HomeMy WebLinkAbout1980 Minutes0:cv:
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The Washington County Planning Commission convened in regular meeting on January
7,1980 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,arriving
at 7:30;Linda H.Daniels;Thomas W.Dwyer;William E.Wolford;and Fred H.Younkins.
Not present:Charles F.Wagaman.Staff present were:Executive Director'Jack S.
Hawbaker;Senior Planner James B.Witherspoon;Associate Planner James P.Brittain;
Assistant Planner Catherine T.Thompson;and Marion Snyder,Secretary.
The meeting was called to order at 7:03 P.M.
MINUTES:
The minutes of the regular meeting of November 5,1979 were approved as presented
on a motion by Mrs.Daniels and seconded by Mr.Dwyer.So ordered.
On a motion by Mrs.Daniels,seconded by Mr.Dwyer,the minutes of the regular
meeting of December 3,1979 were approved as written.So ordered.
Requests for Variances Under Section 107:
Russell W.Priest:
Mr.Priest appeared before the Commission requesting that a variance from the require-
ments of Article 4,Paragraph l2B of the Subdivision Ordinance be granted to permit
conveyances to immediate family members.It is proposed to subdivide parcels shown
as A,B,and C which are planned to be served by one 25'wide point of access from
Reid Road.
The Commission voted,on a motion by Mr.Wolford,seconded by Mr.Dwyer that the
request to subdivide be granted under Section 107 of the Ordinance for conveyance
to immediate family members.So ordered.
Donald E.Olden:
A request for a variance was heard from Mr.Olden to permit a residence to be con-,
structed on a lot which was previously approved under the simplified plat process
and which does not meet the 25'road frontage requirement.Access to the parcel is
via a private right of way across an adjoining property from Alternate Route 40.
It was also noted that 'Vater Resource';Administration requirements would have
to be satisfied relative to establishment of elevations for a bridge which provides
access across a creek,should the request to subdivide be granted.
On a motion by Mr.Dwyer,seconded by Mr.Younkins,the Commission granted the request
to permit development of the lot for one residence under the provisions of Section
107 of the Subdivision Ordinance.So ordered.
Wilbur D.Martin:
Mr.Martin appeared before the Commission to request a variance to allow development
of a parcel of land that does not have the required 25'road frontage and has pre-
viously been approved under the simplified plat process in April of 1978.The
parcel is situated off Hicksville Road the classification of which is Collector in
the County Highway Plan and requires 100'distance between points of access.This
requirement cannot be met~necessitating the granting of a second variance should
the development be allowed.
The Commission voted,on a motion by Mr.Wolford and seconded by Mr.Dwyer to grant
the variance as r",\uested and to waive the road frontage and distance requirement
under Section 107 of the Subdivision Ordinance.The motion carried with Mrs.
Daniels voting "No"and Mr.Herbst abstaining.
Ruhl Loudin:
A request was heard from Mr.Loudin to permit subdivision of a lot off Md.Route
58 which is proposed to be conveyed to his son,along with a 25'deeded right of
way to provide access to the remaining lands.
On a motion by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to grant the
request under Section 107 of the Subdivision Ordinance to permit conveyance of the
lot to an immediate family member.So ordered.
Subdivisions:
Mt.Briar Estates -Preliminary Plat:
Staff review for the Mt.Briar Estates Subdivision pointed out that the Soil
Conservation District expressed concerns in regard to impervious soils in
the area of the development which may present a serious problem to future
building sites.It was the recommendation of the staff that the Commission
stipulate that a note be placed on the final plat to the effect that pre-
cautionary measures will have to be taken in further development of lots.
On a motion by Mr.Younkins,seconded by Mr.Dwyer,the Commission voted to grant
Preliminary Approval to the plat with the stipulation that a note be placed
on the plat relating to protective measures required for future development of
the subdivision.The note is to be explicitly worded to the satisfaction of
the Planning staff.So ordered.
On a motion by Mr.Wolford and seconded by Mr.Herbst,the Commission authorized
the staff to administratively approve the final plat provided there are no changes
from the plat which was granted preliminary approval.So ordered.
OTrlER BUSINESS:
Proposal for Connection between Brightwood Acres and Londontownel
Daniel M.Sheedy appeared before the Commission in regard to a proposal to make
a street connection between Brightwood Acres,Section B and the Londontowne Sub-
.division.The Planning staff previously conducted an informal meeting for the
purpose of discussing the proposal with representatives of the City Engineering
Department,City Planning Department,the County Engineering Department and the
developer and his representative.It was the concensus of that review committee
that the connection as proposed was desirable.
Following discussion and review of the conaept,the Commission unanimously agreed
to support the proposal as being in keeping with Plan policies.On a motion by
Mr.Herbst,seconded by Mr.Dwyer,the Commission voted that the staff document
the previous action and transmit that information to all concerned parties along
with the Commission's action on this change.So ordered.
Amendment to Youngstoun Development Plan:
Mr.Bache withdrew from discussion for this item of business due to a possible
conflict of interest,turning the meeting over to the Vice_Chairman,~1r.Herbst.
The staff outlined for the Commission changes to the previously approved concept
plan for the planned Youngstoun Development relative to the water distribution
system,elimination of the proposed employment center area,and relocation and
design of some of the streets.Mr.Sheedy said that he wanted to clarify for the
record that the master development plan was not being vacated but merely changed
to reflect agency requirements.He also stated that he felt that it was not
feasible to attempt to incorporate detailed design standards into the concept plan
at its present stage of development since further changes may have to occur to
satisfy other agency requirements.Following discussion ,in which the Commission
concurred with the developer that detailed design of streets and other details
was neither necessary nor desirable at the concept stage,the Commission voted,
on a motion by Mr.Wolford,seconded by Mrs.Daniels to approve the amendment pro-
vided that these changes be incorporated into the original development along with
all other approved changes.So ordered.
COM~nJNICATIONS:
Tourism Statistics:
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A memorandum dated December 11,1979 from Betty J.Bupp,Director of Tourism was
distributed to the Commission for their information in which statistics compiled by
that department were listed as pertains to revenue returned to the County for travel
and tourism related industries during the year from July 1,1978 through July 1,1979.
Mr.Hawbaker said that this information will be utilized by the Planning staff.
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CO~~UNICATIONS,CONTD:
Letter from Barry A.Teach:
A letter from County Administrator Barry A.Teach dated November 20,1979 was
distributed relative to the status of the Storm Water Management Ordinance.
It was stated that following certain revisions to the ordinance by the County
Engineer,it was expected that a final version will be available for consideration
by the County Commissioners and become effective early in calendar year 1980.
UNFINISHED BUSINESS:
Subdivision Ordinance:
Mr.Hawbaker reminded the Commission that a meeting date should be established in
the near future to consider comments received from agencies and individuals in
regard to changes to the Subdivision Ordinance.No date was set at present.
Water and Sewerage Plan:
Chapters I and II of the draft Water and Sewer Plan were distributed for the infor-
mation of the Commission.These revisions to the text of Chapters I and II have
been distributed to agencies having an interest including the State Department of
Health and "[ental Hygiene,County Health Department,Sanitary Commission,Water
Pollution Control and others as an advance review process in order that comments
and suggestions may be received.It is expected that these two sections and
additional chapters and mapping will be available in April or May for a final
review of the complete draft.
Agricultural Land Preservation Program:
It was brought to the attention of the Commission that a proposed Agricultural
Land Preservation Ordinance has been forwarded to the Board of County Commissioners
for their consideration and action.Notification has since been received that a
public hearing has been scheduled by the County Commissioners for January 29 at
3:00 P.M.Following adoption of the ordinance,applications for the estab-
lishment of districts can be accepted.
Comprehensive Plan:
The staff discussed changes that will have to be accomplished prior to for"arding
the draft Comprehensive Plan to the County Commissioners and asked for clarification
of decisions that "ere made relative to the development of residential development
criteria.
A workshop meeting was scheduled for Monday,January 21 for the purpose of reviewing
comments and recommendations which have been received as a result of presentations
to groups and organizations and the public hearing held on November 29.
ADJOURNMENT:
The meeting was adjourned at 10:45 P.M.
Terrance W.Bache,Chairman
A Special Meeting of the Washington County Planning Commission was held on Monday,
January 21,1930 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;Thomas W.Dwyer;William E.Wolford;and Fred H.Younkins.Not present:
Charles F.Wagaman.Staff present:Executive Director Jack S.Hawbaker;Senior
Planner James B.Witherspoon;Associate Planner James P.Brittain;Assistant Plan-
ner Catherine T.Thompson:and Marion Snyder,Secretary.
The meeting was called to order at 7:05 P.M.
COMPREHENSIVE PLAN:
Discussion of Major Issues:
Population Projections:
The staff presented several charts and tables depicting methodology for determining
if population figures which have been utilized in establishing the draft plan pol-
icies can be proven to be reasonably accurate and justifiable.As a result of
this review of available population data,the staff found that the figures up to
and including those for 1980 were justifiable and had proven accurate using the
methodology as outlined.It was recommended that the figures for 1990 and 2000
be changed to reflect the anticipated population changes in order to more accurately
project Plan policies.The Commission concurred with the staff recommendation.
The staff also presented a projection for the number of housing units needed
in the years 1990 and 2000.These statistics also varied from the current data
presented in the proposed Plan.The Commission agreed to adopt the revised
projections and make the necessary statistical changes in the Plan.The staff
was directed to keep a summary report outlining the methodology and resultant
data for future reference and use.
Adequacy of Growth Area:
In previous Commission action,the staff was asked to provide supporting data
relative to the adequacy of the Urban Growth Area.Mr.Witherspoon reported
that his research indicates that the Growth Area as shown on the General Plan
Map is adequate for the 20-year planning period based on an analysis of such
factors as existing multifamily developments in the City of Hagerstown and the
County,known developable acreage,probable developable acreage,possible
developable acreage,density projections,and population saturation projections.
Following discussion of the staff's assessment of the Urban Growth Area the Com-
mission agreed to accept the staff findings that the growth area as it ~tands is
adequate for the 20 year Plan period and that if it is not,the boundary can be
amended to take into account those things which cannot now be projected.
Mr.Bache expressed concerns that the growth area is not adequate to meet future
needs and w1l1 not work to satisfy the development policies of the Plan.
Taxation of Land Based Upon Market Value Within Growth Areas:
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Relative to concerns expressed that the Plan does not address the taxation question
as it relates to growth areas versus rural areas based upon market value,the
Commission reached no definite conclusions and asked that this policy be placed on
the list of things that still have to be considered at ~he next workshop session.
