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HomeMy WebLinkAbout2017 Minutes139 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING January 9, 2017 The Washington County Planning Commission held a regular meeting on Monday, January 9, 2017 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, Dennis Reeder, and Jeremiah Weddle (arrived at 7:19 p.m.). Staff members present were : Washington County Department of Planning & Zoning -Stephen Goodrich, Director; 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 7:16 p.m.; however, a quorum was not present when the meeting was called to order. Therefore, the order of the official agenda was not followed for this meeting. These minutes have been prepared following the official order of the agenda . MINUTES Motion and Vote: Mr. Wiley made a motion to approve the minutes of the December 5, 2016 regular meeting as amended [correction of date]. The motion was seconded by Mr. Weddle and unanimously approved. NEW BUSINESS -PRELIMINARY CONSULTATIONS Pharmacy/Drug Store -Jefferson Boulevard (PC-16-001) Ms. Kelly presented for review and comment, a preliminary consultation for a proposed pharmacy/drug store located at the intersection of Jefferson Boulevard and Mapleville Road . A site plan was previously reviewed and approved for an unmanned fuel station on this site . The property is currently zoned BL - Business Local. The preliminary consultation was held on November 10, 2016 with several reviewing agencies. Ms. Kelly briefly highlighted comments given by those agencies in attendance. The City of Hagerstown Utilities has confirmed that water is available to the site and a sprinkler system would be required. The Department of Plan Review & Permitting -Engineering Review stated that a traffic impact study would be required; the State Highway Administration will need to approve the proposed main driveway entrance and any entrance improvements on Maryland Route 66; sight distance must be verified for all access driveways; Paden Avenue is inadequate in width; the County will not support a major commercial development on this parcel without an improvement to the MD 66/Paden Avenue intersection; the developer is encouraged to approach and begin working with affected neighbors regarding changes to Paden Avenue. The State Highway Administration is requiring a complete traffic study and will be focusing on the access onto Mapleville Road. The Department of Plan Review -Land Use will require a site plan, lighting and landscaping will be closely scrutinized due to the residences located nearby. Several other comments were received and were outlined in the Preliminary Consultation Summary provided to the Commission members. Discussion and Comments: There was a brief discussion regarding comments submitted by the Washington County Sheriffs Department. Mr . Reiber questioned if the proposed use is permitted in the current zoning district; Ms. Kelly confirmed that it is allowed. Mr. Weddle asked if screening would be provided between the business and the residences; Ms. Kelly noted that would be addressed during the site plan review. No formal action was required . -SITE PLANS Container Homes of Maryland (SP-16-041) Mr. Shaw presented for review and approval a site plan for property located along the east side of Black Rock Road. The property is currently zoned RV -Rural Village. The functional description for this site is a model container home display. The site is allowed a maximum of two container homes on display; the manufacturing/construction of the container homes is prohibited on this site. The site will have one employee and is served by a private well and private septic system. Hours of operation will be Monday thru Saturday, 8:00 a.m . to 5:00 p.m., by appointment only. Required parking is 3 spaces and 3 spaces will be provided. No lighting will be required ; no signage is proposed . The site is exempt from Forest Conservation Ordinance requirements because there will be less than 20,000 square feet of disturbance and exempt from Storm Water Management Ordinance requirements because there will be less than 5,000 square feet of disturbance. All rev iewing agency approva ls have been rece iv ed . Mr. Shaw exp lained that currently there are more than two container homes on the sit e. Staff is requesting permission to give final approval after the additional container homes are removed from the site. Motion and Vote: Mr. Reeder made a mot ion to grant staff the authority to approve the site plan after the add itional conta ine r homes are removed from the site. The motion was seconded by Mr. Weddle and unanimously approved. 140 Emerald Pointe PUD Commercial Area (SP-16-014) Ms . Kelly presented for review and approval a site plan for the Emerald Pointe PUD Commercial Area located along the northeast side of the intersection of Marsh Pike and Leitersburg Pike . The property is currently zoned RT(PUD) -Residential Transition/Planned Unit Development. The developer is proposing to construct 2 two-story buildings for office/retail space. Building A will be 36,000 square feet in size and will include a 5,000 square foot restaurant on the first floor. Building B will be 24,600 square feet in size. Also on site will be a 10,800 square foot two-story building that will consist of a bank, coffee shop, and office space. The bank will have a two-lane drive-up window and the coffee shop will also have a drive-up window. The total square footage for all buildings is 71, 400 square feet with a proposed building height of 36 feet maximum . The site will be served by public water and sewer. There will be two access points into the site, one will be a combined access on Leitersburg Pike and one will be onto Marsh Pike. The hours of operation for the bank will be Monday thru Friday (9 :00 a .m. to 7 :00 p .m.) and Saturday (9 :00 a.m. to noon). Office hours will be 8:00 a.m. to 5:00 p.m., retail space hours will be 7 days per week, 9:00 a.m. to 10:00 p.m., restaurant hours will be 10:00 a .m . to 10:00 p.m ., 7 days per week, and the coffee shop will be open 7 days per week from 5:00 a.m. to 10:00 p.m. Parking requirements for the site is 340 spaces; 348 spaces will be provided. Handicapped parking will be provided in front of the buildings. Freight and delivery will be one box truck per day. Two dumpsters will provide solid waste disposal. Signs will be building mounted and free standing; lights will be building mounted and light poles throughout the parking lot. Landscaping will be placed throughout the parking lot and along Marsh Pike between the parking spaces and right-of-way to reduce glare onto Marsh Pike. Forest Conservation Ordinance requirements will be met by planting 1.2 acres of trees in the flood plain area adjacent to the site . A two-year Forest Conservation Maintenance Agreement and a Surety or Bond (for the planting area) will be required prior to final approval. Sidewalks will be provided along Marsh Pike and Leitersburg Pike; a golf cart and pedestrian access will also be provided to connect the commercial area with the residential area of the PUD . All agency approvals have been received with the exception of the State Highway Administration. Discussion and Comments: There was a brief discussion regarding comments submitted by the SHA Highway Hydraulics Division . Mr. Gordon Poffenberger of Fox & Associates, Inc., the consultant for the developer, stated that a meeting will be scheduled with the SHA. Mr. Lung stated that if changes will be required by SHA that affect the physical design or layout of the site, staff could bring the site plan back to the Planning Commission for its review and approval. Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan or to bring it back before the Planning Commission depending upon the changes required by the State Highway Administration. The motion was seconded by Mr. Wiley and unanimously approved. -OTHER BUSINESS Rosewood PUD Revised Development Plan Determination (DP-16-001) Mr. Lung presented a request by the developer of Rosewood PUD to determine if a proposed revision to the Rosewood PUD Development Plan would be a major or a minor change. If the Planning Commission considers the change to be minor, the developer is requesting approval of the revised development plan . Mr. Lung gave a brief history of the PUD and the many changes seen over the past 20 years during its development. The developer is proposing to change a 7.62 acre area last approved for commercial uses to residential townhouses. With this proposed change, the total commercial area of the PUD would be 19% and the residential density would be 5.7 dwelling units per acre for a total of 444 units, which would be below the density originally proposed for the PUD . All reviewing agency approvals have been received. A site plan has been submitted for this section of 35 townhouses. Mr. Lung stated that the Planning Commission previously approved a development plan revision for the following townhouse setback requirements: 25 foot front yard, 10 foot rear yard and 7 foot side yard. These setbacks were approved for Phase 11-B and will also be applied to these townhouses. Mr. Lung noted that the revised plan calls for a previously approved 20 unit apartment building in Phase 11-B to be increased to 24 units. Discussion and Comments: There was a brief discussion regarding previous changes to the recreation area and landscaping which had not been completed in accordance with the approved time schedule. It was noted that this requirement has been addressed. There was also a discussion regarding play areas that were to be completed as part of the approval of Phase II-A. Mr. Lung does not believe this requirement has been met. Mr. Reiber expressed his opinion that the developer does not follow through on the completion of amenities as agreed upon in a timely manner. Members discussed giving approvals contingent upon the installation of play areas or before occupancy permits are issued . Motion and Vote: Mr. Reeder made a motion that the proposed change be considered a minor change and to approve the development plan as presented with the condition that Tot Lot #3 must be completed prior to Mr. Lung signing the site plan for the 35 townhouses discussed this evening . The motion was seconded by Mr. Weddle and unanimously approved . Update of Staff Approvals Mr. Lung reported that 30 new submittals were received by the Department of Plan Review during the month of December. Submittals included the following: Engineering/Permitting review -22 reviews for entrance, grading and utility permits; Development Plan review -1 standard grading plan and 1 two-year update; Land Use review -2 simplified plats, 1 subdivision plat, and 2 site plans. Approvals were issued for Plan Review as follows: 8 minor subdivisions; 3 site plans including a parking lot revision to the old 141 Lenox facility, a trailer parking facility, and a residential business; 1 preliminary plat/site plan for Cross Creek Commercial Office Building; 1 grading plan ; and 1 two-year update. Mr. Lung reported that during the 2016 calendar year, the following reviews were completed by the Department of Plan Review: 513 permit reviews (entrance, utility, etc.); 362 land development plan reviews (subdivisions, site plans, etc.); 47 zoning appeals, and 37 zoning service requests. The Chairman called for a two minute recess before Closed Session. Mr. Weddle made a m6tion to go into Closed Session . The motion was seconded by Mr. Wiley and unanimously approved . -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 . ADJOURNMENT Mr. Wiley made a motion to adjourn the Closed Session and the regular meeting . The motion was seconded by Mr. Reeder and so ordered by the Chairman. UPCOMING MEETINGS 1. Monday, February 6, 2017, 7:00 p.m ., Washington County Planning Commission regular meeting, County Administration Building, 100 W. Washington Street, Room 255, Hagerstown, Maryland WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING February 6, 2017 142 The Washington County Planning Commission held a regular meeting on Monday, February 6, 2017 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, Dennis Reeder, Andrew Bowen, David Kline and BOCC 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 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 January 9, 2017 regular meeting as presented. The motion was seconded by Mr. Wiley and unanimously approved with Commissioner Myers abstaining from the vote . NEW BUSINESS -SITE PLANS Mennonite Home (SP-16-033) Ms . Kelly presented for review and approval a site plan for the proposed Mennonite Home located along the west side of Maugansville Road, south of its intersection with Shawley Drive. The property is currently zoned RT (Residential Transition), The owners are proposing to construct a 21,000 square foot, one story nursing home with a proposed height of 24 feet, which will replace the existing two-story facility located on the 5.8 acre parcel as the resident care facility. The existing two story building will become administrative offices. There are 55 beds proposed. Two access points are proposed. The site will be served with public water and public sewer. The facility will operate 24 hours/day, 7 days/week with visitation from 8:00 a.m. to 8:00 p.m. daily. There will be three employee shifts, with a maximum of 6 employees per shift. Required parking is 17 spaces and 24 spaces will be provided . The nursing home will be constructed in two phases. The first phase will be 17,000 square feet with 33 beds; phase two will contain 18 beds in 3,400 square feet of space. A screened dumpster will be located to the rear of the building. Site lighting will be building and pole mounted . There will be one ground mounted sign on the site. Bio-retention ponds will be used for storm water management measures and will be planted with plants and shrubs. Forest Conservation Ordinance requirements will be met by on-site planting of trees in the amount of.45 acres, using the landscape credit provision allowed per the Forest Conservation Ordinance. 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. Reeder and unanimously approved . -OTHER BUSINESS Update of Staff Approvals Mr. Lung reported that 27 new submittals were received by the Department of Plan Review during the month of January. Submittals included the following: Engineering/Permitting review -14 reviews for entrance, grading and utility permits; Development Plan review -3 standard grading plans, 1 site specific grading plan and 2 two-year updates; Land Use review -2 Forest Stand Delineations, 1 subdivision replat; 1 site plan for Sunbelt Rentals on Crayton Boulevard. and a request for a preliminary consultation on a townhouse development off of Arnett Drive . Plan approvals were issued for 16 plans including a Forest Stand Delineation, a Forest Conservation Plan, 3 simplified plats, 4 minor subdivision plats, 2 re- plats, 3 minor site plans. ADJOURNMENT Mr. Bowen made a motion to adjourn meeting. The motion was seconded by Mr. Kline and so ordered by the Chairman . ~ /Terry Reiber, Chairman WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING March 6, 2017 143 The Washington County Planning Commission held a regular meeting on Monday, March 6, 2017 at 7:00 p.m. at the Washington County Administration Building, 100 West Washington Street, Public Meeting Room 2000, 2nd Floor, Hagerstown, Maryland. Commission members present were: Vice-Chairman Clint Wiley, Dennis Reeder, Andrew Bowen, and Jeremiah Weddle. 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. Newly appointed Commission member Robert Goetz, Jr. was present; however he did not participate in any discussions or votes because he has not yet been duly sworn by the Washington County Clerk of the Court. CALL TO ORDER The Vice-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 February 6, 2017 regular meeting as presented . The motion was seconded by Mr. Reeder and unanimously approved. NEW BUSINESS -SITE PLANS Breakaway 2 Event Center (SP-16-040) Ms. Kelly presented for review and approval a site plan for the proposed Breakaway 2 Event Center located at 13730 Pennsylvania Avenue. The property is currently zoned BG -Business General. The developer is proposing to estab.lish a tavern/events center (or spillover area for the existing restaurant/tavern) in an existing vacant concrete block building to the rear of the existing restaurant. The tavern/event center will be approximately 11,600 square feet and the existing restaurant is approximately 5,300 square feet. There is currently a subdivision re-plat being reviewed by the Department of Plan Review to remove an existing property line and combine the parcels. The site is served by existing public water and public sewer. The hours of operation for the restaurant will be 6 am to 2 am, Monday thru Saturday and Sunday 10 am to 12 am. The number of employees will be two per shift. Parking spaces required is 185 spaces; parking spaces provided will be 185 spaces . Ms . Kelly noted that 159 parking spaces are located on-site . The developer has a recorded easement agreement with the existing salon studio next door to use some of its parking as overflow parking for the tavern/event center during the salon studio 's off hours, which would add an additional 26 parking spaces for a combined total of 185 parking spaces. Solid waste disposal will be provided by an existing dumpster. An appeal was granted by the Board of Zoning Appeals to allow the length of the parking spaces to be reduced from 20 feet to 18 feet. Existing signs are building mounted and will not change. Lighting will be provided using pole mounted and building mounted lights. The site is exempt from Forest Conservation requirements due to less than 20,000 square feet of disturbance. Approval from the City of Hagerstown Sewer Department is pending ; all other reviewing agency approvals have been received. Discussion and Comments: Mr. Reeder asked if any buffers would be required since there are neighboring residential properties. Ms. Kelly stated the owner is replacing an existing fence that meets all County requirements. Motion and Vote: Mr. Bowen made a motion to approve the site plan, contingent upon receiving all approvals, as presented. The motion was seconded by Mr. Weddle and unanimously approved. Todd Mike Investments LLC (SP-14-015) Mr. Lung presented for review a request for a change in use/density of an 18.85 acre parcel located at 9222 Stottlemyer Road, north of its intersection with US Route 40 . The property is currently zoned RB - Rural Business. He gave a brief history of this property beginning with a site plan that was submitted in March 2014 for an on-line auction of construction equipment with a contractor's storage yard. In July 2016, a complaint was filed with the Department of Plan Review , from a neighboring property owner, that on-site auctions were being held on th e property . Compla ints were received regardi ng bright lights and a loud PA system being used until late at night. As a follow-up, the Department of Plan Review sent a warning letter to the owner followed by a citation because the approved site plan on file was for an on-line auction only and the listed hours of operation (on the site plan} were by appointment only with no night time use on the property. A revised site plan , or red-line revision , is required to address the need s for an on-site auction . Mr. Lung further explained that because this property is zoned RB, the Planning Commission must decide the intensity of the use and whether or not a public hearing is required for the requested change of use on the site. The following is a list of proposed changes as depicted on the revised site plan: • a change in the functional description from an on-line auction of construction equipment to auction house 144 • change in hours of operations from "by appointment, no night time use" to 8 am to dusk, 7 days per week with auctions to occur periodically; • change in the number of employees from 2 to 12; • change in deliveries from one tractor trailer daily to event related truck traffic and occasional off- hours deliveries; • change in total number of parking spaces provided from 9 to 25 (based on one space per employee plus one space for each expected auction attendee (the applicant believes the re will be no more than 13 attendees on site); • increasing the size of the contractor outside storage area; • the inclusion of a non-permanent event tent; • inclusion of a 4'x6' (6 feet high) sign close to the road ; • additional vegetative screen planting along Stottlemyer Road (as required per the Zoning Ordinance); • no new areas of disturbance or paving . Mr. Lung noted that the revised site plan does not address the noise issue from the loud PA system. However, he believes the ne ighbo ring property owner's concerns can be addressed if the items listed above are addressed . Staff reco m mends this would not be a major change in the intensity/use of the property . Comments and Discussion: Mr. Weddle expressed his opinion that more than 13 people will attend these types of auctions. He believes this issue needs to be addressed. Mr. Justin Doty of Frederick, Seibert & Associates, the consultant, explained that according to Todd Mike Investments only 7 people attended the previously held live auction; the majority of clientele use the on-line auction service. Mr. Bowen expressed his op inion that lights and a PA system are not necessary for 13 attendees. He stated that he has concerns with regard to this request due to the complaints rece ived from neighboring property owners . Mr. Wiley does not like the · 'piece-meal' approach being used . Mr. Reeder expressed his opinion that if the business grows and there are more people attending the live auctions there w ill be more complaints from the neighbors . Members suggested that the developer present a phasing schedule to address plans for future growth . Mr. Doty believes that notes could be added to the site plan to address concerns of the Planning Commission. Mr. Doty announced that the developer has plans for an on-site auction on March 22 nd , which was scheduled several months ago and has been advertised. He expressed his opinion that the developer intended to have on-site auctions from the beginning and there was a breakdown in communication as to what the County would re quire for such even ts. Mr. Doty was asked by the developer to request that the upcoming on-site auction be allowed to proceed as scheduled . All Commission members were supportive of the proposed business; however, they are concerned with the complaints from the neighbors and the lack of planning for future growth. Motion and Vote: Mr. Bowen made a motion not to approve the site plan as presented. The motion was seconded by Mr. Reeder and unanimously approved . Comments following the vote: Mr. Bowen stated that a phasing plan is needed. Mr. Lung clarified that the Planning Commiss ion wants to see more informatio n on the site plan and a phasing schedule before determining if the change of use/intensity will require a public hearing. Mr. Goodrich further clarified that the Commission would approve the plan if the developer stays within the confines shown on the current plan; however, the Commission is concerned about the ultimate growth of the business and would like to see a plan that shows the ultimate possibilities for growth and expansion of the business. Second Motion: Mr. Bowen made a motion to allow the auction on March 22 nd without the use of lights or a PA system. The motion was seconded by Mr. Reeder. Comments: Mr. Weddle expressed his opinion that an updated plan and phasing schedule needs to be presented to the Planning Commission well in advance of the next on-site auction. All other members agreed. Second Vote: The second motion passed unanimously. -OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following submittals were received by the Department of Plan Review during the month of February. Submittals included the following : Engineering/Permitting review -13 reviews for entrance, grading and utility permits ; Development Plan review -5 standard grading plans , 1 site spec ific grading plan and 1 town grading plan for Smithsburg ; Land Use review -2 minor subdivision plats , 2 subdivision replats ; 1 simplified plat ; and 3 site plans. Plan approvals were issued for the follow ing : a Forest Stand Delineation , a final subdivision plat for 13 lots in Emerald Pointe , 2 simplified plats , 2 minor subdivision plats , 3 re-plats, and 3 site plans. Proposed CIP (2018-2027) Mr. Goodrich presented the proposed FY 2018 CIP (Capita l Improvements Program) for review and recommendatio n for cons istency with the 2002 Comprehensive Plan . The CIP is a long-term program for funding and scheduling capital projects over a 10 year period . The first year of the CIP is the capital budget (the amount of money that will be included in the overall budget for cap ita l projects). A summary 145 of all projects was provided to the Commission members. Mr. Goodrich reminded members that CIP projects should be designed to encourage growth inside the Urban Growth Area and not in the rural areas as recommended by the County's adopted Comprehensive Plan. Motion and Vote: Mr. Bowen made a motion to recommend that the proposed CIP as presented is consistent with the County's adopted 2002 Comprehensive Plan. The motion was seconded by Mr. Weddle and unanimously approved. ADJOURNMENT Mr. Bowen made a motion to adjourn meeting at 8:10 p.m .. The motion was seconded by Mr. Reeder and so ordered by the Vice-Chairman. - 146 WASHINGTON COUNTY PLANNING COMMISSION PUBLIC REZONING MEETING March 20, 2017 The Washington County Planning Commission held a public rezoning meeting on Monday, March 20, 2017 at 7:00 p.m. at the Washington County Administration Building, 100 West Washington Street, Room 2000, 2nd Floor, Hagerstown, Maryland . Commission members present were: Vice-Chairman Clint Wiley, Dennis Reeder, Andrew Bowen, David Kline, Robert (BJ) Goetz, Jr., and Jeremiah Weddle . Staff members present were : Washington County Department of Planning & Zoning -Stephen Goodrich, Director and Debra Eckard, Administrative Assistant. CALL TO ORDER The Vice-Chairman called the meeting to order at 7:05 p.m. RZ-17-002 2016 Black Rock Road LLL --Staff Presentation Mr. Goodrich presented a map amendment application for 2016 Black Rock Road LLC for two parcels of land totaling 49.72 acres located along the north side of Black Rock Road, south of 1-70 at the MD 66 interchange . The property is currently zoned A(R) -Agricultural Rural. The applicant is requesting a change in zoning to A(R) -Agricultural Rural with the Rural Business floating zone . Mr. Goodrich explained that the Rural Business overlay zone is not a traditional zoning category; therefore, the change in the character of the neighborhood or a mistake in the original zoning of the property is not criteria used in making the decision to apply the RB floating zone on this property. He further explained that the Commission should consider the facts presented in the Staff Report, a review of the development proposal, 2016 Black Rock LLC's application and presentation, the public comment, and analysis using criteria from the Zoning Ordinance to determine if the proposed use would be compatible with the surrounding neighborhood and if the proposed change would be consistent with the intent and purpose of the Rural Business zone. The applicant is proposing a 5,850 square foot AC&T convenience store, 10 car fueling stations, 4 truck fueling stations, 54 car parking spaces, 30 truck parking spaces and 120,000 square feet of flex space. The proposed 120,000 square feet of flex space is broken down into 24 ,000 square foot increments in 5 different buildings. There will be paved access to these buildings, storm water management facilities, and a well and septic system on the property. A preliminary site plan was provided to the Planning Commission in its agenda package. There are currently no improvements on the property. The property drains from its highest point in the northwest corner near the interchange and flows to the south and southeast. Black Rock Creek is on the south side of Black of Rock Road, where most of the drainage would flow. The entire area is underlain by limestone; therefore , the soils in the area are derived from limestone which produces good agricultural soils. No public water or sewer facilities are currently available in the area and none are planned by the County. The proposed development would use a private well and septic system. This parcel is on the edge of the Upper Beaver Creek Watershed, which is a special planning area that is discussed in the County's adopted Comprehensive Plan. Subdivision and Zoning regulations have special development review requirements for