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HomeMy WebLinkAbout1978 MinutesO':l ~ C'Jc:o ~ ~ The regular meeting of the Washington County Planning Commission was held on Monday,January 9,1978 at 7:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache,Linda H.Daniels,Fred H.Younkins,William Wolford.Mr.Frush arrived at 7:30 P.M.,and Mr.Herbst at 7:40 P.M.Not present:W.Keller Nigh.Staff: Executive Director Jack S.Hawbaker,Associate Planner James B. Witherspoon,and Department Secretary Verna M.Brown. The meeting was called to order at 7:00 P.M. MINUTES The minutes of the regular Planning Commission meeting of December 5,1977 were approved as written on a motion by Mrs.Daniels and seconded by Mr.Younkins.So ordered. ADDITION TO AGENDA On a motion by Mr.Wolford and seconded by Mrs.Daniels,the Commission voted to include a request for addition to the agenda the following three items:Western Union,request for a variance to the Washington County Subdivision Ordinance under Section 405 12 B;Ernest M.Dodson request for a variance to the Highway Plan under Section 107;and North Spring Apartments for Preliminary and Final and Site Plan Approval. So ordered. r'NEW BUSINESS Jack Keely -J.R.Oliver Company Consideration was given for the request from Mr.Jack Keely_to permit access from the Marsh Pike (Primary Highway classification) to serve a one lot subdivision for Mr.J.D.Earl Martin. The Commission voted on a motion by Mr.Bache and seconded by Mr. Younkins to approve the request for a variance to the Highway Plan under Section 107 of the Subdivision Ordinance.Mr.Wolford and Mrs.Daniels voting no -.Request Denied. Reverend Paul Hawbaker -S.Florence Palmer Upon consideration of a request from Reverend Paul Hawbaker for a variance to the Highway Plan under Section 107 of the Subdivision Ordinance.The Commission voted on a motion by Mr.Wolford and seconded by Mrs.Daniels to approve this request under Section 107 of the Washington County Subdivision Ordinance.Mr.Frush abstained. So ordered. Request from Jack Harbaugh -Re:Ernest M.Dodson After consideration of a request from Mr.Jack Harbaugh for a variance to the Highway Plan under Section 107 of the Subdivision Ordinance for a fifteen (15)acre subdivision with improvements on Chestnut Grove Road,the Commission voted on a motion by Mr.Frush and seconded by Mr.Wolford to grant the request for a variance under Section 107 of the Subdivision Ordinance.So ordered. North Spring Apartments -Preliminary,Final and site Plan Approval After a lengthy discussion and upon review of the plat file the Commission voted on a motion by Mr.Frush and seconded by Mr.Herbst to have the staff grant Preliminary and Final approval to the North Spring Apartments,Section B,based upon the following: 1.A surveyor's certificate be shown on the Preliminary and Final plat. 2.A note indicating a 25'right-of-way dedication for the street. 3.Approval from the Board of Zoning Appeals in reference to Section 10.6 (b)(35%impermeable surface)• 4.All necessary approvals from the City of Hagerstown. So ordered. OTHER BUSINESS Historic Sites Survey -Progress Report Mrs.Paula Stoner Dickey reported to the Commission that all field work has been completed and that there were a total of 1315 sites. Mrs.Dickey pointed out that out of this figure only 641 are re- searched and on file in duplicate with the Maryland Historical Trust. Recognizing the schedule of April 1 the remaining 674 sites would have to be condensed.Mrs.Dickey requested that she be allowed to continue working past the April 1 deadline as long as the money was available. Mrs.Dickey's date of completion for the study is predicated by June 30,1978. It was the concurrance of the Commission that Mrs.Dickey be allowed to continue with the study until such time as the money allotted was depleated.It was also concurred with by the Commission to advise the Washington County Board of County Commissioners of the completion date of June 30,1978 and advise that Mrs.Dickey would be available at that time for services to the incorporated towns if so desired. SUBDIVISIONS U-Haul Upon consideration of the plat file the Commission voted on a motion by Mr.Herbst and seconded by Mr.Wolford to approve the site plan for the U-Haul Corporation.So ordered. After review of the plat file and making the owners aware of the possibility of not being able to subdivide the remaining portion of this tract,the Commission voted on a motion by Mr.Herbst and seconded by Mr.Wolford to grant Preliminary and Final plat approval to the U-Haul Subdivision.So ordered. It was requested by the Commission that the owners receive a copy of the approval letters pointing out the possibility of not being able to subdivide the remainder of the tract. Fort Frederick Mountain View Estates Upon consideration of the subdivision plat the Commission voted on a motion by Mr.Bache and seconded by Mr.Wolford to grant preliminary approval to Fort Frederick Mountain View Estates subject to the con- dition of attempting to work out an agreement with the County Engineer for the location of driveways and receiving the report on the water quality from the Washington County Health Department.So ordered. On a motion by Mrs.Daniels and seconded by Mr.Wolford the Commission voted to have the Final Plat for Fort Frederick Mountain View Estates brought before the Commission for their consideration of final approval So ordered. Western Union A request was made by the Western Union Corporation for a variance to Section 405.12 B of the Subdivision Ordinance in order to place an antenna on the property to complete their satellite communication program. is;, 00 Nro ~ C!:l On a motion by Mr.Herbst and seconded by Mr.Wolford the Commission voted to grant approval to the request for a variance to Section 405.12 B under Section 107 of the Washington county Subdivision Ordin- ance.So ordered.Mr.Frush voting no. A request was made by the Commission to have the Western Union Corporation hold a public information meeting on their intentions for use of the subdivision. COMMUNICATIONS Letters of Extension of Time for Consideration of Plats: The following plats were granted a thirty day extension of time for consideration by the Planning Commission,oo.,a motion by Mr. Frush and seconded by Mrs.Daniels.Richard Bowers -February 13,1978,Jack Cline -February 26,1978,Conococheague Manor - February 26,1978,Susan Cruze -February 15,1978,John Easterday - March 2,.1978,McMullan Graves-February 17,1978,Londontowne - February 27,1978,and a twelve month extension for Beaverbrook Section B&E -January 31,1979.So ordered. Letter from J.Russell Robinson It was brought to the attention of the Commission by the Executive Director that a letter had been received from J.Russell Robinson. Tpe letter was to inform the Commission that a public hearing will be held at the municipal building for the Town of Hancock on Janu- ary 11,1978 to consider whether the property owned by Norhan,Inc. should be allowed to annex into the Town of Hancock. Letter from Maryland Geological Survey The Commission was informed by the Executive Director that copies of the topographic map of Washington County are available to the members if they so desire. Letter from State Highway Administration It was brought to the attention of the Commission by the Executive Director that a letter was received by the Maryland State Highway Administration asking the Planning Commission's participation in having all plats showing dedicated Right Of Way sent (by the State Highway Administration)to their District Right Of Way Office.That office would prepare a property deed to accept,in fee simple,the dedication. The deed would be forwarded to the Planning Office to be signed by the property owner at the time the record plat is signed.In return the signed deed would then be sent back to the State's Right Of Way Office for their records. On a motion by Mr.Frush and seconded by Mr.Wolford the Planning Commission voted to have the Executive Director send a letter to the State Highway Administration informing them that due to the time limit for consideration of subdivision plats,it would be im- possible for the Planning Commission to participate in this process. So ordered. SUBDIVISIONS Charles Daymude -Simplified Upon consideration of the plat file tb~Commission voted on a motion by Mr.Herbst and seconded by Mr.WolIor~~"approve the simplified plat for Charles Daymude.So ordered. OTHER BUSINESS Rezoning Schedule -1978 The Executive Director handed out copies of the Rezoning Schedule for 1978 to the Commission members in attendance. Planning Advisory Board The Commission concurred to have a joint meeting with the Washington County Planning Advisory Board on Tuesday,January 31,1978,at 7:30 P.M.in the second floor conference room of the County Office Building to discuss the status of the Comprehensive Plan. On a motion by Mr.Wolford and seconded by Mr.Frush,the Commission voted appoint Ms.Judy Dale to the Advisory Board to the Planning Commission.So ordered. Law Suit -James A.Short VS.Planning Commission A background of the James A.Short Subdivision was given to the Commission by the Executive Director and the Commission was informed that this case would go to court.A hearing date has not yet been set. Capital Improvements Program -Progress Report The Executive Director informed the Commission that guidelines for the Capital Improvements Program were"adopted by the County Commissioners and that a meeting will be held by the County Administrator this week to distribute copies of these guidelines. Mr.,Frush requested that he be informed of the time and place of this meeting. Simplified Plat Procedure Review The Executive Director gave a brief review of the simplified plat process to the Commission in preparation of the meeting to be held with the Washington County Health Department on January 10,1978. Resignation On a motion by Mr.Frush and seconded by Mrs.Daniels the Commission accepted with regrets the resignation of Alan R.Musselman,Planning Director and appointed James B.Witherspoon,Associate Planner,to the position of Acting Planning Director.So ordered. The Chairman Eequested that a letter be sent to Mr.Musselman expressing the Commission's regrets and appreciation for a job well done. TRANSFER On a motion by Mr.Frush and seconded by Mr.Wolford,the Commission approved with"regrets the transfer request from Verna M.Brown; Department Secretary.So ordered. Mr.Frush requested that a letter be sent to Mrs.Brown expressing the Commision's regrets and their appreciation for a job well done. ADJOURNMENT The regular meeting of the Washington County January 9,1978,was adjourned at 11:20 P.M. followed. Planning Commission, Executive Session t1J 8~A IV.Bache,Chairman CiJ ~ IN :::0 W:.:J ~ The Regular Meeting of the Washington County Planning Commission was held on Thursday,February 9,1978,at 7:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache,Linda H.Daniels,Martin L.Snook, William E.Wolford,'and Fred H.Younkins.Staff:Executive Director Jack S. Hawbaker,Senior Planner James B.Witherspoon,Margery Koenig,Associate Planner and Marion Snyder,Executive Secretary.Absent:Donald R.Frush and John Herbst. The meeting was called to order at 7:00 P.M. MINUTES: The Chairman requested that the Minutes of the regular meeting of January 9,1978, be corrected to reflect proper motions as pertains to Commission action on a request for a variance by Jack Keeley,Oliver Company,and the preliminary plat of Ft.Frederick Mountain View Estates. On a motion by Mr.Wolford,seconded by Mrs.Daniels,the Commission voted to accept the Minutes of the January 9 meeting as corrected.So ordered. AMENDMENT OF AGENDA: On a motion by Mr.Wolford and seconded by Mr.Younkins,the Commission voted to include on the agenda for consideration,a request for a variance by Mr.and Mrs.Paul Seilhamer.So ordered. Requests For Variances Under Section 107: David Cottingham: Mr.Cottingham appeared before the Commission requesting consideration of a variance under Section 107 of the Subdivision Ordinance to permit transfer of a parcel of land situated off the Clear Spring Big-Spring Road with access pro- vided by a private lane.It was pointed out that access could be gained by creation of a lane to serve the lot,but was more easily accessible by the existing private lane in terms of safety as well as convenience. The Commission,in granting the request for a variance to the Subdivision Ordinance under Section 107,recommended that a 25'strip of land running adjacent to the existing private lane to the highway be included in the proposed transfer in order to comply with the requirements of the Ordinance.Motion by Mrs.Daniels and seconded by Mr.Younkins.So ordered. David Wharton: On a motion by Mr .Wolford ,second,ed bi Mr.Younkins;the Commission voted to grant Mr.Wharton's request for a variance under Section 107 of the Subdivision Ordinance to permit access to a parcel of land from Fairview Road which is proposed to be conveyed to him and his wife by aniriullediate fiunily member.So ordered . Mr.and Mrs.Paul Seilhamer: It was pointed out that the Commission in July of 1976 had granted a variance to permit access via a private road in the Fairview Acres Subdivision.Mr.and Mrs.Seilhamer are nowre<tuesting an additional division of the remaining :1.32_ acres.'There is 'an existing dw~lilng on the portion proposed to be conveyed. In granting the request for a variance under the requirements of Section 107 of the Subdivision Ordinance,"the Commission cautioned that the requirements of the Health Department would have to be satisfiedas pertains to the septic area on the remaining undeveloped portion:'Motion -WMr:Ybujikiris ~secoriaedoyMr. Wolford:.So ordered.'..... o OTHER BUSINESS: Antietam Battlefield -Proposed Land Acguisition: In bringing the Crnnmission up to date as pertains to the proposed land acqui- sition for expansion of the Antietam Battlefield, Mr.Wi thersfoon-r~:E~:rj;ii"Ced"i:1i.e~repoit orthe-Aii:HetamNilHon-a:r13ii'tt lefi ela.Aa~ visory Committee-which was submitted in 1972 along with a map depicting the 55 involved property owners and their desire for acquisition by--easemerit or -ree-simpre:--°!Ie polriied.oirt.that th-e mapsii6mitted bythecorilJIiitt.eeand the one prepared by the National Park Service corresponded with the exception of some lands that have since changed hands.It was pointed out that the Compre- hensive Plan contains a policy which provides for protection of the Battlefield area. Following an informal discussion with Mr.Romanowski of the National Park Service and Marion Morris of Senator Mathias!office,the Commission requested that copies of the current expansion bill be sent to them for further consider- ation at the meeting which is scheduled for February 13. Subdivision Plats: Londontowne,Section "B"-for Final Approval: -Upon review of the plat file information and correspondence from the City of Hagerstown and the Health Department,the Commission voted,on a motion by Mr.Wolford and seconded by Mrs.Daniels,to grant Final Approval subject to proper form of approval from the Health Department being included in the file . .So ordered. Marvania Heights,Sections 1 and 2 -Preliminary and Final Approval: It was pointed out that Section 1 of Marvania Heights has received approval by both the Health Department and the County Engineer and that Section 2 has not been approved by the County Engineer nor the State Highway Administration for driveway sight distances because of the incumbent weather. On a motion by Mrs.Daniels and seconded by Mr.Younkins,the Commission voted to grant Preliminary Approval only to Section 1 of Marvania Heights,contingent upon approval by the .State Highway Administration for driveway locations.So ordered. On a motion by Mr,Wolford,seconded by Mr.Younkins,the Commission voted to grant Preliminary Approval to Section 2 of Marvania Heights,subject to approval by the County Engineer and State Highway Administration.So ordered. COMMUNICATIONS: Letters of Extension for Plats: The following subdivision applications were granted a thirty day extension of time for consideration by the Commission on a motion by Mr.Wolford,seconded by Mr.Younkins: Fox and Associates:McMullen Graves Farm to March 26,1978;Conococheague Manor, Section "B"to March 26,1978;Fort Frederick Mountain View Estates to March 26, 1978.J.H.Seibert:Richard Bowers to March 13,1978;Ira Pike to March 20, 1978;John Easterday to April 2,1978;North Spring,Section 2,to March 28,1978, requested by Kamber Engineering.So ordered. Additionally,Fort Frederick Mountain View Estates was granted the request for a thirty day extension of time with the original conditions standing for the final approval process.(Reference to Minutes of Ja~uary 9,1978).Motion by Mrs.Daniels,seconded by Mr.Wolford.So ordered. Letter from Corps of Engineers: A letter from the~OT~5 of Engineers,dated January 11 was read byt~~oE~ecutiye Director F::'e!1~ill:forniftt}:o.ii~0f"1:Jie:Co_mmiSsI6ri-;-.relafivet."o °tl1§j;)t1.blic _he'!.rin/>.s_o __. ;.~",:ie opinion survey conducted inOregar,Cfo'water-'suppi"y-problems in the _me1::ropolit:il1=-a-rea.::-fh-eta.~ulation=aii.dcoiiipilationof the survey was traii.-smitted to the Commission office and is available for inspection. (!j C"':l C\I CO t:.t:l ~ COMMUNICATIONS,CONTD: Letter from Maryland Historical Trust: A letter dated December 19,1977,from the Maryland Historical Trust was brought to the attention of the Commission in regard to their endorsement of the policy declared in the 1977 Generalrjevelopirieii.tPlaii~orthe~Ba.ii1iiiore RegionaTPTa.nning-Cotriicil-reIaHve-To-m-an~a:gement of the region's resources and urging that similar policies for well-planned development in sequence with orderly provision of public services and facilities be adopted and im- plemented throughout the State. Hr._fj<t"':~ll!er was directe_dto __prepa!<la.!epl)'.to._the MarylandHi~to:r~ca.l_Trust for theChairman's signature in regard to theCounty's policies in this matter, and in vi.ewof-thesafeguards now provided ,was the opinion orthe·Commission ~t_h~to_.I1c:>.pa:r_t_i.ctll.ar_:r~solu1:.:lQ!1was _r.eQUire<C aTthrs-tTriie;.-----"~--.--------.-- Subdivision Plat: Susan Cruze: It was brought to the attention of the Commission that this application has received numerous extensions of time for consideration because the Health Department has been unable to obtain satisfactory water samples,and subse- quently has been disapproved by that agency due to groundwater contamination. On a--motion-byMi:s~Daniels an(f-secc'-ndedby~lr .Wolford,tile CommISsion-voted to disapprove the=piat file.So ordered. A general discussicinfollowed in regard to establishment of some sort of time limitation as pertains to extensions of time:- OTHER BUSINESS: Proposed Geohydrological Study: The Executive Director brought to the attention of the Commission,correspondence fromMI'.William Davidson,Water Resources Administration,in which it was ----reques"tedofthe County Commissionersthattechn:i.calreview-be-·provided for a-·proE~~e§geohydrologicalfield study of Washington County:~.-.- The Commission determined that no Commission action should be taken until such time that the information can be expanded upon,and urged that those members who were able,attend the County Commissioner's meeting on the 14th, at which time 141''-Davidson is scheduled to present the proposal -tbthe Board, tin.d E~presentatives of the Homebuilder's Associat'ibn. Proposed Solid -Waste Plan AmendInents: The Commission,having reviewed the proposed Solid Waste Plan amendments, recommended that some very minor changes be made and their comments be dir- ected to Mr.Wiederhold who conducted the report.It was suggested that prior to presentation to the County Commissioners,the proposal be forwarded to the Committee who are presently engaged in evaluating City/County policies and procedures. Mr.Wi!herspoon brought to the attention of the Commission,H,B.502 which is now in legislature relating to landfill location as pertains to zoning clas- sifications,and asked for a position to be taken on the matter.It was requested by the Chairman that a position statement be prepared by the staff in regard to the Bill and forward these recommendations to the County Commis- sioners. Potomac River Shoreline Legislation: The Executive Director pointed out that action had been taken by the County Commissioners in regard to the proposed legislation and that no action by the Commission was necessary in this matter. ,'1 OTHER BUSINESS:,CONTD: Proposed Zoning Ordinance Amendments: The Executive Director brought to the attention of the Commission,two proposed amendments to the Zoning Ordinance which the staff thought appropriate to be included in the rezoning cycle,one having to do with floodplains and the other dealing with impervious .surface areas in the "PI3","PR",and "RM"bisf:dcts.