Also to be c,Onsidered are pages·4 and 5 of Chapter VI~.-
REVIEW OF PROPOSED TEXT CHANGES:
The Commission reviewed the proposed reV1S10ns to the Plan text which are the result
of public review and comments received from organizations,agencies,and individuals
and concurred with the staff's recommendations with the following additional consid-
erations:
The Commission also suggested that new paragraph E on page 111-44 in regard to
delegation of zoning authority be reviewed by the County Attorney.
In reference to comments received from the City of Hagerstown's planning staff,
the Commission suggested that proposed revisions to the Plan relative to the
City of Hagerstown be reviewed by the Hagerstown Planning Commission to ensure
concurrence with these policies.
NEXT MEETING DATE:
The next meeting of the Planning Commission will be the regular meeting on "'!onday,
February 4,1980 at which time it is expected that a date wi 11 be set for the
next workshop meeting on the Comprehensive Plan.
ADJOURNMENT:
The meeting was adjourned at 9:30 P.I,1.~Q ~p~
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The regular meeting of the Washington County Planning Commission was held on Monday,
February 4,1980 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 (arriving at
7:50);Thomas W.Dwyer;William E.Wolford;and Fred Younkins.Not present:Charles
F.Wagaman and Linda H.Daniels.Staff:Executive Director Jack S.Hawbaker;Senior
Planner James B.Witherspoon;Associate Planner James P.Brittain;Catherine T.Thompson
Assistant Planner;and Marion Snyder,Secretary.Also present were Al Feldman,Department
of State Planning and Arnold Platou reporting for the Morning Herald.
The meeting was called to order at 7:00 P.M.
MINUTES:
The minutes of the regular meeting of January 7,1980 were approved as written on
a motion by Mr.Younkins,seconded by Mr.Dwyer.So ordered.
The Commission voted to approve the minutes of the special meeting of January 21,1980
on a motion by Mr.Younkins,seconded by Mr.Dwyer.So ordered.
NEW BUSINESS:
Reguests for Variances Under Section 107:
Robert E.Huntzberry:
Carol Cruger,representative for Mr.Huntzberry,appeared before the COIT@ission
.requesting a variance to the requirements of the Subdivision Ordinance as pertains to
Section 405.l2.B.to permit conveyance of a 1 acre parcel of land with an existing
dwelling that does not front a public road.It is proposed to provide access to the
parcel to be conveyed by means of a private right of way over an adjoining property
from Mr.Aetna Road.
A motion was made by Mr.Dwyer,seconded by Mr.Younkins to approve the variance under
Section 107 of the Subdivision Ordinance with the stipulation that further subdivision
of the remaining 27 acres will be denied on the right of way as configured at this ,
time.This motion includes transfers under Section 107 to immediate family members.
Motion carried with Mr.Wolford voting "No."
G.M.W.Associates:
Mr.Wolford withdrew from consideration of this request because of possible conflict
of interest and participated in the discussion only to answer questions that the
Commission might have.
The request for a variance under Section 107 of the Subdivision Ordinance is due to
inadequate road frontage to create a parcel of land for conveyance and for which it
is proposed to be served by private right of way across a panhandle fronting the
Smithsburg-Leitersburg Road.Because of inadequate sight distance on that portion
of the road,it was recommended that utilization of the existing lane to provide access
might be more desirable than the proposal as presented.Mr.Wolford agreed to have
the plat revised to show the access via a right of way on the existing lane.
On a motion by Mr.Younkins,seconded by Mr.Dwyer,the Commission voted to approve
the variance to allow subdivision of a parcel of land without the requirement of
fronting a public road under Section 107 of the Subdivision Ordinance.The motion
carried with Mr.Wolford abstaining.So ordered.
Johnny Lee Keeseker:
Mr.Keeseker appeared before the Commission requesting a variance under Section 107
of the Subdivision Ordinance to create a lot having no road frontage.It is proposed
to change the configuration of parcels shown as 1 and 2 on the plat with the proposed
new parcel 2 being served by abcess across it from an existing private lane from
Toyer Road.For the record,a variance for lot width requirements in the Conservation
District is under consideration by the Board of Zoning Appeals.
On a motion by Mr.Wolford,seconded by Mr.Dwyer,the Commission voted
the request as presented under Section 107 of the Subdivision Ordinance
topography of the land provides no other feasible access to the parcel.
to grant
because the
So ordered.
SUBDIVISIONS AND SITE PLfu~S:
St.James Village,Section D -Preliminary Approval:
Mr.Robert Lyles appeared before the Commission requesting Preliminary Approval of
43 lots of Section D of St.James Village.Staff review pointed out that Preliminary
Approval had been granted by the County Engineer,subject to conditions relative to
storm water management,surface runoff,and design standards,and approval of the
Health Department,Sanitary Commission,and Hagerstown Water Department conditional
upon approval of final hook up drawings for water and sewer.The staff offered com-
ments relative to geologic conditions and a letter from a resident in the area
was read relative to the impact of additional traffic on Summerlin Drive.The
developer stated that it was intended to extend a new road to connect to College Road
which would alleviate traffic concerns for Summerlin Drive.
On a motion by Mr.Dwyer,seconded by Mr.Herbst,the Commission voted to grant Pre-
liminary Approval of Section D of St.James Village conditional upon approval for the
extension of water lines by the State Health Department;conditions as outlined by the
County Engineer in his memorandum of January 16,1980 be satisfied;and a note being
placed on the final plat to the effect that the sinkhole on Lot 3,Blk.13 will be
investigated prior to placement of a dwelling on the lot.So ordered.
On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to grant
administrative authority to the staff to approve the Final Plat provide all concerns
of agencies have been satisfied,provided all points listed by the County Engineer
are satisfied,and that the final plat presented for signature conforms with the
plat that was granted Preliminary Approval.So ordered.
James H.Cochrane (Ryder Truck)-Preliminary Plat and Site Plan:
Staff review pointed out that letters granting final approval were needed from the
Sanitary Commission,Health Department,and City of Hagerstown Water Department.
A question was raised in regard to the right of way line owned by Potomac Edison
Company as it would affect the delineated parking area and to the adequacy of the
allocated right of way width on Governor's Lane.
The Commission voted,on a motion by Mr.Wolford,seconded by Mr.Dwyer,to grant
Preliminary Approval to the plat and site plan with the conditions being satisfied
in reference to receipt of letters of approval from the Sanitary Commission,City of
Hagerstown Water Department and County Health Department,and resolution of the
question of the Potomac Edison right of way and any restrictions that may be required
as pertains to it.So ordered.
Hagerstown/Washington County Industrial Foundation-Atlantic Cabinet Corp.
Preliminary Plat and Site Plan:
Staff review of the Preliminary Plat and Site Plan pointed out that the following agency
requirements must be met prior to the plat receiving final approval:
The Health Department has granted approval subject to receipt of final approval from
the Sanitary Commission for the sewer connection and final approval by the Water
Department.The Department of Permits and Inspections requires landscaping to be
provided per Section 18.84(b)of the Zoning Ordinance,and the staff indicated that
conditions for final approval include,unconditional agency approval;landscaping
on interfact with 1-81 and future ramp;a variance being granted for access to the
parcel designated to contain the storm water management pond;a plat for the
pumping station area being submitted to insure proper setbacks;and a letter of
approval from the State Fire Marshal.
Following discussion relative to conditions of approval,the Commission voted,on
a motion by Mr.Wolford,seconded by Mr.Herbst,to approve the subdivision and Site
Plan subject to the condition of all agency approvals being obtained prior to Final
Approval being granted,the screening concern of the Zoning Administrator being resolv
and that the Washington County Industrial Foundation be notified of the Commissions
concern with off-site visual impact when the ramp to 1-81 is built and that it be
considered when the Foundation approves the site plan.The motion also includes
granting of a variance to allow the storm water management parcel which does not
have public road frontage.So ordered._
In view of the fact that a settlement date has been set by the developer for February S,
and other unusual circumstances,the Commission discussed the potential of granting
the necessary approvals so as to avoid a delay.It was agreed that the consultant
proceed to obtain the necessary transmittal letters from the Health Department and
Sanitary Commission granting approval based upon service being avail~ble,and that the
attorney for the developer arrange that the transaction be held in escrow pending
receipt of all necessary approvals and final approval being granted administratively
by the staff.
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Bonnard J.Morgan:
Noting that all agency requirements have been satisfied,the Commission voted,on a
motion by Mr.Herbst,seconded by Mr.Wolford,to grant Preliminary Approval to the
plat of subdivision for B.J.Morgan.So ordered.
On a motion by Mr.Dwyer,seconded by Mr.Wolford,the Commission voted to grant
Final Approval to the plat.So ordered.
CORRESPONDENCE:
Memorandum from J.P.Brittain:
As previously requested at the meeting on January 7,a memorandum from Assistant Planner
Jim Brittain was distributed for the information of the Commission in regard to the
proposed connection between Brightwood Acres,Section D and Londontowne,Section B,
outli~ing a synopsis of,the :eport and findings of a meeting held with the developer
and C~ty and County eng1neer1ng and planning agencies on December 13,1979.
Letter from Fox and Associates,Re:6 Month Extension of Time for
Brightwood Acres,Section A and Longview Estates:
A letter was read from Russell Townsley,Fox and Associates,requesting a six month
extension of time for consideration of Brightwood Acres,Section A and Longview Es-
tates.On a motion by Mr.Dwyer,seconded by Mr.Wolford,the Commission granted a
six month extension of time to Brightwood Acres,Section A,expiration of which will
be August 13,1980,and Longview Estates which will expire on August 18,1980.
.So ordered.
UNFINISHED BUSINESS:
Subdivision Ordinance:
The Executive Director reported that he is presently making revisions to the Subdi-
vision Ordinance for consideration by the Commission at such time that a meeting is
scheduled for that review./
OTHER BUSINESS:
Advisory Board to the Planning Commission:
Jim Witherspoon reported to the Commission that the Advisory Board has become dormant
in their activities and that it was his feeling that further input by the staff in
organizational and .functional·matters should be discontinued at this time.
The Commission concurred with the staff recommendation and directed that a letter be
sent to the membership of the Board outlining the concerns of the staff as expressed.
Optimist's Club:
The Executive Director reported that the Optimist's Club of Hagerstown has requested
a Comprehensive Plan Presentation be made to their membership.