the effects of well and septic systems in the watershed . There would be no effects on the school system because no residential development is allowed in the Rural Business zone . If the property were developed under its current zoning, approximately 8 or 9 housing units could be expected; however, this is already factored into school capacity calculations. Mr. Goodrich stated that a traffic study was submitted as part of the application and copies have been given to the Planning Commission members. He briefly discussed transportation and traffic issues as described in the Staff Report. As part of the proposed development, traffic improvements are proposed including special turning lanes on MD 66 and additional turning lanes on Black Rock Road. Current zoning districts in the area are A(R) -Agricultural Rural, EC -Environmental Conservation, and RV -Rural Village. There are a variety of uses in the area including scattered residential development, 20+ sites listed in the County's Historic Inventory [one of which is located along the eastern edge of the rezonin g site and is listed on the Na tional Register], and other Rural Business zones, which inclu de the Beaver Creek Country Club, Funk Electric, an auto repair business, as well as several other small businesses. Mr. Goodrich noted that the intent of the Rural Business zone is to provide services to the rural population. Mr. Goodrich stated that this intercha nge is the only one in Washington County that does not have the HI (Highway Interchange) zoning des ignat ion. In the late 1990s, the County evaluated all of the highway interchanges in !he County and purposely decided not to assign the HI designation to this interchange due to environ-mental sensitivity issues in this area . A comprehensive rezoning of the rural areas was conducted in 2005 and ultimately approved by the County Commiss ioners. At tha t time , the County rei terated its intent to preserve the rura l nature and environmentally sensitive areas at this interch ange by not applying the HI zone at this interchange and assign ing the current A(R), EC and RV districts .. Mr. Goodrich no ted that the Department of Natural Resources (DNR) has a special interest in this area , spec ificall y the trout hatchery on the opposite side of the interstate from the subject parcel. DNR is tak ing 147 a neutral position on this request stating they are neither for nor against the proposal. However, representatives conveyed information about the karst topography (fractured limestone) in this area which produces high quality water for consumption. DNR representatives also described the efforts expended in the Beaver Creek Watershed to improve and maintain water quality. This includes maintaining the temperature of the water because cold water is very important to trout populations, which have seen an increase due to these efforts . · Following Mr. Goodrich 's presentation, Mr. Wiley explained that there are several people [approximately 40 to 50] unable to access the meeting due to the large number of attendees and the limited space of the room. He expressed concern that some in attendance may not get an equal opportunity to participate and suggested postponing the remainder of this meeting in order to find a different venue that would accommodate more people. Planning Commission members believe it is unfair to those who cannot hear the proceedings and want to make public comments. Motion and Vote: Mr. Bowen made a motion that the public rezoning meeting for 2016 Black Rock Road LLC be postponed and re-scheduled in a different venue that will accommodate all interested parties. The motion was seconded by Mr. Reeder and unanimously approved. Comments: Mr. Weddle expressed his opinion that the meeting should be re-scheduled as soon as possible. The Vice-Chairman adjourned the public rezoning meeting at 7;30 p.m. ELECTION OF OFFICERS Motion and Vote: Mr. Bowen made a motion to elect Mr. Wiley as Chairman . The motion was seconded by Mr. Reeder and unanimously approved. Motion and Vote: Mr. Reeder made a motion to elect Mr. Bowen as Vice-Chairman. The motion was seconded by Mr. Kline and unanimously approved . The meeting was adjourned at 7:50 p.m. WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING April 3, 2017 Pt~ The Washington County Planning Commission held a regular meeting on Monday, April 3, 2017 at 7:00 p.m . at the Washington County Administration Building, 100 West Washington Street, Public Meeting Room 2000, 2nd Floor, Hagerstown, Maryland. Commission members present were: Chairman Clint Wiley, Dennis Reeder, Andrew Bowen, Robert Goetz, Jr., Jeremiah Weddle (arrived at 7:15 p.m .), David Kline (arrived at 7:05 p.m .) and Ex-Officio Leroy Myers, Jr. Staff members present were: Washington County Department of Planning & Zoning -Stephen Goodrich, Director; 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. Bowen made a motion to approve the minutes of the March 6, 2017 regular Planning Commission meeting as presented . The motion was seconded by Mr. Reeder and unanimously approved with Mr. Myers and Mr. Goetz abstaining from the vote. Motion and Vote: Mr. Bowen made a motion to approve the minutes of the March 20, 2017 public rezoning meeting as presented. The motion was seconded by Mr. Goetz and unanimously approved with Mr. Myers abstaining from the vote. OLD BUSINESS Todd Mike Investments LLC (SP-14-015) Mr. Lung reminded members that during the March meeting a request was presented to consider a change of use to a previously approved site plan in the Rural Business district as a minor revision, which would not require a public hearing . The existing site plan allows for an on-line construction equipment auction facility; the proposed use would allow for on-site events. At the March meeting, the Planning Commission did not take action on the change of use determination; however, approval was given for a one time on-site auction to be held in March. Additional information was requested to address parking issues in the future. The applicant has filed for a variance from the Board of Zoning Appeals, as required by the Zoning Ordinance, to allow for parking on a non-paved grass surface. This request will be heard at a public hearing later in April. A plan has been submitted to the BZA showing a total of 385 overflow parking spaces; 25 paved parking spaces are shown on the revised site plan. The applicant is requesting that the Planning Commission approve an additional on-site event in May, pending receipt of all agency approvals for the revised site plan. Mr. Lung briefly summarized the approval of an auction facility for Cochrane Auctions, specifically citing approved parking requirements for that facility. Mr. Justin Doty of Frederick, Seibert & Associates, the consultant, stated that the one time on-site auction approved by the Planning Commission last month was held on March 22 nd with a total of 23 vehicles on- site at one time (all on paved surfaces). The event was completed by 12:15 p.m. Due to the success of the March event, revisions to the site plan and the application submitted to the Board of Zoning Appeals, which will be heard later this month, the applicant is requesting an exception to the one time on-site event and would like to hold another on-site event in May. Discussion and Comments: Mr. Goetz asked what the hours of operation would be for the on-site auctions. Mr. Todd Easterday, applicant, stated there is an office, several restrooms, and storage facility on the site. He gave a brief description of how the on-site auctions would be conducted. Three days prior to the auction, merchandise will be brought to the site and auctions will not be held after dusk (usually before 3:00 p.m.). Motion and Vote: Mr. Bowen made a motion to approve the request for another on-site event in May or June; however, the applicant must have a ruling from the Board of Zoning Appeals prior to the Planning Commission making a determination if the change in use is significant and will require a public hearing. The motion was seconded by Mr. Reeder and unanimously approved. NEW BUSINESS -SITE PLANS Sunbelt Rentals-Crayton Boulevard (SP-17-001) Ms. Kelly presented for review and approval a site plan for Sunbelt Rentals located along Peak Circle west of Crayton Boulevard. The developer is proposing to construct a commercial rental business on a 4.06 acre parcel currently zoned HI -Highway Interchange. The building will total 11,800 square feet in size with the office occupying 3,000 square feet and the garage occupying 8,800 square feet. The south side of the building will have an equipment display area and to the rear of the building will be the stag ing area for equipment storage, which will be screened with evergreens to comply with Zoning Ordinance requirements. There will be one access into the site from Peak Circle . The site will be served by public /l~q water and public sewer. The number of employees will be 12; the hours of operation will be 6:00 a.m . to 5:00 p.m. Monday through Friday and 7:00 a.m . to 12 noon on Saturdays . Freight and delivery will be one box truck per week. Parking required is 19 spaces and 30 spaces will be provided. Lighting will be building mounted and pole mounted throughout the parking lot and thr9ughout the staging and equipment display areas. One sign is proposed and will be building mounted. One screened dumpster in the northeast corner will provide solid waste disposal. Landscaping will be provided in front of the building and also in front of the parking spaces and the bio-retention pond. Vegetation will also be planted in the storm water management area. Forest Conservation Ordinance requirements were met in 2001 using payment in lieu and retention of existing off-site forest when the subdivision for the business park was approved. 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. Goetz and unanimously approved. -OTHER BUSINESS Rosewood PUD Revised Development Plan Determination Mr. Lung presented a request for a proposed change to the approved Rosewood PUD Revised Develop- ment Plan . The original Development Plan was approved in 1999 with numerous changes to the plan over the past 18 years, two of which were deemed significant changes by the Planning Commission and required public hearings. The latest change to the Development Plan was approved in January 2017 without the requirement of a public hearing. This plan included 444 residential units at a density of 5.7 dwelling units per acre and 14.85 acres of commercial area, which constitutes 19% of the PUD. The proposed change consists of 632 residential units at a density of 8.1 dwelling units per acre and 4.24 acres of commercial area at 5.4% of the total area of the PUD. The original 1999 Development Plan included a total of 520 residential units at 6.6 dwelling units per acre and 7.9 acres of commercial area at 10% of the total PUD area . There is a Homeowner's Association established for this development and a meeting was held by the developer with the Association and its members to discuss the proposed changes . A letter from the HOA has been received by the Department of Plan Review stating there was no objection from residents that attended the meeting. A letter was also received by the Department of Plan Review from Dan Ryan Builders conveying their support for the proposed change. Motion and Vote: Mr. Bowen made a motion that the proposed change is not significant and a public hearing is not required. The motion was seconded by Mr. Weddle and unanimously approved. Update of Staff Approvals Mr. Lung reported the following submittals were received by the Department of Plan Review during the month of March . Submittals included the following : Permits -33 reviews including 14 entrance permits and 19 grading permits; Engineering Plan Review -12 submittals including 5 two year updates, 5 standard grading plans, 1 site specific grading plan and 1 traffic study; Land Use Plan reviews -1 final plat for additional lots in Westfields, 3 Preliminary/Final plats (all minor subdivisions), 1 subdivision replat, 1 administrative variance request and 3 site plans (1 minor change of use site plan for a storage shed sales facility on Halfway Boulevard; 1 site plan for the expansion of Maryland Paper; 1 site plan for a new Urgent Care/Med Express facility on Pennsylvania Avenue to replace the existing Pizza Hut). Plan approvals were issued for the following: 2 minor subdivisions, 2 subdivision replats, a simplified plat and 3 site plans including the Mennonite Home, Emerald Pointe commercial area, and a revision for the Rehoboth United Methodist Church on Lappans Road . Mr. Lung announced that the County will be adopting a new FEMA Floodplain Map this summer. A public meeting was held last year in cooperation with FEMA to review the revised Floodplain Map and FEMA issued its "Letter of Final Determination", which means the appeal period has ended and the maps are completed. The County must update its Floodplain Ordinance to bring it into compliance with current guidelines. A public hearing will be held in May . The County is also coordinating with the Towns to bring their ordinances into compliance. Comp Plan Update Mr. Goodrich explained that the Comp Plan update is on-going and progress is being made. There has been some delay in adhering to the planned schedule due to staff changes . All of the goals from the current plan have been reviewed , a draft of the Sensitive Areas element has been completed, the first draft of the Historic Resources element has been completed, and parts of the Water Resources Element and the Economic Development element are partially written . We are currently working on a Development Capacity Analysis, which is required by the State of Maryland and required in order for the County to complete its Water Resources Element of the Comp Plan. The Development Capacity Analysis analyzes the ultimate build out for the County based on current zoning and current limitations. This analysis determines if current water and sewer capabilities would allow the County to serve the forecasted development. If water and sewer capacity is not sufficient, then a plan to improve the capacity, restrict development or both is needed. Population projections have been completed based on the latest figures from the Maryland Department of Planning and county figures for development since 201 O. /50 ADJOURNMENT Mr. Bowen made a motion to adjourn the meeting at 7:55 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. 151 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING May 1, 2017 The Washington County Planning Commission held a regular meeting on Monday, May 1, 2017 at 7:00 p.m . at the Washington County Administration Building , 100 West Washington Street, Public Meeting Room 2000, 2nd Floor, Hagerstown, Maryland. Commission members present were: Chairman Clint Wiley, Dennis Reeder, Robert Goetz, Jr., David Kline, Jeremiah Weddle and Ex-Officio Leroy Myers . 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 April 3 , 2017 regular meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. NEW BUSINESS -SITE PLANS T-Mobile Pennsylvania Avenue (SP-16-048) Ms. Kelly presented for review and approval a site plan for a proposed cell tower to be located along the east side of Pennsylvania Avenue on property owned by Richard Strite. The developer is proposing to construct a 120 foot silo commercial communications tower on a 60 x 80 foot leased area located on a 79 acre parcel of land. The silo will be made of concrete, 16 to 20 feet in diameter and designed to resemble existing silos on the farm . The communications tower will serve T-Mobile and have space available for 3 co-locations. The compound will have an 8 foot tall chain link fence with gate surrounding it with signs located on the fence. A special exception was granted by the Board of Zoning Appeals (BZA) in December 2016 to allow for the establishment of this tower in the A(R) (Agricultural Rural) zoning district. Several variances from the Zoning Ordinance were also granted by the BZA to reduce setbacks from a minimum of 128 feet to 30 feet on three sides and 50 feet on the east side of the tower. The site is exempt from Forest Conservation Ordinance requirements because there is less than 20,000 square feet of disturbance. All agency approvals have been received. Discussion and Comments: Mr. Weddle expressed his opinion that the leased area should be larger to accommodate the size of the structure in case the structure would collapse. Mr. Justin Blanset, representing NB & C Engineering , stated that this type of cell tower is made of concrete and would be designed to collapse in on itself rather than topple over and would be contained within the leased area . He also explained that the company does not want to expand the area and interfere with on-going farming operations. Other Planning Commission members believe that most cell towers are now designed to collapse rather than topple over. Mr. Kline asked why the developer chose a silo style cell tower. Mr. Blanset stated that the Strite house is a registered structure with the Maryland Historical Trust and the developer believes the silo would be compatible with the character of the existing structures in the area and have less of a visual impact on the neighborhood. Mr. Wiley asked if the BZA will require the deconstruction of the cell tower if it is not used for a specified period of time. Mr. Blanset stated it is a condition that is noted on the site plan and Ms. Kelly stated that is a requirement of the Zoning Ordinance. Motion and Vote: Commissioner Myers made a motion to approve the site plan as presented . The motion was seconded by Mr. Weddle and unanimously approved . Sheetz -Downsville Pike (SP-16-049) Ms. Kelly presented for review and approval a site plan for a proposed Sheetz convenience store with drive-thru and gas station. The site is located along the southeast side of Downsville Pike and west side of Venture Drive. The property is currently zoned HI (Highway Interchange). The developer is proposing to construct a 6,900 square foot convenience store with a building height of 20 feet on 2 .80 acres . There will be two access points off of Venture Drive; no access will be available from or onto Downsville Pike. An order board and pick-up window will be located in the rear of the building as well as six gas pumps. Minimum stacking requirements will be met. The hours of operation will be 24 hours per day, 7 days per week. There will be 5 or 6 employees per shift. The site will be served by public water and public sewer. Parking required is 35 spaces; 46 spaces will be provided. Lighting will be building and pole mounted lights. The developer is proposing building mounted signs and 2 free-standing signs , one located near the intersection of Venture Drive and one located at the corner of the 1-70 ramp and Downsville Pike. The Board of Zoning Appeals granted a variance in March 2017 allowing for a change in the setback from a minimum of 50 feet to 13.5 feet from the interstate right-of-way line and a setback from 25 feet to 13 feet for signs . The BZA also granted a variance to allow a free-standing sign, a canopy , and building mounted signs that will face adjacent properties that are zoned RS (Residential, Suburban). An enclosed dumpster will provide solid waste disposal. The bio-retention area will be enclosed by a 6 foot high chain link fence along the western property line and a 4 foot high chain link fence along the southern property \.-- 152 line . Landscaping will include grasses, shrubs and trees, which will be placed throughout the parking lot. Forest Conservation Ordinance requirements were met by an off-site easement that was approved as an easement plat in 2002 when the subdivision around Venture Drive was created . All agency approvals have been received. Written comments were provided to Commission members from Mr. Mark Stransky of the Department of Plan Review's engineering section . Comments included the following : a traffic signal will be installed at the intersection of Downsville Pike and Venture Drive (must be installed prior to the business opening); Venture Drive will be re-striped to create 3 lanes ; the timing of the Downsville Pike/Halfway Boulevard and Downsville Pike/Oak Ridge Drive signals will be synchronized with the new traffic signal at Downsville PikeNenture Drive; and, a traffic analysis based on ultimate development of the business park indicates that the Venture Drive thru-left turn lane will not adversely affect the operation of either entrance . A traffic signal plan is being performed separate from the site plan and has not been approved by the State Highway Administration at this time . Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was seconded by Mr. Kline and unanimously approved with Mr. Goetz abstaining from the vote . -OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following approvals for the month of April: 3 change of use site plans for Noel's Fire Protection on Kemp's Mill Road, Maryland Sheds on Halfway Boulevard, and North Paw's Animal Hospital on Maryland Route 62; and site plans for Sunbelt Rentals on Crayton Boulevard and Breakaways II on Pennsylvania Avenue. Mr. Lung noted that a report on new submittal activity for the month of April was not available due to upgrades on the County's project tracking system that occurred over the past week. ADJOURNMENT Commissioner Myers made a motion to adjourn meeting at 7:35 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. Clint Wiley , Vice-Chairman 153 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING June 5, 2017 The Washington County Planning Commission held a regular meeting on Monday, June 5, 2017 at 7:00 p.m. at the Washington County Administration Building, 100 West Washington Street, Public Meeting Room 2000, 2nd Floor, Hagerstown, Maryland . Commission members present were: Chairman Clint Wiley, Drew Bowen, Dennis Reeder, David Kline, and Jeremiah Weddle. Ex-Officio Commissioner Leroy Myers was absent. Staff members present were: Washington County Department of Planning & Zoning -Stephen Goodrich, Director and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Tim Lung, Director/Zoning Administrator, 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 May 1, 2017 regular meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. OLD BUSINESS Todd Mike Investments LLC (SP-14-015) Mr. Shaw reminded members that a site plan was approved for Todd Mike Investments LLC on July 16, 2016 for an on-line auction and construction equipment storage yard . The property is located at 9222 Stottlemyer Road and is currently zoned RB (Rural Business). The Planning Commission is being asked to determine if the change in use from an on-line auction to an auction house is a major or a minor change. Mr. Shaw noted the following proposed changes: change in hours of operation from by appointment to 8 a .m. to dusk, 7 days per week with on-site auctions occurring periodically; a change in the number of employees from 2 to 12; change in deliveries from one truck daily to event related truck traffic and occasional off-hour deliveries; change in the total number of parking spaces from 9 to 25, based on one space per employee plus one space for projected auction attendees; increase in size of contractor's storage area; inclusion of a non-permanent event tent; inclusion of a new sign; and additional vegetative screening along Stottlemyer Road . The Board of Zoning Appeals reviewed the plan on April 19, 2017 and granted the applicant a variance from the requirement to provide a stable, dust-free surface for a parking lot. The BZA's opinion included a restriction that no more than 15 events per year would be allowed on-site . Discussion and Comments: Mr. Bowen confirmed there would not be any night-time events on this site. He believes that the concerns of the neighbors have been addressed if no events are permitted on the site after dark. Mr. Weddle asked if the tree line could be extended to protect the neighboring properties . Members agreed, by consensus, that the tree line should be extended; Mr. Schreiber stated this would not be an issue and the applicant would comply with the request. Motion and Vote: Mr. Bowen made a motion that the proposed changes should be considered a minor change and that no public hearing will be required. The motion was seconded by Mr. Kline and unanimously approved. NEW BUSINESS -SITE PLANS Rosewood PUD. Phase ll-81 Lots 71 -105 (PSP-16-003) Mr. Shaw presented for review and approval a preliminary site plan for Rosewood PUD, Phase 11-B, Lots 71-105 located along the northeast side of Professional Drive. The developer is proposing 35 residential townhouse lots . The site is served by public water and public sewer from the City of Hagerstown. The site has .19 acre of open space broken up into three different areas; a large tot lot is proposed in Area #2 as shown on the plan . Required parking is 88 spaces; 89 parking spaces will be provided. Forest Conservation Ordinance requirements have been met via a Forest Conservation Plan approved in 2006. All agency approvals have been received . The applicant is requesting a reduction from the 1 O foot rear yard setback requirement to 7 feet to allow the construction of covered entry porches on the end units only . Motion and Vote: Mr. Bowen made a motion to approve the preliminary site plan with the reduction from the 10 foot rear yard setback requirements to 7 feet as presented. The motion was seconded by Mr. Weddle and unanimously approved . Med Express (SP-17-005) Mr. Shaw presented for rev iew and approval a s ite plan for Med Express located at 13527 Pennsylvania Aven ue, Lot 1. The developer is proposing a medical office on 0.63 acres in the former Pizza Hut building. The hours of operation will be 8 a.m. to 7 p.m., 7 days per week. There will be 14 employees . 154 The total number of required parking is 25 spaces; 33 parking spaces are proposed. The existing impervious area is being reduced by 1. 