·- .Itwas-poiriied oiii -inaf-Correspondence--fi'omfne-Federal:rnsurance Administration indicated that in order to remain eligible for coverage under the Federal-Floo.d Insurance'Program,minimum standards must be met by _MaY.I_:.Pointing...c>..'ol!~h.llt _ ..t:!le_Z011.i I1.K 0s.dLn_a"l1<:.e _l'.r().":i<ie~fo r Jequi..!'."'!Il~l1:t:~~~2C~~.!lPt ..fOT ..deL~I1.e a t.ion__o;Ltr:E>__.__ 1.00ye_aLfloo_dplain,Mr.Hawbaker asked that he be permitted to prepare an amendment to the Zoning Ordinance to be taken to-public hearing.Noting that requirements for impervious surface-a:reasiri-some zoning districts were unduly restrictive,the Executive Director also requestedi:hatinTsalso be prepared for public hearing. On a motion by Mr.Wolford,seconded by Mr.Younkins,the Commission directed the staff to prepare :proposals for amendment to.the Zoning Ordinance as out- lined,for considerationprior J:ob~inLtaken:t:Q..p'ublic_heaJ:"ing.So ordered.-_.,_.-_... P.I.N.Newsletter: Because of the staff workload requirements,the Executive Director requested that the Commission consider a quarterly publication of the Planning Information Newsletter,also cutting down on the number of copies that are mailed. On a motion by Mrs.Daniels,seconded by Mr.Younkins,the Commission voted to prepare and mail the Newsletter on a quarterly basis with the hope of making the publication more comprehensive and informative in nature,and cutting down on the distribution.So ordered. Staff Library -Budget Request: , The Commission directed the staff to prepare a cost estimate for shelving in __ order to catalog,update and provide housing for the many documents accumulated for the staff library.-- Plat Approval Procedures: Following discussion relative to numerous extensions of time for consideration of subdivision plats,and procedural policies previously established by the· Commission which may need·to be·reviewed and updated,the Commission directed the staff to prepare recommendations in this regard and place the item on a workshop agenda for their consideration. Capital Improvements Program: Mr.Hawbaker,reporting on the status of the C.I.P.program,stated that the agencies are still preparing their reports and it was expected that all reports would be returned by the 13th deadline. MEETING DATES: Meetings have been scheduled for March 13 and 20th.Mr.Witherspoon reported that meetings with the Health Department in regard to the simplified plat pro- cess are continuing. ADJOURNMENT: The meeting was adjourned at 10:15 P.M.on a motion by Mrs.Daniels,seconded by Mr.Wolford.So ordered. ==-' ·Y~~J Terrance IV, W&c4 Bach-e,Chairman A Special Meeting of the Washington County Planning Commission was held on Monday,February 13,1978 in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache;Linda H.Daniels,John C.Herbst, Donald R.Frush,and William E.Wolford.Staff:Executive Director Jack S.Hawbaker;Senior Planner James B.Witherspoon and Associate Planner Margery L.Koenig.Not present:Fred H.Younkins The Commission discussed the status of the Comprehensive Plan update and addressed the methods to be employed in revising the Plan from its present format. A motion was made by Mr.Frush and seconded by Mrs.Daniels that the staff proceed with reorganizing the existing Plan in conformance with the example prepared for the Industrial/Economic Development Section of the Land Use Element with the provision that any conflicts with existing material be ap- proved by the Commission relative to changes to policies or recommendations. So Ordered. c::r~ cv::: C\l CO CJ:.::J t:..::l The Commission devoted considerable time and discussion to the proposed Senate Bill for the redesignation and provision for expansion of the Antietam National Battlefield Site. A motion was made by Mr.Frush and seconded by Mr.Wolford that because of the national and local interest in the Antietam Battlefield,a recommendation be forwarded to the County Commissioners that they support and endorse national legislation,local planning ordinances,or other vehicles to protect the Battlefield setting in order to preserve its major historic areas for our national heritage and future generations.Unanimously approved. The Commission also discussed the action it had recently taken in respect to variances granted to individuals seeking relief from the provisions of the , Subdivision Ordinance.Article 107,which provides for modification of regu- lations.was the subject of consideration,and it was the general concensus of the Commission that it should continue to allow latitude in the interp~etation of this section but that in doing so the Commission should maintain consistency in the granting of variances.The staff was directed to study Section 107 in an effort to determine if a revision to the Ordinance is warranted or needed and that the staff should report its findings to the Commission. February 20 was established as the date for meeting with the Special Planning Areas Committee to discuss the work performed by that Committee and to review the recommendations and policies for the areas concerned. February 27 was designated as the date for the joint meeting with the Planning Advisory Board as a reschedule of the January 31 meeting that was cancelled. Mr.Wolford requested the staff to ascertain that Judy Dale,who has recently been appointed to the Advisory Board,be notified of the meeting. At 10:30 P.M.Mr.Frush moved that the meeting be adjourned. LO 60e-/t~~,_ Terrance W.Bache,Chairman /~ The regular meeting of the Washington County Planning Commission was held on Monday,March 6,1978 at 7:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache,Linda H.Daniels,Donald R.Frush, William E.Wolford and Fred H.Younkins.Mr.Herbst arrived at 8:25 and Mr. Snook arrived at 8:50.Staff present were:Executive Director Jack S.Hawbaker Senior Planner James B.Witherspoon and Secretary,Dorothy Shinham. The meeting was called to order at 7;10 P.M. COMMUNICATIONS: Letters from Charles R.Wiederhold,Rei Ditto Farms Regional Park and Sheedy Boulevard: Mr.Wiederhold appeared before the Commission to express his concerns as outlined in correspondence to the Commission Chairman dated February 15,and March 3,1978, in regard to road alignments,_major utili ties,and potential City annexation,as pertains to the New Communi tydevelopment area ilIi.1:i the Ditto Farms Regional Park.- Rel~ativet:o Sheedy Boulevard,he expressed specific concern with the function of the proposed boulevard which allows for double driveway access at 130'intervals and which does not meet the 80'right-of-way requirement of the highway plan, and it vias felt.displaysinade'lllate .curvatures for itspl:tnEeci':ise ...-_.- ____...-.···._'·_'''M_ The Commission voted,on a motion by Mr.Frush,to refer Mr.Wiederhold's correspon- dence and the datfland -information received,to the County Commissioners,to try to resolve a road system for the future growth of the entire regfonai park area, with the cooperation of the City of HagerstoWn as-perta.ins to their annexation policies,the County Engineer,the owners and developers and other appropriate agencies,and asking that acenterlinebe established for the area based upon the growth expected in the region,also recognizing that the subdivision plat for Londontown has been approved.-.. It was requested that the developer be contacted by telephone immediately and in- formed of this Commission action.The motion was seconded-by Mr.Wolford.Unanimousl approved. North Spring: The Executive Director brought to the attention of the Commission that North Spring was placed on the agenda for general discussion to resolve the problem area that presently exists relative to the concerns of the City of Hagerstown Planning Com- mission and the applicant,and is not being considered for approval at this time. In a summary of events,Mr.Witherspoon presented a status report on the North Spring development,consisting of 150 garden apartment units on which a prelimi- nary consultation was held on December 27,1977,and attended by all appropriate County agencies as well as representatives of the City Planning Department and Water Department.On January 9,1978,Mr.Brinker appeared before the Commission requesting that conditional Preliminary Approval be granted subject to satisfactory completion of all requirements,which was granted by the Commission subject to staff approval at such time all conditions for approval were met.(By reference to the plat file).Correspondence from the City of Hagerstown at that time was placed in the file,in which the City had agreed to accept an annexation petition provided that a title certificate from a recognized Title Attorney be furnished in reference to any mortgages open as pertains to release of the right-of-way.On January 10,the City Planning Commission agreed to review the subdivision once annexation is accomplished.The 'stormwater design has been verbally accepted by the County Engineer.The City of Hagerstown has expressed concern that Haven Road be extended,and secondarily that Outer Drive be improved and dedicated.On February 14,Mr.Brinker met with the City of Hagerstown Planning Commission and stated that he was unable to secure a right-of-way from the adjacent property owner in order to construct the extension of Haven Road,and the City of Hagerstown has expressed further concern relative to the access to the development which lies within the City. Ie was mutually agreed by the County Planning Commission and representatives of the City of Hagerstown Planning and Engineering Department that it would be necessary for the developer to meet with the City Attorney to resolve the required release from the Sun Life Insurance Company for the easement on the strip of property adjacent to the proposed development to satisfy the requirements of the City for a secondary access ancito;;egotiai:·e-;';:i.th~th-e-i::ountyCommissioners for surety to ensure satisfactory C'~ Ci":: INco W ~ completion of both pri~a~y and secondary access to the satisfaction of both City and County requirements.It was pointed out that the Planning Commission's condition relative to paragraph 4."All necessary approvals from the City of Hagers- town",still stands as a condition of approval.It was suggested by Mrs.Daniels that it may be beneficial for the Commission members meet with Mr.Brinker at the development site for an on-site review prior to further discussion of the plat file. NEW BUSINESS: Massey Ford Subdivision and Site Plan: Following discussion of plat f_~~~in:f'()rJllatioIl_in_regflrd_to conflicj;ing c()mments f'rom_ the Soil Conservatioii---DTstr1ct and the County Engineer in regard to standards for -s-f6rmW"afeireferifion ;-jJHi-C-ornmissionvoted;o"ria motion by Mr.Frush and seconded by Mrs.Daniels to grant approval to the site plan and subdivision approval with the stipulation that the conflicting comments of the two agencies be worked out in the grading permit system for erosion and sediment control.So ordered. OLD BUSINESS: Geohydrologic Survey Proposal -WRA Representative: Mr.William Davidson,State Water Resources Administration,explained for the infor- mation of the Commission the programs evolving for water quality management to facilitate strategic planning and provide liaison with local government and citizens for solu- tions to problems of groundwater pollution and other problems relating to water quality and quantity._The ~(l:r:ylandGeologic_al Survey in cooperation with the County and Water Resources Administration proposes to prepare a series of terrain capability maps using existing information.and information obtained in the field relative to depth to bedrock,slopes and.c __soilsinfoTInation in an atlas map package,consisting of a series of overlays,and which could include available well log data.The proposed study is intended to prOVide specific information,as opposed to general information now being uti_l_~_zed by planners,developers and engineers. Following consideration of all facets of this proposal and hearing the opinions of both State representatives and representatives of the Homebuilder's Association, the Commission voted,on a motion by Mr.Herbst and seconded by Mrs.Daniels,to recommend to the Board of-County Commissioners that a Task Force be appointed for the purpose of proceedirigwith the initial phase of the Geohydrological Study.It was also recommended that the task Force be comprised of members of the community to include interested civic groups,Homebuilder's Association,Planning Staff, League of Women Voters as well as others who have been involved 'iii-committee ad:iV--- ity with the Plan revision.Motion carried. COMMUNICATIONS: Water and Sewerage Plan Amendments: Two requests were brought to the attention of the Commission relative to amendment to the Water and Sewerage Plan:Ditto Farms Regional Park,dated February 8,1978, from Charles R.Wiederhold,Park Planner in which it was requested that the plan classification be amended from S-4 to S-3;and Dr.and Mrs.Vincent P.Smith,Tax Map 36,Parcel 128,requested by H.'W~Gilbert,dated February 6,1978,to be re- classified from W-7,S-7,to W-4 or W-3 and S-4. Following discussion of concerns expressed by the staff in regard to the manner in which recommendations are made and forwarded to the County Commissioners for amend- ment of the Water and Sewerage Plan,the Commission voted,on a motion by Mr.Frush and seconded by Mr.Wolford,that the two requests as stated above,be forwarded to the County Commissioners with astaff recommendation,and that a policy for scheduling procedure for periodic review andrecommendirt:Lonbepreparedby the staff for"con~'- sideration by the Commission as pertains to any future requests for amendment.So ordered. Letters of Extension -30 Days: Marvania Heights,Section 1 -April 6,1978;Marvania Heights,Section 2 -April 12, 1978;Richard Bowers -April 13,1978;Ira Pike -April 20,1978;John Easterday - May 2,1978;Conococheague Manor,Section B :ApriL2f),J,9Z!l;.J'L.l'red",rick M911Ut<lln \Ti",,,,_Es ta:te s_=Apri l.ztJ,__1 ~78~.]~iIb.1I'J,~a_r:tIn=Ma.L:z.L J97 8",.Jhe_(lto~ej;0i.IlJLreqllest~ for_:j,__3JLg1lJl:_"E'):J(.1:"e!l~i9n .of time were granted with expiration_dates as indicated,on _a motion by Mrs.Daniels,"setonded by Mr.Wolford.Motion carried with Mr.Frush abstaining. • COMMUNICATIONS,CONTD: Letters from Alan Musselman relative to the Comprehensive Plan and from Richard A. Gucker,Department of State Planning,as pertains to the C.I.P.were placed on the agenda for information of the Commission,requiring no action. OTHER BUSINESS: Work Schedule: The work program schedule will be considered at a later meeting as well as Budget and Rezoning Cases. ADJOURNMENT: The meeting was adjourned at 11:10 P.M.on a motion by Mr.Frush and seconded by Mrs.Daniels.So ordered. MEETING DATES: Monday,March 13,1978 4:00 P.M.-Annual Budget Review Monday,March 13,1978 7:00 P.M.-Rezoning Hearing -Court Room #1 .~W>(!~ ~ ~TERRANCE W.BACHE,CHAI RMAN "" The Washington County Planning Commission held their regular meeting on Monday, April 3,1978 at 7:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache,Linda H.Daniels,Donald R.Frush, Martin L.Snook,William E.Wolford,Jr.,John C.Herbst.Not present:Fred H.Younkins.Staff:Executive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon,Associate Planner Margery L.Koenig and Marion Snyder,Secretary. The meeting was called to order at 7:05 P.M. .At._therequ"st.oftlleEj(e<:'tl1:ivepirectgr,1he His_to:dcal Sites Survey was placed on the agenda for discussion under Other Business,on a motion by Mr.Frush, seconded by Mr.Wolford.So ordered. SUBDIVISION PLATS: Request for Variance under Section 107: Wilbur Martin and Wife to James Iobst: Cb 00 C\} c:or:u 1;.!:J Upon consideration of the request for a variance to provide access to a proposed 2 lot subdivision of land for agricultural purposes by means of a 17 1/2\R.O.W.for each, the Commission voted,on a motion by Mr.Frush,secondedbyMrs.Daniels,to grant the request,.authorizing.Mr ..Martin to proc~e<:lund,,:r._tlle provisions of Section 107 of the Subdivision 'Ordinance.So ordered. ·Thelma Clark: Upon consideration of a request from Mrs.Clark to extend a right-of-way across her property to provide access to a parcel to be conveyed to an immediate family member,the Commission voted,on a motion by Mr.Frush,seconded by Mr.Wolford,to grant the"reqtlest for a variance under the provisions of Section 107 of the Subdivision Ordinance.So ordered. NEW BUSINESS: Clear Spring -201 Facilities Plan: Mr.Ed Norman,Fellows,Reed and Weber,appeared before the Commission to apprise them of the procedure to -apply for a grant application as pertains to the Clear Spring 201 Facilities Plan and the relationship of the Plan to the County's Comprehensive Plan and Water and Sewer Plan,and 201 Facilities Plan.It-was pointed out that the Clear Spring Planning Commission should be contacted for·' their input as pertains to their C~nprehensive Plan and Programs for the Town "o:fCfear Spring. Site Plan -Plwmner Construction: .,_,Upon revielY...9f]Jl.<i1:.JUe..J:I1E?!'Jll(':tion under the provisions of Section 19.3 (b)of the Zoning Ordinance which provides for Commission review of development in the Highway Interstate District,the Commission discussed a proposal for screening and buffering area as agreed upon by the Plummer Construction Company and the State Forester.On a motion by Mr.Frush,seconded by Mrs.Daniels,the Com- mission voted to approve the general location of screening shown on the site plan and to support the recommendations of the State Forester as pertains to height, distance,and type of trees to be planted to provide the necessary screening and buffered areas according to established guidelines.. Following further discussion,the motion was amended by Mr.Frush,seconded by Mr.Herbst,to revise the site plan to change the location of screening to buffer the proposed storage of materials area to run parellel to 1-70 and to show a 75'buffer of the already wooded area.So ordered. On a motion by Mr.Frush,seconded by Mr.Herbst,the Commission voted to approve the site plan,as amended.So ordered. The plat will be revised,resubmitted and return to the Commission with all re- quired information shown on the site plan. OTHER BUSINESS: Flood Plain Requirements -F.I.A. The Executive Director introduced Mr.Rick Kinard,Federal Flood Insurance Administration regional office,Ms.Margery Whilden from Water Resources AdministrationancrMs;-Sa.rah Frye of Congressman Byron I s office.Mr.Haw- baker explained the Federal Flood.Insurance requirements to include the 100 Year Flood Plain proposal relative to'amendment of the County I s Zoning Ordinance in order to remairi-eligibTeTor flood insurance under'the program.This would require:1.The wording be changed to reflect the 100 Year Flood Plain require- ment in accordance with HUD regulations;2.That the ordinance be expanded upon to reflect background information of the Flood Insurance Administration-requIrements; Mr.Frush pointed out that it was believed that the two floods experienced in Washington County in the past were considered to be an approximate estimate of the 100 year flood plain,and that the present ordinance prohibits any structures for human habitation were not permitted in the flood plain as delineated along the waterways. Mr.Kinard explained that detailed studies were made in areas where the most development was likely to take place within the next five to ten year period, and that computerized information based upon past.flooding were used to determine approximated areas in other locations where it was felt that concentrated development would not be likely to occur.He explained that the area desig- nated as Zone C delineated areas where no flooding was likely to occur,Zone B delineates the 50 year flood plain,and Zone A designates the 100 Year Flood Plain.He also stated that he was bound to the requirements set forth for complying with HUD requirements for delineation of the 100 Year Flood Plain, unless it can be proven otherwise by the County that the Federal Insurance Study is in error,and that Federal funding would not be available for anything in the flood plain.Mr.Kinard summarized previous meetings with various officials of the County in regard to eligibility of flood insurance in February of 1975, again in September of 1975,to explain the purpose of the study and on November 3,1976,presented the final study to the County meeting with County officials, the Planning Commission and the Department of Permi ts_and Inspec.!.ions.The study then went out for a 90 day appeal period,and.advertised in.Collnty newspapers, at which time no appeals were filed.Mr.Kinard pointed out that the only basis for an extension of time allowed is where the Federal officials are at fault as pertains to the procedure to be followedinnot:i:ficatj.gnto theC:ounty ,which has been done,with options to the County being-amendment oftl1.e Zoning Ordinance ----through the pUbl-ic~hearingprocess and adoption by the County Comm1Ssioners by- May 1,or loss of flood insurance eligibility,with no Federal funding available. Based upon the discussion,a motion was made by Mr.Frush that the Planning Com- mission and the County Commissioners -request a 10 claY -delii,V;-ancCpos's:Lblemonies be providedio look atallit"aUitbledata'co'ordinated for the Zoning Ordinance---' and Maps ,Corps of Engineer I s studies,and the flooa-insurance maps to see if the necessary information is available.Seconded by Mr.Wolford. After further discussion,th.e'-motf6riwas revised to state that the County Com- missioners be asked to go through whatever channels were appropriate in order to,get a 90 day extension on the adoption of the requirements for federal inc surance and that that answer be sought within 10 days time.Motion was made by- Mr.Frush,seconded by Mr.Wolford.Mrs.DanielS voted "No".So ordered. rioiiowing--further lengthy discussIon,a motion w~Lnlade biMr.illoiford-,~seconded --by-Mr',-Herbst;-to forward"a-recommendation to the County commi"ssioners tomorrow, that the material maileclout to the Planning Commission dated March 31,under Division 4,use of flood plain areas"be adopted for a proposed zoning amendment, including the maps and known as the Federal Flood Insurance Study,pointing out the May 1 requirements for adoption.' TheE,J(ecutive Director requested"certain-changes -be'madeta theprop6secl amend~ ment to be__recornmencied to the County Co,nunissioners and _that a.st;1-:\:emenfwas necessary-as pertains t6-fhe-Board'-of-Appeals granting of variances to thc"e'----~ Zoni!J,K_O!dinance as pertains to ~ecial exceptions-inthe floodway. Revisions:Change in paragraph 1 of Section 22.4,1972 to 1977.Delete (Fl), (F2)and (F3)from 22.4 B,1,2 and 3.Delete word "Yet"in 3.Delete (A) under Section 22.41 B.Change wording to 1.and reword.Section 22.42 heading: Special Exception Uses in Floodway Fringes and lor Approximated Floodplain (Requiring Board Authorization After Public Hearing). CJ';J ~ N oj w.::l <::J Flood Plain Requirements/FIA,(Cont'd.) On a motion by Mr.Wolford,seconded by Mr.Herbst,.the Commission voted to forward a recommendation to the County Commissioners that they proceed with public hearing to adopt the Flood Insurance Program,including the changes in the Zoning Ordinance to comply with the requirements.Mr.Frush voted''No'',"Mr .SnooK abstained..Motion carried.'