The Commission agreed that in view of the status of the draft plan,the Club be con-
tacted and advised that changes to the draft revision of the Plan are underway and that
a preservation will be made available as soon as these revisions are completed.
NEXT MEETING DATE:
A workshop for the continued review of the Comprehensive Plan is scheduled for February
25.The next regular meeting of the Commission will be March 3.
ADJOURi'JMENT:
The business meeting was adjourned at 10:00 P,M.followed by a film presentation by
the City Planning Staff entitled "Main Street."
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errance W.Bache,
The Regular Meeting of the Washington County Planning Commission was held on
Monday,March 3,1980 at 7:00 P.M.in the second floor conference room of
the County Office Building.
Present:Chairman Terrance W.Bache;Vice-Chairman John C.Herbst (arriving at
7:30);Linda H.Daniels;Thomas W.Dwyer;Fred H.Younkins.
Staff:Executive Director Jack S.Hawbaker;Senior Planner James B.Witherspoon;
Associate Planner James P.Brittain,Assistant Planner Catherine T.Thompson and
Marion Snyder,Secretary.Not present:Charles F.Wagaman
The meeting was called to order at 7:05 P.M.
Requests For Variance Under Section 107:
Glen F.Sowers:
Mr.Sowers appeared before the Commission requesting a variance from the require-
ments of the Subdivision Ordinance to create a 3 acre lot from an existing 5 acre
parcel to be conveyed to an immediate family member which does not have frontage
on a public road.
On a motion by Mr.Dwyer,seconded by Mr.Younkins,the Commission voted to grant
the request for a variance to permit creation of a lot not having public road
frontage under Section 107 of the Subdivision Ordinance.So ordered.
Norman Keuper:
William Teach,representative for Mr.Keuper,appeared before the Commission to
request a variance to the requirements of the Subdivision Ordinance under Section
107 to allow creation of a 12 lot subdivision which cannot meet the 500'distance
requirements for a Primary highway due to inadequate sight distance and the topo-
graphy of the land.
On a motion by Mr.Younkins,seconded by Mr.Dwyer,the Commission voted to grant
the request for a variance under Section 107 of the Subdivision Ordinance to allow
the most appropriate location of the cul-de-sac to serve the subdivision and
waiving the 500'distance requirement for a Primary highway.Motion carried with
Mr.Herbst abstaining.
COMMUNICATIONS:
A letter from Acting Director of the Environmental Health Administration Max
Eisenberg to the Chairman as pertains to the disposal of sewage sludge was read
for the information of the Commission and for which no action was required.
OTHER BUSINESS:
HUD Certification Program:
The Commission discussed correspondence from the Director of Housing and Community
Development as pertains to approval by HUD of single family proposed construction
applications in new subdivisions and local area certification by HUD which is
intended to simplify procedures for application.Following discussion of the
proposal and the accompanying Chapter 3 of the HUD Handbook,it was the concensus
of the Commission that local area certification should be aggressively pursued.
On a motion by Mr.Dwyer,seconded by Mrs.Daniels,the Commission voted to
formally approve the request for local area certification by HUD as outlined in
Mrs.vanHilst's letter of January 28,and to fon;ard a letter to her in support
of the proposal for seeking such certification.So ordered.
UNFINISHED BUSINESS:
Subdivision Ordinance:
The Executive Director reported that responses have been received from all
agencies who were asked to review proposed revisions to the Subdivision Ordinance,
and that the draft has been retyped to show the proposed deletions and additions.
A workshop for review of the proposed changes will be scheduled as time permits,
possible within the next month.
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UNFINISHED BUSINESS,CONTD:
Water and Sewer Plan:
Jim Witherspoon,reporting on the status of the Water and Sewer Plan update,
stated that he had.been contacted by the State Environmental Health Administration
asking that something be added to the sewer section text of the plan specifying
that the holding tanks for the Brightwood Acres East development would be of an
interim nature only and would be approved on a trial basis.As a safeguard,the
EflA has asked that a statement be added to the effect that public sewer service will
be available at which time the holding tanks will be taken out of service and the
development commected to the line by the date stated.Conditional approval was
requested based upon written concurrence from the office of Water Pollution Con-
trol prior to asking the County Commissioners to accept the Plan as proposed
and schedule a public hearing.
Following further discussion of State Health Department requirements,the Commission
instructed the staff to contact the Environmental Health Administration and explain
the position of the Commission and request that letters of agreement be submitted
to the Commission which would outline the responsiblity of involved agencies and
the time frame for construction and hook up of such facilities involved after
which the Water and Sewer Plan will be written to reflect those agreements.
Jim also requested that a workshop be held to make a second presentation of the
Water and Sewer Plan to the County Commissioners after which a workshop for
the Planning Commission to set policy statements will be scheduled.April 1,
at 4:30 was agreed upon for the overview presentation to the Commissioners
with a date to be set for the Commission workshop at the first regular meeting in
April.
Also discussed were the maps proposed to accompany the Water and Sewer Plan and
the new format previously agreed upon.Estimated costs of the color maps is
projected at $500.00.A final decision was withheld pending additional information.
NEW BUSINESS:
Subdivisions:
Stone Loft Highlands:
The Executive Director pointed out that in view of the problems encountered
and extensions of time that have been granted for the Stone Loft Highlands
subdivisions,the developer has been advised that the application will be
considered this date and either approved or disapproved with the option being
.a request for withdrawal of the plat at the present time with subsequent re-
submittal at such time as the plat can receive agency approval by the Health
Department and Engineering Department.
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On a motion by Mrs.Daniels,seconded by Mr.Herbst,the Commission voted to
disapprove the Stone Loft Highlands Subdivision based upon lack of approval
being received from the Engineering Department and Health Department.So ordered.
1981 Work Program and Budget:
The Executive Director presented a proposed budget and work program which has
been prepared for presentation to the County Commissioners for FY 1981.
A summary of the Work Program for the coming fiscal year was outlined as pertains
to the tasks to be undertaken by the staff to include the Capital Improvements
Program,Comprehensive Plan,Water and Sewer Plan,Park Planning,Geohydrologic
Study,New Community Roads,Subdivision Ordinance Amendment,Zoning Ordinance
Amendments,Rezoning Cases,Agricultural Land Preservation,Annual Report,Plat
and Site Plan Review,Administration,and Solid Waste Plan.
On a motion by Mr.Dwyer,seconded by Mrs.Daniels,the Commission voted to
formalize the budget and work program as outlined for presentation to the County
Commissioners on April 1.So ordered.
OTHER BUSINESS:
Hospice Committee of Washington County:
Jim Witherspoon reported that he has been working with the local Hospice Committee
on a limited basis and requested that the Commission consider concurrence with
staff involvement in the program and involvement on the part of the Planning
Commission on a sponsorship basis should public seminars or informational meetings
be arranged in the future.It was the concurrence of the Commission that staff
involvement in the program should be continued on the basis as outlined and
discussed.
Agricultural Land Preservation Program:
Assistant Planner Catherine Thompson reported to the Commission that since the
adoption of the Agricultural Land Preservation Ordinance on Februray 19,that
the County is now able to accept applications.
HB-1204:
Copies of HB-1204 were distributed to the Commission for their informatio~which h,
to do with Planned Commercial and Industrial Developments.No action was required
on the part of the Commission.
HB-14l8:
The Chairman reported that he would be testifying on March 4 before the House of
Delegates Environmental Affairs Committee in Annapolis as pertains to HB14l8 and
that the Board of County Commissioners have endorsed the bill which has to do with
regulations in regard to the use of holding tanks.
Planning Commission By-Laws:
The Executive Director reported that he is studying reV1Slon of the By-Laws and
expects to have these changes ready for consideration in the near future.
ADJOURNMENT:
The meeting was adjourned at 9:30 P~M.
tAl.
Bache,
A Special Meeting of the Washington County Planning Commission was held on
Monday,March 31,1980 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,William E.Wolford,Jr.,and Fred H.Younkins.Not present:
Thomas W.Dwyer.
The meeting was called to order at 7:20 P.M.
?
County Commissioner Charles Wagaman stated his position saying that he felt that
it was not in the best interest of the Planning Commission nor the County Commis-
sioners that he take part in the finalization of the update of the Comprehensive
Plan at this point in time since he would be required to review and ultimately
render final decisions on Plan policies as a member of the legislative body.
COMPREHENSIVE PLAN DRAFT:
The Commission reviewed and discussed the finalized version of the Comprehensive
Plan draft and General Plan Map and following minor changes to the text of the
Plan,the Commission agreed to accept the General Plan Map showing the Growth
Areas as outlined by the staff and to adopt the final version of the draft Plan
with the corrections and deletions as discussed and proceed to advertise for public
informational meeting to inform the public of the changes that have been made,
afterwhich the revised Plan will be forwarded to the County Commissioners for
their consideration and necessary action.Motion by Mr.Herbst,seconded by Mrs.
Daniels.So ordered.Mr.Dwyer voted aye in absensia.
A date for the public informational meeting was established for March 21,1980
at 7:00 P.M.in Court Room #1 of the County Court House.
A letter is to be sent to the various groups and organizations to whom presentations
have been made to inform them of the changes that have been made to the Plan as a
result of these public meetings and informing them of the date of the public meeting
and that copies of the newly revised draft will be made available to them on an
individual basis by request.
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REZONING CASES:
On a motion by Mr.Wolford, seconded by Mrs.Daniels,the Commission voted to
forward RZ-207 to the Board of County Commissioners with a recommendation of
approval of the text amendment to the Zoning Ordinance.So ordered.
The Commission voted,on a motion by Mr.Herbst and seconded by Mrs.Daniels,to
fon,ard RZ-208 to the Board of County Commissioners with a recommendation that
the text amendment to the Zoning Ordinance be approved.So ordered.
By-Laws:
Following a brief discussion of the Commission By-Laws which are presently in the
process of study for amendment,the Commission voted,on a motion by Mr,Wolford
and seconded by Mrs.Daniels,that the By-Laws be amended as pertains to the
Section having to do with election of officers to take place on the first Monday
in June with elected officers to take office in July,in order to coincide with
the FY '81 Budget.So ordered.
ADJOURNMENT:
The meeting was adjourned at 9:40 P.M.