9%. The site is served by public water from the City of Hagerstown and public sewer from Washington County. Storm water management will be provided utilizing existing storm water management facilities in addition to new lawn and_ landscaping improvements. Landscaping and lighting plans have been reviewed and meet all County standards. Approvals from the City Water & County Sewer Departments are pending ; all other agency approvals have been received . Discussion and Comments: Mr. Bowen asked if all traffic issues have been reviewed . Mr. Shaw stated that the plan has been routed to the State Highway Administration and the Washington County Engineering Department and both agencies have given their approval. He also noted that Med Express will utilize the existing access between the former Pizza Hut and Martin's grocery store. Motion and Vote: Mr. Kline made a motion to approve the site plan contingent upon approval from the City of Hagerstown Water & County Sewer Departments . The motion was seconded by Mr. Weddle and unan imously approved. Bowman Cornfield (SP-16-005) Ms . Kelly presented for review and approval a site plan for a proposed convenience store, restaurant and gas fueling station on a 13 .3 acre parcel located at the intersection of Lappans Road and Spielman Road . The property is currently zoned HI (Highway Interchange). The developer is proposing to construct an 11,180 square foot convenience store with a restaurant and drive-thru, gas pumps with canopy and a car wash. There will be 16 gas pumps located in front of the building. The diesel pumps with canopy will be to the rear of the store with a truck washing facility . Four truck parking spaces will be provided behind the convenience store . There will be two access points from Spielman Road . The truck and car fueling areas will be separated by the convenience store and landscaping areas. The site will be served by public water and public sewer. There will be 30 employees working 3 shifts . Hours of operation will be 7 days per week, 24 hours per day. Required parking is 95 spaces; 107 spaces will be provided . Lighting will be building mounted and pole mounted throughout the site . There will be a screened dumpster and compactor on the site adjacent to the store . Two stand-alone signs and building mounted signs are proposed; architectural details and profiles are still being developed and have not been reviewed by staff. All signs will meet Zoning Ordinance requirements. Landscaping will be located throughout the parking lot, around the building and dumpster, as well as plantings within the storm water management area. An existing storm water management facility is located on the site. Forest Conservation Ordinance requirements have been met by off-site retention of existing forest ; an easement plat has been reviewed , approved and recorded. The State Highway Administration has reviewed and approved the site plan. SHA will require the following improvements to be finalized prior to the opening of the convenience store: the existing truck entrance must be relocated for better sight distance; construction of a new car entrance; widening of Spielman Road, west of centerline along the entire project frontage; mill and overlay Spielman Road west of centerline along entire project frontage; drainage pipe extensions to accommodate road widening ; reconfigure lane striping at Spielman and Lappans Road intersection ; single pole and light modification. All agency approvals have been received. Ms. Kelly noted that a specific business has not been selected for this site . Discussion and Comments: Mr. Reeder asked if there would be overnight parking for trucks . Ms. Kelly stated there would be no overnight facilities for the drivers ; therefore, no overnight parking will be permitted. Mr. Reeder asked how the parking will be monitored . Mr. Fred Frederick of Frederick, Seibert & Associates, the consultant, stated this is not a truck stop. He entered into the record, photos of 3 different truck stops in the county . He also entered into the record photos of 2 convenience stores with restaurants to show Commission members the difference. Mr. Frederick stated that the convenience store will be approximately 4,200 square feet; there will be no seating for the restaurant; and there will be some office space. He explained that a specific business has not been selected because it was Mr. Bowman's original intent to locate his business at this location. Mr. Rob Ferree of Bowman Development, the developer, stated that Mr. Bowman had planned to use this site to supplement the fueling operation at the truck terminal on Governor Lane Boulevard; however, new fuel pumps have been installed at that location to meet MOE requirements . He stated that the approved site plan will be used as a marketing tool to market the site more efficiently .. Mr. Wiley asked if a convenience store operator is found and wants to make a change to the plan, would the Planning Commission again review the plan and the proposed changes. Mr. Frederick stated that it would come back unless the operator would conform his business to the proposed building layout being approved . Mr. Bowen asked if the proposed convenience store is a permitted use in the HI zoning district. Mr. Lu ng stated that the proposed uses as shown on the s ite plan are permitted in the HI zoning district; however, a "truck stop" i s a special exception use in the HI d istrict. He stated th at if the developer would want a "truck stop" at this location, a new site plan would be required. He also rev iewed the definition of a "truck stop " as defined in the County 's Zoning Ordinance, w hich includes the following criteria: "a structure or land use primarily for the _sale of fuel for trucks and usually long-term truck parking , inci de ntal service or repair of trucks, overnight accommodations or restaurant fac ilities open to serve the general publ ic or a group of facilities consisting of such a use and attendant eating , repa ir, sleeping or truck parking facilitie s". Mr. Weddle asked if a sign stating "no overnight parking " could be posted. Mr. Ferree stated that could be done. Mr. Weddle expressed his concern with regard to trucks exiting the site and the safety of other vehicles and drivers on Spielman Road . Mr. Frederick stated that traffic and safety issues have been vetted by the SHA and improvements will be required per SHA comments. 155 Mr. Wiley explained to the audience that this meeting is not a public hearing and typically audience participation is not allowed during regular meetings; however, to be fair to all who were present for this particular case, the Planning Commission would allow people to make very brief comments. • Jimmy and Pam Black, 15942 Spielman Road: Mr. Black expressed his concern regarding safety issues and accidents in this area. He stated it is difficult to get out of their driveway. • Deborah Bachtell, 15900 Falling Waters Road : Ms. Bachtell expressed her concern regarding traffic and the amount of time it takes to get through the intersection at MD Routes 63 and 68 due to tractor trailer traffic already in the area . She also expressed concern regarding the stacking of tractor trailers on the ramp to 1-81 . Ms. Bachtell believes this use will bring more traffic and crime to her neighborhood . • Allan Donaldson, 15535 Natural Well Road: Mr. Donaldson expressed his concern with the site being near the railroad tracks, which has shown an increase in rail traffic. He believes there will be a problem with traffic sitting on the tracks. • Toni Shrader, 15529 Natural Well Road : Ms . Shrader presented the Planning Commission members with written comments before the meeting began. She believes that Washington County does not need another fueling station or truck stop along 1-81. Ms. Shrader stated she attended a public hearing for the truck stop recently constructed along 1-81 at Showalter Road at which Mr. Ferree spoke and was adamantly opposed to the truck stop because it would lower the value of Mr. Bowman's property in that area . She also noted that Mr. Ferree pointed out how dirty a truck stop would be and that such a use did not belong close to the Airport. Ms . Shrader asked if school bus trips were taken into account on the traffic study for this property. She noted that Spielman and Lappans Roads are thoroughfares to the Williamsport school complex. Ms. Shrader believes there should be less gas pumps and there should not be a truck washing facility on this site . • Paul Miner, 14938 Falling Waters Road : Mr. Miner expressed his concern with regard to the JFK Run that is held once a year in that area. He believes it will be extremely dangerous with people running and truck traffic on this road . Mr. Miner is also concerned about the intersection and its dangers to drivers. • Ron Brais, 15740 Falling Waters Road : Mr. Brais expressed his concern for safety conditions at the intersection and the increased amount of truck traffic. • Richard Davis, 14614 Falling Waters Road : Mr. Davis expressed his opinion that this site is not designed for the type of business that is proposed . He believes trucks will be waiting along the ramps of 1-81 which will create a safety hazard. • Robert Harsh, 15834 Falling Waters Road: Mr. Harsh explained that he has been a firefighter most of his life and expressed his concern for safety issues at the corner. He related several accidents that he has witnessed there. Mr. Harsh also expressed concern that no traffic lights are proposed . • Barbara Hovermale, 16286 Spielman Road: Ms . Hovermale expressed her opinion that the type of business proposed should not be permitted . She believes that this type of development will negatively impact the cleanliness and historic value of Williamsport. She expressed her opinion that the traffic is a hazard to health, life and property . Ms . Hovermale also believes this bus iness will negatively impact the business (feed store) across the road . • Johann Wehrle, 13152 John Martin Drive: Mr. Wehrle stated that Elmwood Farm is less than one mile away from the proposed site and is a development that is growing rapidly. He noted there are many young families with school-aged children riding buses through this area and safety is a major concern . Discussion and comments: Mr. Kline stated that following all the comments heard during the meeting regarding traffic and safety issues, he is uncomfortable making a decision . He expressed his opinion that the location of the property along 1-81 makes it ideal for a gas station and fast food restaurant; however, he would like to make several site visits during various times of the day to observe traffic conditions. Mr. Wiley requested that Commission members be given a copy of the traffic study. Mr. Bowen appreciated all the comments and safety issues that were expressed; however, he acknowledged that if the zoning allows this type of use and safety issues are addressed properly he would vote for this development. He also believes that the Commission should review the traffic study and visit the site before making a decision . Mr. Reeder stated that he lives on Spielman Road and he expressed his concern with regard to stacking of tractor trailers on the 1-81 ramp and Spielman Road . There was a brief explanation from_ Mr. Frederic!< and Mr. Ferree on data that was used and collected during the traffic study . Motion and Vote: Mr. Kline made a motion to table this item until the July meeting . The motion was seconded by Mr. Weddle and unanimously approved. Daley Drive Auto Sales (SP-16-034) 156 Ms. Kelly presented for review and approval a site plan for a proposed used car sales business in an existing garage located along the west side of Daley Drive just north of its intersection with Reiff Church Road. The property is zoned A(R) -Agricultural Rural with a Rural Business floating zone over 1.3 acres of the site. The Planning Commission and Board of County Commissio.ners approved the RB overlay (RZ- 16-002) in 2016. The remaining 1.44 acres is zoned A(R). There is an existing access from Daley Road. The gravel sales lot will be 3,500 square feet in size. There will be one employee on the site. Hours of operation will be 9 a.m. to 5 p.m ., Monday thru Friday and 9 a.m. to 2 p.m. on Saturday. Three parking spaces are required; four parking spaces will be provided. The site is served by individual well and septic . Lighting and signage will be building mounted . Solid waste will be collected in an inside receptacle. The site is exempt from Forest Conservation Ordinance requirements because there is no disturbance. The existing tree line will provide screening from the adjacent farm . All agency approvals have been received. Motion and Vote: Mr. Kline made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved . NTB Tire & Service Center (SP-17-004) Ms. Kelly presented for review and approval a site plan for property located at the Valley Mall adjacent to Massey Boulevard . The property is 1.04 acres in size and is currently zoned PB (Planned Business). The developer is proposing to construct a 7,100 square foot tire, battery, brake sales and service center, which will include 8 service bays . A modification was granted in February 2016 to allow this lot to be created without public road frontage . Access to the site will be from the interior cul-de-sac . The site will be served by public water and sewer. The number of employees will be 10. Hours of operation will be Monday thru Friday, 7:30 a.m. to 8:00 p.m., Saturday 7:30 a.m. to 7:00 p.m ., and Sunday 9:00 a.m . to 6:00 p.m. Parking required is 26 spaces; 32 spaces will be provided. In 1999, a variance was granted for the parking setbacks when the Valley Mall was expanded and additional parcels were added. Sidewalks will be installed around the building . An enclosed dumpster will be used for solid waste disposal. Freight and delivery services will be two times per week. There will be one monument sign located in the northeast corner of the site. Lighting will be pole and building mounted. Lighting will be directed downward with no glare onto Massey Boulevard. Landscaping will be provided on the site with various trees, shrubs, daylilies and ornamental grasses . Forest Conservation Ordinance requirements were met in 1999 with a payment-in-lieu. All agency approvals have been received . Motion and Vote: Mr. Weddle made a motion to approve the site plan as presented. The motion was seconded by Mr. Kline and unanimously approved. -OTHER BUSINESS Westfields Section 6 Chairman Wiley announced that this item has been withdrawn from the agenda per the consultant's request. Update of Staff Approvals Mr. Lung reported the following submittals for the month of April: Engineering/Permit review -1 O entrance perm its; 12 grading permits ; 4 utility permits; Plan Review -2 two year updates; 5 standard grading plans ; 1 site spec ifi c grading plan ; 1 subd ivisio n rep lat; 1 final subd ivision plat for Westfie lds Section 6C ; 1 m inor res idential preliminary/final subdivision plats; 6 traffic studies (scoping requests); and 1 site plan for the Resh Road Landfill (gas mitigation control project). Mr . Lung reported the following submittals for the month of May: Engineering/Permit review -11 entrance permits; 15 grading permits; 2 utility permits; Plan Review -4 storm water concept plans; 1 PUD development plan (Rosewood revision); 1 forest conservation plan; 2 forest stand delineations; 2 site specific grading plans ; 5 standard grad ing plans; 1 preliminary consultation for Bowman Development truck termina l improvements on Governor Lane Boulevard; 3 simplified plats; 1 final subdivision plat for Rosewood PUD, Phase 118 ; 4 subdivision replats ; 1 minor residential preliminary/final subdivision plat; 2 site plans (Meritus Health Clinic on Crayton Boulevard, CRS station off Oliver Drive). Mr. Lung reported the following appr-ovals for the month of May: 2 minor red-line revision site plans; a minor change of use site plan for Vine Church, Smithsburg; Fahrney-Keedy Bowman Center; 2 subdivision replats; 1 minor residential subdivision; and 2 forest stand delineations. Rezoning Schedule Mr. Goodrich explained that staff has been discussing the adequacy of the current rezoning schedule, which is two cycles per year. He asked Commission members for their feedback regarding a change in the number of cycles per year. There has been a claim by one individu al that two cycles per year is slowing down development. Mr. Goodrich explained that the process has been changed over the years due to changes in State law and noted that the current cycles cannot be shortened due to certa in procedures that must be followed . Planning Commission members expressed their opinions that while they are happy to accommodate the public , they don't feel there is a need to add additional rezoning cyc les at this time. Election of Officers Motion and Vote: Mr. Bowen made a motion to nominate Mr. Wiley as Chairman. The motion was seconded by Mr. Kline and unanimously approved. 157 Motion and Vote: Mr. Kline made a motion to nominate Mr. Bowen as Vice-Chairman. The motion was seconded by Mr. Reeder and unanimously approved . UPCOMING MEETINGS 1. Monday, July 10, 2017, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W . Washington Street, Room #2000, Hagerstown, Maryland ADJOURNMENT Mr. Bowen made a motion to adjourn meeting at 8:45 p.m . The motion was seconded by Mr. Kline and so ordered by the Chairman . WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING July 10, 2017 158 The Washington County Planning Commission held a regular meeting on Monday , July 10 , 2017 at 7:00 p.m . at the Washington County Circu it Court House, Court Room #1 , 24 Summit Avenue, Hagerstown, Maryland. Commission members present were: Chairman Clint W iley, Dennis Reeder, David Kline , B. J. Goetz, and Jeremiah Weddle. Andrew Bowen and Ex-Officio Commissioner Leroy Myers were absent. Staff members present were : Washington County Department of Planning & Zoning -Stephen Goodrich , Director; Jill Baker, Chief Planner; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Tim Lung , Director/Zoning Administrator, 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 June 5, 2017 regular meeting as presented . The motion was seconded by Mr. Kline and unan imously approved . OLD BUSINESS Bowman Co rn fie ld (SP-16-005) Ms. Kelly presented for review and approval a site plan for a proposed establishment with food sales, retail space, office space and fuel sales with gas pumps , a canopy , and a car wash on a 13.3 acre parcel located at the intersection of Lappans Road and Spielman Road . The property is currently zoned HI (Highway Interchange). There will be 16 gas pumps for cars located in front of the building and 6 pumps for truck fueling to the rear of the store . Four truck parking spaces will be prov ided behind the convenience store. Ms. Kelly noted that the proposed truck wash shown on the site plan last month has been removed . There will be two access points from Spielman Road. The site will be served by public water and public sewer. There will be 30 employees working 3 shifts. Hours of operation will be 7 days per week, 24 hours per day. Required parking is 95 spaces; 107 spaces will be provided . Lighting will be building mounted and pole mounted throughout the site . There will be a screened dumpster on the s ite adjacent to the store. Two stand-alone signs and building mounted signs are proposed. Landscaping will be located throughout the parking lot, around the building and dumpster, as well as plantings within the storm water management area . An existing storm water management facility is located on the site . Forest Conservation Ordinance requirements have been met by off-site retention of existing forest; an easement plat has been recorded. The State Highway Administration has reviewed and approved the site plan. SHA will require the following imp rovements to be finalized prior to the opening of the establishment: the existing truck entrance must be relocated for better sight distance; construction of a new car entrance; widening of Spielman Road , west of centerline along the entire project frontage ; mill and overlay Spielman Road west of centerline along entire project frontage; drainage pipe extensions to accommodate road widen ing; reconfigure lane striping at Spielman and Lappans Road intersection; single pole and light modification. All agency approvals have been received . Discussion and Comments: Mr. Weddle stated that he visited the site. He believes that sight distance would be improved if the t rees on the opposite side of the street from the truck entrance would be removed. Mr. David Trostle of Frederick, Seibert & Associates, the consultant, stated that the developer intends to remove those trees . Mr. Kline verified that the State Highway Administration will hold $300,000 in reserve for traffic lights if needed in the future . He noted that he has spent a lot of time visiting the site and reviewing all the information given to the Commission members including all public comment that was received. He explained that the HI zoning district was created for this type of business and takes into consideration higher volumes of traffic that will leave the interstate to patronize this type of establishment. In his opinion there is not a better place along 1-81 for this type of business . Mr. Kline noted that all agencies including the State Highway Administration have reviewed this site plan and have given their approval. He believes there is no reason to deny the proposal and the developer should be allowed to move forward with the project. Mr. Reeder concurred with Mr. Kl ine's comments reiterating that the State Highway Administration has approved this site plan and that money will be held in reserve for traffic lights if they are needed in the future . Mr. Wiley stated that the proposed use is a principally permitted use in the HI district. He believes the removal of the truck wash was a good idea. It is his opinion that the State Highway Administration has vetted the safety issues and the developer has addressed these issues on the site plan by meeting all SHA requirements . Mr. Go etz co mmended the devel o pe r for removing the truck wash from the prop osa l. He be lieve s this will reduce th e a mount of time th at t ruc ks will sit at the site . He noted there is a lre ad y a lot of t ruck traffic in 159 this area from the warehouse and industrial facilities along Governor's Lane Boulevard. With the addition of the truck fueling facilities at this location, it is his opinion that truck traffic risks on 1-81 may be reduced. Motion and Vote: Mr. Kline made a motion to approve the site plan for Bowman Cornfield as presented. The motion was seconded by Mr. Goetz and unanimously approved. NEW BUSINESS SUBDIVISION Westfields Section 6 Ms . Kelly presented for review and approval a proposed revision to the lot configuration within Section 6 of the Westfields development. The final plat for Section 6A was approved to create 23 single-family lots, 20 of which were 100 feet wide and the remaining 3 lots were 80 feet wide . The developer is proposing to reconfigure the lots in Section 6A to 40 semi~detached units and to eliminate 20 lots in Section 7. Mr. Jonathan Pembroke of Ausherman Development, the developer, stated there are 773 lots approved for this cluster development. The proposed change would not change the total number of lots in the development. This proposal is being driven by market demand. Motion and Vote: Mr. Kline made a motion to approve the revision to Westfields, Section 6 as presented. The motion was seconded by Mr. Weddle and unanimously approved . -FOREST CONSERVATION Freedom Hills, Section B Ms . Kelly presented for review and approval a request to change the forest conservation mitigation for property located along Garden View Road . In 2001, the first section of Freedom Hills was approved and the Planning Commission, as part of its approval, allowed the developer to mitigate 4 .72 acres of the total 9.36 acres required, using a payment-in-lieu in the amount of $20,256.32. The remaining 4.64 acres of mitigation was to be addressed by planting on the Freedom Hills site; a surety was posted in 2003 in the amount of $20,211.84. Freedom Hills Section B, Lots 26-99 were approved by the Planning Commission in October 2005 . Part of the approved plat included a Forest Conservation Easement Plan which showed an afforestation easement on Lots 65 thru 77 and Lots 96 thru 99 for a total mitigation of 1.06 acres. In 2017, a field inspection of this easement by County staff showed that the trees were not planted and therefore, was in violation of the approved 2005 Final Plat for Section B. The developer, Farhad Memarsadeghi, was contacted regarding this issue and has been working with the County to remedy the situation. He has proposed addressing this issue by removing the easement from Lots 65 thru 77 and 96 thru 99 and paying the fee-in-lieu for the 1.06 acres. Staff is recommending that the developer plant trees on a portion of Section C that does not have final plat approval. Discussion and Comments: Mr. Weddle questioned why the trees were not planted before the lots were sold . Mr. Memarsadeghi explained that he purchased the property from another developer whose responsibility it was to plant the trees . Mr. Goodrich expressed Staff's opinion that when Mr. Memarsadeghi purchased the development, he purchased all obligations that werit with it. There was a discussion regarding the obligation of the developer and alternatives to address this issue. Mr. Weddle expressed his opinion that the payment-in-lieu relieves the developer of his responsibility and he is not in favor of this option . Motion and Vote: Mr. Reeder made a motion to approve the payment-in-lieu for 1.06 acres of mitigation . The motion was seconded by Mr. Kline and approved with a 4-1 vote; Mr. Weddle was opposed. -OTHER BUSINESS Linac Automobile Mr. Lung presented a request for the change of use/intensity of property located at 2041 O Leitersburg Pike, at the intersection of Leitersburg Pike and Miller's Church Road. The property is currently zoned RB (Rural Business). The property owner would like use this property for a gasoline station and a used car lot. Mr. Lung noted that the property has been used for a variety of businesses over the years, the most recent being a sales lot for storage sheds . In accordance with Section 5E.7 of the Washington County Zoning Ordinance, when an applicant reques ts a change of use/intensity in the approved RB floating distri ct, the Planning Commission must determine if the change is significant and warrants the needs for a new public hearing . Staff has no objecti on to the req uest and believes that a public hearing should not be required . Discussion and Comments: Mr. Reeder verified that the existing building would be removed and a new 1,200 square foot structure built in its place. Mr. Randy Dick of RMD Consulting, consultant, stated that dur ing a Board of Zoning Appeals hearing for a canopy, ne ighbors were concerned with trash blowing onto their property. T he developer has agreed to install a six foot vinyl fence along the property line to address this issue . The neighbors had no othe r conc,~rns with the proposal according to Mr. Dick. Motion and Vote: Mr. Reed.er made a motion that based on review of the propos al, this is not a signifi- cant change in the use/intensity of the property and a public hearing will not be req uired . The motion also gives staff the authority to approve the site plan pend ing all agency approvals. The motion was seconded by Mr. Weddle and unanimously approved . 160 Update of Staff Approvals Mr. Lung reported the following for the month of June : Land Development/Permit review -33 entrance perm its ; 1 floodplain permits; 20 grading permits; 1 utility permits; Land Development Plan Review -1 Forest State Delineation ; 2 simplified subdivision plats; 1 subdivision replat; 1 final subdivision plat for an additional section to Elmwood Farm ; 7 site plans including Hopewell Station Apartment expansion , Merkle Response Parking Area Addition , Brooks House, Long Meadow Volunteer Fire Company building expan - sion, Falcon Air Services hangar at Hagerstown Regional Airport, Patriot Federal Credit Union along Robinwood Drive, and A C & T (additional parking area); Engineering review -3 site specific grading plans ; 3 standard grading plans, 1 standard storm water management plan , and 1 storm water concept plan; Land Development approved plans -2 Forest Stand Delineations, 2 simplified subdivision plats, 1 Forest Conservation Plan, 1 minor subdivision replat, 2 minor subdivision plats , preliminary plat/site plan for Rosewood , Section 11-8, Lots 71 thru 105, 2 site plans including NTB Tire Center and Daley Drive Auto Sales , 2 site plan red-line revisions including the Mennonite Home and 2012 Western Maryland LLC warehouse. Demolition Permit #2017-02234 Mr. Goodrich presented a request for review and recommendation on Demolition Permit #2017-02234 for property located at 20463 Beaver Creek Road . The 2-story stone house is listed in the Washington County Historical Site Inventory, #WA-11-088 . Mr. Goodrich briefly reviewed the procedures followed for demolition permit review on properties listed in the County's Inventory and the materials included in the agenda packets. The Historic District Commission has reviewed this application and is opposed to the demolition . The HOC provided alternatives to the applicant in lieu of demolition . Discussion and comments: Mrs . Janet Stiles Fulton gave a brief history of the property , which is located in a floodplain. She noted that the house has been rented for several years. Mrs. Fulton briefly described the condition of the house and repairs that would need to be made . She has spoken to several potential purchasers for the property ; however, none want to restore or rehabilitate the house. Mrs . Fulton explained that she has obtained an estimate for a basic renovation of the house, which would not be financially possible or feasible. There was a brief discussion regarding the challenges of restoring the house , selling materials from the house for re-use and the cost of flood insurance. Motion and Vote: Mr. Reeder made a motion to recommend that the Planning Commission is not opposed to the demolition of the house located at 20463 Beaver Creek Road. The motion was seconded by Mr. Kline and unanimously approved with Mr. Weddle abstaining from the vote . Water & Sewer Plan Amendment (WS-17-001) Ms . Baker discussed a proposed Water and Sewer Plan Amendment application for Mr. Clarence Horst located along Garden View Road . She explained that the Washington County Health Department has instituted new rules regarding well testing in specific areas throughout the County, where contamination has been discovered in the aquifer, which is caused by groundwater under the direct influence of surface water. Ms . Baker further explained that three tests for wells have been performed on the property ; and, the Health Department is unable to issue a permit for these wells because conventional systems will not adequately deal with the contaminants. There is a water line owned by the City of Hagerstown that runs down Garden View Road and Mr. Horst has approached the City regarding hook-up to this line. However, the property in question is outside the City 's Medium Range Growth Area as well as the County 's Urban Growth Area bounda r ies ; therefore, he cannot obtain water from the City of Hagerstown 's line. Ms . Baker explained that the City does have an exemption policy, which Mr. Horst is utilizing . Water lines have already been run to both the existing house and the proposed house . In order to help Mr. Horst get water to his property as quickly as possible, the Planning Commission will hold a public information meeting for this request at its August 7'h meeting. We anticipate the Planning Commission making its recommenda- tion immediately following the public information meeting that evening in order to move the request to the Board of County Commissioners as quickly as possible for final approval. UPCOMING MEETINGS 1. Monday , August 7, 2017 , 7:00 p.m., Washington County Planning Commission public information and regular meeting, Washington County Administration Building, 100 W. Washington Street, Room #2000, Hagerstown, Maryland ADJOURNMENT Mr. Kline made a motion to adjourn meeting at 8:30 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman . 161 WASHINGTON COUNTY PLANNING COMMISSION PUBLIC INFORMATION AND REGULAR MEETING August 7, 2017 The Washington County Planning Commission held a Water and Sewerage Plan amendment public information meeting and regular monthly meeting on Monday, August 7, 2017 at 7:00 p.m. at the Washington County Adm inistration Building, 100 W . Washington Street, Room 2000, Hagerstown, Maryland. Commission members present were : Chairman Clint Wiley, David Kline, B. J . Goetz, Jeremiah Weddle, Andrew Bowen and Ex-Officio Commissioner Leroy Myers Staff members present were : Washington County Department of Planning & Zoning -Stephen Goodrich , Director and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Cody Shaw, Chief of Plan Review and Lisa Kelly, Senior Planner. PUBLIC INFORMATION MEETING WS-17-001 -Clarence Horst Staff Presentation Mr. Goodrich (on behalf of Ms. Baker) presented an amendment to the Washington County Water and Sewerage Plan for Clarence Horst. The property is located at 17628 and 17638 Garden View Road, which is outside the Urban Growth Area. Mr. Horst is proposing to subdivide a new lot from his farm for the purpose of constructing a single-family dwelling for a family member. As part of the subdivision process, the Washington County Health Department must approve a permit for a new well to serve the new lot. After several attempts to establish a new well , the Health Department denied the application due to contamination in the water samples and also determined that the existing well on Lot 2 is contaminated by groundwater under the direct influence of surface water contamination, also known as GWUDI. Mr. Horst contacted the City of Hagerstown to request access to an existing public water line located along Garden View Road . Water service was approved for Lot 2 because it is an existing lot of record ; however, the request was den ied for Lot 3 due to the fact that the proposed new lot is located outside the City of Hagerstown 's designated Medium Range Growth Area (MRGA) boundary, wh ich is outside of their water service area. Mr. Horst continued to work with the Health Department and the City of Hagerstown to negotiate a way to tap onto the existing water service for the new proposed Lot 3 . Due to the uniqueness of the property being adjacent to an existing water line and adjacent to the designated MRGA, and the new GWUDI "sensitive area" delineation of the Health Department caused the City of Hagerstown to re- evaluate their policies . As a result, the City recently approved a new exemption to its policies which allows the extension of water service outside of the designated MRGA for properties located within a "sensitive area" associated with GWUDI issues . Discussion and Comments: There was a brief discussion regarding other properties in the area that may also need to hook-up to the public water line . Mr. Goodrich explained that other hook-ups would have to be approved by the City of Hagerstown , which is limited to three (3) requests per year. He stated in response to Planning Commission concerns that there could be a larger number of requests for connections; however, the Health Department would have to determine if contamination was located on other wells and declare an emergency related to public health and safety concerns. There was a discussion with regard to including several additional acres within the UGA boundary and the possibility of additional lots in the future. Appl ica nt 's Presentation Mr. Clarence Horst, 17638 Garden View Road, Hagerstown, Maryland -Mr. Horst gave a brief history of the sequence of events that have led to the proposed Water and Sewerage Plan amendment. He also explained that because this property is within the Airport Overlay zone , no additional houses can be constructed on this property even if the Growth Area boundary is expanded. No public comment was received. The Chairman closed the public information meeting at 7:30 p.m. REGULAR MEETING CALL TO ORDER The Chairman called the regular meeting to order at 7 :30 p.m . MINUTES Motion and Vote: Mr. Weddle made a motion to approve the minutes of the July 10, 2017 regular meeting as presented . The motion was seconded by Mr. Kline and unanimously approved with Mr. Bowen and Mr. Myers abstaining from the vote . NEW BUSINESS PRELIMINARY CONSULT A TIO NS The Villas at Gateway (PC-17-001) 162 Mr. Shaw presented for review a preliminary consultation for The Villas at Gateway located along the north side of Rench Road. The property is currently zoned RU (Residential Urban). The applicant is proposing a 24 lot residential subdivision with semi-detached units on 5.18 acres. During the preliminary consultation, held on March 2, 2017, comments were received from the following reviewing agencies: Washington County Soil Conservation District, Washington County Department of Environmental Management -Engineering, Washington County Health Department, City of Hagerstown Utilities, Washington County Department of Plan Review -Engineering, Washington County Grid Technician, Washington County Board of Education, Maryland State Highway Administration, Washington County Sheriff's Department, and the Washington County Department of Plan Review -Land Use. Discussion and Comments: There was a brief discussion regarding Arnett Drive and a proposed signal at Poffenberger Road . Mr. Weddle made an inquiry regarding the intermittent stream referenced in the comments submitted by the Washington County Soil Conservation District. Mr. Gordon Poffenberger of Fox & Associates, the consultant, stated there is no intermittent stream referenced on the soils map for the property; the property has been farmed for several years . Mr. Weddle also made an inquiry with regard to comments received from the Sheriff's Department that the development will be located on both sides of Arnett Drive. Mr. Poffenberger stated the proposed development will only be on the south side of Arnett Drive. SITE PLANS Meritus Health North End Clinic (SP-17-010) Ms. Kelly presented for review and approval a site plan for Meritus Health North End Clinic located along the west side of Crayton Boulevard, adjacent to the Waffle House and convenience store/gas station. The property is currently zoned HI (Highway Interchange). The developer is proposing to construct a 51,700 square foot medical office building, which will include an urgent care facility, family practice and a rehab center, on a 6 acre leased parcel. There will be one access onto Crayton Boulevard. A sidewalk will be installed from the site along Crayton Boulevard that will connect with the adjacent convenience store /gas station parking lot and the Waffle House . The number of employees will be 85; hours of operation will be 7 a.m . to 10 p.m., 7 days per week. The site will be served by public water and public sewer. There will be one delivery per week . Parking spaces required will be 259; parking spaces provided will be 261 . Lighting will be pole and building mounted. A screened dumpster will provide solid waste disposal. There will be a freestanding sign (location to be determined) and building mounted signs. The freestanding sign must meet all County requirements. Forest Conservation Ordinance requirements were met in 2001 via off-site retention. Landscaping will include grassed areas and islands throughout the parking lot, plantings in the storm water management areas and around the building, and trees lining the entrance, All agency approvals have been received with the exception of the Washington County Health Department. Discussion and Comments: Mr. Goetz asked if there is an entrance from the convenience store/gas station onto this site. Ms. Kelly stated there is a secondary access point at this location . Mr. Tony Taylor of Frederick, Seibert & Associates, the consultant, stated that during the subdivision process for the convenience store/gas station, a 50 foot access easement was reserved for future development. Motion and Vote: Mr. Bowen made a motion to approve the site plan as presented pending approval from the Washington County Health Department. The motion was seconded by Mr. Kline and unanimously approved . Merkle Response Parking Area Addition (SP-17-013) Ms. Kelly presented for review and approval a site plan for Merkle Response Parking Area Addition located along the south side of Jamison Court. The property is currently zoned IG -Industrial General. The developer is proposing to construct a 98,600 square foot parking lot on a 6.29 acre parcel adjacent to the parcel containing Merkle's 125,000 square foot office building. Total parking spaces will be 286 spaces and will be used for overflow and employee parking . The lot will tie into the existing parking lot that is loca ted in front of the office building. There will be one access onto Jamison Court. Pole mounted lights will be located throughout the parking lot. Forest Conservation requirements will be met through retention of 1.74 acres of forest, planting of .09 acres of forest, and a payment-in-lieu of .02 acres of forest in the amount of $261.36 . All agency approvals have been received . Motion and Vote: Mr. Kline made a motion to approve the site plan as presented . The motion was seconded by Mr. Weddle and unanimously approved . The Arnett Farm, Lot 4 (SP-14-053) Mr. Shaw (on behalf of Mr. Lung) presented for review and approval a site plan for The Arnett Farm, Lot 4 located south of Col HK Doug las Dr ive. The developer is propos ing to construct three separate bui ldin gs , which will include a strip shopping center with a 14,513 square foot muft i-tenant retail space and 5,003 square foot restaurant, a 2,464 square foot stand-a tone restaurant with drive-thru, and a 2,400 square foot restaurant with 3,523 square feet of retail space on 6.22 acres of land . Total parking spaces required is 242 spaces ; 242 spaces will be provided. The si te is served by public water and public sewer. The hours of operation will be 24 hours per day, 7 days per week . Lighting will be provided and will meet all 163 County requirements. There will be two access points from Spark Road, which is a private road . APFO road improvements for this site were included in the Walmart traffic study and the Walmart off-site road improvement plans . Forest Conservation Ordinance requirements were approved in 2015 when this lot was created on a subdivision plat for the Arnett Farm. All agency approvals have been received. Discussion and Comment: Mr. Weddle asked if there is any update on the traffic signal at Poffenberger Road and Maryland Route 65 . A representative from Bohler Engineering, the consultant, stated that the lights will be put into operation when the other road improvements have been completed . Motion and Vote: Mr. Kline made a motion to approve the site plan as presented . The motion was seconded by Mr. Goetz and unanimously approved. Community Rescue Service (SP-17-011) Mr. Shaw presented for review and approval a site plan for Community Rescue Service located along the north side of Oliver Drive. The property is currently zoned HI (Highway Interchange). The applicant is proposing to construct an ambulance station on a vacant 1.42 acre parcel. Mr. Shaw explained that a site plan for this site was previously reviewed and approved by the Planning Commission (SP-15-017). As a condition of that approval, the Planning Commission required the proposed vegetative screening be replaced with a 10-foot vinyl fence. Mr. Shaw explained that since that time, there has been an update in the HI zoning district that buffers are not required between parcels of land that are both zoned HI. Therefore, the applicant withdrew the original site plan and has submitted a new site plan for review and approval that meets the current design requirements . The hours of operation will 24 hours per day , 7 days per week . There will be two employees per shift. The total number of parking spaces required is 1 O; 10 spaces will be provided. The site will be served by public water from the City of Hagerstown and joint service public sewer [County lines/City treatment]. Storm water quality and quantity management will be addressed via a surface sand filter. Forest Conservation Ordinance requirements were addressed via a payment-in-lieu of planting . All agency approvals have been obtained with the exception of City of Hagerstown Utilities Department (water and sewer) and Washington County Health Department. Motion and Vote: Mr. Weddle made a motion to approve the site plan as presented pending all agency approvals. The motion was seconded by Mr. Goetz and unanimously approved. -OTHER BUSINESS Sam Roye r Mr. Shaw (on behalf of Mr. Lung) presented a change/intensification of use determination request for property located along the south side of Maryland Route 550 (Military/Fort Ritchie Road). The property is currently zoned RB (Rural Business). The property owner is proposing to expand an existing mini-storage un it rental business within the existing RB zoned area, which is made up of several parcels. In 2008, a change of use site plan was approved to replace a laundry mat with 13 mini storage units within an existing 37' x 47' structure. The owner would like to expand the business onto an adjacent vacant parcel by constructing an additional 106 mini storage units in 6 new buildings . The owner will be seeking setback variances from the Board of Zoning Appeals for a reduction from the required 50 feet to 25 feet. The establishment of a new use on the vacant parcel will result in an intens ification of the existing business currently located on an adjoining parcel thereby requiring the Planning Commission to determine if a new public hearing will be required . Discussion and Comments: Mr. Weddle made an inquiry regarding the reduction in setbacks and what type of uses are on the adjacent properties . Mr. Ed Schreiber of Frederick, Seibert & Associates, the consultant, stated the adjoining properties are zoned residential. He also noted that buffers will be provided between the business and the residential propert ies. Motion: Mr. Bowen made a motion that the change/intensification of use on the vacant land warrants the need for a public hearing . Discussion and Comments: There was a discussion regarding the public hearing. Mr. Goodrich explained this would be handled similar to a rezoning request for a new Rural Business application even though the RB zone is already designated on the property . A new Rural Business application would require a preliminary site plan to be submitted with the application . The Planning Commission would then need to determine if the proposed use would be appropriate in that specific location . If the Planning Commission determines that the proposed use would be appropriate, a site plan would be required. Mr. Goetz expressed his opinion that the Commission does not have enough information about the proposal to determine if a publ ic hearing is warranted. Mr. Schreiber noted that the information Mr. Goetz is seeking would be presented during the site plan process. Mr. Bowen expressed his opinion that the owner should provide a plan showing the intensificati on the proposed use would have on th e nei ghboring properties. After reviewing that information , the Pla nnin g Commission could make its determin ati on if a public hearing would be required. Mr. Schreiber noted that the Board of Zoning Appeals will require a public hearing for the variance requests the owner is seeking. This public hearing will be advertised in the newspape r, signs will be posted on the prope rt y, a nd ne ig hboring prop erty owners will be notified . Mr. Bo wen believes this process will alert prope rty ow ne rs of the proposed use on the prope rty and allow th em to vo ice th eir concerns . Mr. Bowen withdrew his motion for a public hearing. ftpj a... Motion and Vote: Mr. Goetz made a motion that the change/intensification of use on the vacant land does not require the need for a public hearing. The motion was seconded by Mr. Kline and unanimously approved. Update of Staff Approvals Mr. Shaw reported the following for the month of July: Land Development/Permit review -12 entrance permits; 13 grading permits; 3 utility permits; Plan Review -Engineering -1 site specific grading plan; 1 standard grading plan ; 1 traffic impact study; Land Development Plan Review -4 Forest State Delineations ; 2 simplified subdivision plats ; 3 subdivision replats; 3 minor preliminary/final subdivision plats; 1 six lot subdivision (Beaver Creek Fields); 3 site plans (St. James School of Fine Arts Center, Linac Automotive, Bowman North LLC); Approvals issued: 2 minor residential subdivision plats; 2 simplified plats; 2 replats , 1 Forest Stand Delineation, 3 grading plans , 1 final residential subdivision plat for 31 lots at Westfields ; 6 site plans (Leitersburg Pike 1 LLC -mini warehouse storage facility ; Sears Auto Center Redevelopment; Med Express Urgent Care Facility on Pennsylvania Avenue; red-line revision for Mike Todd Investments; red-line revision for Sunbelt Rentals on Crayton Boulevard; and red- line revision for the former Radio Shack/Tandy Building on Tandy Drive). Water & Sewer Plan Amendment Recommendation (WS-17-001) Discussion and Comments: Mr. Weddle asked if the proposed amendment would allow more property owners in the rural area to hook-up to public service in the future . Mr. Goodrich clarified that this amendment is only for the two lots discussed this evening. He reiterated that an exception would have to be approved by the City of Hagerstown to allow hook-ups in the rural areas; only three exceptions per year are permitted under the City's current policy . Mr. Goodrich believes that the maps presented with the Staff Report showing a revision to the Urban Growth Area boundary is incorrect. The Staff Report does not indicate any change to the UGA boundary, which would require an amendment to the County's Comprehensive Plan also . This amendment is requesting a change to the Service Area Boundary . The applicant is requesting a change from W-7 (No Planned Public Water) to W-1 (Existing Public Water Service from a Restricted Service Line). Motion and Vote: Mr. Kline made a motion to recommend approval of the Water and Sewerage Plan Amendment as presented to the Board of County Commissioners . The motion was seconded by Mr . Bowen and unanimously approved -with Mr. Myers abstaining from the vote. Annual Report Mr. Goodrich (on behalf of Ms. Baker) presented the Annual Report, which is required by the State of Maryland and informs the Maryland Department of Planning of local government activity as it relates to growth, development and other land use activities. The Annual Report contains information such as the number of permits issued, the number of lots, the number of housing units approved and a narrative of land use regulation changes, such as rezonings, and infrastructure development that supports growth in the County . Mr. Goodrich stated there are 10 sections in the Annual Report and he briefly reviewed each section highlighting relevant information. Motion and Vote: Mr. Kline made a motion to approve the Annual Report as presented . The motion was seconded by Mr. Weddle and unanimously approved . Mr. Bowen left the meeting at 8:35 p.m. Proposed Text Amendment (RZ-17-007) Mr. Goodrich (on behalf of Ms. Baker) presented a proposed text amendment that will be part of the public rezoning information meeting to be held in September. The proposed amendment is relevant to agri-tourism and related uses that should be permitted on rural properties. Mr. Goodrich briefly reviewed the proposed text and a chart that he distributed summarizing the proposed changes as follows: • Delete the term "tourist home" --it is a duplication of "boarding houses" and "rooming houses " and does not have a definition • Modify definition of a "boarding house" -definition will specify there must be a resident family that operates the boarding house and resides there, provides lodging on a month-to-month basis , maximum of 4 rooms, a site plan is required. Currently in the Zoning Ordinance, "boarding houses" are not permitted in the rural zones ; proposal is to make them special exception uses in the rural zones . "Boarding houses" are special exception uses in the urban areas -no change - "boarding houses" will be added as a special exception use in the RT (Residential Transition) zone. • "Rooming houses" -will be defined the same as a "boarding house" -currently not permitted in the rural area ; proposal to make them special exception uses in the rural zones ; add as a special exception use in the RT zone . • "Bed and Breakfast" -modify the definition and specify the number of rooms allowed -5 rooms or less -;--more than five rooms the building code regulations change . Currently "Bed and Breakfasts" are special exception uses in the rural area ; however, because they are owner occupied, staff believes an accessory use is appropriate; B & B's will be expanded as special exception uses in all residential zoning classifications . • "Country Inn" -will be a new use -will be defined as more than five units but no more than 1 o units , does not need to be ow ner occup ied, site plan will be required -will be a special exception use in the rural area and w ill be a non-permitted use in the urban area 164 • "Banquet and Reception Facilities" -currently special exception use in the rural area; proposing to add design requirements; 5 acre minimum will be required; 50 foot front yard setback and 100 foot side yard setbacks; site plan will be required; add as a special exception use in the urban area Discussion and Comments: Commission members discussed the limit of 10 rooms for a "country inn". Mr. Goodrich explained that staff believes that if there are more than 10 rooms the business becomes more than a "country inn". He noted there are other issues to be considered when you go beyond the 10 unit limit, such as the effect on neighboring properties, increased traffic, water and sewer facilities, and other building code requirements. He believes that a variance could be approved by the Board of Zoning Appeals if someone wants to have additional rooms or the property owner could apply for a Rural Business zoning designation in which a "resort" is a permitted. There was a brief discussion regarding an increase in the minimum acreage to allow more than 10 rooms . Members recommended that a defined process should be established to help a property owner who wants to expand an existing "Country Inn" beyond 10 rooms . UPCOMING MEETINGS 1. Monday, September 11, 2017, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room #2000, Hagerstown, Maryland 2. Monday, September 18, 2017, 7:00 p.m., Washington County Planning Commission public rezoning meeting, Washington County Circuit Court House, Court Room #1, 24 Summit Avenue, Hagerstown, Maryland ADJOURNMENT Mr. Myers made a motion to adjourn meeting at 9:00 p.m. The motion was seconded by Mr. Goetz and so ordered by the Chairman. 165 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING September 11, 2017 The Washington County Planning Commission held a regular monthly meeting on Monday, September 11, 2017 at 7 :00 p.m . at the Washington County Administration Building ; 100 W . Washington Street, Room 2000, Hagerstown, Maryland. Commission members present were: Chairman Clint Wiley, B. J . Goetz, Jeremiah Weddle, Denny Reeder, and Ex-Officio Commissioner Leroy Myers . Staff members present were: Washington County Department of Planning & Zoning -Stephen Goodrich, Director and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Tim Lung, Director and Cody Shaw , Chief of Plan Review. CALL TO ORDER The Chairman called the meeting to order at 7 :00 p.m . MINUTES Motion and Vote: Commissioner Myers made a motion to approve the minutes of the August 7, 2017 public information meeting and regular meeting as presented . The motion was seconded by Mr. Reeder and unanimously approved. NEW BUSINESS SITE PLANS Hopewell Station (SP -17-012) I Mr. Shaw presented for review and approval a site plan for Hopewell Station located along the southwest side of Hopewell Road . The· property is currently zoned RM (Residential , Multi-family). The applicant is proposing a 60 unit apartment complex on 8.48 acres. There will be five apartment buildings and a community"·center on the site. Solid waste will be handled through multiple screened dumpsters on site . Total parking required is 138 spaces with four recreational vehicle spaces; a total of 142 spaces will be provided . Proposed impervious area for the site is 29%. The site is served by public water from the City of Hagerstown and public sewer from Washington County. Storm water management will be handled via storm water bio -retention ponds . Forest Conservation requirements will be met via on-site retention and a payment-in-lieu of planting. Approvals have been received from the following agencies : Washington County Add ressing, Washington County Board of Education and the Soil Conservation District. Revisions have been submitted to and approvals are pending from the following agencies: Washington County Engineering -Plan Review, Washington County Health Department, Forest Conservation, City of Hagerstown Water Department, Washington County Water Quality , and Washington County Land Use - Plan Review. Discussion and Comments: Mr. Bowen made an inquiry regarding the road mitigation fee . Mr. Andrew Wilk inson, Divelbiss & Wilkinson, legal counsel for the applicant, stated that a road mitigation fee has been negotiated with the County as part of the APFO requirements. In addition, school mitigation will also be required; the applicant will utilize the Alternative Mitigation Contribution. The contribution for schools will be approximately $128,000. Motion and Vote: Mr. Weddle made a motion to grant staff the authority to approve the site plan pending receipt of all agency approvals. The motion was seconded by Mr. Goetz and unanimously approved . Maryland Fiberglass (SP-17-022) Mr. Shaw presented for review and approval a site plan for Maryland Fiberglass located along the east side of Governor Lane Boulevard. The property is currently zoned Pl -Planned Industrial. The applicant is proposing to construct a 30,266 square foot addition for the manufacturing of fiberglass sheets and storage on a 15 acre parcel. Hours of operation will be 24 hours per day, 7 days per week. There will be a total of 45 employees working th ree shifts (15 employees per shift). Total parking required is 24 spaces ; 27 parking spaces will be provided. The overall site impervious area is 44.6%. The site is served by public water from the City of Hagerstown and public sewer from Washington County. Storm water will be handled via impervious area reduction and a grass swale . Forest Conservation Ordinance requirements were pre v ious ly addressed und e r t he Forest Conse rv ation Master P la n for the Industrial Parks owned by the Hage rs town Indu strial Foun da tion , Inc . The Soil Conservation District has approved the plan. Revi s ions ha ve been s ubmitted to and a pp ro val s a re pending from the following agencies: Washington County Health Department; Washington County Land Use -Plan Review; Washington County Engineering -Plan Review; City of Hagerstown Water Department; Washington County Addressing; Washington County Water Quality ; and the Soil Conservation District. Discussion and Comments: Mr. Lung noted that the plan is being presented this evening without full agency approvals because this is considered a "fast-track" project. Motion and Vote: Commission Myers made a motion to grant staff the authority to approve the site plan pending receipt of all agency approvals . The motion was secon d ed by Mr. Weddle and unanimously approved with Mr. Goetz abstaining from any discuss ions and the vote for approval. 