..'...-"......, A motion was made by Mr.Frush to have the Chairman and two members of the Commission brief theCo\1ntyConunissioners the"dayfollowing this action and tnen set as inePlanning Commission to make recommendations on alternative approaches to comply with the amended proposal.Motion died for lack of a second. CORRESPONDENCE: Letters of Extension for Plats for Thirty Days: North Spring,Section II,expiration date April 27,1978;Conococheague Manor, Section "B",extended to May 26,1978;Ft.Frederick Mountain View Estates, extended to May 26,1978;McMullan-Graves Farm,extended to May 26,1978; Marvania Heights,Section 1,extended to May 6,1978;Marvania Heights,Section 2,extended to May 12,1978;Timber Ridge Heights,"East",Lots 15 and 15A, extended to May 27,1978;Richard Bowers,extended to May 13,1978,and Ira M.Pike,extended to May 20,1978. The motion to approve the requests for a thirty day extension of time for consideration by the Commission was made by Mrs.Daniels,seconded by Mr. Herbst.Mr.Frush abstained from voting.So ordered. Letter from Robert E.Kuczynski: Letter from Mr.Kuczynski addressed to Mr.Richard F.Brinker,dated March 10, 1978 was brought to the attention of the Commission for informational purposes in regard to requirements by the City of Hagerstown as pertains to North Spring, Section 2,with no action being required. Letter from Secretary of State Planning: A letter from Secretary Wahbe,Secretary of the Department of State Planning was discussed relative to a State Department of Planning proposal for a State Data Center to provide delivery of census products to large numbers of users. Action was deferred pending further information from the State. OLD BUSINESS: Geohydrologic Study -Proposed: Mr.Frush,as Chairman of the Geohydrologic Study Task Force,brought the Commission up to date on the status of the Task 'Force and the activities of the group thus far. Planning Commission Grievance Procedures: Noting that the Planning Commission may adopt Grievance Procedures as modified from those outlined in the County Commissioners procedures,the Commission voted,on a motion by Mr.Herbst,seconded by Mrs.Daniels,to adopt the Procedures as outlined.So ordered. New Community Boulevard Centerline: It'was brought to the attention of the Commission that the New Community Boulevard Centerline was included in the County Engineering Department's C.I.P.Program for two consecutive years in the amounts of $50,000.Mr.Frush requested that the Park Planner's letter relative to the establishment of the centerline be answered so that he will know that the 'pal'1<pIallwill have fo be redesigned. OTHER BUSINESS: Historical Sites Survey: The Executive Director brought the Commission up to date on the status of the Historical Sites Survey,stating that the Survey is not completed,and that approximately 400 more forms need to be filled out to contain the data from the field survey and that a map is yet to be prepared showing the lo- cation of the sites as a part of the contract agreement.This would require another $1,000 in local funds to be matched by State funding.There remains in the Planning Commission's current budget,$394.00. A motion was made by Mr.Frush,that the Commission seek enough monies for an approximate 30 days of work to complete the survey and map,provided the monies can be found within the Commission budget and matching funds from the State with priority given to completion of the map.Seconded by Mr.Wolford.Following additional discussion,the motion failed with Mr.Wolford and Mr.Herbst voting "No". It was the concensus of the Commission that Mr.Frush be authorized to seek funding for additional work on the Historical Sites Survey,provided money could be found other than the remainder of the funds in the consultant's line item of the budget. On a motion by Mrs.Daniels,seconded by Mr.Herbst,the Commission voted to direct Mrs.Dickey to prepare the required map,utilizing the $394.00 remaining in the Commission's allocated budget.So ordered.. ADJOURNMENT: The meeting was adjourned at 11:00 P.M. lerrance w.bache,Chairman ~w,~ '.T .. Cb C':1 eN c:'Cl t:.LJ e,::l The second part of a two part regular meeting of the Washington County Planning Commission was held on Monday,April 10,1978 in the second floor conference room of the Court House Annex, Present were:Chairman Terrance W,Bache,Vice-Chairman John C,Herbst,Martin L, Snook,Donald R,Frush and William E.Wolford.Not present:Linda H.Daniels and Fred H.Younkins.Staff:Executive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon,Associate Planners Margery L.Koenig and James Brittain,and Marion L.Snyder,Secretary.Health Department Representatives:Dr.Paul V.Joliet, "Jam~s A.Ro~ney,Stanley Bond and Dave"Barnhart.Advisory Board:Judy Kline. The meeting was called to order at 7:10 P.M. NEW BUSINESS: Simplified Plat Process: A summary report of the meetings held between the Planning staff ~nd representatives of the Health Department was presented by Mr.Witherspoon.The purpose of the meetings was to resolve differences between the two agencies because of problems encountered in the simplified plat review process.Since the number of simplified plats has become equal to the number of development plats approved,it was felt that .the process,in most cases,is contrary to the original intent of the Subdivision Ordinan·ce in view of the tYres of""situations that have been encountered,such as inadequate reserve areas for septic systems and inadequate water supplies.Other problems have been encountered as pertains to State Health Department regulations requiring Health Department review of all plats except for those intended for agricultural purposes and of more than 3 acres not involving any new street or pro- vision of access.Three different types of simplified plat procedures have been identified in the review process:Type I.Subdivision of property with existing improvements;Type II.Subdivision of property for conveyance between adjacent land owners;and Type III.Subdivision of property with no existing improvements and not to an adjacent owner. The staff recommended that Type I plats be sent to the Health Department for review and treated as a plat for development which will require an approving signature of the Health Officer for adequacy of minimum oWnership area.Type II,should be continued as a simplified plat,but should be sent to the Health Department and perhaps to other agencies as appropriate for informational purposes.The Department of Health representatives are in agreement with these recommendations. It was suggested by Dr.Joliet,that a list of exemptions for Health Department review be sent to the State Department of Health for their consideration.It was pointed out that the Board of County Commissioners are anticipating a recommendation to come back to them to resolve the problems discussed.It was the concensus of the Planning Com- mission and the Health Department representatives that another meeting should be held to work out the exact wording of the proposed requirements and to further resolve an agreement as pertains to Type III simplified plats. For the record,the Chairman noted that as of 8:00 P.M.,a quorum of the Planning Commission was present. The meeting was reconvened at 9:15 P.M.following a five minute recess. MINUTES: On a motion by Mr.Wolford,seconded by Mr.Herbst,the Commission voted to approve the minutes of the regular meeting of March 6,1978 as written.So ordered. OLD BUSINESS: Geohydrologic Study -Proposed: Mr.Frush,as Chairmffil of the Task Force for the proposed Geohydrologic Study,informed the Commission that the Task Force was scheduled to appear before the County Commis_ sioners on April 11,to present their findings to them,which are to hire Wright and Associates for the purpose of review of the State's proposal versus the Consultant's at a cost of $1,900 to determine what is most beneficial for the County.Mr.Frush was directed to proceed as outlined. OLD BUSINESS,CONTD: Rezoning Cases RZ-173 and RZ-174: A staff report and recommendation was presented to the Commission for Kadotom Devco,Inc.,Case No.RZ-173,petitioned by Tom M.Davis for the reclassification of a 51.73 acre parcel.Existing zoning is "A"Agricultural,the requested zoning "PR"Planned Residential.A public hearing has been held on March 13,1978,con- cerning the subject rezoning classification.Based upon testimony heard,th~wri~t~n report presented by the petitioner and the findings of the original staff report, the Planning Staff recommended that the application for rezoning be approved, subject to the following: 1.That the applicant establish a termination date for the current shale operation to allow sufficient time for planning the proposed development with the most current topographic information,and 2.That the applicant and his consultant work closely with the Planning Staff and other agencies in designing the Official Development Plan in order to address those concerns which were raised during the preliminary consultation held prior to the public hearing. The staff also stands on the original premise that there has not been sufficient change in the character of the neighborhood to warrant this rezoning,however,it is felt that the applicant's presentation and further review by the staff has made a reasonably good case for there having been a mistake in the original zoning. On ~motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to recommend approval of the request for a rezoning classification from "A"to "PR",based upon the staff findings and recommendation.It was requested that along with the recom- mendation for approval of the request,that the reasons for doing so be outlined to the County Commissioners.So ordered. A staff report and recommendation was presented to the Commission for William Snook, Case No.RZ-174,for a proposed rezoning classification from "RU"Urban-Residential, to "RM",Multi-Family Residential,for which the staff findings were that there was not a mistake in the original zoning,and therefore recommended that the request be denied. On a motion by Mr.Wolford,seconded by Mr.Herbst,the Commission voted to forward a recommendation to the County Commissioners that the request for a rezoning clas- sification from "RU"to "RM"be denied,based upon the findings of the staff report. So ordered. Historic Sites Survey: A letter was read from Mrs.Paula S.Dickey in regard to the termination of the Historic Sites Survey.A status report of the survey work was outlined,survey equipment,and completion of the map which is still required under the terms of the contract between the Planning Commission and the State. Mr.Frush stated that he felt the Commission would be remiss in their duty if they do not get a qualified reproduction as to majClLhisJQric.sites,:D1lingout those sites that are of least value to the County and to .ide~tify ~xamples by per~od, with a key that can be used by the County and State officials for planning purposes, and in accordance with the original contract.Mr.Frush requested that the survey be authorized to continue to complete the U.S.G.S.map,and completion of the 400 remaining sites based upon funds being provided from a Federal,State,or existing .County budget source. On the basis of finding what funds might be available,a motion was made by Mr. Wolford that Mr.Frush be authorized to proceed and obtain funding to complete the requirements of the contract with a deadline established for June 1.Seconded by Mr.Snook.So ordered. Water and Sewer Plan Procedures: A memorandum from the Executive Director relative to requirements for annual review and revision of the Water and Sewerage Plan,was discussed by the staff and Commission. The report advised of a meeting between the County Commissioners and Mr.Clise, Director of the Bureau of Sanitary Engineering,State Department of Health and Mental Hygiene,including issues such as the need for a program to address the pro- blem of contaminated wells,unification of the 201 Facilities Plan and the need for O';J C";) C\l CO W C!:J Water and Sewer Plan Procedures,Contd: central coordi.nation of efforts of various agencies.It.was pointed out that the process of final adoption of amendments to satisfy the immediate review requirements can be begun in the near future,and can be considered at the next meeting of the Planning Commission and sent to the County Commissioners with a recommendation for adoption.Following this procedure,the County would then enter into an update of the Plan which will be the first of the tri-yearly reviews. Also discussed was a procedure for review outline prepared by·the staff for the revision of the Water and Sewerage Plan....-... On a motion by Mr.Frush,seconded by Mr.Herbst,the Commission voted to approve the outline which is the criteria to be used in the evaluation of each case to be considered for reclassification,with cyclical review process taking place everysixmonths.So ordered.-.-..-.----...-.----.... Further discussion followed as pertains to agreement between the City of Hagerstown and the County Commissioners in regard to water and sewer provisions,and the inclusion of facilities included into the County's Capital Improvements Program. Park Planning: Upon approval of the Commission,the staff requested that the Park Planner be assigned to the Commission office. On a motion by Mr.Frush,seconded by Mr.Wolford,the Commission directed that the Chairman forward a letter to to the Parks Board on behalf of the Commission, requesting that their existing Park Planner staff be assigned to the Planning Commission to continue the park planning on the Ditto Farm and Halfway Park with any available time to be utilized for Planning Commission activities.So ordered. Advisory Board Status: Judy Kline,Acting Chairman of the Advisory Board to the Planning Commission, advised the Commission that the next meeting of the Advisory Board would be held on Wednesday,April 12,for the purpose of election of officers as the first priority of business.She also stated that the Board would like to rewrite the guidelines and by laws for submittal to the Planning Commission for their approval. Program Schedule: A Program Schedule for the Comprehensive·Plan revision was distributed for the Commission's consideration.Following discussion of the work program outline, and time element involved in preparation of the Plan for publication,distribution and public hearing,staff activities concerned with preservation of agricultural land and the solid waste plan,the Commission agreed to direct the staff to proceed as outlined. ADJOURNMENT: The meeting was adjourned at 10:50 P.M. ~.U!et~ Terrance W.Bache,Chairman ' The regular meeting of the Washington County Planning Commission was held on May 1, 1978,at 7:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache,Vice-Chairman John C.Herbst,Linda H. Daniels,Donald R.Frush,Martin L.Snook,William E.Wolford,_and Fred H.Younkins. Staff:Jack S.Hawbaker,Executive Director,James B.Witherspoon,Senior Planner, and James Brittain,Associate Planner. The meeting was called to order at 7:00 P.M. MINUTES: The minutes of the meeting of April 3,1978 were approved as written on a motion by Mr.Frush,seconded by Mr.Wolford.So ordered. The minutes of the meeting ofApril 10,1978,were accepted as written on a motion oy Mrs.Daniels,seconded by Mr.Frush.--So·o'rder·El([--.---..---.-..- NEW BUSINESS: Requests For Variances Under Section 107: Williams-Warrenfeltz: A request for a variance was heard relative to a proposed transfer of land by Mrs. Williams to her son-in-law consisting of approximately 1 acre of land,which is not served by a public road and for which acce-g·i·is requested by means of a 60'·- right-of-way owned jointly by Mrs:Wi 11 iiuns a.nClthe Board of Education.The right-of-way is maintained by the County under agreement between the County Engineer, the County Commissioners and the Health Center. On a motion by Mr.Younkins and seconded by Mr.Wolford,the Commission voted to grant the request for a variance of the Subdivision Ordinance under the provisions of Section 107.So ordered. Lee R.Clanton: A request for a variance was heard relative to a proposed transfer of two lots to immediate family members to permit construction ofaright-of~way across parcel C to serve parcel B,from an existing access lane off Route '63 (secondary highway), thereby avoiding another residential access.