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~/1errance W.Bache,Charrman
,
The regular meeting of the Washington County Planning Commission was held on
Monday,April 7,1980 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 (arriving
at 7:20),Linda H.Daniels,Thomas W.Dwyer,Fred H.Younkins,Charles F.Waga-
man,and William E.Wolford.Staff:Executive Director Jack S.Hawbaker,James
P.Brittain,Catherine T.Thompson and James B.Witherspoon (arriving at 9:00 P.M.)
The meeting was called to order at 7:00 P.M.
There being no additions or corrections to the Minutes of the regular meeting of
March 3,1980,the Commission voted to approve the minutes as presented on a motion
by Mr.Dwyer,seconded by Mrs.Daniels.So ordered.
On a motion by Mrs.Daniels,seconded by Mr.Younkins,the Commission voted to
approve the Minutes of the Special Meeting of ~larch 31,1980 as written.So
ordered.
NEW BUSINESS:
Requests for Variances Under Section 107:
Mrs.Clarence Pike:
On March 3,a development plat was presented to the Commission staff on which it
was proposed to develop Lots C and D.Lot E shown on the plat would have been
approved under the simplified plat process with Lots shown as A and B already
having received approval.The request is for a variance to have a right of way
crossing over Lot B,to serve lots C and D.Although lot frontage is available
on Lots C and D,the grade is too steep to provide safe access,and by letter
from the County Engineer (by reference to the plat file)approval by that depart-
ment was denied because of excessive slope resulting in creation of a traffic
hazard.Therefore,it is requested to use the existing entrance to Lot B to
provide access to the lots which are proposed to be conveyed to immediate
family members.,
On a motion by Mr.Wagaman,seconded by Mrs.Daniels,the Commission voted to
grant approval of the request under Section 107 of the Subdivision Ordinance
based upon the topography of the land on the road frontage to Lots C and D,
to use a driveway through Lots B,D,and C as a common roadway for access to
those lots.So ordered.Mr.Herbst was not present.
Suburban Bank:
Mr.Gerald Cump,representing Suburban Bank appeared before the Commission to
request a variance to permit ingress and egress on Maugans Avenue to provide
direct access to a drive-in bank,and which does not meet the 300'distance
requirement for a secondary road.Access is also to be utilized by an existing
unused access which .is,·tJ:>remain in ownership of the Martin Company.
Following discussion as pertains to negotiations for ownership of the existing
access which could serve the bank and safety factors involved in the creation
of an additional access from Maugans Avenue,the Commission determined that no
hardship exists and voted to deny the request for a variance on a motion by
~lr.Wolford,seconded by t-lrs.Daniels.The motion carried wi th Mr.Wagaman
voting "No",and Mr.Herbst abstaining since he was not present during discussion.
Knight Brothers:
William Teach appeared before the Commission requesting a variance on behalf
of the Knight Brothers.The proposed design,due to be submitted for pre-
liminary consultation,contains 6 lots of which two lots do not abutt a
public road.It was requested that lot 3 be given a r/w over the fee simple
access to lot 4 and lot 5 be given a r/w over the fee simple access to lot 6.
Lots 4,5 and 6 are to be conveyed to immediate family members only.
On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to arant the
variance.under Section 107 of the Subdivision Ordinance as requested to permit
subdIVISIon of the lots to i.mmediate family members due to the topography of the
land.So ordered.
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NEW BUSINESS,CONT'D:
Subdivisions:
Sun Chemical -Preliminary,Final and Site Plan Approval:
Upon review of the plat file and noting that all agency approvals have been
received,and that questions raised by the Health Department in regard to
the disposal of chemical wastes have been satisfied,the Commission voted,
on a motion by Mr.Wagaman,seconded by Mr.Dwyer to grant Preliminary approval
and Site Plan Approval.So ordered.
On a motion by Mr.Wagaman,seconded by Mr.Dwyer,the Commission.voted to grant
Final Approval to the subdivision as meeting all requirements of the Subdivision
Ordinance in conformance with the configuration of the site plan.So ordered.
Sharpsburg Bible Church -Preliminary and Site Plan Approval:
William Teach,representing the Sharpsburg Bible Church,appeared before the
Commission to request approval of a proposed exchange of land between the
Sharpsburg Bible Church and Abbodust Enterprises Inc.developers.The request
would include a variance to allow the church to utilize a private access to
remain in ownership by the developer,the details of which are to be worked
out in an agreement for construction and maintenance of the right of way.
Noting that the plat as proposed contains no adverse comments from any reViewing
agency,the Commission voted,on a motion by Mr.Wagaman,seconded by Mr.Herbst,
to approve the transaction of the property as proposed which includes the use
of the right of way as agreed upon between the Sharpsburg Bible Church and the
developer.So ordered.
OTHER BUSINESS:
Lakeside Park,Section II,Part A -Site Plan:,
Mr.William Kees,Firm of Baker-Wibberley and Associates and Mr.Michael
Weinman,representing Lakeside Park Partnership,appeared before the Commission
requesting consideration of the Lakeside Park,Section II,Part A site plan.
The staff report pointed out specific items of concern with the revision to
the site plan which was previously approved conditionally by the Commission on
August 6,1979.The concerns,specifically,are the addition of 20 more mobile
home sites than were previously approved;removal of the swimming pool area;
net acreage requirement relative to density;reservation of tot lot open space
not shown;limits of the 100 Year Flood Plain not delineated;and non-specification
of the development of the reserved recreational area.The Commission discussed
these concerns in detail with the consultant and unanimously agreed,on a motion
by Mrs.Daniels and seconded by Mr.Wagaman,that the site plan approval of
August 6,1979 was sufficiently different than the revised submittal so that
it is not to be considered as being the same site plan,and consequently with-
drew the site plan approval previously granted on August 6,1979.So ordered.
The Commission,in consideration of the revised Lakeside Park,Section 2,part A
site plan as resubmitted,discussed the problems of review of the plan as set
forth in a memorandum from the Executive Director to the office of the Department
of Building Permits and Inspections dated January 31,1979,particularly as per-
tains to the proposed density which had not been specifically addressed in terms
of net density on the site plan submittal which had received conditional approval
on August 6,and which now does not meet the requirements of the Zoning Ordinance
as computed.
It was the position of the Planning Commission that the approval granted to the
site plan in August 1979 was changed primarily as pertains to the number of
lots shown (density),change in the swimming pool area,and changes in the
recreational area.
In regard to the question of computing the net acreage for the site area,
a motion was made by Mr.Wagaman,seconded by Mrs.Daniels,that the developer
be requested to provide the Commission with a general plan of development of
the recreational area with the approximate dimensions shown,a schedule of
development with some details as to the type and nature of development and a
means of access for use of the residents to the recreational area.So ordered.
Lakeside Park,Section II,Part A,cont'd:
In glvlng direction to the developer in the preparation of re-submittal of
the site plan,the Commission determined that the points raised in the memoran-
dums contained in the site plan file dated July 30,1979,August 9,1979,
January 31,1980 and April 2,1980 be addressed,plus what has been discussed
at this meeting,and witholding any consideration of approval until the site
plan has been re-submitted accordingly.
NEW BUSINESS:
Request for Variance Under Section 107:
Mark Moore:
Staff review pointed out that the Moore's purchased a 15.8 acre parcel of land
formerly owned by the State Highway Administration on the west side of Maryland
Route 67,and were now requesting that the Commission grant approval to the
subdivision of the parcel into three five acre parcels for himself and members
of the immediate family.The State has not made provisions for additional
right of way other than that shown nor allows any other point of access other
than the point shown because of sight distance and topography of the land.
The Moore's are requesting that a variance be granted to allow the lots to be
served via a fee simple access with a provision in the deed to grant access to
the two lots nor fronting the public road by construction of a private road.
On a motion by Mr.Wagaman,seconded by Mr.Herbst,the Commission voted,that
based upon the topographic restriction of the land and restrictions by the
State Highway Administration that the Moore's be allowed to construct a private
road to serve the three lot subdivision of the 15.8 acres only,under the
provisions of Section 107 of the Subdivision Ordinance with the understanding
that no other lots may be served by the road.So ordered.
COMMUNICATIONS:
Letter from Barry A.Teach to Alan Musselman;
For the information of the Commission,a letter was distributed from County
Administrator Barry Teach to the Executive Director of the Agricultural Land
Preservation Foundation,Alan Musselman,dated March 19,1980 in reference to
the matching local funding program of the Agricultural Land Preservation Pro-
gram in which it was stated that that the Board of County Commissioners,at
their meeting of March 18,had declined to participate in this aspect of the
program.
Letter from Annette vanHilst:
,
A letter was distributed for the information of the Commission from Annette van
Hilst to the Board of County Commissioners in reference to Local Area Certifi-
cation by HUD for FHA and VA approved subdivisions.Previous action of the
Planning Commission supported this process of seeking certification for the County.
Letter from James B.Witherspoon to Louis Plummer:
Also distributed for the Commission's information was a copy of a letter from
Jim Witherspoon to Louis Plummer dated March 12,1980,in regard to the status
of agency approvals for the Brightwood Acres East,Section A final plat and
also pertaining to amendment of the Water and Sewer Plan to provide sewerage
service to the development by the use of holding tanks.
Request for Extension of Time:
Russell W.Priest:
A six month extension of time for consideration of the Russell W.Priest subdi-
vision was requested to allow time for Health Department requirements to be
satisfied.
On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to grant
the request for a six month extension of time for consideration of the Priest
subdivision,the expiration of which will be October 8,1980.So ordered.
COMMUNICATIONS,CONT'D:
Cohill Estates:
On a motion by Mr.Wagaman,seconded by Mr.Dwyer,the Commission voted to
grant an extension of 6 months time for consideration of Cohill Estates,
Section A to allow for Health Department requirements as pertains to test
wells.The expiration of this extension will be October 9,1980.So ordered.
Letter from Max Eisenberg:
For the Commission's information,a letter from Max Eisenberg,Acting Director
of the Environment~l Health Administration to the County Health Officer was
distributed in regard to a sewerage flow allocation table for public and private
utility company treatment plants in the County,and advising that it would be
required to maintain records of unit flows based upon the approval of subdi-
vision plats and building permits in order to remain within the adequacy of
facilities.It was pointed out that monitoring .of subdivision activity may
result in asewer moritorium.
A motion was made by Mr.Wagaman and seconded by Mr.Dwyer to invite Mr.Eisen-
berg,Dr.John Neill,County Health Officer,and other agency representatives
to meet with the Planning Commission to discuss the letter from the Environmental
Health Administration dated March 18,as it pertains to sewer connections and
Cj:consequent moritorium at the earliest possible date.So ordered.