166 -OTHER BUSINESS Sharpsburg Elementary School Mr. Lung presented for review and approval a parking determination for the proposed new Sharpsburg Elementary School. In accordance with Section 22 .12 of the Zoning Ordinance, a detailed parking analysis and study was prepared and submitted for Planning Commission ·approval because the Zoning Ordinance requires such a study for this use . Discussion and Comments: Mr. Paul Crampton of MK Consulting Engineers, LLC was present at the meeting and briefly explained the parking analysis and study. He stated that the analysis was based on a comparison of other schools recently completed , in this case, the Jonathan Hager Elementary School , which has a comparable number of staff members and student rated capacity . The Jonathan Hager school currently has 86 parking spaces; 94 spaces are proposed for the Sharpsburg Elementary School. Mr. Chad Criswell with the Washington County Board of Education stated that Sharpsburg currently has 48 parking spaces . Mr. Wiley expressed his opinion that 94 parking spaces may not be adequate because the school will have a full-size gym that can be rented to host sporting events. Mr. Criswell stated that the Maugansville Elementary School, which opened in 2009, is a larger school than the proposed Sharpsburg school which will have approximately the same number of parking spaces. He noted that during school events, parking will be permitted along the bus loading area and on the paved play area. Discussions with school staff and the principal at Sharpsburg have focused on ways to control the number of people visiting the school at one time . Commissioner Myers suggested that additional overflow parking could be accommodated along one side of the southernmost access road during large events. Mr. Goetz made an inquiry regarding the number of entrances and the flow of traffic picking up children after school. Mr. Criswell explained how this would be handled with the assistance of the school staff. Motion and Vote: Commissioner Myers made a motion to approve the parking determination for the proposed Sharpsburg Elementary School as presented . The motion was seconded by Mr. Goetz and unanimously approved. Update of Staff Approva ls Mr. Lung reported the following for the month of August: Land Development/Permit review -6 entrance permits; 1 flood plain permit; 8 grading permits; 1 non-residential ag certificate ; 1 non-residential commercial permit; 2 utility permits; Land Development Plan Review -2 preliminary subdivision plats (Villas at Gateway , Paradise Heights Section B); 2 site plans (Maryland Fiberglass, Atlantic Homes); 2 site-specific grading plans (Westfields); 3 standard grading plans ; 2 traffic impact studies (proposed restaurant site on east side of Sharpsburg Pike, commercial development in the City); Approvals issued: 2 simplified subdivision plats ; 1 residential replat, 4 Forest Stand Delineation, 3 site specific grading plans , 1 preliminary/final subd ivision plat; 5 site plans (City/County landfill gas mitigation control system, Bowman Cornfield , expansion of Bowman Truck Terminal , parking area for Merkle Response, parking lot addition for AC & Ton Virginia Avenue) and 3 red-line revisions (Ringgold Church of Christ, Yogi Bear Campground, minor landscaping revision to Sunbelt Rentals off Crayton Boulevard . UPCOMING MEETINGS 1. Monday , September 18, 2017, 6 :00 p.m., Washington County Planning Commission public rezoning meeting, Washington County Circuit Court House, Court Room #1, 24 Summit Avenue , Hagerstown, Maryland 2. Monday, September 25, 2017 , 6 :00 p.m., Washington County Planning Commission public rezoning meeting , Washington County Circuit Court House , Court Room #1, 24 Summit Avenue, Hagerstown, Maryland 3. Monday , October 2 , 2017 , 7:00 p.m ., Washington County Planning Commission regular meeting , Washington County Administration Building , 100 W . Washington Street, Room 2000 , Hagerstown, Maryland ADJOURNMENT Commissioner Myers made a motion to adjourn meeting at 7 :35 p.m. The motion was seconded by Mr. Reeder and so ordered by the Chairman. 167 WASHINGTON COUNTY PLANNING COMMISSION PUBLIC REZONING INFORMATION MEETING September 18, 2017 The Washington County Planning Commission held a public rezoning information meeting on Monday, September 18, 2017 at 6:00 p.m. at the Washington County Court House, Court Room #1, 24 Summit Avenue, Hagerstown, Maryland. Commission members present were: Chairman Clint Wiley, B. J. Goetz, Jeremiah Weddle, Denny Reeder, Drew Bowen and David Kline. Staff members present were: Washington County Department of Planning & Zoning -Stephen Goodrich, Director; Jill Baker, Chief Planner; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant. CALL TO ORDER The Chairman called the meeting to order at 6:05 p.m. RZ-17-004-Bluegrass Commercial, LLC and Michael and Kelli Scott Staff Presentation Mr. Goodrich presented a map amendment request for Bluegrass Commercial, LLC and Michael and Kelli Scott for property located at 21314 (Parcel 131) and 21338 (Parcel 174) Leitersburg Pike and 21385 (Parcel 173) Leiters Mill Road. The applicant is requesting the Rural Business floating zone over the current Rural Village zoning district. Mr. Goodrich explained that, if approved, the Rural Business zoning permissions and restrictions would apply and the Rural Village district would go dormant. At some time in the future, if the property owner desires, the Rural Business zoning could be removed through an administrative procedure and the Rural Village zoning would become active again. The Zoning Ordinance specifies specific information that should be provided and reviewed during the analysis of a rezoning application and includes the following: population analysis, availability of public facilities, emergency services, schools, public transportation, present and future transportation patterns, compatibility with current and proposed development and relationship to the Comprehensive Plan. Mr. Goodrich noted that the acreage questioned in the Staff Report has been verified as follows: Parcel 131 is 1.94 acres, Parcel 17 4 is . 92 acres and Parcel 173 is 4.29 acres for a total of 7 .15 acres. He also noted that the Preliminary Site Plan submitted with the application has been revised and a new copy dated September 8, 2017 was distributed to members just prior to the meeting. The Rural Business zone specifies that the intended use for the property be shown on the site plan as well as the estimated number of employees, hours of operation and trip generation information. The plan indicates that Parcel 17 4 will be converted to offices to be used by New Direction Utilities. Parcel 173, according to the written application, will be converted to business and professional offices; however, the site plan indicates office or retail space on this parcel. Parcel 131 contains a historic log house which is proposed to be relocated to another site. The site plan for this parcel indicates that the remaining building will be for possible office and retail use; however, the justification statement indicates a mixed use of retail, warehouse and wholesale uses. Mr. Goodrich stated that analysis of the Rural Business district and its ultimate approval is based in part on the specific use proposed and the determination that it is compatible with adjacent properties. Section 5E.4.b of the Zoning Ordinance recommends that the following criteria should be met before establishing the RB district at a particular location: 1. The proposed location is not within any designated growth area identified by the Washington County Comprehensive Plan. 2. The proposed location has safe and usable road access on a road that meets the standards under the "Policy for Determining Adequacy of Existing Roads". In addition, a traffic study may be required. 3. On site issues relating to sewage disposal, water supply and storm water management can be addressed. 4. The proposed location would not be incompatible with existing land uses, cultural or historic resources or agricultural preservation efforts. At this time, there is not sufficient information to determine if all of these criteria have been met to establish the RB district at this location. Mr. Goodrich submitted the rezoning file, in its entirety into the record. He noted that more than 150 notifications were mailed to adjacent property owners; no written comments have been received to date. App li cant's Presen tati on Mr. Jason Divelbiss of Divelbiss & Wilkinson, 13424 Pennsylvania Avenue, Hagerstown, MD, was present at the meeting and represented the applicants, Bluegrass Commercial LLC and Michael and Kelli Scott. Mr. and Mrs. Scott are the owners of Bluegrass Commercial LLC and New Direction Utilities. Mr. Divelbiss noted that New Direction Utilities has been operating at its current location, which is between the parcels that are part of this rezoning application, since 2002. He provided a brief history of the Scott's business and the acquisition of additional parcels of land that are part of this rezoning request. 168 Mr. Divelbiss addressed several of the outstanding issues as noted in the Staff Report and during Mr. Goodrich's presentation . He noted that the existing structures are intended to be re-used and support New Direction 's existing business. If the RB district is approved, the Scotts intend to enlarge or replace the existing 4,000 square foot shop building. A site plan will be required before development of the properties. Mr. Divelbiss explained that the entrances onto the site were not shown on the preliminary site plan because the State Highway Administration would make the final decision regarding the location of entrances onto the site during the site plan process . He also explained that the particular uses are labeled on a revised site plan as follows: Parcel 17 4 -an office is proposed using the existing structure; Parcel 173 -an office is proposed using the existing structure and the additional grounds would be used for expansion of the existing contractor's storage yard on adjacent 21332 Leitersburg Pike (both uses are permitted in the RB district); and Parcel 131 -the proposed uses are questionable at this time due to setback issues and there is no separate water source. All three parcels have their own septic systems; Parcels 174 and 173 have their own water sources (wells); Parcel 131 uses a cistern for its water source . If a well cannot be obtained on Parcel 131, it is unlikely that an office would be located on this parcel. A revised drawing showing the updated well and septic locations (Applicant's Exhibit #1) was presented to Commission members . To address other data required for this application, Mr. Divelbiss presented the following information : 1. Number of employees: Parcel 17 4 -3 to 4 employees; Parcel 173 -3 to 4 employees; Parcel 131 -2 to 3 employees ; Existing shop -3 to 5 employees 2. Hours of operation : Weekdays, 7:00 a.m . to 3:00 p.m., may vary depending on business cycle or season ; there will not be a 24/7 operation 3. Antietam Creek will provide ways for the applicant to meet the quantity and quality components required for storm water management regulations . Mr. Divelbiss noted that Leitersburg Pike is classified as an Arterial roadway. The latest traffic volume information shown on the Maryland State Highway Administration website from 2015, shows the Annual Average Daily Traffic count is 10 ,000 trips per day . (Applicant's Exhibit #2) The applicant contends that the RB zoning district is appropriate for this area, that it meets the purpose of the RB zoning district to support the existing business, and given the character of the Leitersburg Pike corridor with the Liberty Station and the shop property, the proposed uses would be compatible. Discussion and Comments: Mr. Wiley asked for clarification of the retail uses proposed. Mr. Fred Frederick of Frederick, Seibert & Associates, 128 South Potomac Street, Hagerstown , MD was present at the meeting and offered the following explanation . During previous conversations , the Scotts were considering the retail sale of mulch, gravel, stone, etc.; however, they have changed their minds and do not wish to pursue retail sales at this time . Mr. Weddle expressed his concern that investors will begin looking outside the Urban Growth Area to purchase several small tracts of land, apply the Rural Business zoning, and establish many small, niche businesses in the rural area, which is not the intent of the Rural Business zoning . Mr . Divelbiss noted that the proposed uses of this request create a low demand on infrastructure and a level of intensity that is compatible with its location unlike many businesses that would need public water, public sewer, create more traffic, etc. Mr. Weddle made an inquiry with regard to how the uses will be tracked in the future (i.e . number of employees, hours of operation, etc.). Mr. Divelbiss stated that the approved use or the intensity of the use cannot be changed without the approval of the Planning Commission or the Board of County Commissioners. Also, a site plan will be required with parameters set on the site plan that will be enforceable by the Zoning Code Officials . · Mr . Kline asked if there are currently traffic related issues for the contractor when entering and exiting the property. Mr. Michael Scott, 21616 Kelso Drive, Hagerstown, MD, owner of the property and co-applicant of this request, stated they do not currently have issues leaving the property . Several of the entrances/exits on the site have been closed off. Mr. Scott has been working with SHA to clear some of the trees on the property to address sight distance issues. Mr. Kline expressed his opinion that this is the type of area suitable for a utility storage yard due to the hauling of large pieces of equipment and its effects on traffic . Mr. Frederick briefly discussed the number of entrances onto Leitersburg Pike; he anticipates that this number will be reduced by the State Highway Administration during the site plan process. He expressed his opinion that rezoning these properties to RB would keep this business in its current location and thereby leave land within the UGA available for larger, more intense uses. Public Comment • Herman Niedzielski, 21512 Leitersburg/Smithsburg Road, Hagerstown -Mr. Niedzielski stated he does not have an objec tio n to the rezoning request; however, he is concerned with runoff into the Antietam Creek from the site . He expressed his concern with regard to the volume of in creased traffic in the area and safety issues . As a member of the Leitersburg Fire Company, he has seen numerous accidents in this area and believes consideration needs to be given to safety. Mr. Niedz ielski has contacted the SHA regarding several concerns and has received a reply (a copy of which he submitted for the record). • Robert Vale, Jr., Leitersburg/Smithsburg Road, Hagerstown -Mr. Vale expressed his concern wit~ regard to the appearance of the historic village of Leitersburg due to the lack of ownership , maintenance and care . He also expressed his concern with regard to traffic and sa fety. Mr . Vale expressed his opinion that publ ic water and sewer is needed in Leitersburg . He recommended 169 that, if approved, the Commission ensures that the visual appearance will not have a negative impact on the historic village. Applicant's Rebuttal Mr. Divelbiss stated that measures will be put in place to protect the Antietam Creek from runoff. He stated that all concerns with regard to traffic issues have been noted and believes these issues will be addressed during the site plan process. Discussion and Comments Mr. Weddle asked what measures will be taken to protect the appearance of the neighborhood and the current residents in the Rural Village. Mr. Divelbiss believes there will be a request for significant buffering of the perimeter of this property. He noted that SHA recently trimmed and cleared trees within its right-of- way that served as a buffer. Mr. Goetz noted that the village of Leitersburg sits higher than the subject site and he recommends that consideration be given to this fact when determining adequate buffering. RZ-17-006-17119 Virginia Avenue LLC Staff Presentation Mr. Allen presented a map amendment request for 17119 Virginia Avenue, LLC for property located at 17109 Virginia Avenue . The applicant is requesting a change in zoning from RS (Residential Suburban) to BG (Business General) on a 0.528 acre parcel. This request is considered a piecemeal rezoning and as such, the Planning Commission must consider the following criteria as listed in Article 27.3 of the Washington County Zoning Ordinance: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development, relationship to the Comprehensive Plan and evidence of "change in the character of the neighborhood" or "mistake in the original zoning" of the property. Mr. Allen gave a brief overview of the criteria outlined above . He noted that this property is located in the Halfway Election District which has grown more slowly than the County as a whole between 1980 and 2010. The site is served by existing public water (City of Hagerstown) and public sewer (Washington County -Conococheague WWTP). Fire and emergency services are provided by the Volunteer Fire Company of Halfway, which is located approximately 1 mile from the site . If the BG zoning district is approved, the site will be used for commercial development; therefore, there will be no impact on the school system and no APFO mitigation will be required. Mr. Allen noted that during the past 30 years, the overall trend of traffic volumes in this area have decreased. No new major roadway projects are proposed in the immediate vicinity. Public transit service is provided by the Washington County Commuter (Route 441 ). Current access to the site is a driveway spur off of the access road that serves the Valley Car Wash that is located next door and to the east of this site . There is an existing right hand turn lane that runs for approximately 500 feet both before and after the site. There is no middle turn lane allowing cars to turn left. Comments were received from the Department of Plan Review & Permitting suggesting that a traffic study might be required as a part of the site plan process and that the State Highway Administration will determine access and entrance requirements. Mr. Allen briefly reviewed existing development in close proximity to the subject site. There is a mixture of commercial and residential uses in the immediate vicinity. The site has existing forest on the western and southern edges of the property; none of which is under easement. There is a large storm water management facility in front of the car wash . A residential structure is currently located on the subject site, which is or will soon be vacant. There is one existing historic site within½ mile of the subject property. Mr. Allen stated that this property is located within the commercial land use policy area as shown on the County's 2002 adopted Comprehensive Plan's Land Use Map. He noted that Virginia Avenue is one of the major policy areas targeted for commercial development in the Land Use Plan. Mr. Allen explained the "Change or Mistake Rule" which applies to a piecemeal rezoning; the burden of proof lies with the applicant. He discussed the criteria to be considered to prove a "change" in the character of the neighborhood as follows: define the boundaries of the neighborhood; demonstrate that substantial changes have occurred since the last Comprehensive Zoning Plan; and, show that those changes resulted in the altered character of the neighborhood. Evidence to prove a "mistake" in the original zoning is as follows: the local legislative body failed to take into account projects or trends probable of fruition; the legislative body made decisions based on erroneous information; the legislative body used facts that were later proven to be incorrect; the legislative body could not have foreseen events that have occurred; or the legislative body ignored facts in evidence at the time of the zoning application. The applicant is ~laiming a "mistake" in the current zoning of the property and contends that the local legislative body failed to consider the following : the parcel was designated as Commercial in the 2002 adopted Washington County Comprehensive Plan; the property is surrounded by other BL (Business Local) and BG (Business General) zoning ; and the property has frontage along the heavily travelled Virginia Avenue . 170 Mr. Allen noted that during the 2012 Comprehensive Rezoning of the Urban Growth Area, the input of property owners, local officials, staff and the general public was considered in the assignment of a zoning designation for each parcel affected by the comprehensive rezoning . Property owners were notified of the rezoning process and given an opportunity to appeal the proposed rezoning of their property. Mr. Allen addressed the applicant's justification statements supporting the rezoning of the subject parcel. He stated that the commercial character of the area surrounding this site has been established for many years . He also noted that the property has approximately 135 feet of road frontage on Virginia Avenue. The applicant also suggested within the narrative of the Justification Statement there has been a substantial change in the character of the neighborhood since the adoption of the Zoning Ordinance and since the zoning of the property to RS. This is evidenced by the increase of commercial uses and development along the Virginia Avenue corridor from 1-81 to Massey Boulevard. In summary, staff does not believe there has been a significant change in the character of the neighborhood. However, there appears to be evidence that a mistake may have been made in the current zoning based on the Comprehensive Plan's Land Use designation, the zoning of surrounding properties, and the fact that this property has frontage on Virginia Avenue. The recent change in ownership of the property and current commercial character of the area along the south side of Virginia Avenue also provides evidence that this property would be better suited for a commercial use than it might have been in 2012 . Applicant's Presentation Andrew Wilkinson of Divelbiss & Wilkinson, 13424 Pennsylvania Avenue, Suite 302, Hagerstown, MD was present at the meeting to represent the applicant. Mr. Wilkinson clarified that the applicant is not claiming a change in the character of the neighborhood as part of the request to rezone the property. The applicant is claiming there was a mistake in the zoning of this property during the 2012 comprehensive rezoning of the Urban Growth Area . Mr. Wilkinson distributed a zoning map (Applicant's Exhibit #1) showing the zoning of several properties in this area, which are predominantly zoned for commercial uses . There is currently a two story brick dwelling on the property owned by Mr. and Mrs . Todd Snook. The Snooks also own the car wash located on the adjoining property to the east. Mr. Wilkinson also provided photographs of the immediate area (Applicant's Exhibits 2 and 3). He noted there is a Dollar General store, Carmine's Restaurant, a commercial plaza to the east, to the west there is a parcel owned by an advertising company who uses it for billboards, a dwelling used by a construction company and two auto repair facilities. Mr. Wilkinson also noted the property has 135 feet of road frontage onto Virginia Avenue. He reiterated that the Land Use Plan designates this area as a commercial area and that for these reasons the County erred in the application of the RS district rather than BL. Public Comment • Teresa Kesecker, 17108 Virginia Avenue, Williamsport, MD, (representing Donna and Richard Souders) -Ms. Kesecker expressed her opinion that a mistake was not made in the zoning of this property because it has been a residence since 1932. She stated that the house is not currently vacant. Ms. Kesecker briefly described the area and its history of uses, which is a mix of residential and commercial uses. She stated that the addition of the car wash has impacted the area with noise and traffic accidents. She expressed her opinion that there is not enough area on the shoulder for people to pass. She believes another business would add to the on- going traffic congestion and other related traffic issues. Applicant's Rebuttal Mr. Wilkinson stated that the existing house will be vacated by the end of September. He explained that traffic issues will be addressed during the site plan process . Mr. Wilkinson reiterated that Virginia Avenue was designated as a commercial area by the County's adopted Comprehensive Plan's Land Use Map and he believes that a mistake was made during the 2012 comprehensive rezoning of the UGA. Discussion and Comments There was a brief discussion regarding the properties located along the south side of Virginia Avenue, which are curren tl y residences. However, th ese properties are currently zoned BL (Business Local). Mr. Weddle questioned why this one pro perty continued to be zoned for a residential use when all surrounding properties were zoned for commercial uses . Mr. Goodrich believes that the RS zoning was maintained on this property in 2012 because the property was still being actively used as a residence. He explained that zoning does not always follow the recommendations set forth in the Comprehensive Plan's Land Use Plan. He stated that staff would research this issue further. RZ-17-009-A & W Plus, Inc. Staff Presentati'on Mr. Goodrich presented a map amendment request for A & W Plus, Inc. for property located at 12408 Learning Lane (the former Conococheague Elementary School). The school was recently closed and the Washington County Public Schools and the Board of County Commissioners determined it would no 171 longer be useful for County purposes. The property was advertised for bids and A & W Plus, Inc. was the successful bidder. The applicant (contract purchaser of the property) is requesting the Rural Business floating zone over the current Rural Village zoning district. The parcel is 11. 7 4 acres in size and has frontage on a dead-end County road. The applicant is proposing to rehabilitate and re-use the existing former school building as an assisted living facility . Also being proposed for construction is a new adult day care facility and medical offices. The proposed uses are all permitted in .the RB zoning district, but not permitted in the RV (Rural Village) zoning district. Mr. Goodrich reminded Commission members that the Zoning Ordinance specifies specific information that should be provided and reviewed during the analysis of a rezoning application and includes the following : population analysis, availability of public facilities, emergency services, schools, public transportation, present and future transportation patterns, compatibility with current and proposed development and relationship to the Comprehensive Plan . He also reminded members that, if approved, the Rural Business zoning permissions and restrictions would apply and the Rural Village district would go dormant. At some time in the future, if the property owner desires, the Rural Business zoning could be removed through an administrative procedure and the Rural Village zoning would become active again. Mr. Goodrich stated that the subject parcel has frontage on National Pike; however, the plans do not indicate that there will be access onto National Pike. Mr. Goodrich stated that there are aspects of the re-development that are unknown at this time, such as traffic related issues . These issues will be addressed during the site plan process if the RB zoning district is approved and applied to this property . The property is served by a private well and septic system; however, it is not known if they will be adequate for the proposed uses . No public water or sewer services are available at this location . Section 5E.4.b of the Zoning Ordinance recommends that the following criteria should be met before establishing the RB district at a particular location: 1. The proposed location is not within any designated growth area identified by the Washington County Comprehensive Plan. 2. The proposed location has safe and usable road access on a road that meets the standards under the "Policy for Determining Adequacy of Existing Roads ". In addition, a traffic impact study may be required . 3. On site issues relating to sewage disposal, water supply and storm water management can be addressed. 4. The proposed location would not be incompatible with existing land uses, cultural or historic resources or agricultural preservation efforts. At this time, there is not sufficient information to determine if all of these criteria have been met to establish the RB district at this location. When the Planning Commission makes its recommendation to the Board of County Commissioners, it should determine if the application meets the following criteria from Section 5E.6 .c of the Zoning Ordinance: 1. The proposed district will accomplish the purpose of the RB district 2. The proposed site development meets criteria identified in Section 5E.4 of the RB Article. 