-·- On a motion by Mr.Frush,seconded by Mrs.Daniels,the Commission voted to grant the variance under the interpretation of the Subdivision Ordinance as pertains to Section 107.So ordered. Gregory Tyler: On a motion by Mr.Frush,seconded by Mr.Wolford,the Commission voted to variance to the provisions of the Subdivision Ordinance under Section 107, conveyance of a 20'right-of-way to serve a lot with an existing dwelling. Thrift Loan Corporation: grant a to permit So ordered. The Commission,upon hearing a request by Mr.Whitesell,representing Thrift Loan Corporation to convey a 10 acre parcel of land,using a proposed future access as shown on the simplified plat under consideration,voted to grant the request to permit access as proposed and requested that the access be spelled out in the deed and shown on the plat to be recorded in order to guarantee access to the 10 acres so conveyed,based upon future development plans for the remainder of the original tract.Motion by Mr.Herbst,seconded by Mr.Frush.So ordered. Mel Harnish: Pointing out that access to the proposed lot could be provided at the furthermost point of the lot,a request for a variance to the provisions of the Subdivision Ordinance under Section 107 was granted on a motion by Mr.Herbst,seconded by Mrs. Daniels to permit access from the Marsh Pike at the safest point as recommended by the staff.So ordered. Wendell Livengood: Upon consideration of a request for a variance from the 300'distance requirements for access point relative to a lot situated off the Mercersburg Pike,the Commis- sion voted"on a motion by Mrs.Daniels,seconded by Mr.Younkins,to grant the request under Section 107 of the Subdivision Ordinance for purchase of the lot in question since a hardship has been created by the relocation of a bridge over the Conococheague Creek.So ordered. Carl L.Diller: Mr.Cump,as Mr.Diller's representative,appeared before the Commission showing a proposed subdivision of lands to be conveyed by both the development and simpli- fied plat process,portions of which lie in both Pennsylvania and Maryland.Mr. Cump requested a waiver of the requ~ements of the Subdivision Ordinance as pertains to access to lots not fronting a public road for Lots Band C. Notion that the plat will be handled administratively,the Commission voted,on a motion by Mr.Herbst,seconded by Mr.Wolford,to grant the request for a var- iance to the Subdivision Ordinance to permit access to Lots Band C,and was granted permission to proceed with preparation of a plat indicating the proposed conveyances.So ordered. It was the consensus of the Commission that Mr.Cump be permitted to show all lands to be transferred on a single drawing with the proper notes attached for ~each conveyance. ~ ~SUBDIVISION PLATS: ~Ft.Frederick Mountain View Estates: Noting,that the conditions of Preliminary Approval granted by the Commission in January,1978,had been resolved as pertains to Lots 1,2 and 3 in reference to driveway locations,a letter of approiral has been received from the Health Depart- ment as pertains to water quality,and that the plat is now before the Commission for their final consideration,the Commission voted,on a motion by Mrs.Daniels, seconded by Mr.Younkins,to grant Final Approval and asked that the concerns of the County Engineer in regard to placement of signs indicating a "Hidden Entrance" on the north side of entrances on Shanktown Road be satisfied.So ordered. Mr.Frush was not present for discussion or voting due,to conflict of interest. MCMullan-Graves Farm: Upon review of the plat file information and staff report and noting that the County Engineer had granted approval to the Preliminary Plat with conditions relative to submittal of site grading plans for lots 1 through 5 inclusive for attachment to the record plat,the entrance to lot 6 is to be located along the west property line,provision of better,sight distance and expressed concern as tothea<iequacyof Independence and Rockdale Roads to serve'the subdivision be- yond Phase lof the development,'with the recommendation that the Planning Commission addre~s this problem prior to approval of any further development of the subdivision. On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to grant Preliminary Approval to the plat file,asking that the conditions listed by the County Engineer be satisfied on the plat to be presented for final signature.Motion carried with Mrs.Daniels opposed. Woodmoor,Section G: Upon review of plat file information and staff report,iffidnoti.ngtnat ,...._------..-- the County Engineer had granted approval to the application with conditions in regard to site grading plans for lots 5-44,5-46, 5-48, 5-49,S-50,5-52,S-54, 5-56, 5-58,M-22,M-24,and W-lO,the approximate limits of the 100 year flood plain, 16'wide drainage easements between lots W-lO,W-12,5-49, 5-51,5-52 and 5-54, and final roadway construction plans,and that the 50il Conservation District had requested a note on the plat in regard to fill and homes without basements on some lots,and clearing'and regrading of drainage ditch along Halfway Boulevard,the Commission voted,on a motion by Mr.Herbst and seconded by Mr.Wolford,to grant Preliminary Approval on condition that the requirements of the 50il Conservation District and County Engineer are met.Motion carried with Mrs.Daniels opposing. SUBDIVISION PLATS,CONTD: Arthur Snowberger -Simplified Plat: A request was heard from Mr.Snowberger in which he proposes to subdivide a parcel utilizing the simplified plat process,a portion of which is improved by a dwelling which he proposes to sell and retaining a portion with a garage.The Zoning Or- dinance requires that the principal use and accessory use be on the same lot,and does not meet the requirements for lot size. On a motion by Mr.Frush,seconded by Mr.Herbst,the Commission voted to deny the request for approval of the simplified plat and asked that Mr.Snowberger be advised that h_i~:rElC[u_es~_s11()llld_J:l~_directedto the Board of Zoning Appeals.So ordered. Laupert Property: q; The Executive Director brought to the attention of the Commission,an-inquiry from Mrs._Laupert_in__!:ega:r:cito 1.\.po_~tion of her property's i tuated on DoubRoad--nearthE.i---- 1-70 Interstate,which had inadvertently been zoned "IG"Iriaustiial,-Genera1,and sllouidproperiy be---zoned--as --"RSi';-Res:LClE.intTiil. On a motion by Mr.Frush,seconded by Mr.Wolford,the Commission voted to include the rezoning case in the next hearing to correct the mistake.So ordered. COMMUNICATIONS: Letters of Extension For Thirty Days: On a motion by Mr.Frush,seconded by Mr.Wolford,the Commission voted to grant a_thirty day extension of time for consideration of the fOllowing plats: Development:Richard Bowers to June 13,1978;Ira Pike Lot "c"to J\llle 20,1978; North Spring,Section 2 to June 27,1978;Timber Ridge Heights,Lot 12 to J\llle 10, 1978 and Timber Ridge Heights,Lots 15 and 15-A to June 27,1978. Simplified:John Easterday to June 2,1978;Lee R.Clanton to June 23,1978;and Elmer Stone to JUly 3,1978. On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to grant _ _________:l__one_year extension of time for Charlton Acres due to a pending .C:trcllitCourt - case.Expiration of this extension will be May 27,1978.So ordered. UNFINISHED BUSINESS: Geohydrologic Study Task Force: Mr.Frush,as Chairman of the Task Force,reported that work was progressing rapidly on the proposed Geohydrologic Study and that a meeting was being held on May 3,to consider the consultant's draft of the proposal. Flood Insurance Program: Correspondence from the CO\lllty Administrator was read in which it was stated that the CO\lllty Commissioners had adopted the Flood Insurance Program as well as the Ordinance requirements as recommended by the Planning Commission,and requesting that the Commission review the_Fl.()o<.!Insll:r:an~~Re<llli:r::e!!1_e.~~_..ll:s__w_ell __ll:~th"'-J:ounty's Zoning Ordinance in order to'provide requirements for t~~__least rest:r:ictive Ordinance. Following discussion of the requirements of the Federal Flood Insurance Program and problems involved in identifying the 100 year flood plain information on the County's maps,the Commission voted,on a motion by Mrs.Daniels and seconded by Mr.Younkins,that the Executive Director respond to the County Administrator's request informing him that the Commission finds that the County Ordinance is more restrictive in that no structure for humaniulbitat{onis perm:Lttedin the floodway ----fringe-areas ;i~hE.ireas illel'ederal regulations permit such construction in the flood- way fringe providing floodproofing construction methods are utilized.Under the same motion,the staff was directed to prepare a proposed change to the Zoning Ordinance that would bring County standards in line with Federal standards,the proposed amendment of which is expected to be taken to public hearing in September of this year.So ordered. UNFINISHED BUSINESS,CONTD: Historic Sites Survey: Mr.Frush stated that as a result of Commission action,he had a contract pre- pared for the completion of the Historic Sites Survey and asked that signature to the contract be authorized.The terms of the contract call for 23 days of consultant time at $5.29,per hour,typing servi,ces at$4.25 per hour,phone allowance of $20.00,office'equipment 'at $20.00 and completion of mapping at $lL697 .34 ,which would not be paid from the budget and is one-half reimburseable.bLtheS,tiii:e.--.--.,,''"..-,-- . Following a lengthy discussion in regard to the history of the sites survey since its inception in 1973,and discussion of where possible funding might be obtained for an amendment to the present contract to complete the study,Mr.Frush again asked that the Chairman be authorized to sign the State contract:,aridstat:edthat: the cost for completion would be paid out of in-kind services and a commitment for donations to pay for the study without any additional cost to the taxpayers. On a motion by Mr.Wolford,seconded by Mrs.Daniels,the Commission voted to authorize the Chairman to sign the State contract amendment.So ordered. State Data Center Memo: Mr.Hawbaker brought to the attention of the Commission,a memorandum from the ~Department of State Planning relative to the establishment of the Census Bureau's ~program for State Data Centers.No action was required in this regard.C\l ....... '' . ~W.Wallace Taylor Reguest: e,::, Mr.Hawbaker brought to the attention of the Commission,a letter from Mr.W. Wallace Taylor in regard to investigating the feasibility of rezoning of public owned lands.'It was determined that after investigafii)il,the subj ect:was much broader in scope than originally thought and that the matter needs to be studied prior to consideration of amendment.M~,Hawbaker was directed to answer Mr. Taylor's request to the effect that the Commission felt it was premature to take action on his request at this time. Transit Development Plan: Mr.Hawbaker reported that there is now a signed contract between the County Com- missioners and the consulting firm of Henningson,Durham and Richardson for a Transit Development Plan to be completed within 6 months as relates to the study done by'pox arid'Associates in 1975 as pertains particularly to the elderly and handicapped. Water and Sewer Plan Amendments: It was brought to the attention of the Commission,that previously approved amend- ments to the Water and Sewer Plan for Old South Mountain Inn,Stoneleigh Estates, Clear Spring Outdoor School and Colonial Park East would be included in the 1978 update of the Water and Sewer Plan following a public hearing which will be held jointly between the County Commissioners,Planning Commission and the municipalities between now and July 1. Rezoning Cases and Proposed Text Changes: 19.5(c): voted to hearing. On a motion by Mr.Frush,and seconded by Mrs.Daniels,the Commission take the proposed change in text of the Zoning Ordinance to public So ordered. 22.12:On a motion by Mr.Frush,seconded by Mrs.Daniels,the Commission voted to take to public hearing,22.12 and 28.38.So ordered. The Commission established the next meeting date as Monday,May 8,1978. The Chairman pointed out that a system of charting for all items of responsibility in order to keep a checklist of all items for which the Commission and staff are required to act upon. Mr.Witherspoon brought to the attention of the Commission a staff picnic to be held on June 10 and indicated that a flyer will be sent to the Commission members inviting them to attend. The meeting was adjourned at 11:00 P.M. A Special meeting of the Washington County Planning Commission was held on Monday, May 8,1978,in the second floor conference room of the County Office Building at 7:00 P.M. Present were:Chairman Terrance W.Bache,Vice Chairman John C.Herbst,arriving at 8:30,Linda H.Daniels,Donald R.Frush,William E.Wolford,and Fred H.Younkins. Staff:E~ecutive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon, and Marion L.Snyder,Executive Secretary.Absent:Martin L.Snook. The meeting was called to order at 7:05 P.M. CORRESPONDENCE: Letter from Barry A.Teach Regarding Flood Insurance: It was brought to the attention of the Commission that revised Flood Insura~ce Rate Maps ....aIlc:l..-!lo()d Boul1d<lrJ.e~~~J1~..F}oodlvay}'laps ..hadlJeenreceived-f~()nlthe.Department_-~ .of Housing and UrbanDevelopment,which include streams designated as affecting the 'lO(r year floodpla'fn-not previously delineated on the proof maps received on November 1,1977,and for which public hearing had been held on April 25,and consequently adopted.Areas included on the revised maps are:1)Little Conococheague Creek from the Pennsylvania line to a point approximately 650 feet south of the Blairs Valley-Polecat Hollow Road intersection,2)Minnow Run from the Pennsylvania line south to the Little Tonoloway Creek,and 3)Licking Creek from the Pennsylvania line to a pOint approximately 1650 feet south of the line.Public notice has been advertised,announcing the revision,that the maps are available for inspection in the"Commission office and that comments may be submitted as pertains to properties designated in the flood plains until May 19,after which time public hearing will be held to satisfy the legal requirements for the three flood plain designations added. On a motion by Mr.Frush,seconded by Mr.Wolford,the Commission voted that the Executive Director review the revised flood plain maps along with the County Engineer in as much detail as possible,to determine what data is available to support or re- fute constraints as shown within the flood plain.So ordered. Letter from Barry A.Teach Re:Historic Sites Survey: A letter was read from the County Administrator,dated May 4,1978,in regard to the discussion at the May 1,meeting of the Commission and statements made by I,!r.,Frush as pertains to accountability for approval of certification for payment which were sent to the State for reimbursement of the Historic Sites Survey consultant fees,and also to reimbursement for staff time spent in'''parkp1anningand "des:Lgn,"askIng that" these statements be corrected and the record be set straight....•...........' A letter was distributed by Mr.Frush,dated May 8,the purPose ofwhlCli.;'{t was-stated, was to-"furthe:r clarHYstatementsmade'and todEpel anYlllisunderstanalng'sas'a--resuit- of thedisucussion of May L He requested the Comniissionto proc"eeawltl1.-accompiiSl1ing the Commission's motion to sign the contract for completion of the survey study and mapping. Mr.Frush stated that ,aii "amendment ·to 'thestafe cont:ra:ct has been prepared for 50% reimbursement and also a contract with the consultant spelling out a scope of work with the intention being to meet with Mr.Blank to request that 50%of the cost of ,the surv.E'y_..be~rawn from the Library's endowment fund for completion of the contract. He asked authorization for the Commission Chairman's signature on the State contract and requested that a ..per:;()I1.,from the staff be authorized to monitor the work submitted by the consultant. Following a discussion as pertains to the terms of the consultant's contract,state- ment and authorization of payment for the work submitted and completion of the mapping, the Commission agreed,based upon former motion by the Commission that: 1.The contract to the consultant would spell out what would be done in terms of forms completed for each site and accompanying photographs for a specified number of sites and cost;and all necessary information to be supplied to the draftsman for mapping,andin"'invenotryof'al1 sites listed in order by survey number. 2.The Chairman wou1dsignan agreement with the State for-reIffibursementto expire on ..J':"I1.e 30,19i8~io~'co~p1~ti~I1.-Qfth-~;un;:ey-a;~;;tli;;-ed and discussed above.' j:) ~ 01 :';Q:x.:::.,:, UNFINISHED BUSINESS: Simplified Plat Procedure: The Commission reviewed Staff Report #2 which was revised on April 14,1978 as a result of a meeting between the staff and the Environmental Health staff in an effort to resolve differences of opinion as pertains to the review by that agency of simplified plats.Also under consideration was a letter from Dr:Joliet on . .~..thestibfeCt,dated May 2,1978,offering additional comments. ----'.'._'._-.-...-,_•.•......__.._----_.._------_..---,----.--._-.'._----. Mr.Hawbaker pointed out that while the two agencies were in general agreement about the three types of simplified plats which are regularly processed through the Planning Commission,there were still some concerns on the part of the staff as pertains to paragraph 2 on page 1,in r~gard..to the statement by the Health Department that Type I Subdivisions of property with existing improvements will be reviewed in accordance with'Section 10.03.28,with the result that the Health Department may simply state that thepiatTs not in compliance with their regula- tions.The Commission agreed that the paragraph should stay as it is written with a statement added to say that the plat will be reviewed in accordance with the requirements of Section 10.03.28,so that the intent of the Co~nnnissiol1.Js~cLellr in this regard. The Health Department staff and Planning staff are in agreement as pertains to Type II subdivision of property for conveyance between adjacent property owners. Type III subdivisions of property with no existing improvements and not to an adjacent property owner,are generally agreed upon by the Health Department and Planning staff,but it was pointed out that Section 317 of the Subdivision Ordinance would,have to be amended.Paragraph 1,page;:;unCien'-:lTT:-S-impITfied. ..Plat Proce~~.Ee2=.c:!.e}~~e:r:~sT2Ipil.1·agraphaf~erth:e word "di_sc.r~Plln.cie.S"·~~.._~._ ..Paragraph2 .stays as written,paragraph 3 stays as written,Delete paragraph 4, p-aragraphSstays as written ..It was agreed that.the discussion with the HeaLth .Department .had satisfied agency concerns to the greatest extent possible. On a motion by Mr.Wolford,seconded by Mr.Herbst,the Commission voted to adopt the revised staff report #2 as amended.Motion carried with Mr.Frush abstaining. Letter from Robert Brinson: Consideration of Mr.Brinson's letter to the Commission was postponeduni::ilsuch time thathe"canbe -present for'th-e'l:I:scusslon.:···---··- -_..".,--.-...,--,..." Article 107 -Subdivision Ordinance: Mr.Hawbaker reported staff findings in regard to review of the exceptions requested under Article 107 of the Subdivision Ordinance in light of the number of such requests that have been received.As a result of this'review,it was the recom- mendation of the staf£that Ari::icl.e-TOi--remaIn aswri ttel1.'No'actioii requ"ireCi'.,.. Comprehensive Plan -Program Schedule: On a motion by Mr.Wolford,seconded by Mr.Younkins,the Commission voted to accept the proposed work program schedule for update of the Comprehensive Plan and to release the schedule to the public for informational purposes.In regard to the editing now being done,the Commission agreed that it was desirable to review the finished product with a separate listing of the changes that were made.So ordered. Water and Sewer Plan Amendments: •It was agreed by the Commission that a joint public hearing would be held to consolidate all requests for amendment to the Water and Sewer Plan to include all jursidictions involved. ADJOURNMENT: The meeting was adjourned at 10:30 P.M. ~// ij~tv ~~ Terrance W.Bache,Chairman InYo..'{..,,' The regular meeting of the Washington County Planning Commission was held on June 5,1978 at 7:00 p.m.in the second floor conference room of the County Office Building.The following were present: Chairman Terrance W.Bache;Vice Chairman John C.Herbst,who arrived at 7:50 p.m.;Linda H.Daniels;William E.Wolford;and Fred H. Younkins.Staff members present:Jack S.Hawbaker,Executive Director; James B.Witherspoon,Senior Planner;and Jame P.Brittain,Associate Planner. The meeting was called to order at 7:00 p.m. MINUTES: On a motion made by William E.Wolford and seconded by Linda H. Daniels,the minutes of the regular meeting that was held on May 1, 1978 were approved as written.So ordered. The minutes of the special meeting held on May 8,1978 were approved as written on a motion made by Linda H.Daniels,seconded by Fred H.Younkins.So ordered. NEW BUSINESS: variance Requests (Section 107) Robert Lewis -requested a variance from the 300'access point separation on a secondary road for a parcel of land (located along the Mt.Aetna Road),which is being conveyed to him by his aunt,Mrs.Edgar P.