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~OTHER BUSINESS:
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~Agricultural Land Preservation Application -Ford:
The Executive Director advised the Commission that the first application for
an Agricultural Preservation District has been submitted and would be placed
on the Commission agenda for the first meeting in May.Once the application
has been received,the Commission has 60 days in which to respond.
Chairman Bache asked that all District Applications be addressed as they would
relate to 201 Facilities Plans in addition to the Water and Sewer Plan as they ?
are now being processed.
Commission By-Laws:
The Executive Director stated that the By-Laws of the Commission have been
extensively revised as a result of recent review.The Commission asked that
consideration of the revised By-Laws be held for the next meeting.
MEETING DATES:
A workshop for the reV1Slon of the Water and Sewer Plan was scheduled for
April 21 and a workshop meeting for the Subdivision Ordinance revision will
be held on May 12.The public meeting for the draft Comprehensive Plan will
be April 28,i.n Court Room No.1 of the Court House.
ADJOURNMENT:
The meeting was adjourned at 10'20 P.M.
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Terrance W.Bache,Chalrman
A Special Meeting of the Washington County Planning Commission was held on
Monday,April 21,1980 at 7:30 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,Thomas W.Dwyer,William E.Wolford,and Fred H.Younkins.
Not present:Charles F.Wagaman.Staff:Executive Director Jack S.Haw-
baker,James B.Witherspoon,Senior Planner,Catherine T.Thompson,Assistant
Planner,and Marion Snyder,Secretary.
The meeting was called to order at 7 :·35 P.M.
WATER fu~D SEWER PLAN -1980 UPDATE:
A presentation and highlights of the Water and Sewer Plan update was given by
Jim Witherspoon,summarizing for the Commission the changes that have been
accomplished in the required bi-annual update of the Water and Sewer Plan to
fulfull requirements of the State Department of Health and Mental Hygiene.
Particular attention was drawn to the sections dealing with updated contami-
nated well data which will also be available to the consultant who is pre-
paring the geohydrologic study for the County,the program for solving water
quality problems,and existing and planned systems and changes in classifi-
cation data.It was also suggested that the Commission may want to look at
Chapter V of the Plan relative to determining what they might wish to include
in that chapter as policy statements.
The Commission also discussed the S-6 classification in relation to the
policies stated in the Comprehensive Plan which are intended to encourage
clustering of development in rural areas and the steps that would have to be
taken by the developer in utilizing that option.It was suggested that a
request of S-5 classification could be requested in the initial stages and
that in order to more effectively serve this policy,some statementbe included
in the Water and Sewer Plan to coordinate this policy with the Comprehensive
Plan pOlicies.
It was also suggested that the section dealing with alternatives to septic
systems should be expanded to include the interim use of holding tanks,and
that the Commission include a recommendation in support of a policy for '!
centralized management for sewer and water through a Board of Public Works.
Jim asked for another workshop on the Water and Sewer Plan to take place
shortly after the next regular meeting of the Commission,in the meantime
contacting Larry Johnson of Frederick County ln regard to the function of
a Board of Public Works,and Mr.Payne of the City of Hagerstown in regard
to the use of alternative systems.
AGRICULTURAL PRESERVATION DISTRICT:
Application No.AD-80-l,the Ford Property:
Catherine Thompson outlined for the Commission,the procedure to be followed
in the establishment of an Agricultural District and reviewed application
No.AD-80-l for the Ford Property.
On a motion by Mr.Herbst,seconded by Mrs.Daniels,the Commission voted
to fOTI;ard Application No.Ad-80-l to the Board of County Commissioners along
with a recommendation that it be approved.So ordered.
Application No.AD-80-2,the Carr Property:
On a motion by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to
forward Application No.AD-80-2 to the Board of County Commissioners with a
recommendation that the application be approved as an Agricultural District.
So ordered.
ADJOURNMENT:
The meeting was adjourned at 9:50 P.M.
Cnairman
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The Regular Meeting of the Planning Commission was held on May 5,1980 at 7:00
P.M.in the second floor conference room of the Court House Annex.
Present were:Chairman Terrance W.Bache;Vice-Chairman John C.Herbst (arriving
at 7:30);Charles F.Wagaman;William E.Wolford;and Fred H.Younkins.
Not present:Linda H.Daniels and Thomas W.Dwyer.
Staff:Executive Director Jack S.Hawbaker,James B.Witherspoon,Senior Planner,
James P.Brittain,Associate Planner,Catherine T.Thompson,Assistant Planner,
and Marion Snyder,Secretary.
The meeting was called to order by the Chairman at 7:05 P.M.
The Chairman introduced the Planning Commission members and staff and explained
the guidelines for conducting Commission business to those present in regard to
items to be considered.
NEW BUSINESS:
Requests for Variances Under Section 107 of the Subdivision Ordinance:
Board of Education:
Willis Weikert appeared before the Commission representing the Board of Education
to request a variance to be granted for the property known as the Nesbitt House
which is located near the Clear Spring High School and Clear Spring Outdoor School.
The request is to subdivide a one acre parcel on which the house is situated and
does not have public road frontage on Broadfording Road.It is proposed to
provide access by means of a 40'right of way.The Nesbitt House is listed on
the Historical Sites Survey of·historical sites.
The Commission voted,on a motion by Mr.Wolford,seconded by Mr.Wagaman,to
grant the variance under Section 107 of the Subdivision Ordinance to provide
buffer protection to the historical site.So ordered.
Dr.Gerald Schipper:
William Teach,representing Dr.Schippe~requested a variance to permit a
private right of way to prOVide access to an existing farm house in order to
transfer the land.It is intended that upon development of the entire tract
owned by the developer,that the parcel will be tied into a future public street
which has previously been granted conceptual approval.
Fire and Rescue concerns have been satisfied as pertains to emergency access.
On a motion by Mr.Wagaman,seconded by Mr.Wolford,the Commission voted to
grant the variance under Section 107 to permit access across private lands
provided that a note be placed on the plat that a connection will be made to
provide public road access when the balance of the property is subdivided and
that the private right of way will be abandoned.So ordered.
Margaret Reed:
It was requested that a variance be granted to permit the creation of two lots
having no public road frontage off Route 40 which are proposed to be served
by an existing private lane which is used principally for agricultural purposes
and are intended for transfer to immediate family members.Due to the topo-
graphy,no other feasible access is available.
On a motion by Mr.Wagaman,seconded by Mr.Younkins,the Commission voted to
grant approval to the proposed subdivision of the lots for conveyance to members
of the immediate family for agricultural purposes and based upon the topography
of the land,under Section 107 of the Subdivision Ordinance.So ordered.
Subdivis ions:
R.Earl Roulette,Preliminary:
The staff report pointed out conditions of the County Engineer relative to Lots
1,2,and 3 as pertains to construction of the road and to the placement of a
storm water management retention pond on a portion of lot 3 intended to serve
an adjoining subdivision.Also,Health Department conditions are still to be
satisfied.(Included by reference to the plat file S-79-l67).
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R.Earl Roulette,Preliminary,(Cont'd.)
The Commission voted,on a motion by Mr.Wagaman,seconded by Mr.Herbst,to
grant approval of the R.Earl Roulette subdivision subject to satisfying
conditions for final approval as outlined in the County Engineer's memO of
January 30,1980 and Health Department letter dated April 3,1980.So ordered.
Robinwood,Section "H",Preliminary:
For the record,Mr.Bache disqualified himself from participation in discussion
and action on this subdivision because of possible conflict of interest.Mr.
Herbst assumed the chair for consideration of Robinwood,Section "H".
Staff review pointed out that the 35 acre section H of Robinwood will need a
variance as pertains to the length of the proposed cul-de-sac which exceeds the
600'distance in length due to problems with sigijt distance and the location of
a storm water managemeAt retention area.Also,areas identified on the plat
as remaining lands are to be identified by boundary reference since the lots
are too small to be used as residential building lots.
On a motion by Mr.Wagaman,seconded by Mr.Wolford,the Commission voted to
approve the granting of a variance as pertains to the length of the cul-de-sac
in compliance with agency recommendations and to grant Preliminary Approval
with the stipulation that remaining lands be given metes and bounds descrip-
tions and restricted in use for purchase to add to adjoining lands or to a
public agency,and not for residential development.So ordered .
.Antietam Paper Company,Preliminary,Final,and Site Plan:
For the record,Mr.Wagaman disqualified himself from participation and action
for the Antietam Paper Company because of a possible conflict of interest.
Mr.Bache resumed chairing the meeting.
Noting that all agency approvals have been satisfied,that the proposed warehouse
and office is a principal permitted use in the HI District located in the Oak
Ridge Industrial Park,and that notes have been placed on the plat relative to
retaining mature trees and also pertaining to the portion of land to be re-
tained for storm water management,the Commission voted,on a motion by Mr.
Herbst,seconded by Mr.Wolford to grant Preliminary Approval to the plan of
subdivision.So ordered.
On a motion by Mr.Younkins,seconded by Mr.Herbst,the Commission voted to grant
Final Approval to the subdivision plat for the Antietam Paper Company.So ordered.
Noting that the Fire Marshal had granted approval to the site plan by way of a
note on the Commission's form letter of transmittal of the plat,the Commission
voted to grant approval of the site plan with the stipulation that Mr.
Cronauer be requested to reconfirm his position in regard to the adequacy of
the overall fire protection system on letterhead stationery from the office of
the Fire Marshal.The motion was initiated by Mr.Wolford,seconded by Mr.
Younkins.So ordered.
OTHER BUSINESS:
Lakeside Park,Section II,Part A,Site Plan:
The staff outlined changes made to the third reVISIon of the Lakeside Park,
Section II,Part A Site Plan which were made as a result of previous Commission
review and action in setting forth guidelines to the consultant in resolving
concerns principally in regard to density and reservation of open space areas.
The staff stated that they were now satisfied that the consultant has addressed
and satisfied the points of concern and that they have been designated as such
on the site plan.(Reference is made to the site Plan File SP-80-2).
In review of the revised Site Plan,the Commission expressed further concern in
regard to the retention pond area for storm water management as it might affect
the safety of small children playing in the area,particularly those mobile
home spaces shown as 343 through 357 on Spring Lake Lane.Mr.Weinman,developer
of the Lakeside Park Partnership,agreed to follow the recommendations of the
Commission as to how the question could be resolved to satisfy the concerns
expressed.
