Wed d le a s ked if a traffi c signal
is planned at Rench Road. A signal at the current Rench Road intersec ti o n is not plan ned . How ever, a
signal at the new Arnett Drive intersection is planned and the co s t of the s ig nal will be born e by th e
Walmart developer.
110
Mr. Reeder also expressed concern with regard to traffic issues in this area.
Mr. Reiber stated in July 2013 , a plat was presented to the Planning Commission showing several
parcels . He asked which parcel delineated on that plat is the 5.18 acre parcel currently being discussed .
Mr. Sassan Shaool, the applicant, was present during the meeting and explained this is parcel 114 as
previously shown on the plat in question.
Motion and Vote: Mr. Kline made a mot ion to recommend to the Board of County Commissioners
approval of the map amendment request. The Planning Commission also recommends that the traffic
issues as discussed need to be investigated further. The motion was seconded by Commissioner Myers
and unanimously approved.
Carlin D. & Cheryl L. Martin (RZ-16-002)
Mr. Goodrich presented for review and recommendation a map amendment request for property located
at 14204 Daley Road . The applicant is requesting that the RB (Rural Business) floating zone be applied
to 1. 73 acres of a 2. 7 4 acre parcel. The applicant is proposing an auto sales and service facility on the
site . There is currently a 3-bay residential garage that would be incorporated into the development of the
site . No comments or supplemental materials have been received since the public rezoning meeting .
Discussion and Comments: Mr. Reiber expressed his opinion that this should be considered "spot
zoning" and expressed his concern that it will cause problems in the future. Mr. Goodrich stated that the
Rural Business floating district was designed to be applied in rural areas where services are needed.
Motion and Vote: Mr. Wiley made a mot ion to recommend to the Board of County Commissioners
approval of the map amendment request. The motion was seconded by Mr. Kline and unanimously
approved.
NEW BUSINESS
SITE PLANS
Rosewood Village Phase IIA, Lot 16 Revision (SP-16-002)
Mr. Lung presented for review and approval a site plan for a revision at Rosewood Village, Phase IIA , Lot
16 . He stated that the development of Lot 16 was originally approved in 2004, which included 4
apartment buildings as well as a community center/club house, a swimming pool , and various recreational
facilities. All of these improvements have been constructed with the exception of one apartment building ,
the tennis court , and the basketball court. Mr. Lung noted that several revisions are being requested as
follows:
• The amenity plan has been revised to eliminate the proposed tennis court and to re-
design the basketball court from a full court to two half courts, to add an additional
"water feature " to the swimming pool area and to add a 20' x 40 ' pavilion. Mr. Lung
stated that staff has no objection to these proposed changes.
• The original site plan included a detailed landscaping plan to include landscaping
around the apartment buildings as well as within the open space areas . Over the past
10 years, three of the proposed apartment buildings, parking lots and community center
have been constructed; however, landscaping shown within these areas has not been
installed. A phasing schedule was not provided on the original site plan; however, there
was a reasonable expectation that the landscaping associated with these improvements
would be installed concurrently with the completion of each improvement. Staff
recommends that all of the landscaping proposed as part of the existing buildings and
improvements that are not located within the limits of disturbance be installed before the
end of this year's planting season.
• The Zoning Ordinance requires play areas to be constructed within Planned Unit
Developments (PUD) and multi-family developments. The original site plan proposed a
tot lot and a pre-teen lot directly adjacent to one of the 12-unit apartment buildings . The
building was constructed ; however, the play lots were not installed . The revised plan
proposes consolidating all of the play areas in the center. If the Planning Commission
approves this part of the revision, Staff recommends traffic calming measures to be put
in place.
Discussion and Comments: Commissioner Myers asked why the landscaping has not been completed.
Mr. Sassan Shaool, the developer, stated that the landscaping was postponed so it would not be
disturbed during construction . Mr. Lung noted that a temporary Use and Occupancy permit was issued for
the last apartment building that was constructed with notations that there was landscaping yet to be
installed . A final occupancy permit was issued with notations that outstanding items were to be
addressed by the Plan Review Department. Mr. Shaool stated that a meeting was held with County
representatives and it was decided that the landscaping would not be completed until the final building
was constructed. Mr. Ben Shaool, the developer, stated that the landscaping around each building has
been completed . The only landscaping that has not been completed is a row of trees in front of the
parking area.