-Eyler.With the condition that Mr.Lewis locate the access as far as possible to the east on the proposed lot,consistent with safety, the Commission granted the variance on a motion made by Linda H.Daniels and seconded by Fred H.Younkins.So ordered. Kathryn Sheridan -in her request for a variance on a lot located along the Chestnut Grove Road,Mrs.Kathryn Sheridan pointed out that the only feasible access is an existing lane that serves both her home and an existing trailer.The Commission approved access for subdividinS the lot on this private lane,with the understanding that the variance from the minimum three-acre lot size would have to be sought through the Board of Zoning Appeals.William E.Wolford moved that this variance be granted and Fred H.Younkins seconded the motion.So ordered. Gregory Tyler -also requested a variance to the requirement for 300'between access points on Broadfording Road on a lot to be conveyed to him by his father-in-law,Ollen Ottis Craig.Motion was made by Fred Younkins,seconded by William E.Wolford to grant this variance. So ordered. COMMUNICATIONS: Letter from Robert S.Brinson -Mr.Brinson,Director of the County Department of Permits and Inspections,presented his concerns that previously had been submitted via his letter dated April 13,1978, in which he asked that the Planning Commission put into writing the necessary guidelines to show the scope of activities and the extent of authority to be delegated to his department under the terms of the Zoning Ordinance,Article 24,paragraph 24.1(a).Chairman Bache and Mr.Hawbaker will draft a letter to answer point-by-point the questions Mr.Brinson has raised so that the two staffs may coordinate their work. Letter from Fox and Associates/Plummer Construction -Fred Papa of Fox and Associates and Louis Plummer of Plummer Construction requested a clarification of the County Highway Plan which affects the proposed roads in the Robinwood area,specifically Brightwood Acres,Plummer Con- struction's development.It was decided that their request for a variance from Future Collector Road and Secondary Road requirements that are indicated through the development on the County Highway Plan could not be approved until an amendment to the Highway Plan is offi- cially adopted by the County Commissioners.Jim Witherspoon was Page 2 -Minutes of Planning Commission Meeting,June 5,1978. COMMUNICATIONS:(Continued) :5':l :"':I N :0 ;,rJ :!:l instructed to pursue the current study of the area that is underway by the City Planning Staff,City Signal Department,the County Engineer, and the County Planning Staff in order to make a recommendation to the County Commissioners for an amendment to make the County Highway Plan more practical and workable not only for Brightwood Acres,but through- out the entire suburban area east of Hagerstown.Jim Witherspoon is to inform Fox and Associates as to the progress of the study so that a preliminary plat can be submitted for Planning Commission review. In regard to their request for a variance relative to the distance between driveways off Mt.Aetna Road,it was unanimously approved to grant this request--motion made by John Herbst,seconded by Linda Daniels.So ordered. Questionnaire from Soil Conservation Service -The Planning Staff was instructed to complete the Soil Conservation questionnaire which the Planning Commission had received from Barry Teach.This question- naire resulted from the Resource Conservation Act and listed items of concern and their degree of concern,major or minor,covering various items with which the Soil Conservation districts deal. Letter from Clyde Roberts -Clyde Roberts presented his request fo~a change (from S-l to S-3)in the Water and Sewer Classification for his property located at 219 North Colonial Drive in order that he may continue to use his private sewage disposal system instead of hooking onto public facilities.Both the Health Department and the City Water Pollution Control Department agree that this change should be made.Linda Daniels made a motion and William Wolford seconded it that the Planning Commission make a recommendation to the County Com- missioners to approve this request.So ordered.Mr.Herbst abstained from voting on this since he was not present for the entire discussion. Letter from Annette G.vanHilst -Housing Coordinator Annette G. vanHi1st requested a reclassification in the Water and Sewer designa- tion for Fenton Avenue-Conococheague Street in the Williamsport area (from S-6 to S-3)to allow for the application for the Block Grant Program to be pursued for this area.The Health Department and the Sanitary District office concurred that this reclassification should be made.William Wolford made the motion and Linda Daniels seconded it to send this request to the County Commissioners.So ordered. Letter from Board of Realtors -Roland G.Hebb,President of the Greater Hagerstown Board of Realtors,Inc.,requested two more realtors be placed on the Planning Advisory Board.The Planning Commission de- ferred any action pending a firming up of the composition of the Planning Advisory Board,which has somewhat disintegrated over the past several months.Judy Kline,Chairperson,agreed to work at reorganizing this group,and as soon as a firm membership is established,the Planning Commission will take action on the request. Letters of Requests for 30-Day Extensions -On a motion by Linda Daniels,seconded by John Herbst,the Commission voted to grant 30-day extensions for the following subdivision plats: Simplified -Donald Griffith (SI-78-35),extended to 7-24-78; Preston Showalter (SI-78-31)to 7-11-78. Development -Paul Jenkins (S-78-29),extended to 8-1-78; Beaverbrook,Section B,Final (#386)to 7-9-78; Bernard Drabkin (S-78-25)to 7-26-78; Calvin G.Pryor (S-78-33)to 8-3-78; Richard Bowers (S-78-128)to 7-13-78; Ira Pike (S-77-148)to 7-20-78; North Spring (S-77-149)to 7-27-78. Page 3 -Minutes of Planning Commission Meeting,June 5,1978. OLD BUSINESS: Park Planning -On motion made by John Herbst,seconded by William Wolford,Jack Hawbaker was authorized to proceed with the necessary letter to Barry Teach,County Administrator,to transfer Charles Wiederhold from the Parks and Recreation Department to the Planning Department.So ordered. Geohydrologic Study -Jim Witherspoon reported that the Geo- hydrological Task Force was scheduled to meet with the County Commis- sioners on Tuesday,June 13 to present the proposal submitted by the consultant and to request approval and funding. B &0 Railroad Abandonment -After discussing the decision on April 21,1978 by the Interstate Commerce Commission to permit the Chessie System to abandon a portion of the Hagerstown Branch between Weverton and Roxbury Junction and the Security Station area and Security Junction area in the vicinity of Hagerstown,a total distance of 25~miles,the Planning Commission decided they would not recommend any action be taken in pursuit of acquisition of any of this property for establishing bike or recreation trails until the County Commissioners were made aware of the two main elements in the consideration for any acquisition,the first being the cost consideration and the second being the determination of ownership through title research.State and County governments have first right of refusal of any rail property offerings within a 120-day period.This item was tabled until more information can be gathered as to whether the County wishes to pursue the matter. Historic Site Survey -The County Commissioners will consider at their session on Tuesday,June 6,the extension of the contract to conclude this survey.On motion made by John Herbst and seconded by William Wolford,Chairman Bache was authorized to follow through with orders that are to come from the County Commissioners. Flood Insurance Program -Mr.Hawbaker reported that he had checked with the County Engineer as directed by the Commission at the previous meeting to determine if more definitive information was available for the three streams included on the final copies of the FIA Flood Rate Maps that were not on the proof maps.The check with the Engineer showed that the FIA maps are more definitive.The next required action will now be for the County Commissioners to hold a public hearing to consider the inclusion of these three streams into the floodplain system for the County.No further Commission action was necessary. Maryland Population Projections - A review of the latest population projections for Washington County,submitted by the State Department of Planning,revealed a definite improvement over the preliminary figures that were forwarded to the Planning Commission last November.There are still reservations,however,concerning the projections for the various employment industries.It appears that they do not reflect the present level of employment nor the projected level of employment for the County.No action was needed,but the Planning Commission will continue cooperating with the State office in order to eventually bring the projections in line with the true employment level. SUBDIVISIONS: Canteen Services -The Commission reviewed the plat for a parcel to be conveyed by the Hagerstown-Washington County Industrial Foundation to Canteen Services.The parcel is located in the Interstate Industrial Park,off Interstate 81.John Herbst made a motion and it was seconded by Fred H.Younkins to grant preliminary approval of the plat.John Herbst moved and Linda Daniels seconded it that final approval be granted.So ordered.(S-78-32) ,." :":l :\l::a .J:.::! '..::J Page 4 -Minutes of Planning Commission Meeting,June 5,1978. OTHER BUSINESS: Request for Maps -John Herbst made the motion and Fred Younkins seconded it to authorize Jack Hawbaker to purchase maps that are needed--three (3)reproducible sets of U.S.G.S.quadrangle maps for Historic Site Survey and office use;a reproducible of the baseline map for the Comprehensive Plan;two (2)reproducible sets of zoning maps.So ordered. Special Planning Areas -Jim Witherspoon reported that progress has been made as a result of the Workshop Meeting held with the resi- dents of the Edgemont Watershed area on Saturday,May 20.Agreement was reached on all issues except for zoning.The Committee feels that one more meeting will enable them to make a recommendation to the Planning Commission as to what action is needed. NEXT MEETING: The next month's meeting will be held on Monday,July 10 at 7:00 p.m. ADJOURNMENT: The meeting adjourned at 10:55 p.m. ~wg Terrance W.Bache,Chairman 'I., The regular meeting of the Planning Commission was held on Monday,July 10,1978 at 7:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache,Vice-Chairman John C.Herbst,Thomas W. Dwyer,Martin L.Snook,William E.Wolford,Jr.,and Fred H.Younkins.Not present: Linda H.Daniels.Staff:Executive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon,Associate Planner James Brittain and Marion Snyder,Executive Secretary. Also present were:Judy Kline and Walt Bailey of the Advisory Board. The meeting was called to order at 7:00 P.M. MINUTES: In regard to the Commission's discussion of the Antietam Battlefield area,Mr.Wolford brought ·to the attention of the Commission that as a result of the discussion at the last meeting,the Commission had intended that this area should not be considered as a Special Planning Area and asked that the minutes be changed to reflect this intent. On a motion by Mr.Wolford,seconded by Mr.Snook,the Commission agreed to delete the second paragraph under Special Planning Areas on page 4 in reference to the Antietam Battlefield.So ordered. On a motion by Mr.Younkins,seconded by Mr.Snook,the Commission voted to accept the Minutes of the meeting of June 5,1978 as amended.So ordered. NEW BUSINESS: Requests For Variances Under Section 107: Russell J.Neff,Jr.: M:r'Neff.appeared Jl<Jfore the (;ommissioll reqtlesting a variance.fr()m the,ded1ca.Eion..require- ments under Section 107 of the Subdivision Ordinance in regard -t6-a transfer orlana--fO,--.:.i:j-l.~=pury~se_of-straigKt(J~lng =tlle:-r;rope-rty-TineCifthel ofs--Iri-cll.lesU6n;-.--...--------- On a motion by Mr ..Wolford,seconded by Mr.Younkins,the Commission voted to concur _with the requestfor a variance andwaive the -cIeaicatfonreqtlireInentsbftneSubdlVi~ sioii··Ord:l.nancetmder-Sect:l.oniO't .--So ordered.---- ."---.-~--- Emory Draper: Mr.Draper appeared before the Commission requesting a variance under Section 107 of the Subdivision Ordinance to permit conveyance of a 5 acre tract to his daughter for which access is proposed to be provided by purchase of road frontage from an adjoining property owner. On a motion by Mr.Snook,seconded by Mr.Herbst,the Commission voted to grant a vari- ance under Section 107 of the Subdivision Ordinance to allow the requested conveyances SUbject to:1.Verification that the road in question is a County road;and 2.The plat shall bear a statement to the effect that the conveyance is to an immediate family member.So ordered. RZ-180: A staff report and recommendations were considered by the Commission relative to RZ-180 for which publi.,c__hearing was held on June 12.Rezoning of the residential property from "IG"to ''RS'',as recornmencied by the staff,was protested by Potomac Edison at the hearing on the grounds that it should remain "IG"as a buffer area in the event of future expansion of their storage area. On a motion by Mr.Herbst,seconded by Mr.Younkins,the Commission voted to forward a re~o~~ndation to the County Commissioners that RZ-180 be approved for rezoning to "RS"..So ordered.Mr.Wolford abstained. Subdivision Plat -Robert Hoffman,Lots "A"and "B": Baseaupon the recommendations·of the staff that the simplified plat submitted for parcels "A"and "B"by Mr.Hoffman should be submitted as a plat for development,the Commission voted to disapprove the application on a motion by Mr.Herbst and seconded by Mr.Wolford.So ordered. '".l :";) "'1 ::'::Cl .:.:1 '';' COMMUNICATIONS Reguests For Extensions For Thirty Days: On a motion by Mr.Snook and seconded by Mr.Younkins,the Commission voted to grant a thirty (30)day extension to the following subdivision plats:(with the exception of Robert Hoffman,Lots "A"and "B"which was disapproved by previous action). Woodmoor,Section "G"-to August 29;Richard Bowers to August 13;Ira M.Pike Lot "C"to August 20;Beaverbrook,Section "B"to September 9;Northspring, Section 2 to August 27;Opequon II,Lot "B"to September 2;Clarence Pike, Lot "C"to September 5;and Donald Griffith to August 24.The Executive Dir- ector was requested to contact Mr.Brinker in regard to progress being made with the North Spring,Section 2 development.So ordered. Letter from Barry A.Teach: A letter was read from the County Administrator for the information of the Com- mission,in which it was related that action taken by the County Commissioners upheld the decision of the Planning Commission to deny approval of the J.D. Earl Martin subdivision plat application by Commission action of January 9, Letter from Martin L.Snook: A letter from Martin L.Snook was brought to the attention of the Commission for their information in which Mr,Hawbaker was appointed as the Washington County contact 'for·the Used Oil Recovery Program. Letter from Fox and AS$ociates -Kenilworth Estates·: Mr.Russell Townsley of Fox and Associates,appeared before the Commission re- questing guidance as to how many lots would be acceptable for approval in the proposed Kenilworth Estates subdivision which was previously considered in it's entirety by the Commission and subsequently disapproved in 1975 due to the inadequacy of Neck Road to serve the development. Following discussion of Mr.Townsley's proposal,it was agreed that a develop- ment concept for the lots would be submitted to the staff for preliminary consultation with all agencies inVOlved. UNFINISHED BUSINESS: Geohydrologic Study: The Executive Director reported that the County Commissioners have made a com- mitment of local funds toward the proposed Geohydrologic Study for the County, and at the same time advised of the County's policy for consultant selection. Historical Sites Survey: The Executive Director reported that the Historical Sites Survey is being com- pleted as scheduled and that in accordance with the terms of the State contract a sum of $1,000 has been paid to the consultant to date.Invoices for the survey are to be paid upon submittal of a progress report by the consultant subject to review and approval by the Chairman. Flood Insurance Program: • Mr.Hawbaker informed the Commission that the mylars delineating the 100 Year Flood Plain at a scale of 1 -2000 have been received and that the Zoning Maps will be redrawn accordingly at the same scale. Rezoning Cases From June 12 Public Hearing: RZ-177:Section 19,5(c)Text.Am...endm..en.t relat..l.'.ve to the 50'buffer yard re- quirement in the HI District was approi!-ecCforforwarding to the County Commissioners with a recommendation for approval on a motion by Mr.Herbst,seconded by Mr. Younkins.So ordered. Rezoning Cases,cont'd: RZ-178:Section 22.12,relative to off-street parking and parking lot design. On a motion by Mr.Herbst and seconded by Mr.Wolford,the Commission voted to forward a.recommendation to the County Commissioners that RZ-178 be approved. So ordered. RZ-179:On a motion by Mr.Snook,seconded by Mr.Herbst,the Commission voted to withdraw Case·No.RZ-17S:So ordered. --~----------"------,--~-"-,----- NEW BUSINESS: Election of Officers: Nominations for the JlexttermQf"office for Chairman and Vice-Chairman were opened from the floor. Mr.Wolford nominated Mr.Bache to remain in the office of Chairman of the Commission.There being no other nominations from the floor,Mr.Herbst moved that nominations be closed.So ordered. Mr.Younkins nominated Mr.Herbst for the office of Vice-Chairman.There being no other nominations,a motion was made by Mr.Wolford that nominations be closed. Both officers so elected·heing present and indicating their willingness to serve in their official capacity,election of officers for the Commission were closed. Subdivision Extensions -General Problems: The staff reported that problems with extension of time for consideration of subdivision plats has been encountered because of changes in Commission meeting dates and asked that consideration be given to granting authority to staff to give extensions of time administratively as they become necessary,therefore providing greater flexibility in this regard. On a motion by Mr.Herbst and seconded by Mr.Dwyer,the Commission voted to grant authority to the staff to handle extensions of time administratively. So ordered. ADJOURNMENT: The meeting was adjourned at 10:45 P.M. I)J 60e~L • \J :":J \1:0 ,:;:J '.:;J The regular meeting of the Washington County Planning Commission was held on August 7,1978,at 7:00 p.m.in the second floor conference room of the County Office Building.The following were present: Terrance W.Bache,Chairman;John Herbst,Vice Chairman;Linda H. Daniels;Thomas W.Dwyer;William E.Wolford;and Fred H.Younkins. Planning Staff:Executive Director Jack S.Hawbaker;Senior Planner James Witherspoom Associate Planners James P.Brittain and Margery Koenig;Park Planner Charles Wiederhold;and Dorothy M.Shinham, Secretary.Planning Advisory Board:Judy Kline and Walt Bailey. Absent:Martin L.Snook. The meeting was called to order at 7:10 p.m. NEW BUSINESS Requests for variances under Section 107 of the Subdivision Ordinance: Ravenwood Heights,Inc.-Bill Porter,representing Ravenwood Heights, Inc.and Dixon-Troxell Legion Post 211 of Funkstown,requested a vari- ance from the Highway Plan standards on a parcel of land located just outside of Funkstown on East Oak Ridge Drive,a primary highway.He requested exemption from the requirement that there be 500'between public access roads along a primary highway.There would be no access to the property if this requirement were imposed.On motion made by William Wolford,seconded by Thomas Dwyer,the variance was granted. So ordered. Elvan W.Atherly,Sr.