On a motion by Mr.Wolford,seconded by.Mr.Wagaman,the Commission voted to grant
approval of the revised Site Plan for Lakeside Park,Section II,Part A,
Change of name for Sections "F"and "G"of Confederate Hills:
Accepted administratively by Planning Staff on August 31,1981 for change
of name to Sections "A"and "B"of Potomac Crest Subdivision.Staff
decision upheld by Planning Commission at the regular meeting of September
8,1981.(See minutes of September 8,1981).
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Lakeside Park,Section II,Part A -Site Plan:CCont'd.)
conditioned upon a reasonable length of standard residential chain link fencing
or its equivalent,being placed at the rear of mobile home spaces 343 through 357
on Spring Lake Lane to cover the lots on the bank of the storm water management
retention pond.So ordered.
NEW BUSINESS:
Subdivis ions:
Confederate Hills,Sections "F"and "G"-Preliminary:
The staff report pointed out that the subdivision plat file contains comments from
various agencies in regard to final design and grading computations,and other
engineering technicalities intended to be worked out prior to the submittal of
final drawings.The staff also recommended that a portion of the 20'easement
shown on the plat as extending between Section "F"and future Section "E"be
reserved for a pedestrian walkway in addtion to its use as a utility easement.
The Commission,on a motion by Mr.Wagaman and seconded by Mr.Wolford,voted
to grant Preliminary Approval to Sections "F"and "G"of Confederate Hills and
directed the consultant to include 5'of the 20'easement specifically as a
pedestrian walkway as recommended in the staff report.So ordered.
Confederate Hills,Section A:
Because of Health Department disapproval of some of the lots in Section "A"of
Confederate Hills,the consultant has asked that consideration of this section
be postponed.
OTHER BUSINESS:
RZ-209:
The Executive Director explained that the County Commissioners have made applica-
tion to provide for a text amendment to Section 14.1 Ca)of the Zoning Ordinance
to include penal and correctional institutions in an "IG"District.
In discussing the Planning Staff Report and Recommendations,the Commission stated
that it was felt that the approach to the reclassification should be undertaken
in the conventional manner by requesting a special exception of the Board of
Appeals,but that because of the sound comments and rationale contained in the
staff recommendations dated May 2,1980,that the amendment be approved with a
reco~~endation to the County Commissioners that the proposed wording be included
in the Zoning Ordinance as Section 14.2 Ca)and not 14.1 Ca)in the "IG"Dis-
trict of the Zoning Ordinance.
The motion was initiated by Mr.Herbst,seconded by Mr.Wolford,Mr.Wagaman
abstained.So ordered.
Comprehensive Plan:
The Commission concurred with the inclusion of the sections of the Comprehensive
Plan dealing with comments of the City of Hagerstown Planning Commission relative
to some minor revisions to the draft Plan prior to its being presented to the
Board of County Commissioners on Tuesday,May 6,at 2:30 P.M.Members of the
Commission were urged to be present for the presentation.
ADJOURNMENT:
TI,e meeting was adjourned at 10:10 P.M.
MEETINGS:
Continuation of the Regular Meeting on May 12,1980,in the second floor conference
room of the Court House Annex at 7:00 P.M.
-~./~/?P t!~c(:r
Terrance W.Bache,Chairman
///
111e continuation of the Regular Meeting of May 5,was held on May 12,1980
starting at 7:00 P.M.in the second floor conference room of the Court House
Annex.
Present were:Chairman Terrance I~.Bache,Vice Chairman John C.Herbst,Linda
H.Daniels,Thomas W.Dwyer,William E.Wolford,and Fred H.Younkins.Not
present:Charles F.Wagaman.
Staff present:Executive Director Jack S.Hawbaker,Senior Planner .Tames B.
Witherspoon,Associate Planner James P.Brittain,Assistant Planner Catherine
T.Thompson,Charles R.Wiederhold,Park Planner,and Marion Snyder,Secretary.
The meeting was called to order at 7:10 P.M.
MINUTES:
On a motion by Mr.Wolford,seconded by Mrs.Daniels,the Commission voted to
accept the Minutes of the regular meeting of April 7,1980 as written.So
ordered.
On a motion by Mrs.Daniels,seconded by Mr.Younkins,the Commission voted
to approve the Minutes of the Special Meeting of April 21,1980 as written.
So ordered..
The Commission requested that changes and deletions be made to the Minutes
of the Regular Meeting of May 5,to read under Requests for Variances,Dr.
Gerald Schipper,. . ."a future public street which was previously granted con-
ceptual approval,"and to delete the words cul-de-sac,and to serve the future
development.rurther,a correction under Other Business,Lakeside Park,Section
II,Part A Site Plan was made to read "On a motion by Mr.Wolford,seconded by
Mr.Wagaman"instead of On a motion by Mr.Wagaman,seconded by Mr.D\qer.
The minutes of the regular meeting of May 5,1980 were approved with the
revisions as stated,on a motioJ1 by /·11'.'Volford and seconded by Mrs.Daniels.
So ordered.
NEW BUSINESS:
Development Plan -Youngstoun,Section II:
The Executive Director informed the Commission that a meeting had been held with
the Developer and representatives of the consulting firm of Oliver-Cump and Assoc.
as pertains to staff review of the Youngstoun Development Plan and stated that
Mr.Sheedy has expressed a desire to work with the staff to design a workable
plan.
A presentation of the Development Plan,including a list of nine items of concern
of the staff (by reference to the file (DP-80-l)),was outlined by Senior Planner,
Jim Witherspoon,relating specifically to :open space of the gross area
(Sec.16.7 C -Zoning Ordinance);maximum densities (Sec.22.6 (a)and Sec.10.9);
a note to the effect that any subsequent plat or site plan approval is to be based
upon standards which are al'plicable to the development plan as a "hole;location of
different housing types;a'through street connection to link the residential section
to the west to the remainder of the development;interpretation of Note 17,having
to do with the traffic impact study as affects Robinwood Drive;design of the
Townhouse area as relates to the requirements of the Zoning Ordinance;traffic
volumes upon the proposed road system;and the placement of Garden Apartment #1.
(Comments of review agencies are included by reference to the development plan file.
(DP-80-l).
During discussion ,;ith the Commission on all of the above items of concern,~Ir.Shq
offered a proposal that the Commission consider approval of the concept plan con-
tingent upon satisfying the concerns expressed "ith the option to allow the Town-
house area to be so designated until the plan is ready to be submitted at the
site plan stage,saying he "ould not like to preclude options at the site plan
submittal stage relative to designation of the active recreational area and flex-
ibility of design ancl density pertinent to the total area.lie also asked direction
as pertains to the connection of the cul-de-sacs.
Youngstoun Development Plan,Section II:
After further discussion of the points raised in which the staff stated objections
to Mr.Sheedy's proposal to be allowed not to design the Townhouse area at this time,
a motion was made by ~1r.Wolford,seconded by Mr.Dwyer,that the Planning Commission
take the position that the Development Plan for Youngstoun,Section II,be approved
provided that the Townhouse Area be redesigned mutually between the staff and the
developer to bring it more into line with the density requirements in the Townhouse
District of the Zoning Ordinance (Sec.22.6(a)and satisfying the items of concern
expressed by the staff.Also,approval is based upon the staff being satisfied
as to the location of the Garden Apartments on the west side of the development
adjacent to the Youngstoun Development,Section I.The motion does not preclude
the connection between the cul-de-sacs.So ordered.
P~rk Planning:,.•
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'rhe Jixecuti ve Director presented the current Park Planning Work Schedule to the
Commission,explaining its flexibility at this time and the role of the Planning
Commission in Park Planning as provided for in Article 66B.In working with
the Director of Parks and Recreation in coordination with Park Planner Chuck
Wiederhold,the schedule was developed to specify the current projects.Mr.
Hawbaker asked the Commission for endorsement of the schedule so that it could be
formally adopted and made known to the Park Board and to the County Commissioners
in regard to the Commission's position as pertains to the need for a sound park
planning program.
Following discussion,a motion was made by Mrs.Daniels,seconded by Mr.Herbst,
to adopt the curi-ent work schedule and to cooperatively define the park planning
process and the role of the Planning Commission,Planning Staff,and Park Board
to initiate a sound planning process of park site selection and development to
meet the needs of the community in concert with the overall concept of the Plan
for the County.
After further discussion,the motion was amended by Mrs.Daniels,seconded by Mr.
Herbst,to include expansion of the current work schedule to include a further
explanation of each current project listed,specifically justifying its present
status,and adding an overall responsibility description of the roles of the
Park Planner and the Planning Commission.So ordered.
~gricultural Land Preservation ~istrict Applications:
William M.Allenberg,et al:
On a motion by Mr.Herbst,seconded by Mr.Daniels,the Commission voted to
forward a recommendation of approval of the Agricultural District Application
for William M.Allenberg,et al.to·the Board of County Commissioners.So ordered.
St.James School,Inc:
The Conmission voted,on a motion by Mrs.Daniels and seconded by Mr.Dwyer,to
forward a recommendation of approval of the Agricultural Preservation District
application for St.James SCMol to the County Commissioners.Motion carried
with Mr.Wolford abstaining.
Rural Conservation Conference:
The Commission concurTed with the Executive Director's request to authorize the
transfer of funds from one line item of the budget to the Travel and Per Diem item to
pay registration fees for Catherine Thompson and Jim Witherspoon to attend the
Rural Conservation Conference in Washington D.C.on June 14.
NEXT ~IEETING DATE:
The next meeting of the Commission will be held on Tuesday,May 20,to complete
the agenda items that have not been considered.
ADJOURN~mNT:
The meeting was adjourned at 10:20 P.M.
~w/l~
Terrance W.Bache,Chairman
;;1
The regular meeting of the Planning Commission was held on Tuesday,~lay 20,1980
at 7:00 P.M.in the second floor conference room of the Court House Annex.
Present were:Chairman Terrance W.Bache;Vice Chairman John C.Herbst (arriving
at 7:20);Linda H.Daniels;William E.Wolford;and Fred H.Younkins.Not present:
Thomas W.Dwyer and Charles F.Wagaman.
Staff present:Executive Director Jack S.Hawbaker;Senior Planner James B.Wither-
spoon;Assistant Planner Catherine T.Thompson,and Marion Snyder,Secretary.
The Meeting was called to order at 7:10 P.M.by Chairman Bache.