3. Roads providing access are appropriate for serving the business traffic generated by the proposed RB land use 4. Adequate sight distance along roads can be provided at proposed points of access to the site. 5. The proposed landscape areas can provide adequate buffering of the proposed uses from existing land uses in the area . 6 . The proposed use is not of a scale, intensity or character that would be incompatible with adjacent land uses or structures . Mr. Goodrich submitted the rezoning file, in its entirety into the record. He noted that more than 150 notifications were mailed to adjacent property owners; no written comments have been received to date. Discussion and Comments: Mr. Kline expressed his opinion that rehabilitation and re-use of the property is a good idea. Appl icant's Presentation Mr. Javed Aizaz, 6120 Baltimore National Pike, Catonsville, MD, representing the contract purchaser of the property, stated it is the intent of A & W Plus, Inc. to convert the existing building into an assisted living facility, working very closely with the County . The number of units (50 to 75 are proposed) will be based on the capacity of the existing water and sewer facilities. After the assisted living facility is operational, an adult day care center is proposed for the residents. In the future, medical facilities may be constructed on the site for geriatric care. Public Comment • Karen Frisby , 12425 Learning Lane, Hagerstown -Ms. Frisby does not have any objection to the proposed uses; however, she does not want public water and sewer. She expressed concern with regard to traffic related issues on Route 40. 172 • Randy Dick, 21912 Beaverbrook Drive, Smithsburg, on behalf of Marcella Clinger owner of the Deer Lodge Mobile Home Park -Ms. Clinger recently installed an expensive septic system for the mobile home park and wishes to express her concern and desire that runoff from any development on this site not negatively affect that new septic system. • Susan Small, Real Property Administrator for the Washington County Engineering Department - Ms . Small explained that three schools were given to the Board-of County Commissioners in 2015 . She has been working very closely with the applicant ( contract purchaser) and expressed her opinion that re-using the property will benefit Washington County. The proposed use will also need to be approved by the Board of Public Works; an application has been submitted. ADJOURNMENT Chairman Wiley adjourned the meeting at 8:10 p.m. UPCOMING MEETING 1. Monday, September 25, 2017, 6:00 p.m ., Washington County Planning Commission Public Rezoning Meeting, Washington County Court House, Court Room #1, 24 Summit Avenue, Hagerstown, Maryland 2. Monday, October 2, 2017, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland 173 WASHINGTON COUNTY PLANNING COMMISSION PUBLIC REZONING INFORMATION MEETING September 25, 2017 The Washington County Planning Commission held a public rezoning information meeting on Monday, September 25, 2017 at 6:00 p.m . at the Washington County Court House, Court Room #1, 24 Summit Avenue, Hagerstown, Maryland . Commission members present were: Chairman Clint Wiley, Jeremiah Weddle, Denny Reeder, and David Kline. Staff members present were: Washington County Department of Planning & Zoning -Stephen Goodrich, Director; Jill Baker, Chief Planner; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant. CALL TO ORDER The Chairman called the meeting to order at 6 :05 p.m . RZ-17-003 -Downsville Pike Land. LLC Staff Presentation Mr. Allen presented a map amendment request for Downsville Pike Land, LLC for property located at 10662 (Parcel 408; 0 .50 acres) and 10656 (Parcel 210; 1.10 acres) Downsville Pike. The applicant is requesting a change in zoning from RS (Residential Suburban) to HI (Highway Interchange) on 1.6 acres of land . This request is considered a piecemeal rezoning and as such, the Planning Commission must consider the following criteria as listed in Article 27.3 of the Washington County Zoning Ordinance: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development, relationship to the Comprehensive Plan and evidence of "change in the character of the neighborhood " or "mistake in the original zoning " of the property. Mr. Allen gave a brief overview of the criteria outlined above. He noted that this property is located in the Halfway Election District which has grown more slowly than the County as a whole between 1980 and 2010. The site is served by existing public water (City of Hagerstown) and public sewer (Washington County -Conococheague WWTPJ. Fire and emergency services are provided by the Volunteer Fire Company of Halfway, which is located approximately 1 mile from the site. If the HI zoning district is approved, the site will be used for commercial development; therefore, there will be no impact on the school system and no APFO mitigation will be required. Mr. Allen noted that during the past 30 years, the overall trend of traffic volumes in this area have declined slightly with the trend holding steady at approximately 12,000 daily trips during the past several years . No new major roadway projects are proposed in the immediate vicinity per data found in the County's CIP and the State Highway Administration's Consolidated Transportation Plan . However, due to the construction of the Sheetz across the road, several intersection improvements are planned and will be funded by the developer of the Sheetz store . Those intersection improvements include the following: traffic signal and crosswalks at Maryland 632Nenture Drive; Venture Drive will be restriped to 3 lanes; and traffic signals will be synchronized at MD 632/Halfway Boulevard, MD 632/Oak Ridge Drive and MD 632Nenture Drive. " Currently, parcels 408 and 210 each have their own access via driveways along Downsville Pike. Downsville Pike has a median running north and south from the Halfway Boulevard intersection. Halfway Boulevard has dual left turn lanes for eastbound traffic and Marty Snook Park abuts the western boundary of the property. Comments received from Engineering Plan Review included the following: a new access location· onto Halfway Boulevard may be required; a traffic study to determine the impact on MD 632/Halfway Boulevard intersection may be required; and because Halfway Boulevard is a minor arterial, a minimum of 500 feet for spacing between access locations will be required. Mr. Allen explained that Marty Snook Park is immediately adjacent to the subject sites, there is a large area of residential development to the north and west of the subject sites, the Park & Ride is immediately south of the property and just beyond the Park & Ride is the 1-70 on-ramp. Parcel 210 sits atop a small hill and slopes toward Marty Snook Park with a small intermittent stream along the baseball field. There are currently residential structures on both parcels . Mr. Allen stated there are six historic inventory sites within ½ mile of the subject parcels. One of these historic structures, the Anita Rice house, sits on Parcel 408, one of the two parcels proposed for rezoning. The structure is a circa 1900-1910, two-story vernacular house. Mr. Allen briefly reviewed the definition of the Highway Interchange district as stated in the Zoning Ordinance and noted that the proposed HI zoning district is intended to serve a regional population . He also noted that the subject parcels were designated in the County's adopted 2002 Comprehensive Plan for low density residential uses. Mr. Allen explained the "Change or Mistake Rule " which applies to a piecemeal rezoning; the burden of proof lies with the applicant. He discussed the criteria to be considered to prove a "change" in the character of the neighborhood as follows: define the boundaries of the neighborhood; demonstrate that substantial changes have occurred since the last Comprehensive Zoning; and, show that those changes resulted in the altered character of the neighborhood. Evidence to prove a "mistake" in the original zon ing 174 is as follows: the local legislative body failed to take into account projects or trends probable of fruition; the legislative body made decisions based on erroneous information; the legislative body used facts that were later proven to be incorrect; the legislative body could not have foreseen events that have occurred ; or the legislative body ignored facts in evidence at the time of the zoning application. In 2012, a comprehensive rezoning of the Urban Growth Area was adopted by the Board of County Commissioners . During the comprehensive rezoning process, input of property owners, local officials, staff and the general public was solicited and considered in the zoning assignment of each parcel affected by the Comprehensive Rezoning. Property owners were notified of the rezoning process and given an opportunity to participate and affect the Board's decision . The Planning Commission as well as the County Commissioners utilized population projections, growth trends, transportation and infrastructure data, public input and the comprehensive plan in its analysis and decision. The applicant is claiming a mistake in the current zoning of the property based on the following: the local legislative body failed to consider the separation of parcels 210 and 408 from adjacent residential areas to the north and west by Halfway Boulevard and Marty Snook Park; the proximity of other commercial development to the east; the proximity of the 1-70 interchange (both for its development potential and traffic impacts on continued residential uses), and rezoning of similarly situated interchange parcels . Staff believes that the local legislative body judged the parcels to be more closely associated with adjacent residential uses than commercial uses in the area based on the following: the extensive history of residential use; the designation of low density residential use cited in the Comprehensive Plan; traffic patterns and access to these parcels; and, the potential for conflicts with Park users if the access to these parcels is shared with the Marty Snook Park. The applicant is also claiming a change in the character of the neighborhood and provided the following evidence to support their claim: an increase in the average daily traffic at the intersection of Halfway Boulevard and Downsville Pike from 2012 to 2015; the approval of the new Sheetz store across Downsville Pike from the site; and the rezoning of several adjacent parcels as part of the 2012 UGA rezon ing to more intensive uses. Staff reiterated that the volume of traffic has decreased over the long term and has remained steady throughout the short term. Mr. Allen noted that the Sheetz site has been zoned for a commercial use for many years and was not a result of the comprehensive rezoning of the UGA in 2012. It was also noted that the comprehensive rezoning of the UGA cannot be used as evidence of a change in the character of the neighborhood in and of itself, but rather it must be linked to changes that occurred prior to or after the· comprehensive rezoning. Staff believes that the applicant has provided insufficient evidence of either change or mistake since the 2012 UGA rezoning. Applicant's Presentation Bruce Dean of Linowes and Blocher, 131 West Patrick Street, Frederick, Maryland, legal counsel, Gordon Poffenberger of Fox & Associates, Inc., 981 Mt. Aetna Road, Hagerstown, Maryland, engineer, and Christopher Smith of Downsville Pike Land, LLC, 10306 Remington Drive , Hagerstown, Maryland, applicant, were all present at the meeting. Mr. Dean and Mr. Poffenberger began a question and answer exchange . Follow ing is a summary of that exchange . Mr. Poffenberger noted that the dwellings on the subject parcels have been abandoned since 2013 , which was the last ti me the properties we re used for residential purposes and are in severe disrepair. He described the surrounding area citing both commercial uses (to the south) and residential uses (to the west) of the site . He believes these parcels are no longer suitable for residential uses based on proximity of the 1-70 off-ramp to the site and traffic issues currently on Halfway Boulevard and Downsville Pike. It is his opinion that the property should have been rezoned to a commercial designation when the property across the road (site of the new Sheetz) was zoned HI. Mr. Poffenberger expressed his opinion that changing the zoning on these parcels to a commercial use would not have a negative impact on the neighborhood. Based on limited access to the property and the size and irregular shape of the property, the uses permitted on the site will be limited . It was noted that only a few properties currently have direct access onto Downsville Pike or Halfway Bou levard. Mr. Dean stated that when the interchange at Downsville Pike (MD 632) was constructed, the subject parcels con veyed a "significant" portion of land to SHA, which in his opinion severely limits the uses on these propert ies . Mr. Poffenberger expressed his op inio n that rezoning the properties to HI will lend compatibility to existing uses and proposed uses in the area. He noted th ere is a 140 acre parcel south of 1-70 that is currently being marketed for a shopping center site . Mr. Dean and Mr. Smith engaged in a question and answe r exchange; following is a summary of that exchange. Mr. Smith stated that he is a 50% owner of the Downsville Pike Land, LLC. He expressed his opinion that this property has been under-utilized for many years and would be a suitable location for a commercial use. When asked what type of use he foresees at this location, he responded with an eatery (i.e . lee cream shop, donut shop) or an urgent care facility . The intent is to integrate the use with the Marty Snook P.ark and make it a viable asset to the community. Mr. Smith does not believe the residences on the properties can be rehabilitated without considerable time and expense. He noted that the properties have been cited by the County as having public safety issues and declared as unsafe and uninhab itable. 175 Mr. Smith presented a concept plan for development of the property. He noted that a shared access with Marty Snook Park would not be required; a right-in/right-out onto Halfway Boulevard is being discussed. There could also be an access point from Downsville Pike. Mr. Smith expressed his opinion that traffic from Interstate 70 has a significant impact on traffic volumes at the i_nterchange . He believes there has been a change in the neighborhood due to the death of Mrs. Rice and her family's sale of these properties. Mr. Dean reiterated that existing transportation patterns in this area with the I-70 off-ramp and the Park & Ride in close proximity to these properties have a negative impact on these properties for residential usage. Therefore , he believes that a mistake was made in the zoning of these properties during the 2012 comprehensive rezoning of the UGA. Mr. Dean explained that the addition of the Sheetz store, the on- going traffic on 1-70, and the construction of the interchange in the late 1990s has made a significant change in the character of the neighborhood. Public Comment • Lorna Bock, 10811 Brentwood Terrace, Hagerstown, Maryland -Ms . Bock stated she is opposed to the rezoning of these properties due to traffic concerns and the safety of the residents in this area. She believes that traffic and speed on Halfway Boulevard has gradually increased over the years thus making safety a major concern . Ms . Bock cited several points from the Applicant's Justification Statement to support her opposition to the request. Written comments were submitted by Ms . Bock. Applicant's Rebuttal Mr. Smith expressed his opinion that blighted properties, such as the subject parcels, have a negative impact on surrounding properties. RZ-17-005 -BSM Big Pool, LLC Staff Presentation Ms. Baker presented a map amendment request for BSM Big Pool, LLC for property located at 11412 Tedrick Drive and 11079 Big Po.ol Road. The applicant is requesting the Rural Business floating zone over the current Rural Village zoning district on a portion of the property along Tedrick Drive. The parcel is 9.73 acres in size; however, the applicant is requesting the floating zone on only 2.24 acres of land which is currently unimproved. The application for a floating zone requires that the applicant show that the property meets the intent of the floating zone and meets the specified requirements within the Zoning Ordinance. Following is a list of criteria that should be met before establishing the RB district at a particular location in accordance with Section SE.4.b of the Zoning Ordinance. Ms. Baker briefly discussed the criteria and gave an explanation of how the requirement can or will be met by the applicant. 1. The proposed location is not within any designated growth area identified by the Washington County Comprehensive Plan. o This property is not located within any designated growth area established in the Comprehensive Plan. 2. The proposed location must have safe and usable road access on a road that meets the standards under the "Policy for Determining Adequacy of Existing Roads". In addition, a traffic impact study may be required. o The area requested for the RB zoning is technically landlocked behind Parcel 34 . It is the applicant's intent to join the subject parcel with Parcel 34 and use the existing entrance onto MD 56 {Big Pool Road), which is a State owned and maintained road. SHA will dictate any improvements that may be needed in order to accommodate entrance onto the site. 3. On site issues relating to sewage disposal, water supply and storm water management can be addressed. o A site plan was submitted with the application that shows existing water and sewer facilities that serve the existing development. It also shows additional areas planned for sewerage service as well as storm water management. 4. The proposed location would not be incompatible with existing land uses, cultural or historic resources or agricultural preservation efforts. o The proposed RB zone would be an extension of an existing rural business already in the area . The uses on the site will remain the same but allow for a slight expansion of the services provided. The subject site is located within the Rural Village of Big Pool; and, therefore would be expected to have moderately higher levels of development than more rural areas of the County. There are no historic sites, as designated by the Maryland Historic Survey, nor any land preservation easements in close proximity to the site. Ms. Baker explained that the site plan submitted with the application indicates that the proposed RB area would be used to improve traffic flow and to accommodate truck traffic already on the site . The site plan also indicates proposed changes to the existing RB use on the adjacent parcel , which would be handled through the regular site plan process if the applicant proceeds with these plans in the future . 176 In accordance with Section 5E.6 of the Zoning Ordinance, the Planning Commission should consider the following criteria when making its recommendation to the Board of County Commissioners for the creation of a new RB zoning district. 1. The proposed district will accomplish the purpose of the RB District which is " .... to permit the continuation and development of businesses that support the agricultural industry and farming community, serve the needs of the rural residential population, provide for recreational and tourism opportunities, and to establish locations for businesses and facilities not otherwise permitted in the rural areas of the County .... " • The applicant is proposing to expand the existing use onto an adjacent parcel and to demolish the existing convenience store and relocate the store closer to the interstate as well as increase its size. 2. The proposed site development meets the criteria identified in Section 5E.4 of the Zoning Ordinance . • These criteria were previously discussed and have been adequately met. 3. The road providing access to the site is appropriate for the proposed land use . • Access to the site is via MD 56 over Parcel 34 (current RB use). The portion of MD 56 between the 1-70 westbound ramp and Ernstville Road is currently a two- lane road with wide shoulders . The property is located immediately adjacent to the 1-70 eastbound off-ramp. The proposed use, in conjunction with existing uses, would serve the needs of travelers on 1-70; therefore, it is reasonable to assume that the majority of traffic to and from the site would be from the interstate. As stated before, SHA owns and maintains MD 56 and may require a traffic study prior to any new development on the existing or proposed sites. 4 . Adequate sight distance along roads can be provided at proposed point of access to the site . • The site is currently landlocked; however, it is proposed that the site will use the existing access onto MD 56 via Parcel 34. 5. The proposed landscaped areas can provide adequate buffering of the proposed land use from the existing land uses in the area. • The applicant is proposing a landscaping buffer along the entire length of the southwest boundary to help shield movement of traffic from the neighboring residential properties. This vegetative buffer should also help shield the neighboring properties from light spillover. 6. The proposed land use is not of a scale, intensity or character that would be incompatible with adjacent land uses or structures . • As previously noted, the area proposed for rezoning is currently vacant and unimproved. The proposed expansion of the existing use will provide a better flow of internal traffic and expand the area related to commercial truck traffic. A new, slightly larger diesel canopy is also proposed. Applicant's Presentation Mr. Zachary Kieffer of Divelbiss & Wilkinson, 13424 Pennsylvania Avenue, Suite 302, Hagerstown, Maryland, legal counsel for the applicant, was present at the meeting . He presented a brief background of the property noting that the Exxon Corporation used it as a fueling/service station beginning in the 1960s. In 1998, the 5.15 acre property was purchased by the Fulton family (the entity known as BSM Big Pool, LLC). The service bays were converted into a convenience store, the canopy was extended to accommodate diesel fuel pumps, and the rear portion of the property was,. graded and paved for the installation of new diesel fuel pumps . In April 2017, BSM Big Pool LLC, contracted to purchase the property at 11412 Tedrick Drive currently owned by Eddie and Rhonda Mummert. This property is currently improved with a residential structure and various outbuildings. Mr. Kieffer believes that the proposed use would be compatible with the surrounding area based on the following reference from Section 5E.4(a) of the County's Zoning Ordinance, "Businesses in the rural area existing at the time of the adoption of these regulations [September 1, 2015) ..... Businesses with this designation need not take any action to continue operation. Such existing uses are viewed as compatible with the character of the rural area and their continued operation is deemed consistent with the policies of the Comprehensive Plan." The Mummert property is currently zoned EC on the northwest portion and RV on the portion that fronts Tedrick Drive . The applicant is requesting the RB overlay on 2.24 acres of the Mummert property that will ultimately be combined with the existing 2.35 acres of RB overlay on the AC&T property. This will create an RB overlay consisting of 4.59 acres, which constitutes 30% of the combined total area of the two properties. Mr. Kieffer distributed cop ies of the mo st recent preliminary site plan (Applicant's Exhibit #1) to Commission members. He noted that this plan shows the storm water management area in a different location from the previous plan . Mr. Kieffe r stated that the existing 2,500 square foot convenience store will be replaced with a mixed use building containing a 4,256 squa re foot AC& T and a 2,311 square foot restaurant. He distributed a copy of the proposed floor plan (Applican t's Exhibit #2). Both the convenience store and restaurant are permitted uses in the RB zoning dist rict. The applicant is also proposing to expand the number of auto gasoline and diesel fueling positions from 4 to 8 and the truck diese l fueling positions from 2 lo 4. Fuel deliveries will be increased from 2 to 4 deliveries per day to 3 to 5 deliveries per day . Hours of operation will be 24 hours per day, 7 days per week. The numbe r of emp loye es will increase from 15 to 20 employees to a total of 40 to 45 employees, thus bringing additional jobs to the area. 177 Mr. Kieffer explained that despite the expansion of the convenience store and the number of fueling positions, the proposed improvements do not constitute a truck stop . He noted that the Zoning Ordinance's definition of a truck stop is as follows, " ..... a structure or land used or intended to be used primarily for the sale of fuel for trucks and usually long term truck parking, incidental service or repair of trucks, overnight accommodations, or restaurant facilities open to serve the general public or a group of facilities consisting of such a use and intended eating, repair, sleeping or truck parking facilities ." Mr. Kieffer stated that the applicant's primary use is not the sale of fuel for trucks, there is no long term parking, no incidental truck service or repair, no truck wash, no overnight accommodations, and no showers; therefore, the proposed AC& T does not meet the definition of a truck stop. Mr. Kieffer expressed his opinion that no variances will be needed from the bulk regulations outlined in Article 5.E of the Zoning Ordinance . All mounted and free standing lights will use LED bulbs and will be directed to avoid glare onto neighboring properties . The applicant believes the existing well and septic system will accommodate the redevelopment and the uses contained therein. The site has adequate parking as shown on the revised preliminary site plan. Storm water management facilities will be located in the northeastern portion of the property between the AC&T and 1-70. Mr. Kieffer believes the request complies with the purpose of the RB district and permits the continuation and development of an existing business not otherwise permitted in the rural areas of the County. This gas station and convenience store will continue to be the sole gas station in the area . The convenience store and restaurant are both permitted uses in the RB zoning district. It is Mr. Kieffer's opinion that the proposed RB district is not incompatible with existing land uses in the area because it would be adjacent to and an expansion of the existing RB district on the AC&T property , the current convenience store and gas station have been in existence for a long period of time, and the property is adjacent to 1-70 and is located in close proximity to the 1-70 eastbound off-ramp . Adequate buffering will be placed on the property between the business and the residential parcels. The remaining 7.94 acres of the Mummert property will provide additional buffering from the residential properties. Mr. Kieffer stated that the existing mature trees will remain on the site; white pines and arborvitae will be planted as well as the installation of a 6 foot fence will be constructed to aid in buffering of the site. The applicant has met with two of the property owners most affected by the request and worked with them to reach a mutually agreed upon plan for the buffer. Mr. Kieffer submitted a petition as well as letters of support (Applicant's Exhibits 3 and 4) of the rezoning request. Mr. Jason Divelbiss of Divelbiss ·· & Wilkinson , 13424 Pennsylvania Avenue, Suite 302, Hagerstown, Maryland, legal counsel for the applicant, was also present at the meeting. Mr. Divelbiss reiterated that the AC&T parcel that is currently zoned RB (consisting of 2.35) would be extended to include 2.25 acres of the Mummert property. The remaining acreage would wrap around the site and help to provide buffering between the business and the residential uses . Public Comment • Austin Prejean, 13942 Frosty Pines Lane, (P. 212, Lot 3) Clear Spring, Maryland -Mr. Prejean cited the following concerns: storm water management and runoff, screening, diesel fueling area, lighting, increase in traffic, crime , security, fire and emergency services, flooding, safety, environmental issues , and property values. He believes a ten foot high fence covering the entire southern and western boundaries would be a more suitable buffer to provide better privacy and security. Mr. Prejean submitted written comments for the record . • Douglas Weller, 11526 Big Pool Road, Big Pool, Maryland -Mr. Well~r stated he is the Secretary of the District 15 Civic Organization that operates the building next to the driveway of the AC& T and Secretary of the Ruritan that uses the same building (Parcel 107). He is representing both organizations and brought forth the following concerns : heavy traffic on Tedrick Drive, damage to property (photos were provided), noise, heavy traffic on Ernstville Road and the Village of Big Pool. He noted that he also had personal damage on his property which is two miles away. Mr. Weller expressed his opinion that more signs are needed to direct traffic back onto the interstate. • John Willis, 11003 Big Pool Road, Big Pool, Maryland -Mr. Willis is opposed to the expansion of the business and expressed his opinion that the proposed expansion is a truck stop even though truck parking is not shown on the proposed plan. He believes that truck drivers will park along the exit ramps which will create hazardous and unsafe conditions in the area. He also expressed concern with regard to crime and safety . • Jennifer Plante-Willis, 11003 Big Pool Road, Big Pool, Maryland -Mrs. Willis expressed her opinion that the current convenience store and gas station have served this area well for many years and this is not the area where a truck stop should be located. She expressed concern regarding the possible contamination of wells and the Potomac River and the danger to the residents and wildlife in the area from fumes and fuel spills. Mrs. Willis shared her concern with regard to crime and safety . • Michael Tedrick, 11423 Ernstville Road, (P . 