-In order to create a lot on a tract that he owns off Timber Ridge Road No.4,Mr.Atherly was granted a variance from the Subdivision Ordinance requirement that a subdivision abut a public road.Motion by John Herbst,seconded by Linda Daniels.So ordered. Donald W.Griffith -Attorney William Knight represented Donald W. Griffith in requesting a variance from the dedication clause of the Subdivision Ordinance.Mr.Griffith desires to subdivide a parcel containing a snack bar which he operates along Harpers Ferry Road south of Sharpsburg.To dedicate 75'from the centerline would place an unnecessary burden on his land and business.Before making a decision on this request,the Commission decided to hear two other cases where the dedication clause could cause a hardship for the land- owner.Those other cases were as follow: Laurence Johns -In Mr.Johns'behalf,Attorney Richard McGrory explained the hardship that would be created if a 40'right-of-way dedication would be imposed on a parcel situated along the Leitersburg- Greencastle Road.The parcel to be subdivided was not intended to be included with the lands that were sold several years ago.Mr.McGrory expressed the opinion that he felt that this triangular parcel should not even be considered a subdivision,and more importantly,if the right-of-way dedication is required,it would place an encumbrance upon the deed,which Mr.McGrory is trying to correct for Mr.Johns. Homer E.Rowland -Raymond Snively of Keller-Stonebraker Company described the location of Mr.Rowland's parcel along Md.Rt.68,east of Lappans Crossroads,pointing out that the required dedication would result in the impractical situation of the right-of-way extending right up next to the front porch of the residence. Mr.Hawbaker stated that,in light of the number of cases of this type that have arisen,he has written a letter to the Attorney General for advisement,and upon response from that office and due considera- tion by the Planning Commission,should be able to make recommendation within several weeks. Thrift Loan Corporation -Mr.Williams,President of Thrift Loan Corporation and owner of a parcel CD)containing 6.31 acres,located off Route 40A,was granted a variance from the requirement that a subdivision abut a public road.Access is to be maintained on an Planning Commission Regular Meeting Minutes August 7,1978 Page 2 Requests for Variances (Cont'd.): existing farm lane until a proposed public road is constructed. Herbst made the motion and it was seconded by William Wolford. ordered. John So Donald W.Burger -Donald W.Burger also requested a variance from the requirement that a subdivision abut a public road.Mr.Burger pointed out that many residences along this section of Woodpoint Avenue were subdivided prior to the Ordinance being adopted.He felt that a variance should be granted to allow him to do the same.William Wolford's motion was seconded by Linda Daniels to grant the variance. So ordered. Request to be placed on the evening's agenda: Russ Townsley of Fox and Associates asked to be placed on the evening's agenda for consideration and perhaps conditional approval on a parcel that Plummer Construction wants to convey for a rental facility estab- lishment in Brightwood Acres.Due to agency problems in reviewing the submitted plat and lateness in getting materials in for background information,and also since this parcel is located in the highway interchange district,Mr.Hawbaker recommended that this item be tabled until the next regular Planning Commission meeting on the 28th of August. UNFINISHED BUSINESS Park Planning -Charles Wiederhold,Park Planner,discussed how park planning inter-relates with the overall planning process and pointed out that interface between the two departments is essential in order to prevent some of the problems that have been encountered-- particularly as at the recently-opened Halfway Park.He explained his role in park planning and stressed the need for coordination of devel- opments adjacent to planned parks.Joe Widmyer,Director the County Parks and Recreation Department,briefed the Commission on funding for park projects and expressed his thanks to the Planning Commission and staff for their splendid cooperation in the past. Geohydrologic Study -Jim Witherspoon reported that the Task Force was scheduled to meet on Wednesday,August 9th,with representatives from several State agencies to discuss funding that might be available from the Environmental Protective Agency (under the 201 Facilities Plan),whose guidelines require a consultant selection process. Historic Site Survey -Jack Hawbaker stated that,for all practical purposes,the Historic Site Survey was completed.The index and the last of the completed forms were delivered by Paula Dickey.The balance of the contract has been paid. New Community Highway Plan -Jim Witherspoon asked that a date be established for a joint meeting with the City Planning Commission to review the New Community Highway Plan which the committee has drafted. August 29th was tentatively set.Chairman Bache emphasized that the whole Plan depends upon complete cooperation between the City and County Planning Commissions.Additional alternatives were to be pre- sented to the Planning Advisory Board at a meeting on August 16 for their comments. Comprehensive Plan -Margery Koenig distributed copies of the draft of the Comprehensive Plan to the members of the Planning Commission for their perusal and subsequent comments,opinions and recommendations. Since a number of requests have come in for copies of the draft, ~ etJ ~ tJJ ~ Planning Commission Regular Meeting Minutes August 7,1978 Page 3 Comprehensive Plan (Cont'd.) Mrs.Koenig asked that a policy be set as to what parts of the draft should be allowed to out and to whom they should be allowed to go before the Plan goes to the general public.It was agreed that the PAB members be included to receive copies of the draft Plan.The Commission will meet on September 7th to give individual, 10-minute critiques of the proposed Plan. Planning Advisory Board -Several more groups were added to the sug- gested list from which composition of the PAB would be made.The current roster was examined and Mr.Hawbaker was instructed to contact the additional groups for possible representatives. OTHER BUSINESS Rezoning Cases -As a result of staff study,several areas of the Zoning ordinance are considered inadequate at present.The following proposed text amendment cases were discussed:RZ-186,RZ-187,RZ-188 and RZ-189.Section 10.6(b)is to receive further study before going to public hearing.It was moved by Thomas Dwyer,seconded by William Wolford that the other proposed amendments be taken to public hearing by the Planning Commission on September 11,1978.So ordered. Request for Office Doors -Linda Daniels made the motion and it was seconded by William Wolford to authorize Jack Hawbaker to request from the County Commissioners that six (6)doors be installed on offices in the Planning Department.So ordered. Hagerstown-Washington County Transportation Study -Copies of the Hagerstown-Washington County Transportation Study that were received from the Maryland Department of Transportation were loaned to the Planning Commission members for reviewing. ADJOURNMENT The meeting adjourned at 10:50 p.m. MEETINGS Joint City-County Planning Commissions,August 30,at 7:00 p.m.in the second floor conference room of the Court House Annex. Comprehensive Plan Draft Summarizations,September 7. Rezoning Hearing,September 11. Regular Meeting,October 2.//b"'h~,i!£A~ The regular meeting of the Washington County Planning Commission was held on Monday, August 28,1978 at 7:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache,Vice-Chairman John C.Herbst,Linda H.Dan- iels,Thomas W.Dwyer,and William E.Wolford.Not present:Martin L.Snook and Fred H.Younkins.Staff present were:Executive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon,Associate Planner-James.Brittain and Marion Snyder,Secretary. Also present were:Dave Barnhart of the Health Department and Walter Bailey of the Advisory Board. The meeting was called to order at 7:05 P.M. MINUTES: The minutes of the meeting of July 10,1978 were approved on a motion by Mr.Dwyer and seconded by Mr.Wolford,sUbject to correction of wording under Emory Draper on page 1 to read . . . .access is to be provided by purchase of additional land from an adjoining property owner.So ordered. On a motion by Mr.Dwyer and seconded by Mrs.Daniels,the minutes of the meeting of August 7,1978 were accepted as written.So ordered. NEW BUSINESS: Requests for Variances: Fountain Head Plaza: A request from Fox and Associates for a variance to the requirements of Section 405, paragraph 12B,under Section 107 of the Subdivision Ordinance was considered for Fountain Head Plaza which had previously been approved as a site plan for Business, General use and for which a subdivision is presently proposed for parcels 3 and 4 as shown on the original site plan.Parcels 3 and 4 are to the rear of the parking lot and served by access across lot 5.The staff recommended approval subject to a note being placed on the plat referencing the approved site plan. On a motion by Mr.Wolford and seconded by Mr.Dwyer,the Commission voted to grant approval under Section 107 of the Subdivision Ordinance to permit subdivision of lots 3 and 4 of Fountahl Head Plaza.in accordance with the approved site plan,and stipulating that a note be placed on the plat to receive final signature of approval in reference'to the approved site plan.So ordered. Joseph Forsythe: Mr.Forsythe requested a variance be granted as pertains to the dedication of right- of-way clause of the Subdivision Ordinance for an existing lot improved by a dwelling on the basis that to do so would bring the access for the lot to be conveyed too close to the existing dwelling.A 25'right-of-way dedication was o·ffered for the adjoining property which is also proposed ·to be conveyed. C.Rodney Cline: Mr.Cline requested a variance to the requirements of the right-of-way dedication clause,stating that the 75'dedication and 40'setback requirements would create a hardship in that it would not permit the proposed dwelling to align with structures on adjoining properties.It was proposed that a 25'right-of-way dedication be accepted by the County to permit alignment. The Executive Director brought to the attention of the Commission that these requests are of the types previously discussed in detail at the August 7,meeting and for which a recommendation has been delayed pending advisement from the office of the Attorney General.Response from that State department offered nO'specific recom- mendations that were found to be applicable in these particular cases.He requested that all relevant cases now be considered by the Commission. The Commission directed the staff to prepare specific wording for changes to the Subdivision Ordinance to add±tionally clarify the dedication requirements and bring their recommendations back to the Commission for their consideration. 1 ~ ~ C\1c:o t:t.:Ie,:, Requests 'for Variances,contd: Donald W.Griffith (by reference to August 7,1978 minutes): On a motion by Mr.Herbst and seconded by Mr.Dwyer,the Commission voted to grant the request for a variance to the right of way requirements.So ordered. Lawrence Johns (by reference to August 7,1978 minutes): The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Wolford to grant the request for a variance as stated by Mr.McGrory on August 7.So ordered. Homer E.Rowland (by reference to August 7,1978 minutes): On a motion by Mr.Wolford and seconded by Mr.Herbst,the Commission voted to grant the request for a variance to the dedication requirements.So ordered. Joseph Forsythe: On a motion by Mr.Wolford,seconded by Mr.Dwyer,the Commission voted to grant the request for a variance to the dedication clause of the Subdivision Ordinance.So ordered. C.Rodney Cline: The Commission voted,on a motion by Mr.Wolford,seconded by Mr.Herbst,to approve the request for a variance to the dedication clause of the Subdivision Ordinance and to accept the 25'dedication of right of way providing a 65'setback from the center- line of the road.So ordered with Mrs.Daniels voting "No". SUBDIVISION PLATS: Beaverbrook,Section "B": Beaverbrook,Section "B"was placed on the agenda for purposes of discussion relative to comments of agencies relative to soil types and high water tables.A letter from Doug Valentine,Soil Conservation Service,was brought to the attention of the' Commission in which it was stated that further tests should be conducted on some of the lots because of seasonal high water tables.It was also pointed out that the subdivision,which received preliminary approval in October,1974,and for which numerous extensions of time have been granted,may have to have pit tests conducted in January or February of next year to determine if a high water table exists on some of the lots. The Commission determined that no action was needed at this time and that no further action by the Commission would be taken until additional comments and information have been'received. Brightwood Acres -Oak Ridge Drive: Upon consideration of Mr.Plummer's application for further subdivision of the Brightwood Acres development to provide a facility for storage of equipment,it was pointed out in staff review that a 60'cul-de-sac was proposed to be constructed to County standards and dedicated with an adjoining property owner sharing in the cost of the dedication.It was recommended by the staff that the 5 acre site plan, and preliminary and final plat application be approved. On a motion by Mr.Herbst and seconded by Mr.Wolford,the Commission voted to grant Preliminary Approval to Brightwood Acres -Oak Ridge Drive subdivision.So ordered. On a motion by Mr.Wolford,seconded by Mr.Dwyer,the Commission voted to grant Final Approval to the plat file.So ordered. Office Suppliers,Inc: The Commission considered an application for Office Suppliers Inc.,which is proposed to be subdivided for a retail sales and warehouse.The 5 acre site plan and subdivision plat is zoned for "BL",and situated on Crestwood Drive.The staff noted a verbal comment from the City of Hagerstown relative to development of the remaining 30 acre parcel of land in the tract and the impact of its development upon Crestwood and Pennsylvania Avenues.The developer stated that no further development was anticipated. On a motion by Mr.Wolford and seconded by Mrs.Daniels,the Commission voted to grant Preliminary Approval to the subdivision application.So ordered. UNFINISHED BUSINESS: Geohydrologic Study: There is no new report on the status of the Washington County Geohydrologic Study. Historic Sites Survey: The Executive Director reported that all historic site survey materials have been compiled and are being prepared to send to the State Historical Trust. New Community Highway Plan: The Executive Director reported that the meeting that was scheduled with the Hagerstown Planning Commission relative to the New Community Highway Plan,was called off by the City because of not being able to obtain a quorum of their members.No alternate date has been set. Staff Report #2,dated August 17 was discussed relative to alternate alignments proposed in the report.It was noted that there was some disagreement between the staff as pertains to the proposed alignment connecting Brightwood Acres and Mt. Aetna Road.It was pointed out that the City of Hagerstown would have to be in- volved in the selection of the proposed alignment and the staff was directed to continue to pursue a date .selection for the joint meeting. Comprehensive Plan: Workshop meetings for review of the draft Comprehensive Plan are continuing. Planning Advisory Board: On a motion by Mr.Wolford,seconded by Mrs.Daniels,the Commission voted to appoint Mrs.Catherine Thompson to the Advisory Board to the Planning Commission.So ordered. NEW BUSINESS: Agricultural Land Preservation RegUlations: Copies of the draft proposed regulations for the Maryland Agricultural Land Preser- vation Foundation,along with a cover letter from Mr.Musselman,dated August 4,1978, were discussed.It was requested in the letter that the Commission review the pro- posed regulations and submit their recommendations and comments by September 8 to the Foundation's Board of Trustees.Mr.Hawbaker stated that he had responded to the correspondence to the effect that not enough time had been allowed to permit adequate staff review,requesting an extension of time for this to be done.He also pointed out that a local'advisory board had been appointed to review and make recommendations in regard to sale of development rights.The Commission directed the staff to review the proposed regulations in comparison with the original bill and bring their recom- mendations back to the Commission for their consideration and action. Bowman Trucking Site: Mr.Hawbaker brought to the attention of the Commission,a violation as pertains to a site plan for Bowman Trucking Company which had been approved by the Commission approx- imately three years ago.At the time of approval,the Commission had stipulated a coniferous hedge be placed along the adjoining property line and also a hedge along the back of the site to provide screening and.buffering from glare and noise.Since that time,there have been negotiations to purchase the propertY,but the owner has not been required to plant the screening.The Permits Department extended the time for compliance until May,but the landscaping has still not been placed.Mr.Hawbaker suggested that action be taken by the Planning Commission to ensure compliance with the requirements of the approved site plan. On a motion by Mrs.Daniels and seconded by Mr.Dwyer,the Commission voted that a letter be sent under the Chairman's signature to Mr.Brinson,Director of the Depart- ment of Permits and Inspections,expressing the strong desire of the Commission that the violation be followed through and requesting a report to the Commission by the next regular meeting date.So ordered. ADJOURNMENT: The meeting was adjourned at 10:30 P.M.~.~../1/,!f~ rrance W.ilache,Chalrman Cf) C" C\!c:o t:.t.'Je,:, The regular meeting of the Washington County Planning Commission was held on Monday, October 2,1978 at 3:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache,Thomas Dwyer,William E.Wolford,and Fred H.Younkins.Not present:Linda H.Daniels,John C.Herbst and Martin L.Snook. Staff present:Executive Director Jack S.Hawbaker,Senior Planner James B.Wither- spoon,Associate Planners James P.Brittain and Margery L.Koenig,Parks Planner Charles WiederhQld and Marion·L.Snyder,Secretary.Also in attendance were:Richard Kinard of the Fe~eral~Flood·Insurance Administration and Robert Kinsley,City of Hagers- town Zoning Office. NEW BUSINESS: Flood Plain Regulations -Richard Kinard: The Executive Director introduced Mr.Kinard from the Federal Insurance Administration, H.U.D.Regional Office to discuss with the Commission ineorpoation of Federal flood plain standards into the County ordinance which would necessitate amendment of the present regulations as a result of the adoption of the 100 Year Flood Plain regulations by the County Commissioners on May 1.The Board of County Commissioners had requested that the least restrictive measures required to enforce the standards be investigated and incorporated into the local ordinance.A model ordinance to provide guidelines in establishing flood proofing techniques to provide for development in the flood plain areas and the administration and implementation of the standards was discussed. On a motion by Mr.Wolford and seconded by Mr.Dwyer,the Commission voted in-ravor of preparation of the required changes to the Zoning Ordinance to reference the ·100 Year Flood Plain Standards,incorporating the guidelines in the model ordinance for flood-proofing techniques and the administrative and enforcement requirements.So ordered. UNFINISHED BUSINESS: .,Geohydrological Study: Jim Witherspoon stated that since there has been no meeting arranged with the Geohydrological Study Task Force,there was no new report at this time,but that he was meeting with Georgina Havlik of the Department of Health and Mental Hygiene and William Davidson,Basin Plan Manager,and would follow up with a report on the results of that meeting to the Commission. OTHER BUSINESS: Water and Sewer Plan Annual Update for FY'79: Associate Planner Margery Koenig presented to the Commission,an outline for major revisions to the County Water and Sewer Plan.Updating of tables, mapping,identification of contaminated wells,administration and text re- visions were discussed.Also discussed were an estimated budget,including personnel requirements,and the Plan as pertains to the '201'Facilities Plan. The Commission directed that the Plan outline be developed in more detail for review at the regular November meeting after which the proposed Plan revision will be forwarded to the County Commissioners for their consideration. Proposed Zoning Ordinance Amendment: Mr.Robert S.Brinson,Director of the Department of Permits and Inspections,presented a request for an amendment to Scetion 22.27 of the Zoning Ordinance as pertains to temporary political signs which are not presently provided for in the Ordinance. On a motion by Mr.Wolford,seconded by Mr.Dwyer,the Commission voted to propose the addition of the new paragraph in the next Zoning Ordinance amendment cycle in December.So ordered. Requests for Variance Under Section 107,Contd: William Seeler Hardy: Mr.Hardy appeared before the Commission requesting a variance under Section 107 of the Subdivision Ordinance to permit development of a one lot subdivision served by a private road,which had previously been approved in November,1973 as a simplified plat.The request was to obtain a building permit using the existing right-of-way to provide access. On a motion by Mr.Herbst and seconded by Mr.Wolford,the Commission voted to grant the request for-a variance to the requirements of the Highway Plan standards under Section 107 of the Subdivision Ordinance.So ordered. Katherine Caffrey: Mr.and Mrs.Caffrey and their realtor,Mrs.Bahlie,appeared before the Commission with a request for a variance to the requirements of the Subdivision Ordinance to allow conveyance of a 3 acre parcel from a larger portion of land to be served by access from a macadum strip known as Clark Road and for which ownership is undetermined. Following consideration of the staff report,the question of the ownership of Clark Road,and concerns expressed by the Commission because of the danger of landlocking the remainder of the original tract of land,the Commission voted, on a motion by Mr.Wolford,seconded by Mrs.Daniels,to return the plat to the surveyor for additional information which the staff may deem necessary for r€view.So ordered. Cora P.Shindle; Mr.David Poole,representing Mrs.Shindle,requested that consideration be given to granting a variance to the requirements of the right-of-way dedication clause in the Subdivision Ordinance,because compliance with the requirement would place the dedication of right-of-way for Showalter Road five feet within the existing dwellings on Lot A which is to be retained and on Lot B which is to be conveyed. On a motion by Mr.Herbst and seconded by Mr.Wolford,the Commission voted to grant the variance to the right-of-way dedication statement requirement for a secondary road.So ordered. Tom M.Davis -Development Plat; Mr.Davis and engineering consultant Gerald Cump,presented a request to the Com- mission in regard to changes in the previously approved planned development plat at Huyetts.The proposed change indicated the industrial area to the south end of the development with its own entrance.Mr.Davis also submitted a list of appropriate light industrial uses for which space may be leased,for the information of the Commission.Also,the shopping center would be placed near the adjacent residential area within walking distance.Mr.Davis requested concurrence with the plan and assurances that there would be no delay with the installation of the waste water treatment plant so that he might proceed with leasing of industrial sites. Following staff comments and discussion as pertains to the percentage of useage for the development plan,the Commission voted,on a motion by Mr.Herbst,seconded by Mr.Younkins to grant approval of the proposed changes to the plan based upon the presentation made,recognizing that site plans will have to be submitted for final approval prior to development of each area.