COMMUNICATIONS:
Letter from Sydney B.Severe:
The Executive.Director brought to the attention of the Commission a letter from Sidney·
B.Severe relating to local area certification by HUD which will enable HUD funds to
come into the County for housing subsidies.He will be meeting wit~the Executive Dir-
ector within the next 30 days to determine if the Cowlty's Subdivlsion Ordinance
regulations are applicable to H.U.D.standards.No action required.
Letter from Hagerstown Planning Commission:
For the information of the Commission,the Executive Director summarized a letter
from the Hagerstown Planning Commission in regard to the annexation by the City of
the Snook property in the Halfway area which had previously been considered by
the Commission as a rezoning case and subsequently denied by the County Commissioners.
No action required.
Municipal Sewer Problems:
inc Commission discussed a staff summarization of a meeting held on April 16,1980
with municipalities,City and County agencies,and State Department of Heal th represen-
tatives,relative to a discussion of problems of the sewage treatment plants of the
Towns of Boonsboro,Smithsburg,and Hancock,and in particular,relative to comments
of the Environmental Health Administration in a letter dated May 9,1980 from George
W.Forbes to the Mayor of Smithsburg relative to flow allocation permits and sludge
management problems which need to be corrected.
Following discussion of what the role of the Planning Commission could be in trying
to resolve the municipal sewer problems in coordination with ehe Environmental Health
Administration,it was the concensus of the Commission that the staff should be
instrumental in arranging a meeting between the Commission staff,Or.Neill and Mr.
Rooney of the County Health Department,and the Commission Chairman at an early date.
UNFINISHED BUSINESS:
Subdivision Ordinance:
The Executive Director outl ined the status of the revision of the Subdivision Ordinance
explaining that the revisions that have been made are incorporated into a draft that
is now waiting review by the Commission and asked that a workshop meeting be estab-
lished for this purpose.He also recommended that the Commission consider purchasiilg
loose-leaf binders rather than utilize permanent binding in order to more easily
amend the document when it becomes necessary in the future.A workshop to review
the revised Subdivision Ordinance was established for June 23,prior to which the
Commission will receive the proposed changes and new wording,along with any written
comments received as a result of distribution to interested parties.
By-Laws:
The Commission reviewed the proposed changes to the By-Laws and requested that minor
revisions be made to the following Articles:Article III,Soction 6,add "except for
the ex-officio member";Article IV,Section 2,. . .more than two additional terms";
Article V,Section 1,"first regular meeting in June in order to take office at the
first regular meeting in July";Article VI,Section 1,delete "in the Washington
County Office Bui.!ding,Hagerstown,Maryland";Article VI,Section 2,add "and
voting".The Commission asked the staff to make the requested changes and bring
the amended By-Laws back to the regular meeting in June for their consideration and
action.
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The regular meeting of the Planning Commission was held on Tuesday,~lay 20,1980
at 7 :00 P.~1.in the second floor conference room of the Court House Annex.
Present were:Chairman Terrance W.Bache;Vice Chairman John C.Herbst (arriving
at 7:20);Linda H.Daniels;William E.Wolford;and Fred H.Younkins.Not present:
Thomas W.Dwyer and Charles F.Wagaman._.
Staff present:Executive Director Jack S.Hawbaker;Senior Planner James B.Wither-
spoon;Assistant Planner Catherine T.Thompson,and Marion Snyder,Secretary.
The Meeting was called to order at 7:10 P.M.by Chairman Bache.
COMMUNICATIONS:
Letter from Sydney B.·Severe:
The Executive Director brought to the attention of the Commission a letter from Sidney
B.Severe relating to local area certification by HUD which will enable HUD funds to
come into the County for housing subsidies.He will be meeting with the Executive Dir-
ector within the next 30 days to determine if the County's Subdivlsion Ordinance
regulations are applicable to H.U.D.standards.No action required.
Letter from Hagerstown Planning Commission:
For the information of the Commission,the Executive Director summarized a letter
from the Hagerstown Planning Commission in regard to the annexation by the City of
the Snook property in the Halfway area which had previously been considered by
the COlmnission as a rezoning case and subsequently ,denied by the County Commissioners.
No action required.
Municipal Sewer Problems:
The Commission discussed a staff summarization of a meeting held on April 16,1980
with municipalities,City and County agencies,and State Department of Heal th represen-
tatives,relative to a discussion of problems of the sewage treatment plants of the
Towns of Boonsboro,Smithsburg,and Hancock,and in particular,relative to comments
of the Environmental Health Administration in a letter dated May 9,1980 from George
W.Forbes to the Mayor of Smithsburg relative to flow allocation permits and sludge
management problems which need to be corrected.
Following discussion of what the role of the Planning Commission could be in trying
t~resolve the municipal sewer problems in coordination with the Environmental Health
Administration,it was the concensus of the Commission that the staff should be
instrumental in arranging a meeting between the Commission staff,Dr.Neill and Mr.
Rooney of the County Health Department,and the Commission Chairman at an early date.
UNFINISHED BUSINESS:
Subdivision Ordinance:
The Executive Director outlined the status of the revision of the Subdivision Ordinance
explaining that the revisions that have been made are incorporated into a draft that
is now waiting review by the Conunission and asked that a workshop meeting be estab-
lished for this purpose.He 'also recommended that the Commission consider jlurchasiilg
loose-leaf binders rather than utilize permanent binding in order to more easily
amend the document when it becomes necessary in the future.A workshop to review
the revised Subdivision Ordinance was established for June 23,prior to which the
Conunission will receive the proposed changes and new wording,along with any \vritten
comments received as a result of distribution ,.0 interested parties .
.!!y-Law~:
The Commission reviewed the proposed changes to the By-LaI;s and requested that minor
revisions be made to the following Articles:Article III,::Cction 6,add "except for
the ex-officio member";Article IV,Section 2,..'more than two additional terms";
Article V,Section 1,"first regular meeting in June in order to take office at the
first regular meeting in July";Article VI,Section I,delete "in the Washington
County Office Building,lIagerstO\;n,Maryland";Article VI,Section 2,add "and
voting".The COlllmission asked the staff to make the requested changes and bring
the ,ul1cl1ded By-Laws back to the regular meeting in .June for their consideration and
action.
UNFINISHED BUSINESS,CONTD:
Water and Sewer Plan:
Senior Planner Jim Witherspoon discussed the current update of the County Water and
Sewer Plan and identified new material which has been added since the last status
report to the Commission.He asked that the Conunission give approval to forward
the draft to the State Health Department,State Department of Planning and Water
Resources Administration as well as local agencies and municipalities for a review
period,after which some further amendments may be required prior to sending the
Plan to the County Counnissioners.He also recounnended that a presentation be made
to the County Commissioners at this time for further briefing relative to the
policy statements for water and sewerage.
Following review of the mapping sections and noting some inaccuracies,the Commission
agreed that a note should be placed in the mapping section to the effect that the
maps are based upon the best information available and that any discrepancies as
pertains to actual field conditions will be corrected administratively.
On a motion by Mr.Wolford,seconded by Mrs.Daniels,the Commission voted that
the Water and Sewer 'Plan as presented this date,be forwarded to the necessary
reviewing agencies.So ordered.
The staff was also authorized to proceed with scheduling a meeting with the Sanitary
Counnission at one of their regular meetings to make a presentation of the proposed
Water and Sewer Plan revision.
'201'Facilities Plan:
The Counnission discussed Step II-Design of the 201 Facilities Plan for the Hagerstown
area relative to proposed alternatives as a result of consultant review as pertains
to the Robinwood-Brightwood Acres Areas,Route 40 Area and the Sharpsburg Pike area.
The'report has been submitted to the Sanitary District and the State Health Depart-
ment for counnent.No official action was taken by the Commission.
NEW BUSINESS:
Brightwood Acres/Ditto Park Holding Tanks:
For the information of the Commission,the Executive Director brought to their
attention correspondence from the Water Pollution Control Department to the Depart-
ment of Parks and Recreation,the Department of Health and Mental Hygiene to the
City of Hagerstown,and the legal representatives of the developer of Brightwood
Acres East,relative to the sitit,g of sewage holding tanks in the Ditto Farm Park.
The Counnission discussed the proposal as pertains to the the facilities that may
be required by the park,publically owned land relative'to the question of liability,
and the legality of placing facilities for a private development on land that is
purchased withP.O.S.funds.No action was taken.
Rezoning Cases:
The Commission concurred with Mr.Hawbaker's recommendation that rezoning cases
RZ -212 and RZ -215 be sponsored by the Commission since these are cases where
indi viduals have purchased land zoned Public.
Fairchild Rail Spur:
It was brought to the attention of the Commission that the Economic Development Com-
mission has been working with the Fairchild-Republic Corporation relative to the
proposed rail spur that will be designed to serve the main plant at U.S.Route 11
and Showalter Road and pointed out that neither the Commission nor staff has had
an opportunity to perform an analysis of the proposal as it relates to plans and
policies for the County.The Conmlission discussed the proposal relative to the
effect it may have on surrounding lands and its impact upon the Hagel'S to\;n-Wash ington
County Transportation Study which includes several alternatives to the present
transportation system in the northern part of the County.
The Commission directed that a letter be forwarded to the Board of County Commissioners
recommending that the concerns of the Commission as pertains to the Hagerstown/
Washington County Transportation Study be transmitted to the engineering consultnnt
so that the County can be assured of compatibility of the design and construction
,of the spur.So ordered.
AD.JOlJRNMEN'~:
Tho meeting was adjourned at 10:00 P.M./VV:@~
Terrance W.Bache,Chairman
The regular meeting of the Washington County Planning Commission was held on
Monday,June 2,1980 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,Thomas W.Dwyer,William E.Wolford,and Fred H.Younkins.Not
present:Charles F.Wagaman,Jr.
Staff:Executive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon,
Associate Planner James P.Brittain,Assistant Planner Catherine T.Thompson,and
Marion Snyder,Secretary.
At the request of the Executive Director,the Commission added to the agenda for
consideration,authorization to the staff to purchase new binders for the Water
and Sewerage Plan and the Subdivision Ordinance to be taken out of the current
fiscal year budget.
The meeting was called to order by the Vice-Chairman at 7:30 P.M.
MINUfES:
The minutes of the continuation of the Regular Meeting's agenda On May 12,1980
were approved as written on a motion by Mr.Dwyer,seconded by Mr.Younkins.
So ordered.
~The minutes of the continued regular meeting on May 20,1980 were approved as
~]submitted On a motion by Mr.Wolford,seconded by Mr.Younkins.So ordered.ro
~Mr.Bache arrived at 7:35 P.M.and assumed the Chair.