212 , Lot 1) Big Pool, Maryland -Mr. Tedrick expressed his opinion that if the rezoning is approved, his property and his quality of life will be greatly impacted. He believes that only 50% of the property should be allowed to be used for the proposed uses. • Cindy Tedrick, 11423 Ernstville Road, Big Pool, Maryland -Mrs . Tedrick expressed her concerns regarding the proposed use of the property and its effects of the rural area: more crime, air and water pollution, trash, sewage runoff with possible contamination of wells, 24/7 noise, lights and bugs, more traffic, privacy, construction eyesore, and lower property values. She expressed her opinion that a business should not request a zoning change in a residential area for its own 178 capital gain . Mrs . Tedrick submitted a petition signed by community residents opposed to the request. Applicant's Rebuttal Mr. Divelbiss briefly addressed the public comments. He noted that the proposed 6 foot fence is permitted by right; a taller fence would need to be approved by the Board of Zoning Appeals. He stated that security is of utmost importance to the applicant and measures will be taken to assure the safety of the business as well as residents and patrons. Such measures may include security cameras , additional lighting, and guards walking the property. Mr. Divelbiss reminded Commission members that the proposed use is an existing use that is changing, but this is not a new business . The redevelopment of this site will improve the use of the property . He noted there is no proposed access onto Tedrick Drive or Ernstville Road ; access will be from MD 56 using the existing entrance. Mr. Divelbiss does not believe that the proposed expansion will add noise more than what is already present from the interstate. Mr. Divelbiss presented several aerial photographs of truck stops in Washington County (Applicant's Exhibit #5) to show the number of parking spaces a truck stop provides, which is much greater than the proposed 20 spaces at the AC& T. Currently the AC& T has 7 spaces for truck parking. Mr. Divelbiss believes that adding the add itional 13 parking spaces would help alleviate the need for trucks to park along the 1-70 ramps. Mr. Divelbiss addressed comments regarding property values and quality of life by stating that the lots on Ernstville Road were subdivided in 1997 and the first house was constructed sometime prior to 2003. These homes were constructed with the business already existing. He clarified that only 30% (4 .59 acres) of the overall acreage (14 .88 acres) owned by BSM Big Pool LLC would be used for the proposed use and expansion . Discussion and Comments: Mr. Kline asked if the applicant could construct a berm to help buffer the residential uses from the business. He expressed his opinion that vegetative screening does not effectively block noise. Mr. Divelbiss believes there is no reason a berm cannot be built; however, he noted that there is a grade change so the business sits up higher than the residences. Mr. Kline suggested that the applicant con!:iider other options during the site plan process if the rezoning request is approved to help reduce noise . Mr. Kline briefly discussed a law passed in Maryland that prohibits trucks from sitting and idling for more than 5 minutes. He suggested that someone check into the law, if there are exemptions and enforcement. Ms. Baker noted that some truck stops now offer electrified sites as an alternative to the idling truck situation; however, this can be expensive. Mr. Willis expressed his opinion that regardless of the law, truck drivers are not going to turn their trucks off especially if the weather is too hot or too cold. Mr. Divelbiss stated that the plan shown at this evening 's meeting is a plan that has been revised several times following discussions with adjacent property owners. RZ-17-007 -Text Amendment Staff Presentation Ms . Baker presented a text amendment submitted by the Washington County Department of Planning & Zoning for various articles and sections of the Zoning Ordinance pertinent to "Banquet/Reception Facilities, Bed and Breakfasts, Boarding House and Country Inns. Since ,1973, the Zoning Ordinance allows residents to room or board non-family members in their homes for compensation . The proposed amendments relative to "boarding" facilities would continue to allow these uses, update terms and clarify the intensity of the use. "Boarding" facilities can have varying intensities and impacts on neighboring properties and infrastructure. Staff analyzed three variables to define the different levels of intensity: owner occupied vs. non-owner occupied ; duration of stay; and the number of rooms available for boarders. Ms. Baker briefly reviewed the proposed changes as follows : • "Tourist house" -is an outdated term that staff is proposing to delete and will fall into the category of "boarding and rooming homes" • "Boarding and rooming " homes o Special exception use in the RT (Residential Transition), RS (Resident ial Suburban), RU (Residential Urban) RM (Residential , Multi-family), A(R) (Agricultural Rural), EC (Environmental Conservation) and P (Preservation) zoning districts. Boarding and rooming houses are a permitted use in the RV (Rural Village) and RB (Rural Business) zones. o Owner-occupied o Limited to four (4) roomers or boarders o Allows a longer stay (month-to-month bas is) • "Bed and Breakfast" o .Special exception uses in the RT and RU zoning districts ; Currently a special exception in the RS zoning district o Remove sentence in definition that allows them to be an accessory use in the AR, EC, P, and RV districts; Move to the Land Use Table as an accessory use o Limited to five (5) rooms -this will coincide with building regulations which require a sprinkler system for six (6) or more rooms 179 • Discussion and Comment: Mr. Reeder asked if there is a square footage limitation or a limit on the number of guests . Ms. Baker stated that the building code dictates only the number of rooms . • Add definition for a "Country Inn" o May be non-owner occupied o Limit the number of rooms to ten (10); structures with more-than ten (10) rooms would be considered at hotel/motel and would need to be rezoned to the RB district o Provides flexibility for on-site catering, banquet and reception facilities as well as meeting rooms Ms. Baker discussed the previous recommendation of the Planning Commission for a "country inn" to allow expansion beyond the 10 room limit. Staff researched this issue further and found there is not a method in place to allow these types of increases. A "country inn" would be approved as a special exception use granted by the Board of Zoning Appeals . The Planning Commission, by law, does not have the authority to grant changes to the requirements set forth by the Board of Zoning Appeals. Staff recommends that if the Planning Commission believes that the 10 room definition is too restrictive, the minimum number of rooms should be increased in the definition . Ms. Baker explained that the Zoning Ordinance currently allows BanqueUReception facilities to occur as special exception uses within the rural zoning areas of the County and as permitted uses within the commercial districts of the Urban Growth Area. She noted there may be other areas within the UGA where these uses may be suitable without disturbing the residential nature. Such areas may include a farm that has been developed over time that contains larger lot sizes and typically contains the original farm house and accompanying outbuildings such as barns , milk parlors, etc. These unique areas provide historic context to the urbanization of the county and how agriculture is still a strong economic driver in the County. • BanqueUReception Facilities o Special exception use within the RT, RS, RU and RM districts; currently permitted in the BL (Business Local) and BG (Business General) districts o Required bulk requirements would include a five (5) acre minimum lot size, a 300 foot lot width, a 50 foot front yard and 100 foot side yard and 50 foot rear yard setbacks o Remove the last sentence in the current definition that talks about being an accessory use to hotels/motels o Clarify that catering facilities are limited to on-site catering events only Discussion and Comments: Mr. Weddle asked if the bed and breakfast, country inns, etc. would be considered an agricultural or a commercial use on properties zoned A(R) in the rural area. Ms . Baker stated that the bed and breakfast would be considered a semi-residential use because it is owner occupied. A non-owner occupied business would be considered a commercial type use . There was a brief discussion regarding farms that have preserved land . Ms. Baker noted staff agrees with the Ag Advisory Board that farms having received compensation for land preservation are for agricultural purposes and the commercial use should not be considered on those properties . The County would defer to the easement documents to regulate the uses allowed on preserved properties. Public Comment • Selena Wilkes, 16311 Kendall Road, Williamsport, Maryland -Ms. Wilkes stated she is in favor of the proposed amendments and presented written comments for the record . She believes the proposed changes will help to eliminate some of the contradictions and ambiguities that currently exist and further promote tourism in the County. Ms. Wilkes expressed her opinion that the proposed amendments would allow banqueUreception facilities in "unconventional" settings both inside and outside the Growth Area boundaries as long as all lot and density requirements are met for the proposed facility. She believes the proposed amendments will provide the opportunity for the orderly development of these types of uses while providing safeguards that would prevent incompatibility with other uses in the area. ADJOURNMENT Chairman Wiley adjourned the meeting at 8:35 p.m . UPCOMING MEETING 1. Mo nday , Octo ber 2 , 2017, 7:00 p.m ., Washington County Planning Commission regular meeting , Was hin gton Cou nty Administration Building, 100 W. Washington Street, Room 2000, Hage rsto wn , Ma ryl and WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING October 2, 2017 180 The Washington County Planning Commission held a regular monthly meeting on Monday , October 2, 2017 at 7:00 p.m. at the Washington County Administration Building, 100 ·w. Washington Street, Room 2000, Hagerstown, Maryland . Commission members present were : Chairman Clint Wiley , B.J. Goetz , Drew Bowen, Denny Reeder, and Jeremiah Weddle (arrived at 7:25 p.m .). Staff members present were: Washington County Department of Planning & Zoning -Stephen Goodrich, Director; Jill Baker, Chief Planner, Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Tim Lung, Director; Cody Shaw, Chief of Plan Review; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. The Chairman announced that the order of the agenda would be adjusted for this meeting . MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the September 11, 2017 regular meeting as presented . The motion was seconded by Mr. Goetz and unanimously approved. Motion and Vote: Mr. Goetz made a motion to approve the minutes of the September 18, 2017 public rezoning meeting as presented . The motion was seconded by Mr. Bowen and unanimously approved . NEW BUSINESS SUBDIVISIONS Beaver Creek Fields (S-17-025) Mr. Shaw presented for review and approval the Preliminary/Final plat for Lots 1-6 and Lots A and B for Beaver Creek Fields located along the north side of National Pike on 12.46 ac res. The property is currently zoned A(R) -Agricultural Rural (15 .3 acres) and RV -Rural Village (3 acres). Lots A and B contain existing dwellings. Lots 1-6 are proposed on the south side of Beaver Creek Road and each lot will have its own well and septic sys tem . On May 3, 2017 , the Board of Zoning Appeals granted an appeal (AP 2017-017) for the density requiremen t. The property is split by a zoning boundary and has a 1 dwelling unit/5 acre density li mit in the A(R) zone and 1 dwelling unit/1 acre in the RV district. The BZA approved a density of 1 dwelling unit/1.91 acres . This subdivision is also dedicating land for future right- of-way for the extension of White Hall Road to National Pike. Forest Conservation requirements will be met via on-site retention and off-s ite retent ion at a 2: 1 ratio . All agency approvals have been received except for Forest Conservation, which is currently being finalized. Discussion and Comments: Mr. Fred Frederick of Frederick, Seibert & Associates, consultant for the applicant, briefly explained that a 50 foot right-of-way is being dedicated by the owner for the possible extension of White Hall Road in the future . He also noted there are three existing dwellings on the property. Real estate exemptions for Forest Conservation were taken for two of these dwellings . The third dwelling is located in an existing flood plain . Mr. Frederick said it was the applicant's desire to use the Forest Conservat ion Real Estate exemption for remaining lands as well. Mr . Frederick explained that all existing forest , the majority of which is in th e floodplain , is being used as on-site forestation . The applicant has 2.4 acres of forest on Lappans Road that was previously approved for off-site retention of which 1.4 acres will be used for this project. Mr. Reeder asked if the old stone house on the property will be retained. Mr. Frederick stated that the Plann ing Commission previously reviewed a demolition permit for that house ; however, the applicant now has a new purchaser for the entire property who has decided to retain the stone house and sell it on its own 6 acre parcel. Motion and Vote: Mr. Reeder made a motion to approve the preliminary/final plat for Lots 1-6 and Lots A and B of Beaver Creek Fields and to grant staff the authority to work with the applicant to resolv e Forest Conservation requirements . The motion was seconded by Mr. Bowen and unanimously approved . SITE PLANS Atlantic Homes (SP-17-023) Ms . Kelly presented for review and approval a site plan for Atlantic Homes located along the south side of West Oak Ridge Drive. The property is currently zoned HI (Highway Interchange). There is an existing dwelling , garage ·and sheds on the property. The property owner is proposing to establish an insura nce business in the existing house . The site would be served by public water and public sewer. Nine parking spaces are required and nine spaces Will be provided . There will be five employees . The hours of operation will be 8:00 a.m. to 5:00 p.m ., Monday thru Friday . Proposed lighting and signage will be building mounted. Trash will be collected inside the house . The site is exempt from Forest Conservation requirements because there is no disturbance over 20 ,000 square feet. All agency approvals have been received with a conditiona l approval from the City of Hagerstown Sewer Department because a sewer 181 easement for a private line must be secured from the owner of the property through which the easement runs . The owner and the consultant are currently working with the City of Hagerstown to address this issue . Motion and Vote: Mr. Bowen made a motion to approve the site plan contingent upon a signed agreement between the owner and the City of Hagerstown Sewer Department. The motion was seconded by Mr . Goetz and unanimously approved . OLD BUSINESS RZ-17-003 Downsville Pike Land , LLC Recommendation Mr. Allen presented a map amendment request for property located at 10656 and 10662 Downsville Pike from RS (Residential Suburban) to HI (Highway Interchange). A public rezoning meeting was held on September 18, 2017 at the Washington County Court House at which time staff and the applicant presented information pertaining to the request and public comment was taken. The applicant claimed that there was a mistake in retaining the existing RS zoning on the site during the Comprehensive rezon ing in 2012 due to the parcels location near the interchange , rezoning of nearby parcels to HI, traffic impacts from interchange traffic and that the subject parcels are no longer suitable for residential use because they have not recently been occupied . The applicant also proposed that there was a change in the character of the neighborhood citing the neighborhood as the corridor along Downsville Pike with similarly situated parcels and noted the zoning changes in that same corridor, approval of the Sheetz store site plan for a parcel across the street, increases in traffic and that the dwelling is no longer occupied as changes that have occurred . Mr. Allen reviewed the criteria that should be considered when analyzing change or mistake claims and remarked that zoning changes without actual development do not create change, the change of zoning on the interchange parcel is of no consequence because the parcel will never be available for development, the Sheetz store will be developed in accordance with the parcels zoning and an unoccupied dwelling does not constitute change . Six members of the public have submitted written or verbal testimony in opposition of the proposed rezoning citing issues related to traffic patterns, traffic volume, speed and pedestrian safety in the vicinity of the site, particularly on Halfway Boulevard. Discussion and Comments: Mr: Goodrich explained that due to technical di fficulties during the past wee k, minutes of the September 25 th public rezoning mee ti ng were unavail abl e prior to this meeting . However, a recording of the meeting was sent to all Planning Commission members for their review during the past week. All members, either present at the public meeting or who listened to the recording of the public meeting, are eligible to discuss and vote on the rezoning cases being discussed this evening . In the discussion that followed some members expressed opinions that it is difficult to document that a change in character or that a mistake has occurred but noted that future use of the site for residential purposes would also be difficult especially since the dwellings are no longer occupied and there has been no apparent interest in residential use in the future. The Commission recognized the commercial uses in the area and the configuration of the Halfway Boulevard/Downsville Pike intersection . Mr. Weddle arrived at 7:25 pm . He offered his opinion that the lack of residential occupancy may be an indicator that change is occurring . The Commission discussed the complications of achieving access to the site since the reconstruction of the interchange and expansion of the Downsville Pike/Halfway Boulevard intersection. Commission members believed that redesign of access to the site to address safety concerns at the intersection and the limitations presented by the new configuration of the intersection may be better served by commercial development rather than residential. Motion and Vote: Mr. Reeder made a motion to recommend approval of the map amendment request to the Board of County Commissioners . The motion was seconded by Mr. Goetz and unanimously approved. RZ-17-004 Bl uegrass Commercial , LLC and Michael & Kelli Scott Recommendation Mr. Goodrich presented a map amendment request for property located at 21314 and 21338 Leitersburg Pike and 21385 Leiters Mill Road. The applicant is requesting the application of the RB (Rural Business) floating zone over the existing RV (Rural Village) zoning on 7.15 acres of land. The RB zone is a floating zone ; therefore, the change or mistake rule does not apply . Commission members should follow the criteria set forth in the Section 5E4.b of the Zoning Ordinance when considering the establishment of the RB zone . Mr. Goodrich briefly reviewed these criteria . He clarified that in the original rezoning package, a plan was submitted showing retail/office/warehousing/wholesale uses on Parcels 131 and 173. However, during th e public rezoning mee tin g, the applicant state d all three parce ls wo uld be use d for office spac e either related to the exi stin g bu s in-ess or gen e ral offi ce use. Two indivi d uals made comments durin g th e public rezonin g mee tin g statin g co nce rn s for traffic and ge ne ral community appea rance ; no other written com ments were rece ive d foll owi ng the meetin g. Discussion and Comments: Mr. Bowen clarified that, if the rezoning is approved, a site plan would be requi red. Mr. Reeder made an inquiry regarding the expansion of the existing building and how much squ are footage wou ld be allowed . Mr. Goodrich stated that the existing building is located on a parcel that is cu rr en tly zo ned RB . Setbacks and storm wa ter management may be the limi ting fa ctors. The Zoning Ord in ance speci fies a maximum lot coverage of 65% in the Rural Business d istri ct; however, if the 182 building is redeveloped, the 65% may or may not apply because the coverage on the parcel may be already much larger than what is specified. He reminded Commission members that the use could expand onto the other parcels if the rezoning is approved. Mr. Wiley noted that during the public rezoning meeting, the applicant stated they are not interested in having any type of retail or wholesale business on the property. He also noted that the applicant is proposing to cut down the number of entrances onto the property. Mr. Wiley expressed his opinion that the proposal meets the requirements for the establishment of a Rural Business. Mr. Reeder believes the applicant is committed to providing screening and buffering that will enhance the site and the Rural Village of Leitersburg . Motion and Vote: Mr. Bowen made a motion to recommend approval of the map amendment request to the Board of County Commissioners because the application can meet the specified RB zoning requirements .. The motion was seconded by Mr. Weddle and unanimously approved . RZ-17-005 BSM Big Pool, LLC Recommendation Ms. Baker presented a map amendment request for property located at 11412 Tedrick Drive and 11079 Big Pool Road. The applicant is requesting the application of the RB (Rural Business) floating zone over the existing EC (Environmental Conservation) zoning on 2.24 acres of land. The applicant is proposing to expand the existing business on property immediately adjacent to the east. The proposed expansion would create better traffic flow on the site. Thirteen (13) additional truck parking spaces are proposed. A heavily vegetated buffer is proposed along the western boundary; existing mature vegetation will remain in place. A site plan was included in the submittal showing reconstruction of the convenience store and the restaurant area and the reconfigured traffic flow. Discussion and Comments: Ms . Baker clarified that the request being considered is for the 2.24 acres where the applicant is proposing to install a new paved area and a new diesel canopy. The re- configuration of Parcel 33 could occur even if the rezoning is denied; a site plan would be required . Numerous written and verbal comments have been received, both in favor of and in opposition to the request. Mr. Weddle expressed his opinion that the applicant is proposing better accommodations and a safer area for fueling . Mr. Wiley expressed his opinion that if the rezon ing is approved, the Planning Commission could make recommendations for buffering and screening on the site that would address the concerns of neighboring property owners. Mr. Goetz expressed his opinion that AC& T typically provides a business setting that is clean and safe and provides for better traffic flow . Mr. Reeder briefly discussed the concerns of citizens with regard to truck idling. Ms. Baker stated that the County does not currently have a noise ordinance. Maryland Department of the Environment would be responsible for air quality controls. Ms . Baker noted that the applicant, during their presentation at the public rezoning meeting , stated that the business was in place before any ho uses were built nearby. Members briefly discussed land scaping and buffe ring and the advantage of havi ng add itional truck parking if the rezon ing is approved . Motion and Vote: Mr. Bowen made a motion to recommend approval of the map amendment request to the Board of County Commissioners as presented because it meets the requirements specified in the RB zoning district. The motion was seconded by Mr. Weddle and unanimously approved. RZ-17-006 17119 Virginia Avenue LLC Recommendation Mr. Allen presented a map amendment request for property located at 17109 Virginia Avenue from RS (Residential Suburban) to BG (Business General). A public rezoning meeting was held on September 18, 2017 at the Washington County Court House at whiGh time staff and the applicant presented information pertaining to the request and public comment was taken. The applicant is claiming that a mistake was made in the current zoning of this property at the time of 2012 comprehensive rezoning of the Urban Growth Area . The applicant claimed in his presentation that the County made a mistake in the 2012 Comprehensive rezon ing by not changing the existing RS zon ing to BG because it fa il ed to consider that the parcel is designated by the Land Use Map in the Plan as Commercial , it is surrounded on 3 sides by commercial zoning, it fronts on a heavily travelled road in a commercial corridor and these factors would make the parcel unsuitable for contin_ued residential use. Mr. Allen explained that the commercial character of the neighborhood around this property has been established for an extended period of time (generally before 2000) due to piecemeal rezoning requests. The car wash , which sits next to the subject site , was rezoned in 1992; the property containing Carmine's Italian Restaurant, was rezoned in 1998; and the property containing the Dollar General store was rezoned in 1981. There was also the rezon ing of a parcel of la nd close to the si te from ORT to IR recently. Mr. Allen reiterated comments made du ring the public meeting , includ ing Mr. Goodrich 's statement that rezon ing can serve two objectives: 1) to follow existing trends or 2) to project and lead future land use changes. The house was actively be ing used as a res idence at the time of the 2012 comprehensive rezoning and the owners did not request a change in the zoning at that time. One member of the RUblic spoke in opposition of the rezoning request during the public meeting. She did not believe a mistake was made in the zoning noting that the house had been occupied since 1932 . She also expressed her opinion that there were negative impacts in the area from all the commercial development that has occurred. Discussion and Comment: Mr. W iley stated that he has been past the property several times over the past week and the person who spoke in opposition of the rezoning re quest appears to be running a business out of their home . The Comm is sion acknowledged the difficulty in the decision to retain the RS 183 zoning in 2012 because the site was still an active residential use or to change it to BG to recognize the surrounding zoning and uses . However, with new ownership and all of the piecemeal rezonings in the area a commercial zoning would be appropriate. Motion and Vote: Mr. Reeder made a motion to recommend approval of the request as presented to the Board of County Commissioners. The motion was seconded by Mr. Bowen and unanimously approved with Mr . Goetz abstaining from the discussion and the vote . RZ-17-007 Text Amendment Ms . Baker presented a text amendment for various articles and sections of the Washington County Zoning Ordinance pe rt ain ing to "Ba nqu eVR ecept ion Facilities, Bed and Bre ak fast, Bo ardi ng House and Country Inns". She briefl y reviewed the proposed changes as discus sed du rin g the Se pt emb er 25th public rezoning meeting. One person spoke in favor of the proposed changes during the public meeting . Ms. Baker reiterated that uses on permanently preserved lands are dictated by the easement documents, not by zoning. Bed and Breakfast facilities are permitted on permanently preserved lands; however, wedding reception facilities , auctions, etc. are not currently permitted by language in the easement documents . Discussion and Comments: Mr. Wiley stated that he is in favor of all the changes as presented . He believes this a great opportunity for tourism in the County. Motion and Vote: Mr. Weddle made a motion to recommend approval of the text amendments as presented to the Board of County Commissioners . The motion was seconded by Mr. Goetz and unan imously approved. RZ-17-009 A & W Plus, Inc. Recommendation Mr. Goodrich presented a map amendment request for property located at 12408 Learning Lane (the former Conococheague Elementary School). The applicant is requesting to apply the RB (Rural Business) floating zone over the existing RV (Rural Village) zone on 11 . 