-It was also requested that a concept plan be prepared,particu1arly"'asrelates -,to the industrial--si tes and open space use,and placement of the professional building prior to final submission to the Commission.Motion carried with Mrs.Daniels and-Mr.Wolford voting "No". cr. C":l N CO t'J;J '-' UNFINISHED BUSINESS,CONTD: Right of Way Dedication: Since the Commission has had a number of requests from persons in regard to re- questing a variance to the dedication of right-of-way clause of the Subdivision Ordinance,the Commission discussed this requirements as pertains to development plats on existing and new roads and the adopted Highway Plan standards. Following discussion of the types of subdivision affected by the right-of-way dedication clause and problems encountered in granting requests for variances to this requirement as applied at this time,the Commission agreed that legal authority should be determined as pertains to the dedication clause as stated in the Ordinance ,the meaning of the original statement in the ordinance and how it relates to setbacks,the cause for change from "reserve"to "dedicate"in the original statement,and based upon the information obtained,decide if there is a need to alter the statement.The Commission directed that the County Commissioners and their attorney,through the County Administrator,be approached with a request for guidance as pertains to inclusion of the dedication statement on any and all development plats,and placed on the agenda for discussion at the next regular Commission meeting. New Community Highway Plan: A letter was read from Richard Grumbacker,Chairman of the Hagerstown Planning Commission,in which he expressed the City's support for the proposed amendment to the Highway Plan in the "New Community"area,with the inclusion of the entire P!oposed roadway forming the inner loop road from Route 40 to the proposed Eastern Boulevard. Following discussion of the various proposals for revisions to the Highway Plan, the Commission agreed to recommend to the County Commissioners for amendment,the following proposals:An arterial road extending from the proposed Eastern Boule- vard to the limit of the sewerage servicing -allowing for possible future connection to the east;the relocation of Robinwood Drive west of the Robinwood Development; a collector street connecting the proposed new arterial with Mt.Aetna Road;and a collector street through the Londontown,Section B development and Larch property to U.S.Route 40.The Chairman requested that the staff revise the map accord- inglyandbring it back to the Commission so that there is no question about what is being specifically recommended to the County Commissioners for plan amendment. The rest of the items remaining on the 3:00 P.M.agenda were tabled for the 7:00 P.M.meeting.The meeting was adjourned at 5:50 P.M. The regular meeting of the Planning Commission was reconvened at 7:00 P.M.in the second floor conference room of the County Office Building with the following members present:Chairman Terrance W.Bache,Linda H.Daniels,Thomas D\;yer, John C.Herbst,William E.Wolford and Fred H.Younkins.Nr.Snook arrived at 9:20. NEW BUSINESS: Requests for Variances Under Section 107: Richard Grimm: Mr.Grinw appeared before the Commission with a request for a variance to the setback requirements of the Highway Plan due to the reclassification of Md.Route 57 to a secondary road,requiring a 300'distance'between acceSs points.The request for a variance was to permit a lot ,which lacks an adequate entrance.Mr.Grimm claimed no hardship other than the demand for smaller lots.It was pointed out by the staff that a precedence could possibly be set for other lots which are to be considered by the Commission. On a motion by Mrs.Daniels and seconded by Mr.Wolford,the Commission voted to deny the request for a variance based upon the findings that other options are open for development and that no hardship exists.So'order'~d. NEW BUSINESS,CONTD: Subdivision Plats: Garden Spot,Section E: In staff review for Garden Spot,Section E,it was pointed out that the plat had received agency approvals with the Engineering Department granting con- ditional approval as pertains to street construction and grading plans.Mr. Whitesell stated that Health Department requirements had been satisfied relative to unsatisfactory percolation tests on some of the lots. On a motion Preliminary conditions. by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to grant Approval to the plat file,subject to meeting the County Engineer's So ordered. The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Dwyer,to grant Final Approval to the plat for Garden Spot,Section E.So ordered. C &P Telephone Company -Site Plan-Preliminary and Final: For the record,Mr.Dwyer disqualified himself in regard to participation in dis- cussion and action because of possible conflict of interest. Mr.Curt Cushwa appeared on behalf of the proposed C &P Company Of~i~e.Building ., requesting site plan and preliminary and final approval of the subd~v~s~on appl~cat~~n. ~ocated in the Valley Plaza,the subject plat conforms to the BG District and is provided access by a public local street.In discussion as pertains to the County Engineer's memorandum relative to conditional approval of the site plan based upon approval of storm water detention plans by the Soil Conservation District, it was pointed out that the S.C.D.has no approving authority for stormwater management plans.Since Mr.Dull was not available for clarification of the intent of his comments,the following: On a motion by Mr.Wolford and seconded by Mr.Herbst,the Commission voted to grant preliminary approval to the sucdivision plat file.So ordered. The Commission voted,on a motion by Mr.Wolford,seconded by Mr.Herbst to grant final approval to the subdivision application.So ordered. On a motion by Mr ..Wolford,seconded by Mr.Herbst,the Commission voted to grant conditional approval of the site plan subject to a note being placed on the plat to the effect that the County Engineer has approved the stormwater detention plan. So ordered. Harrell and Randall -Site Plan-Preliminary and Final Approval: Following review of the plat file information for the one-half acre site plan and subdivision application which isa portion ,,,f'the original tract previously approved for the0ffice Supply'Company off Crestwood Drive,the Commission voted on a motion by Mr.Wolford and seconded by Mr.Herbst,to grant approval of the site plan.So ordered. On a motion by Mrs.Daniels and seconded by Mr.Herbst,the Commission voted to grant Preliminary Approval of the subdivision application.So ordered. The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Dwyer,to grant Final Approval of the plat file for Harrell and Randall's subdivision application. So ordered. MINUTES: On a motion by Mrs.Daniels and seconded by Mr.Dwyer,the Commission voted to grant approval of the minutes of the meeting of August 28,1978 as written.So ordered. COMMUNICATIONS: Correspondence from the Highfield Water Company was noted for information purposes only,and from the Concordia LuthelTI Church as a part of the Case File for RZ-18l, requiring no action on the part of the Commission. ~ ~ N Ct:I t:.r.:J '-=' Subdivision Plats: Clarence Pike -Preliminary and Final: It was brought to the attention of the Commission that because of problems with percolation tests to satisify requirements of the Health'Department which cannot be resolved,the consultants will not be requesting an extension of time for con- sideration of the plat application. On a motion by Mr.Herbst and seconded by Mr.Wolford,the Commission voted to disapprove the plat file because of lack of Health Department approval.So ordered. Battlefield Bible Church -Preliminary and Final: Upon review of the plat file information and noting that all necessary approvals are contained therein with no negative comments,the Commission voted to grant Preliminary Approval of the plat application.So ordered. The Commission voted,on a motion by Mr,Younkins and seconded by Mr.Herbst, to grant Final Approval to the plat file.So ordered. Fountain Head Plaza-Preliminary and Final: Upon review of the plat file and noting that the site plan for Fountain Head Plaza had previously been approved by the Commission and since been granted a variance to the requirements of the Highway Plan section of the Subdivision Ordinance as pertains to lots 3 and 4,the Commission voted,on a motion by Mr.Dwyer and seconded by Mr.Herbst to grant Preliminary Approval.So ordered. On a motion by Mr.Younkins and seconded by Mr.Dwyer,the Commission voted to grant Final Approval to the plat file.So ordered. Lawrence B.Izer -Preliminary and Final: The staff report pointed out that the subdivision had previously been submitted as a four lot subdivision of land but that lot 2,because of difficulty in ob- taining a satisfactory percolation test,will be submitted at a later date.The plat file contains all necessary approvals,but the staff expressed concerns about the capability of Natural Well Road to serve any subsequent subdivision of the parcel.Also discussed was the 25'setback dedication as pertains to the remainder of the tract. On a motion by Mr.Wolford and seconded by Mrs.Daniels,the Commission voted to grant Preliminary Approval on condition that the plat show dedication of right-of- way for future widening of Natural Well Road to satisfy the conditions of the Subdivision Ordinance in regard to public road access.So ordered. UNFINISHED BUSINESS: New Community Highway Plan: On a motion by Mrs.Daniels and seconded by Mr.Wolford,the Commission voted to take the New Community Highway Plan to the County Commissioners with a recow~endation that the adopted Highway Plan be amended to include the proposed additions and to also recommend that the County pay an x amount of dollars in establishing the centerline for the recommended alignments.So ordered. ADJOURNMENT: The meeting was adjourned at 10:30 P.M.on a motion by Mrs.Daniels and seconded by Mr.Younkins.So ordered. ~W6~ Terrance W.Bache,Chairman A Special Meeting of the Washington County Planning Commission was held on Monday, October 9,1978 at 7:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache,Linda H.Daniels,William E.Wolford,and Fred H.Younkins.Mr.Herbst arrived at 7:45 and Mr.Dwyer arrived at 8:25.Absent: Martin L.Snook.Staff:Executive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon,Associate Planners MargerY L.Koenig and James P.Brittain,Parks Planner Charles·.Wiederhold and Marion Snyder,Secretary.Advisory Board Members: Chairman Judy Kline,and Catherine Thompson.Also present:Al Feldstein of the Western Maryland Regional State Department of Planning. The meeting was called to order at 7:10 P.M. UNFINISHED BUSINESS: Park Planning Funding: The Executive Director brought to the attention of the Commission that the Parks Planner position which is presently funded under CETA will expire under that pro- gram in December of this year.Mr.Hawbaker pointed out that great use has been made of the services supplied by this position,not only in parks planning but in other aspects of planning such as the Highway Plan.It was.requeste-d,that action be taken to recommend to the County Commissioners that the position be funded by the County as a part of the Planning Commission staff which would be in keeping with the request formerly made to assign the park planner position to the Planning Department under the CETA program. On a motion by Mrs.Daniels and seconded by Mr.Wolford,the Commission voted to recommend to the County Commissioners that the Parks Planner position be funded by the County as a part of the Planning Commission's staff.So ordered. CORRESPONDENCE: Request for Extension of Time: Beaverbrook,Section "B"-60 Day Extension: The Commission voted,on a motion by Mr.Wolford and seconded by Mrs.Daniels to grant the request for a 60 day extension of time for consideration of Beaverbrook, Section B,due to percolation tests that need to be conducted in January or February of next year because of establishment of high water tables.So ordered. UNFINISHED BUSINESS: Rezoning Cases RZ-18l through RZ-189: RZ-181:Upon consideration of a request for a change in zoning from A,Agriculture to BL,Business,Local for a 1.2 acre tract of land situated at Oak Ridge Drive and the Downsville Pike,the Commission voted,on a motion by Mr.Herbst and seconded by Mr.Wolford to forward a recommendation for approval to the County Commissioners based upon a change in the neighborhood due to the change in the location of the Downsville Pike.So ordered. RZ-182:The Commission voted,following discussion relative to a request for re- zoning from IG,Industrial,General to BG,Business,General by Antietam Investors, for a parcel located north of the Club Road intersection at Route 11,voted to recommend approval of the request based upon an error in mapping in the original zoning designation.So ordered. RZ-183-l84:Upon consideration of a request for rezoning for adjacent parcels of land north of Ft.Ritchie,for the American Legion Post and Albert Decker from A Agriculture to BL,Business,Local,the Planning Commission voted on a motion by Mr.Herbst and seconded by Mr.Wolford to forward a recommendation for approval to the County Commissioners based upon a mistake in the original zoning.So ordered. RZ-185:Withdrawn. m CV-..i C\I ::b~ t..::l Rezoning Cases,Contd: RZ-186:The Commission voted,on a motion by Mrs.Daniels,seconded by Mr.Wolford, to forward to the County Commissioners a recommendation for approval of the text amendment which would be a renumbering for identification purposes of Section 4.9 of the Zoning Ordinance.So ordered. RZ-187:On a motion by Mr.Herbst,seconded by Mr.Younkins,the Commission voted to recommend to the County Commissioners,a text amendment to the Zoning Ordinance to provide for site plan review of campgrounds,summer resorts and country clubs in the Conservation District.So ordered. RZ-188:The Commission voted,on a motion by Mrs.Daniels and seconded by Mr.Herbst, to forward a recommendation of approval to the County Commissioners as pertains to the Agricultural District to permit review of site plans for campgrounds,summer resorts,and country clubs in the A District.So ordered. RZ-189:On a motion by Mr.Wolford and seconded by Mr.Dwyer,the Commission voted to recommend a change in Section 12.6 of the Zoning Ordinance to reword the text as pertains to setback requirements 'for vehicular'sal",s areas.So'ordered. Agricultural Land Preservation Regulations: In bringing the Commission up to date on the status of the Agricultural Land Preservation Regulations which had been submitted to the Commission in draft form for comments,Mr.Hawbaker reported that the comments of the staff as pertains to the draft proposal had been forwarded to the Foundation.Corres- pondence from the Executive Director of the Foundation indicated that the xevised regulations had been published in the Maryland Register and would be available to the Commission for their review prior to the public hearing. It was agreed by the Commission that further comment and discussion would be tabled until the revised regulations which have been submitted for publication in the Maryland Register have been received at which time the Commission will again review the proposal and submit an analysis and formal recommendation to the County Commissioners for their review and subsequent action. COMPREHENSIVE PLAN: Following discussion relevant to maintaining the adopted work program for Compre- hensive Plan Draft review,the Commission directed the staff to work out a schedule for review for the next five weeks,to include an all-day workshop session.The Advisory Board is to receive a copy of the work schedule to permit their simultaneous review and input. ADJOURNMENT: The meeting was adjourned at 9:30 P.M. ~' ~UJ4S~ Terrance W,Bache,Chairman nilItf A Special Meeting of the Washington County Planning Commission was held on Monday,October 30,1978 at 7:30 P.M.in the second floor conference room of the Court House Annex. Present were:Chairman Terrance W.Bache,Vice-Chairman John C.Herbst,Linda H.Daniels,William E.Wolford,Jr.and Fred H.Younkins.Not present:Martin L.Snook.Mr.Dwyer arrived at 8:15.Staff:Executive Director Jack S.Haw- baker,Senior Planner James B.Witherspoon,Associate Planners Margery L.Koenig and James P.Brittain,and Marion Snyder,Secretary.Advisory Board members: John Newcomer The meeting was called to order at 7:30 P.M. SUBDIVISION PLAT: Katherine K.Caffrey: The staff explained that the plat under consideration had been placed on the Commission agenda as a result of action taken at the October 2 meeting of the Commission in which it was directed that the plat application be returned to the surveyor for additional information in regard to the status of Clark Road from which the 3 acre conveyance of land is proposed to be served.The County Engineer has since approved the plat by memorandum dated October 18,with com- ments.