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Mr. Bowen stated that he is not opposed to any of the revisions ; however, he recommends that the
developer be required to give the County a letter of credit for the amount of landscaping that is
outstanding .
Mr. Wiley stated that he is not opposed to the relocation of the tot lots to a centralized location; however
traffic calming measures need to be addressed . Other Commission members were also not opposed to
the location change, but suggested that painted crosswalks be provided from each apartment building to
the play lots.
Motion and Vote: Mr. Bowen made a motion to approve the revisions subject to the following conditions :
crosswalks for each apartment complex to the centralized play areas must be provided and a letter of
credit must be executed by the developer to Washington County to cover the remaining landscaping
(specific details to be negotiated between the developer and staff). The motion was seconded by Mr.
Kline and unanimously approved.
Fahrney-Keedy Home & Village (SP-16-004)
Ms. Kelly presented for review and approval a site plan for a community center and an adult day care
facility at Fahrney-Keedy Home & Village . The property is located along the east side of Mapleville Road ,
north of Boonsboro and south of Route 40. The property is currently zoned RB-E (Rural Business
Existing). The applicant is proposing to construct a 6,500 square foot day care/community center for the
residents of Fahrney-Keedy. A proposed round-about will be constructed in front of the building and
existing streets will be used to access the site. Sidewalks will surround the building and there will be
parking for golf carts . Water and sewer will be provided using the well and treatment plant located on the
property and owned by Fahrney-Keedy. The hours of operation will be 9:00 a.m. to 9:00 p.m ., 7 days per
week. The proposed building height is 30 feet. There will be five employees. Parking spaces required
for this addition is 24 spaces and 24 spaces will be provided . There are 15 existing parking spaces and 9
new spaces will be constructed. An existing dumpster will handle solid waste . Build ing mounted and pole
mounted lights will be provided on the site. Building mounted letters will be installed to identify the
structure; no new signage is proposed . Landscaping will surround the building and include laurel, cherry
trees and shrubs. Forest Conservation Ordinance requirements were previously addressed by retention
of existing forest on lands of Fahrney-Keedy. 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. Wiley and unanimously approved .
(Commissioner Myers left the meeting at 8:15 p.m .)
Pen-Mar Regional Association of Realtors -Lot 4 -Breezehill Drive (SP-14-049)
Ms . Kelly presented for review and approval a site plan for Pen -Mar Regional Association of Realtors .
The property is located along the south side of Breezehill Drive , west of Pennsylvania Avenue near the
Hagerstown Regional Airport . The property is currently zoned HI (Highway Interchange). The developer
is proposing to construct a 6,000 square foot office building on a 2.3 acre parcel. There will be one
access from Breezehill Drive . The property will be served by public water and public sewer. Storm water
management will be handled by a bio-retention pond on the site . There will be 3 employees ; the hours of
operation will be 8:00 a.m. to 5:00 p.m., Monday through Friday . Total parking required is 37 spaces and
65 spaces will be provided. Projected daily use is 25 cars per day; freight and delivery will be 1 or 2 per
day. An enclosed dumpster will serve the site . Lighting will be building mounted and pole mounted
throughout the parking lot. There will be one sign at the proposed entrance. A subdivision plat for Lot 4
was approved in 2013 . Forest Conservation Ordinance requirements have been addressed through the
use of credits from an off-site retention area owned by and located within the Town of Hancock, which
was previously approved by the Planning Commission . There will be landscaping surrounding the
building and at various locations around the site and will include Pin Oak, Red Maple , Dogwood and
Cherry trees, as well as ornamental grasses and shrubs. All agency approvals have been received .
Motion and Vote: Mr. Wiley made a motion to approve the site plan as presented . The motion was
seconded by Mr. Bowen and unanimously approved.