7 4 acres of land. The applicant is proposing to use the existing building for an assisted living facility, which is a permitted use in the RB zone. If the assisted living facility is a success, the applicant is also proposing to construct an adult day care facility and medical offices that provide elder care related practices . The 65% limit for lot coverage would apply to the new construction . The contract for purchase of the property is contingent upon the rezoning of this property . During the public meeting, concerns were raised about the ability of the site to accommodate the proposed use with water and sewer facilities and traffic that could be generated. The applicant stated they are aware of those requirements and it is their intent to comply with all requirements if the zoning is changed. Mr. Goodrich reminded members of the criteria to be used when considering the establishment of an RB zoning district. Three people made comments during the public meeting and Mr. Goodrich briefly reviewed those comments . Discussion and Comments: Commission members believe the proposed use would be a great re-use of an existing property. Mr. Goodrich stated that the Rural Business zoning could be removed from the property through a simple administrative process if the owner would no longer want it or the proposed use was unsuccessful. If the proposed assisted living facility does not come to fruition but the owner proposes another use, the new proposed use would come back to the Planning Commission for its review at which time the Commission could require a new public information meeting if the new use is determined more intense . Motion and Vote: Mr. Bowen made a motion to recommend approval of the map amendment request as presented, to the Board of County Commissioners because it could meet the requirements for the RB district stated in the Zoning Ordinance. The motion was seconded by Mr. Reeder and unanimously approved. -OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following for the month of September: Land DevelopmenVPermit review -1 O entrance permits; 1 flood plain permit; 13 grading permits; 1 non-residential ag certificate; 1 non- residential commercial permit; 1 utility permits ; Land Development Plan Review -1 preliminary subdivision plats (Westfields); 2 site-specific grading plans (Lager Drive, Columbia Gas); 5 standard grading plans; 3 storm water management concept plans; 1 preliminary consultation at Carriage Hills Apartments; 2 preliminary plats with site plans for Rosewood PUD; 1 site plan for a solar energy generating facility on Leitersburg/Smithsburg Road; 1 subdivision replat ; Approvals issued: 1 residential subdivision replat; 3 Forest Stand Delineation, 1 site specific grading plans, 4 site plans (Falcon Air Service hangar, Patriot Federal Credit Union, Sheetz at 632/1-70, Atlantic Auto on Miller's Church Road) and 4 site plan red-line revisions UPCOMING MEETINGS 1. Monday , November 6, 2017 , 7:00 p.m., Washington County Planning Commission regular meeting , Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland 184 ADJOURN M ENT Mr. Goetz made a motion to adjourn the meeting at 8:20 p.m . The motion was seconded by Mr. Weddle and so ordered by the Chairman . bmitted , ' 185 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING November 6, 2017 The Washington County Planning Commission held a regular monthly meeting on Monday, November 6, 2017 at 7 :00 p.m . at the Washington County Administration Building, 100 W . Washington Street, Room 2000, Hagerstown, Maryland. Commission members present were: Chairman Clint Wiley, B. J . Goetz, Jeremiah Weddle, Denny Reeder, Drew Bowen and Ex-Officio Commissioner Leroy Myers . Staff members present were : Washington County Department of Planning & Zoning -Stephen Goodrich, Director and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Tim Lung, Director; Cody Shaw, Chief of Plan Review and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the September 25, 2017 public information meeting as presented . The motion was seconded by Mr. Weddle and unanimously approved with Mr. Goetz and Commissioner Myers abstaining from the vote. Motion and Vote: Mr. Bowen made a motion to approve the minutes of the October 2, 2017 regular meeting as presented. The motion was seconded by Mr. Goetz and unanimously approved with Mr. Weddle and Commissioner Myers abstaining from the vote. NEW BUSINESS SITE PLANS Brooke 's House (SP-17-014) Mr. Shaw presented for review and approval a site plan for Brooke's House situated on a 3.17 acre parcel located along the north side of Technology Boulevard. The property is currently zoned ORI (Office, Research and Industry). The functional description of the site is for temporary transitional housing for those recovering from drug addiction. An appeal was granted by the Board of Zoning Appeals on September 21, 2016 for a special exception use to establish a sober living facility . The hours of operation will be 24 hours per day, 7 days per week. Number of employees will be 3 with 2 employees per shift. Total required parking spaces is 8 and the total number of parking spaces provided will be 14. There will be a total of 16 patient beds in the house. The site will be served by public water from the City of Hagerstown and public sewer from Washington County. Storm water management requirements will be met using two bio-retention and sediment fore bays. The site is exempt from Forest Conservation Ordinance requirements because it was zoned Planning Industrial prior to adoption of the Forest Conservation Ordinance (Exemption 3.2F). Approvals are pending from the City of Hagerstown Water Department and the Health Department; all other agency approvals have been received. Motion and Vote: Mr. Reeder made a motion to grant staff the authority to-approve the site plan after approvals have been received from the City of Hagerstown Water Department and the Health Department. The motion was seconded by Mr. Bowen and unanimously approved. Saint James School Fine Arts Center (SP-17-019) Ms. Kelly presented for review and approval a site plan for a Fine Arts Center on the 133. 31 acre campus of the Saint James School located along the east side of College Road. The property is currently zoned A(R) -Agriculture Rural. There is an existing house on the site that will be razed and a 10 ,000 square foot building for the Fine Arts Center will be constructed. The proposed building will be a split level with three stories in the front and two stories in the rear. A patio will be located along the back of the building. Access to the Center will be off of-an interior campus street. Landscaping is proposed around the foundation of the building and around the patio as well as the bio-retention ponds that will have vegetation in them. Ten parking spaces are provided for this building in the existing parking facility . Parking spaces for college or school campuses are based on need . The hours of operation will be 8:00 a.m. to 5:00 p.m. daily. The site is served by public sewer from the Washington County Department of Water Quality and water is provided by an on-site purification system from a spring. There will be one free standing sign and several building mounted signs. Freight and delivery will be two times per week. Solid waste will be collected by a private hauler. All on-site lighting will be wall mounted . The site is exempt from Forest Conservation Ordinance requirements because there is less than 20,000 square feet of disturbance. All agency approvals have been received. Motion and Vote: Mr. Goetz made a motion to approve the site plan as presented . The motion was seconded by Mr. Weddle and unanimously approved . -OTHER BUSINESS Update of Staff Approva ls 186 Mr. Lung reported the following for the month of October: Land Development/Permit review -13 entrance permits; 2 flood plain permit; 16 grading permits ; 1 non-residential construction permit; 1 non-residential sign perm it; 1 utility permits ; Land Development Plan Review -2 simplified subdivision plats, 1 subdivision replat, 1 preliminary/final subdivision plat for 3 residential lots, 2 preliminary plats with site plans, 2 minor site plans, 4 site specific grading plans, 10 standard grading plans , and 4 standard storm water management plans; Approvals issued : 1 final plat for Rosewood, Phase 11B, 1 site plan for CRS Oliver Drive Station, 1 red line revision for Noell's Fire Protection, 1 preliminary/final plat for Beaver Creek Fields , and 2 subdivision replats . State Development Plan Mr. Goodrich informed the Commission that Governor Hogan is planning to update the State Develop- ment Plan , which will be called "A Better Maryland ". During Governor O'Malley's tenure , "Plan Maryland " was adopted by the State; however, the adoption process was contentious and this Plan was perceived as restrictive. The State intends to hold listening sessions in every county across the State of Maryland with planning staff, elected officials and a public session open to citizens in order to gather feedback about the State Development Plan . The ten tat ive date fo r Washi ngton County 's meetings is Dec ember 5th . Staff will develop a list of to pi cs they be lieve are imp ortant to add ress in the new plan includi ng the uniqueness of each county in the state. Commission members asked that staff forward that list to the Commission for discussion at the next meeting . UPCOMING MEETINGS 1. Monday , December 4 , 2017 , 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland ADJOURNMENT Commissioner Myers made a motion to adjourn the meeting at 7:25 p.m. The motion was seconded by Mr. Bowen and so ordered by the Chairman . 187 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING December 4, 2017 The Washington County Planning Commission held a regular monthly meeting on Monday, December 4, 2017 at 7:00 p.m. at the Washington County Administration Building, 100 W . Washington Street, Room 2000, Hagerstown, Maryland . Commission members present were : Chairman Clint Wiley, B. J. Goetz, Jeremiah Weddle, Denny Reeder, Drew Bowen, David Kline, and Ex-Officio Commissioner Leroy Myers. 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 & Permitting -Tim Lung, Director; and Cody Shaw, Chief of Plan Review. 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 November 6, 2017 regular meeting as presented . The motion was seconded by Commissioner Myers and unanimously approved . NEW BUSINESS SUBDIVISIONS The Villas at Gateway (PP-17-001) Mr. Shaw presented for review and approval a preliminary plat for The Villas at Gateway located along the south side of Arnett Drive. The property is currently zoned RU -Residential Urban. The developer is proposing 24 semi-detached residential units . Total parking spaces required is 48 spaces ; 72 parking spaces will be provided . The site will be served by public water from the City of Hagerstown and public sewer from Washington County. Storm water management will be handled through an existing pond at Walmart with filterra inlet structures and grass swales . Forest Conservation Ordinance requirements are proposed to be met using the payment-in-lieu option in the amount of $10,663 .50 . Approvals are pending from the City of Hagerstown Water Department, the Health Department and the Washington County Department of Water Quality . Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan after approvals have been received from the City of Hagerstown Water Department, the Health Department, and the Washington County Department of Water Quality. The motion was seconded by Mr. Goetz and unanimously approved . SITE PLANS Rosewood PUD, Phase IIB, Lots 17B, 17C, 18 and 20 (PSP-17-002) Mr. Shaw presented for review and approval a preliminary plat/site plan for ~osewood PUD Phase IIB, Lots 17B, 17C, 18 and 20). The property is located along the north side of Robinwood Drive and is currently zoned RS/PUD -Residential Suburban with a Planned Unit Development overlay. The developer is proposing the following: • Lot 17B will be developed with a total of 72 apartments in two buildings with a community center and office space . Parking spaces required is 192 spaces and 192 spaces will be provided . There will be a total of 1 O employees for the office space with hours of operation from 8:00 a.m . to 5:00 p.m. Trash will be collected in dumpsters and removed by private haulers. The site will be served by public water and public sewer from the City of Hagerstown • Lot 17C will be developed with a fast food restaurant with drive thru. The number of employees will be a total of 12 (5 employees per shift). The hours of operation will be 6:00 a.m. to 11 :DO p.m., 7 days per week. The fotal required parking is 30 spaces and 30 parking spaces will be provided. Deliveries will be one box truck per week. The site will be served by public water and public sewer from the City of Hagerstown . • Lot 18 will be developed with a total of 32 apartments on 1.44 acres of land . Total parking required is 74 spaces and 79 parking spaces will be provided including 8 RV spaces. Trash will be collected in dumpsters and removed by private haulers . The site will be served by public water and public sewer from the City of Hagerstown. • Lot 20 will be developed with 3 apartment buildings containing 118 units on 6.34 acres of land. The total number of parking spaces required is 272 spaces and 273 spaces will be provided. Tras_h will be collecte_d in dumpsters and removed by private haulers . The site will be served by pubhc water and public sewer from the City of Hagerstown. Forestation was previously addressed and forest planting areas 8, 11 and 12 will be platted with this plan . Motion and Vote: Mr. Bowen made a motion to grant staff the authority to approve the site plan after approvals have been received from all reviewing agencies. The motion was seconded by Mr. Kline and unanimously approved . 188 Bowman North LLC (SP-17-021) Mr. Shaw presented for review and approval a site plan for two commercial buildings on a 9.28 acre parcel located along the west side of Precision Place. The property is currently zoned HI -Highway Inter- change. The developer is proposing to remove the middle section of a currently vacant building to create two 14,000 square foot commercial buildings. The hours of operation will be 10 :00 a.m. to 8:00 p.m. Total required parking is 140 spaces and 161 parking spaces will be provided. The site is served by public water from the City of Hagerstown and public sewer from Washington County. Storm water management quality will be handled via ESD micro scale practices and is exempt from quantity requirements due to being a re-development. The site is exempt from Forest Conservation Ordinance requirements because this is a re-development. Approvals are pending from the City of Hagerstown Water and Sewer Department, the Health Department and the Washington County Department of Water Quality. Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan after approvals have been received from the City of Hagerstown Water and Sewer Department, the Health Department and the Washington County Department of Water Quality. The motion was seconded by Mr. Weddle and unanimously approved with Commissioner Myers abstaining from discussions and the vote . Solar Gaines (SP-17-024) Mr. Shaw presented for review and approval a site plan for Solar Gaines for a proposed solar energy generating system (SEGS) on 35.9 acres located along the south side of Leitersburg-Smithsburg Road . The property is currently zoned A(R) -Agricultural Rural. An appeal was granted by the Board of Zoning Appeals on July 12, 2017 to establish a solar energy generating system with the following conditions: (1) the system does not exceed ½ acre in land area and (2) that it be situated in the general location as presented to the Board. The hours of operation will be 24 hours per day, 7 days per week. There will be no employees and no parking is required . The height of the solar panels will be 5 feet. Screening will be achieved using existing forested area on site and a security fence that will be opaque on certain sides . The site is exempt from storm water management due to being less than 5,000 square feet of disturbance . The site is also exempt from Forest Conservation Ordinance requirements due to having less than 20,000 square feet of disturbance. All agency approvals have been received. Discussion and Comments: Mr . John Hankins, representative from Solar Gaines, explained that this is a pilot program for a community system whereby neighboring property owners can buy into the system. Mr. Weddle asked what is currently on the ag property . Mr. Schreiber of Frederick, Seibert & Associates stated that the field is currently being used for crops. Mr. Weddle expressed his concern regarding the use of ag land for this type of use. He clarified that he is in favor of solar energy, but he believes that productive agricultural land is not where these systems should be placed. Mr. Schreiber reiterated that the A(R) district allows SEGS as a special exception use, which was approved for this property by the BZA in July. Mr. Kline gave a brief explanation of how pilot programs like this one will work and some of the requirements associated with these types of programs. Mr. Bowen recommended that the Planning Commission and staff further discuss the issue of placing SEGS on agricultural land during future discussions for the Comprehensive Plan . Mr. Goodrich stated that staff has already determined the need to address this issue in the Comprehensive Plan update. Mr. Goetz made an inqui ry regarding the screening to protect neighboring properties specifically the use of a fence. He expressed his opinion that low shrubbery or other vegetation should be used to help buffer the site. There was a brief discussion regarding the use of a fence around the SEGS. Mr. Weddle expressed his opinion that fences can be a hazard to wildlife. He explained that deer can jump the fence to get into the area of the solar panels but have difficulty getting back out thereby getting injured and possibly damaging the panels . Mr. Lung stated that a fence is required around the perimeter of the solar energy generating system and the electrical equipment per the Zoning Ordinance . Mr. Sch reiber stated that the developer intend s to use a fence with green slats between the chain link in order to blend in with the surrounding vegetation. Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was seconded by Mr. Bowen. The motion passed on a 5-1 vote with Mr. Weddle voting No. FOREST CONSERVATION Eastern Panhandle Expansion Project (GP-17-015) Mr. Shaw presented a request for approval of the forest mitigation proposal for the Eastern Panhandle Expansion Project in Washington County. The applicant's forest conservation professional provided an analysis describing how they arrived at the proposed mitigation of off-site retention. Mr. Shaw provided brief background information for this project stating that Columbia Gas is proposing the installation of approximately 3.4 miles of a new greenfield, 8 in ch natural gas pipeline equipped with a launcher and receiver at each end . The pipeline will tie into the existing 20 inch and 24 inch pipelines located in Fulton County, PA. The project will require a Certificate of Public Convenience and Necessity to be issued by the Federal Energy Regulatory Commission for construc tion , operation and maintenance of the project. A grading and sediment and erosion control plan (GP-17-015) has been submitted to Washington County Department of Plan Review & Permitting and is currently be ing reviewed. There is a Forest Conservation Plan associated with the project. The grading plan will be reviewed per the. guidelines of the Washington County Storm Water Management, Grading, Soil Erosion and Sed iment Control Ordinance . The 189 Washington County Soil Conservation District will review the Soil Erosion and Sediment Control plan. The applicant is proposing off-site mitigation in the form of a protective easement on 59 acres of existing forest on lands owned by the Town of Hancock. Motion and Vote: Mr. Bowen made a motion to approve the forest mitigation as presented. The motion was seconded by Mr. Kline and unanimously approved . -OTHER BUSINESS Emerald Pointe PUD Commercial Area (SP-16-014) Mr. Lung presented for review and approval a request from the developer of the Emerald Pointe PUD a change in the maximum height requirement established as part of the approved final development plan for the commercial area in Emerald Pointe PUD . Per the Zoning Ordinance, building spacing and height requirements shall be the same as those for the different types of development provided for in the district where PUDs are permitted . The Planning Commission may waive or modify the height and other design requirements for the different types of development if such modifications will increase the amenities of the development. The underlying zoning of the subject property is RS (Residential Suburban) where the maximum building height is 35 feet. Commercial uses in a PUD are based on the uses allowed in the BL zoning district where the maximum height is 25 feet. The approved development plan and the commercial area site plans call for a maximum building height of 36 feet to accommodate two story buildings. The applicant is requesting a change in the maximum building height from 36 feet to 46 feet to accommodate three story buildings. This would require a revision to the site plan and re-calculation of parking requirements. Mr. Poffenberger of Fox & Associates, Inc. stated that the request does not include Building A, which will remain a two story building. Discussion and Comments: There was a brief discussion regarding the number of parking spaces that would be required if the request is approved. Mr. Bowen clarified that the developer does not have any additional acreage for additional parking. Commissioner Myers questioned what would happen if a tenant moves out and the developer would want to change the use of the space. He noted that it could be a problem if the new use cannot meet the parking requirements. Mr. Poffenberger of Fox & Associates, Inc. stated that he will pass along the comments and concerns of the Commission to the developer. Motion and Vote: Mr. Bowen made a motion to approve the request as presented. The motion was seconded by Mr. Goetz and unanimously approved. Amended Motion and Vote: Mr. Bowen amended his motion that the additional maximum height of 46 feet would be for Buildings B and C only. The motion was seconded by Mr. Goetz and unanimously approved. Update of Staff Approvals Mr. Lung reported the following for the month of November: Land Development/Permit review -9 entrance permits; 1 flood plain permit; 13 grading permits; 1 non-residential electrical permit; 2 non- residential addition permits; 2 non-residential construction permits; 5 utility permits; Land Development Plan Review -3 subdivision replats, 3 preliminary/final subdivision plat minor residential subdivision, 1 site plan, 1 site specific grading plans, 3 standard grading plans, and 1 standard storm water management plan, 2 public works agreements, 2 modifications, 1 forest conservation plan, 1 storm water concept plan, 1 Town plan for storm water, 1 APFO road adequate review for Hopewell Station; Approvals issued: 3 site plan for St. James Fine Arts Center, Hopewell Station and an expansion for the Long Meadow Fire Department building, 1 red line revision, 2 simplified plats for subdivision, and 1 forest stand delineation . Land Preservation, Parks & Recreation Plan Ms. Baker presented the draft Land Preservation, Parks & Recreation Plan for Washington County. The preparation and update of this plan is a pre-requisite for the County's participation in the State of Maryland's Program Open Space Local Side Program . The County is required to have an up-to-date Plan in order to receive funding for Program Open Space projects. The Plan is broken up into three different sections: Parks and Recreation, Natural Resources, and Land Preservation . Ms. Baker gave a brief overview of each section . The County owns and maintains 872 acres of recreation areas included in 18 parks and recreational facilities. Park pavilion rentals in 2016 was 1,076 rentals with approximately 83,000 participants. Ms. Baker briefly discussed a park usage analysis survey that was completed and the results of that survey, which is shown in the Plan . There is approximately 40,000 acres of State and Federally owned park and forested land within Washington County, which includes over 100 miles of bike routes, 40 miles of the Appalachian Trail and the C & 0 Canal Towpath that is used as a multi-modal trail. There are several areas for swimming, boating, kayaking and other related water activities. Watershed management has also been included in the update of the Plan. The Plan discusses the protection and preservation of ag resources through a long-term goal of preserving 50,000 acres of land in the County. Currently, there ~re approximately 25,000 acres of ag land that have been protected through the various programs offered in Washington County. Commissioner Myers made an inquiry regarding the timelines for adopting the Plan. There was a brief discussion regarding the timeline for this Plan as well as the Comprehensive Plan update . Staff noted that a draft of the Plan was sent to the State prior to the July 1st deadline and the State had numerous comments and changes due to new regulations that were being implemented . Staff has kept the State informed of our progress. 190 Consensus: The Planning Commission, by consensus, has given staff the authority to forward this Draft to the State for review and approval. Solar Energy Generating Systems Discussion As additional information related to the previous discussion about solar energy operating systems, Mr . Goodrich explained that SEGS are not permitted , even by special exception, in Priority Preservation Areas, Rural Legacy Areas or permanently preserved agricultural easement areas. SEGS are permitted on some agricultural land. He also explained that local government does not have review authority and cannot deny SEGS [depending upon size] because they are regulated by the Public Service Commission. However, the County does have regulations in place and therefore continues to monitor these issues because it soon may be possible to have local concerns included in PSC approvals . New legislation may make changes to local review and regulation in the future . Mr. Kline briefly discussed the viewpoint of the utility company with regard to local approving authorities. Mr. Goetz reiterated his concern with regard to the hazards to wildlife. UPCOMING MEETINGS 1. Monday, January 8, 2018, 7:00 p.m., Washington County Planning Commission regular meeting , Washington County Administration Building, 100 W. Washington Street, Room 2000 , Hagerstown , Maryland ADJOURNMENT Commissioner Myers made a motion to adjourn the meeting at 8:45 p.m . The motion was seconded by Mr. Goetz and so ordered by the Chairman .