(Attached by reference to the plat file).The staff pointed out that this will be the last parcel to receive approval for tl'is site and may leave the remaining portion of land without access. On a motion by Mr.Wolford and seconded by Mr.Younkins,the Commission voted to grant approval of the subdivision of Parcel A.So ordered. --r---.. COMPREHENSIVE PLAN REVIEW: The Commission proceeded with review of the Comprehensive Plan Draft of the schedule pages 176 through 231.The staff presented an outline for the workshop meeting scheduled for November 16 at which time the approaches to rural development and agricultural preservation will be considered. The Commission directed that a tentative agenda be prepared by the staff for the November 16 meeting,based upon the criteria as~utlinedby'the staff for discussion and evaluation of the various alternatives. AGRICULTURAL LAND PRESERVATION REGULATIONS: The Commission discussed comments of the staff as pertains to the proposed regulations for the Maryland Agricultural Land Preservation Program which are scheduled to be taken to public hearing November 6,1978 by the Maryland Department of Agriculture in Annapolis. On a motion by Mrs.Daniels and seconded by Mr.Herbst,the Commission voted to forward staff and additional comments of the Commission to the County Commissioners for their consideration and action relative,t('i,:t:he following sections of the regu- lations as appearing in the Maryland Register:Section .03Bl(c),Page 1616;Section .03B(2),Page 1616;Section .03B(3)(c),Page 1616;Section .03B(7),Page 1616; Section .03C(1)(b),Page 1617;Section .03C(3),Page 1617;Page 1617,Paragraph 5 of Instructions;Page 1618,Agricultural Preservation District Agreement;Page 1618, Agricultural Preservation District Agreement;Section .04G(2),Page 1620;Section .04L(1),Page 1620;and Section .06D(1),Page 1623.So ordered. ADJOURNMENT: The meeting was adjourned w~ ~ I:."':l ~ Q;:l ~ ~ The Planning Commission's regular meeting of November 6,1978 was held in the second floor conference room of the Court House Annex at 7:00 P.M. Present were:Chairman Terrance W.Bache,Vice Chairman John C.Herbst,Linda H.Daniels,William E.Wolford,Jr.,Fred H.Younkins.Mr.Snook arrived at 7:50 and Mr.Dwyer arrived at 8:05.Staff:Executive Director Jack S.Haw- baker,Senior Planner James B.Witherspoon,Associate Planners James P.Brittain and Margery L.Koenig and Marion Snyder,Secretary. The meeting was called to order at 7:00 P.M. MINUTES: On a motion by Mrs.Daniels and seconded by Mr.Wolford,the Commission voted to approve the minutes of the Regular Meeting of October 2,1978 as presented.So ordered. The staff brought to the attention of the Commission that there was an error in the time extension granted for Beaverbrook,Section "B"in that a 6 month extension of time was requested rather than 60 days as stated in the minutes 0f the October 9,1978 Special Meeting. On a motion by Mr.Younkins,seconded by Mrs.Daniels,the Commission voted to approve the Minutes of October 9,with the correction of the time extension for Beaverbrook,Section "B"to 6 months,bringing the expiration date for consideration by the CoIlllllission to March 31,1979.So ordered.. OTHER BUSINESS: Requests for Variance to Subdivision Ordinance: P.Harold Hege: On behalf of Mr.P.Harold Hege,Mr.Russ Townsley of Fox and Associates,Inc., appeared before the Commission requesiing a variance to the requirements of the Subdivision Ordinance as pertains to Section 505.l2B,lots to abut public streets, to permit conveyance of a 1 acre parcel with an existing dwelling.The Chairman pointed out that a hardship must exist in order for the Commission to grant a variance to the requirements of the Ordinance. The Commission voted,on a motion by Mr.Wolford,seconded by Mrs.Daniels,to grant the request for a variance under Section 107 of the Subdivision Ordinance based upon the understanding that the existing dwelling and necessary acreage cannot be conveyed with the required road frontage without creating two inadequate acess points from Route 40 and a severe economic penalty to the owner.So ordered. Goldie I.Bowman: The Commission considered a request from Goldie I.Bowman for a variance in meeting the requirements of the Highway Plan as pertains to the 300'distance between access points for Md.Rt.56,a secondary road.The staff report indicated that a Board of Appeals variance had been granted as pertains to lot width after which it was found that the lot could not meet the Highway Plan standards. The Commission voted,on a motion by Mr.Wolford,seconded by Mr.Younkins to grant the request for a variance to allow conveyance of the proposed Lot #2 under Section 107 of the Subdivision Ordinance because of the unusual topography of the land.So ordered. Harry E.Wise,Jr.to Gary Augustine: TIle Commission discussed a request for a variance to the Highway Plan for a 1 acre tract which is proposed to be conveyed and does not front a public road.The lot in question was previously approved as a simplified plat.Due to existing buildings on the original tract and unwillingness of adjoining property owners to convey additional land,the required 25'right of way cannot be provided. On a motion by Mr.Wolford and seconded by Mrs.Daniels,the Commission voted to grant an except·ion ·from 25'to ·15'to the requirements of the Highway Plan under Section 107 of the Subdivision Ordinance to permit a fee simple ownership of right of way to be worked out to the satisfaction of the property owners.So ordered. UNFINISHED BUSINESS: Geohydrologic Study: Jim Witherspoon reported that he had talked to Mr.Davidson and that it would be another week before the meeting with EPA could be held in regard to funding for the Geohydrologic Study because of River Basin priorities. New Community Highway Plan: The Executive Director stated that there is no new report on the status of the New Community Highway Plan pending action by the County Commissioners. Right of Way Dedication: For the consideration of the Commission,the Executive Director presented a statement as prepared by the County Attorney,with an alternate second paragraph as prepared by Mr.Hawbaker,relevant to the dedication of right of statement which would be required to be included on subdivision plats in certain instances,and otulined the types of development for which the inclusion of the statement would be applicable. Following discussion of the dedication statement as applied to public roads and as it would pertain to the Capital Improvements Program or the State Six Year Program (Consolidated Transportation Program),the Commission directed the staff to proceed with preparation of the right of way dedica- tion statement for public hearing,utilizing the second paragraph as prepared by the Executive Director.The motion was made by Mrs.Daniels and seconded "by Mr.Dwyer.So ordered.. Flood Plain Regulations: The Executive Director reported that the staff was still awaiting input from the Water Resources Administration as pertains to the Ordinance revision for Flood Plain regulations. Water and Sewer Plan Procedures: As a result of previous Commission action as pertains to the Procedural Outline for update of the County Water and Sewer Plan,the Executive Director reported that the Hagerstown Water Pollution Control Department had been contacted in several instances requesting a response to the outline by November 10,after which time it will be assumed that they have no unfavorable comments ~o ·the proposal.TIle outline will then be forwarded to the County Commissioners for their consideration. Water and Sewer Plan Revision,FY'79: The Commission previously considered a breakdown of budgeted items as pertains to mapping and other in-kind services necessary for a major revision to the FY'79 Water and Sewer Plan at which time the staff was directed to proceed with preparation of a presentation to the County Commissioners in terms of infor- mation available. Ibe Executive Director stated that the staff will have available at the December 2 regular meeting for concurrence by the Commission,the presentation proposed to be taken to the County Commissioners for their consideration. At the request of the Executive Director,the staff was directed to proceed with Water and Sewer Plan mapping utilizing in-kind drafting services. NEW BUSINESS: Subdivision Plat: Youngstoun,Phase I -Preliminary and Final Approval: In staff review of the preliminary and final plat application for Youngstoun, Phase I,it was brought to the attention of the Commission that the previously approved Development Plan is now being proposed for subdivision of the larger parcel in the central section of the development for garden apartments for Commis- Preliminary 0';) '"~ Q;.'l C-' Youngstoun,Phase I -Contd: mlich all agency approvals have been secured.The staff pointed out that a small change from the approved development plan is shown to include a club house in the central open space area which the staff felt would be the logical location for such use.However,the staff report recommended that a note be added to the final plat making it clear that the swimming pool and recreation area shown are for the use of the entire development. Following discussion of the staff review of plat file information,the sion voted,on a motion by Mr.Herbst,seconded by Mr.Dwyer,to grant Approval.So ordered. On a motion by Mr.Herbst and seconded by Mr.Dwyer,the Commission voted to grant Final Approval to the plat file based upon the staff report and recommendation that a note be placed on the final plat as pertains to use of all open space areas.So ordered. OTHER BUSINESS: Workshop -November 16: Jim Witherspoon presented an outline for the basic format for consideration at the day workshop to be held on November 16.The Commission concurred with the basic factors for discussion and suggested that under Assumptions,paragraph B,l,the application of alternative procedures should focus on all areas out- side the Growth Areas as applied to Rural-Agricultural uses such as Conservation and Rural Villages using other formulas.The Commission agreed that the morning session would be taken up by the staff presentation with an afternoon session as needed for discussion toward finalizing a decision as pertains to the Rural-Agricultural District. "P"-Pub lic Owned Lands: Due to inquiries received as pertains to lack of setback requirements for all public owned lands,a study of the Zoning Ordinance has been undertaken by the staff in this regard.Associate Planner Jim Brittain,in reporting on staff analysis, displayed a composite representing all "P"owned lands and recommended that these lands be reclassified to reflect the predominant zoning classification in their particular area and becoming subject to the requirements of the Zoning Ordinance for such classification. The Commission voted,on a motion by Mr.Dwyer and seconded by Mr.Herbst to direct the staff to proceed with preparation of a comprehensive rezoning of all public owned lands to be taken to public hearing.So ordered. Rezoning Cases: The Executive Director distributed copies of a letter which had been received as an addendum to Case No.RZ-193 which is to be considered on November 13.It was also suggested that a field trip to review the cases to be considered might be helpful.Since some of the cases are located in the same vicinity,ot was decided that the Commission would review these cases in the field at their own convenience.Field trips for future cases will be arranged for the same day that the public hearing is to be held.The Commission also requested that the accompanying maps for rezoning cases show the site under consideration outlined in red for better identification purposes. ADJOURNMENT: The meeting was adjourned at 10:00 P.M. ~W &~l'A_. errance W.Bache,Chairman The Regular Meeting of the Washington County Planning Commission was held on Monday,December 4,1978 at 7:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman Terrance W.Bache,Linda H.Daniels,William E.Wolford, Fred H.Younkins,John C.Herbst arriving at 7:30,and Thomas W.Dwyer,arriving at 8:10.Not present:Martin L.Snook.Staff:Executive Director Jack S. Hawbaker,Senior Planner James B.Witherspoon,Associate Planners James P.Brittain and Margery L.Koenig and Marion Snyder,Secretary. The meeting was called to order at 7:05 P.M. NEW BUSINESS: Requests for Variances: H.Leeroy Ruth: Following staff review of a request for a variance as pertains to 300'distance requirements of the Highway Plan,the Commission voted,on a motion by Mr.Wolford and seconded by Mr.Younkins,to grant the exemption to Mr.~Ruth under Section ~ 107 of the Subdivision Ordinance on the basis that the topography of the land prohibits compliance with Highway Plan standards.So ordered. Wilbert and Ida Kerns: Mr.Teach,Fox and Associates,requested on behalf of Mr.and Mrs.Kerns,a variance to Section 405,12B of the Subdivision Ordinance as pertains to a proposed conveyance ", of land to an immediate£amily member.The 4.8 acre parcel which is proposed for subdivision is improved by 2 existing dwellings and requires an exception to the Zoning Ordinance as pertains to lot size for both parcels. On a motion by Mr.Younkins,seconded by Mr.Wolford,the Commission voted to grant the variance under Section 107 of the Subdivision Ordinance to create a subdivision without road frontage,assuming the Board of Appeals grants the necessary exception for lot size requirements.So ordered. Rita Trainor: Upon consideration of a request from Mr,Gladhill,G&S Associates,on behalf of Mrs.Trainor to permit conveyance of a 10.2 acre tract of land which cannot meet the requirements of Section 405,12B because of the topography of the land,the Commission voted,on a motion by Mr.Wolford,seconded by Mrs.Daniels,to grant the exception under Section 107 of the Subdivision Ordinance with the understanding that there will be no responsibility on the part of the County to provide·right-of- way to the parcel so conveyed.So ordered. Lawrence M.Johns: Attorney Richard McGrory appeared before the Commission on behalf of the L.M.Johns Trust with a request for a variance as pertains to distance requirements in the Highway Plan classifications.The plat in question,which received approval on August 8,1975,with access to lot "A"situated to the east and is now shown on· the west with lot "B"placed to the east of the previously approved plat,creates an inability to meet the 300'distance requirements of the adopted Highway Plan. Mr.McGrory pointed out that the County Engineer's memo dated November 14,1978 in reference to lot "B",granted approval conditional upon placement of access to the lot. Mr.Herbst moved to grant approval of the request for variance in view of the fact that the County Engineer had requested that the entranceway be moved.There was no second to the motion. A motion was then made by Mr.Wolford and seconded by Mrs.Daniels to disapprove the request for a variance to the Highway Plan standards on the basis that a hardship does not exist.Motion carried with Mr.Herbst voting "No".So ordered. ~ C"J C\lr.o t:il ~ NEW BUSINESS: !l:!':quest for Variances,Cont'd: Mrs.Edith Flora: On the basis that the 75'dedication of right of way from the centerline of Md. Route 68 would involve both existing residences on both lots which are proposed to be subdivided,the Commission voted,on a motion by Mr.Herbst and seconded by Mr.Younkins,to grant a variance to the dedication clause requirements under Section 107 of the Subdivision Ordinance.So ordered. Wesley R.Patterson: Upon consideration of a request for a variance from Wesley R.Patterson as pertains to the dedication clause,the Commission voted,on a motion by Mr.Younkins and seconded by Mr.Wolford,to waive the 30'right-of-way requirement under Section 107 of the Subdivision Ordinance on the basis that compliance would involve an existing dwelling situated on the lot which is proposed to ,be conveyed.So ordered. Robert Cutler: Mr.Cutler's proposed 9 lot,26 acre subdivision complies with Highway Plan standards with the exception being lot 9 for which a variance was requested to create a pan- handle lot with road frontage of 16'instead of the required 25'.No other access to the lot is-feasible because of the topography of the land. On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to grant the variance under the provisions of Section 107 of the Subdivision Ordinance due to the hardship'created to provide access because of-the unsuitable topography of the land.So ordered. NEW BUSINESS: Subdivision Plats: McDade Farms -Preliminary Approval: The staff review for McDade Farms pointed out that the overall concept plan for planned residential development had been submitted with preliminary approval requested for Section 1 only,consisting of 10 lots.The file contained comments from the County Engineer in regard to drainage easements and staff comment in reference to the space shown on the plat for a tot lot,which will be resolved prior to final plat approval. Ona.motion by Mr.Herbst and seconded by Mr.Wolford,the Commission voted to grant Preliminary Approval to the plat file.So ordered. UNFINISHED BUSINESS: Geohydrologic Study:C&O Canal Park Commission: Mr.Frush,Chairman of the Geohydrological Study Task Force,appeared before the Commission to give a status report on the work to date accomplished by the Task Force.As a result of the Task Force meeting on November 29,a sub-committee has been appointed to work with the Coordinating Committee during the consultant selec- tion process.Mr.Frush requested that a staff person be made available to aid in completion of the scope of work,and also pointed out that the Planning staff may be necessary in implementation of the completed study and that the State has com- mitted monies to provide for a project manager.-The Commission agreed that it was important for the Commission to make a commitment in this regard when the contract has been prepared and a consultant selected. Mr.Frush also asked the Commission to propose to the County Commissioners that a group be appointed to study the entire C &0 Canal area in Washington County and prepare alternatives for planning and development considerations.Recommendations should be made through the County Commissioners and Towns,and in turn,these recom- mendations would be forwarded to the National C &0 Canal Park Advisory Commission. National C & 0 Canal Park Commission,Contd: Mr.Frush will submit to the Executive Director,the Cumberland and Allegany County Commissioner's approved C&O Canal Plan to study the detail to determine if the study can be done in Washington County.The'resulting recommendations, once received by the Advisory Commission,would be forwarded to the Denver Center Service Team who will be designing definitive development plans for the Tri-County area section in FY 79-80. New Community Highway Plan: For the information of the Commission,the Executive Director reminded that the proposal for the New Community Highway Plan will be taken to public hearing on December 12,as a result of the work undertaken by the Commission staff. Right of Way Dedication: Mr.Hawbaker stated that the right of way dedication clause will be included in the proposed revised Subdivision Ordinance which is scheduled to be ready by the end of the month and taken to public hearing toward the end of February. Flood Plain Regulations: ln reporting on the status of the proposed Flood Plain Regulations as pertains to lessening restrictive use of the 100 Year Flood Plain,the Executive Director stated that the staff is waiting for comments from the Water Resources Administration as a result of their review of the proposal,which was forwarded in October. Water and Sewer Plan Procedures: The Water and Sewer Plan Procedures have been forwarded to the County Commissions for adoption and will be forwarded to the Municipalities this month for their con- sideration. Water and Sewer Plan Revision FY'79: The Commission reviewed overall tasks for the FY'79 revisions to the Water and Sewer Plan which has previously been discussed.As a result of further analysis by the staff,it was determined that a total of 33,000 dollars would be required to be provided on a cost-sharing basis by the County and State.It is proposed that mapping and tables for the update be prepared utilizing staff time at a cost of $5,500.Associate Planner Margery Koenig outlined the proposal for map- pint to the Commission and distributed copies of a sample map to show how an area would be defined.It was also pointed out that it would be necessary to request an extension of time from the State for preparation of the '79 update. It was the concensus of the Commission that the staff proceed with the proposal as outlined. Department Work Schedule: The new Department Work Schedule was distributed for the information of the Commission, including a format for meetings through January 29.The Commission agreed with the work schedule and outline of tasks to be performed by the staff. ADJOURNMENT: The meeting was adjourned at 9:30 P.M. • ~~~--::7 W. 4§;< A Special Meeting of at 7:30 P.M.in the Building. the Planning Commission was held on December 11,1978 second floor conference room of the County Office ~ ::":l Nc:o e.t:l C!;l Present were:Chairman Terrance W.Bache,Vice-Chairman John C.Herbst, Linda H.Daniels,William E.Wolford,Jr.,and Fred H.Younkins.Not present:Thomas W.Dwyer and Martin L.Snook.Staff:Executive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon,Associate Planners James P.Brittain and Margery Koenig and Marion Snyder,Secretary.Also present was Judy Kline,Chairman of the Advisory Board. The Commission discussed inclusionmitheComprehensive Plan the following maps:General Plan Map,Community Facilities Map,Mineral Extraction Map, Land Use Map and Highway Plan Map.Also discussed was the Historical Sites Map,possibly at an 8 1/2 x 11 size. The Commission agreed to staff recommendations in regard to changes in the Highway Plan classifications to comply with the State Highway Administration's data.The Commission agreed that the inclusion of the Highway Plan in the Comprehensive Plan and how it should be done should be worked out by the staff, and agreed that the General Plan map could be sent out for printing. REZONING CASES: Mrs.Daniels left the meeting at this point,having disqualified herself since she had not attended the public hearing for the following rezoning cases to be taken under consideration: RZ-190: On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to recommend to the County Commissioners that the application be denied based upon there being no mistake in the original zoning nor a change in the neighborhood. So ordered. RZ-191: In staff review,it was pointed out that there would be more traffic generated as the result of the development and recommended that a second access be pro- vided as a basis of approval. The Commission voted,on a motion by Mr.Herbst,seconded recommend approval of the application for map amendment. Mr.Wolford voting "No". RZ-192: by Mr.Younkins,to Motion carried with The Commission voted,on a motion by Mr,Wolford,seconded by Mr.Herbst,to forward a recommendation to the County Commissioners of approval for text amendment of the Zoning Ordinance.So ordered. ADJOURNMENT: The meeting adjourned at 10:15 P.M. errance W.Bache,Chairman ~ e W&