FOREST CONSERVATION
Shifler Forest Bank (FBK-16-002)
Mr. Goodrich presented a request for approval of a proposed forest bank on 18.60 acres of property
located along the south side of Swinging Bridge Road . · He reminded members that in 2014 an
amendment was approved by the Board of County Commissioners to the Forest Conservation Ordinance
to allow and create a procedure to establish forest mitigation banks . Mr. Goodrich stated that there is a
residence on the property. The 18.60 acres includes most of the exist ing forest on the 36 .8 acre parcel.
The property will be put under a permanent easement with Washington County as the beneficiary . The
easement area covers existing forest, areas of stream buffers and steep slopes .
Motion and Vote: Mr. Bowen made a motion to approve the request as presented . The motion was
seconded by Mr . Weddle and unanimously approved .
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OTHER BUSINESS
Update of Staff Approvals
Mr. Lung reported that the Department of Plan Review issued approvals for 2 Forest Stand Delineations,
a subdivision re-plat, 6 subdivisions (1 and 2 lots), a subdivision plat for 17 lots at Emerald Pointe, Phase
Ill, Section I and a final record plat for 18 lots for Phase I, Section IV of Emerald Pointe. The Department
received 41 new submittals, 23 of which are permit related, such as grading permits, entrance permits,
etc. There were 8 stand-alone grading plans, 2 subdivision plat submittals, 5 site plans, a preliminary
plaUsite plan and a Subdivision Ordinance modification request. Site plan submittals included: the
Emerald Pointe Commercial Area and the Community Center, and an expansion at Xerxes.
Capital Improvements Plan Recommendation
Mr. Goodrich presented for review and recommendation the County's proposed Capital Improvements
Plan (CIP). The Planning Commission traditionally reviews the CIP to evaluate consistency with the
County's adopted Comprehensive Plan. Mr. Goodrich noted that one of the ways the Comp Plan gets
implemented is through funding of projects that support the Plan's policies of focusing growth in areas
where infrastructure exists or can economically be improved to support it. Staff has reviewed the list of
projects and has determined that projects that will encourage growth are located in the designated
Growth Areas. The projects proposed for the rural areas are for safety improvements , maintenance, or
improvements to structures that are no longer functioning property .
Motion and Vote: Mr. Bowen made a motion to recommend to the Board of County Commissioners that
the Capital Improvements Plan is consistent with the County's adopted Comprehensive Plan . The motion
was seconded by Mr. Kline and unanimously approved.
Ag Advisory Board Recommendation
Mr. Goodrich reminded members that Mr. Weddle initiated a discussion during a previous Workshop
meeting of a proposed method to increase local funds dedicated to the a~ricultural preservation program .
This concept was presented to the Ag Advisory Board at its March 31 5 meeting . At that time, the Ag
Advisory Board voted unanimously to recommend development of a program to dedicate the increased
property tax revenue that results from an increased assessment on commercial land uses on Agriculture
zoned land as additional contribution to the County's share of the 60/40 matching formula for agricultural
preservation. Mr. Goodrich noted that he has drafted a description of the proposal to forward to the
County Administrator's office to discuss with the County Commissioners .
Motion and Vote: Mr. Bowen made a motion to support the Ag Advisory Board's proposal. The motion
was seconded by Mr. Wiley and unanimously approved .
UPCOMING MEETINGS
1. Monday, May 23, 2016, 7:00 p.m., Washington County Planning Commission workshop
meeting, Washington County Administration Building , 100 W . Washington Street, Room 255,
Hagerstown, Maryland
2. Monday, June 6, 2016, 7:00 p.m ., Washington County Planning Commission regular meeting ,
Washington County Administration Building, 100 W. Washington Street, Room 255,
Hagerstown, Maryland
3. Monday, June 20, 2016, 3:00 p.m., Washington County Planning Commission workshop
meeting, Washington County Administration Building, 100 W. Washington Street, Room 255,
Hagerstown, Maryland
ADJOURNMENT
Mr. Wiley made a motion to adjourn the meeting at 8:55 p.m. The motion was seconded by Mr. Reeder
and so ordered by the Chairman .