~NEW BUSINESS:
Subdivisions:
MacDraw Inc.,Preliminary Plat and Site Plan:,
In staff review of the application for MacDraw,Inc.,a manufacturing.fa.cility
which is proposed to occupy a 9 acre tract of land in the Hagerstown/Washington
County Industrial Park,the following conditions were outlined for Preliminary
Plat approval:Conditions outlined by the County Engineer relative to storm water
management (letter dated June 2,1980);conditions outlined by the Sanitary Dis-
trict in regard to redesign of the retention pond area (letter dated May 27,1980)
and building setback lines ~eing indicated on the plat.
On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to
grant Preliminarv Approval to the subdivision plat'subject to the conditions
stated above to satisfy the requirements of the Sanitary District,the County
Engineer,and the Subdivision Ordinance as pertains to setback lines being shown
on the plat.So ordered.
MacDraw,Inc.,Site Plan:
Following discussion as pertains to landscaping of the facility,the Commission
voted,on a motion by Mr.Wolford,seconded by Mr.Dwyer,to grant approval to
the Site Plan contingent upon conditions stated for Preliminary Subdivision Plata,p-
proval being satisfied,and that Item No.5 under Site Data be deferred to the
Industrial Foundation as pertains to landscaping with an appropriate note being
placed on the site plan to the effect that landscaping will meet or exceed minimum
requirements of the Industrial Foundation.It was requested that a letter be
sent to the Industrial Foundation advising of Commission action.So ordered.
Marquette Cement -Site Plan:
The Commission reviewed a site plan application for Marquette Cement Company
who are applying for a permit to expand their quarrying operation to an additional
43 acres for mineral extraction.It was pointed out that while the expansion
is in conformance with the provisions of the Zoning Ordinance for a principal
permitted use,it was brought to the attention of the Commission because of staff
Concerns in regard to the potential safety hazards which may be created when the
present quarry operation is abandoned.Representatives of Marquette Cement Com-
pany outlined safety precautions that have been undertaken by them by means of
berms and other barricades to prevent vehicular access to the public.Also
discussed were WRA requirements as pertains to reclamation of mineral extraction
opera~ions.No ~ormal action was required on the part of the Commission as'
pertalns to fonclng of the area,and a motion was made by Mr.Herbst,seconded
by Mr.Dwyer,that the staff respond to the Zoning Administrator to the effect
that.the Planning Commission has nO special.requirements in the issuance of the
pernn t.So ordered.
NEW BUSINESS:
Request for Variance Under Section 107:
Roger A.Dorsey,Lot 1:
A request for a variance from the requirements of the Subdivision Ordinance
~s pertains to the 300'minimum distance requirements for access to Broadfording
Road was presented by Catherine Thompson on behalf of Mr.Dorsey who was not
present.For the record,a memorandum from Mr.Seibert,dated May 29,was
read in reference to approval by the Engineering Department of the proposed
driveway as reviewed for sight distance.The 0.96 acre lot is proposed to
be conveyed to an immediate family member.
Following discussion as pertains to an alternate location of the proposed
entranceway,the Commission voted,on a motion by Mr.Herbst,seconded by Mr.
Wolford,to grant the variance request under Section 107 of the Subdivision
Ordinance because of the topography of the land.So ordered.
COMMUNICATIONS:
Letter from Marguerite Snyder:
A letter was discussed dated May 21,1980 from Mrs.Marguerite Snyder in regard
to concerns expressed by her that subdivisions may receive approval under the
Planning Commission's subdivision regulations and then wait for an indefinite
'period before proceeding with development of the subdivision.Also,a concern
was brought to the attention of the Commission as pertains to no existing
requirement for the developer to record a subdivision once it has received final
approval.'
Following discussion of the expressed concerns,the Commission asked the staff
to research other counties in regard to their regulations as pertains to recor-
dation of subdivision plats so that the matter may be considered along with the
proposed amendment to the Subdivision Ordinance in the scheduled workshop on
June 23,and to respond to Mrs.Snyder's letter in general terms to the effect
that the matter would be taken into consideration in the near future.
UNFINISHED BUSINESS:
Water and Sewer Plan:
Jim Witherspoon informed the Commission that he had discussed the Water and Sewer
Plan with the Sanitary Commission this date at their regular meeting and explained
to them the proposal by the Water and Sewer Plan of an adjustment to the Sanitary
District law to allow them to operate outside their Sanitary Subdistricts.No
strong objections were expressed.A presentation of the Water and Sewer Plan is
scheduled for Tuesday,June 10 to the Board of County Commissioners.
Subdivision Ordinance:
The Executive Director distributed copies of the proposed Subdivision Ordinance
amendments which is scheduled for a workshop meeting on June 23.
By-Laws:
On a motion by Mrs.Daniels,seconded by Mr.Dwyer,the revised By-Laws of the
Commission were adopted as amended by action at the last regular meeting.So
ordered.
Purchase of Binders for Subdivision Ordinance and Water and Sewer Plan:
On a motion by Mr.Dwyer,seconded by Mr.Wolford,the Commission voted to authorize
the Executive Director to purchase new binders for the Subdivision Ordinance and
the Water and Sewer Plan from available funds in the current fiscal year's budget.
So ordered.
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NEW BUSINESS,CONT'D:
It was brought to the attention of the Commission that under the newly adopted
Commission By-Laws that election of officers is to take place at the first
meeting in June.The Commission unanimously agreed to proceed to take nomi-
nations from the floor for the offices of Chairman and Vice-Chairman.
Mr.Bache,Mr.Dwyer,Mrs.Daniels and ~:r.Herbst asked that their names be
withdrawn from consideration for the office of Chairman.
On a motion by Mr.Younkins,Mr.Wolford was nominated for the office of Chairman
to the Planning Commission for the next term of off~ce.The motion was seconded
by Mr.Dwyer.So ordered.
Mr.Dwyer moved,seconded by Mr.Younkins,that nominations for office of Chairman
be closed.So ordered.
On a motion by Mr.Younkins,seconded by Mr.Dwyer,Mr.Herbst was nominated for
the office of Vice-Chairman.So ordered.
Mr.Wolford moved that the nominations be closed,seconded by Mr.Younkins.So
ordered.
ADJOURNMENT:
The meeting was adjourned at 9:15 P.M.
u/
Terrance W.Bache,Chairman
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"
A Special Meeting of the Washington County Planning Commission was held on Monday,
June 23,1980 at 7:00 P.M.in the second floor conference room of the County Of-
fice Building.
Present were:Chairman Terrance W.Bache,Vice Chairman John C.Herbst (arriving at
7:30);Linda H.Daniels;Thomas W.Dwyer;Fred H.Younkins;and William E.Wolford.
Staff present:Executive Director Jack S.Hawbaker;Senior Planner James B.Wither-
spoon;Associate Planner James P.Brittain;and Marion Snyder,Secretary.
The meeting was called to order at 7:10 P.M.
The purpose of the meeting was to review the proposed amendments to the Subdivision
Ordinance which were first reviewed in January of 1979.Further proposals by the
staff were reviewed in June of 1979 after which the proposed revisions were distri-
buted to agencies,land surveyors,homebuilders,and other interested parties for
their comments and suggestions.Following analysis of material received as the
result of this review,the staff incorporated worthwhile recommendations into the
initial draft proposals.In a page by page analysis,the Commission made the
following changes,deletions and additions through Article III.
Article I,102,line 14 -delete "systems".
Article I,112,line 8 -correct typographical error "compel".
Article II,202.5 -Add definition under Board of County Commissioners.
Article II,202.17,line 3 -correct typographical error "urban".
Article II,202.24 -Research paragraph as to effective date.
Article II,202.45 Make deletions to read:"A land area designated,
dedicated,or reserved for use as a street,alley,or interior walk,
or for a drainage channed or other public purpose."
Article II,202.50,paragraph 3 -Correct typographical error "separate".
Modify from line 6 to read," . • •other publicly owned land or a
right of way in fee."
Page 17:Delete first paragraph at top of page.
Article III,303.2 -Delete paragraph.Replace with,"Land may not be
subdivided unless adequate access is provided over approved streets,
nor may it be subdivided if it is considered by the Commission to be
unsuitable for the proposed use by reason of flooding,improper drainage,
geological structu~'e,topography,or any other feature harmful to the
heal th,safety,and general welfare of the residents of the County."
Article III,305,line 4,Add "prior"before "approval".
Article 308.3,line 3 reword to read ..."whose reviews,in the opinion
of the Commission,are required for protection ..."
Article III,313,line 7,Delete Five (5),replace with "Seven (7)".
Article III,314.8,line 3 -Reword to read,"Reference to Maryland
Grid System should be used in the boundary survey,where practical."
Article III,314.15,line 4 -Delete rest of sentence after "dedications".
Article II I,314.16,line 1 -Add after easements -"and rights of way".
Article III,3l4.l9.E,line 2 -Add "or Civil Engineer"after surveyor.
Article III,317,Add new Article.Recordation of Final Plat in the Land
Records prior to two year expiration date.
Motion by Mr.Herbst,seconded by Mr.Wolford.So ordered.
The next workshop for continuation of review of the proposed revision to the Sub-
division Ordinance was scheduled for June 30.
The meeting was adjourned at 9:30 P.M.
!LJ.
W.Bache,
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A Special Meeting of the Washington County Planning Commission was held on
Monday,June 30,1980 in the second floor conference room of the County Office
Building at 7:00 P.M.
Present were:Chairman Terrance W.Bache;Linda H.Daniels;William E.Wolford;
and Fred H.Younkins.Not present:Thomas W.Dwyer;John C.Herbst;and Charles
F.Wagaman.Staff present:Executive Director Jack S.Hawbaker;Senior Planner
James B.Witherspoon;Associate Planner James P.Brittain;Assistant Planner
Catherine T.Thompson;and Marion Snyder,Secretary.
The meeting was called to order by the Chairman at 7:10 P.M.
MINUTES:
On a motion by Mrs.Daniels,seconded by Mr.Wolford,the Commission voted to
approve the minutes of the Regular Meeting of June 2,1980 as written.So ordered.
The Commission voted,on a motion by Mrs.Daniels and seconded by Mr.Younkins,to
approve the minutes of the Special Meeting of June 23 with the following correc-
tions and additions:Reference to ArtiCle II,202.45 -correct typo "channel";
Mr.Hawbaker pointed out an ommission in'reference to page 16 of the draft sub~
division ordinance,Article III,302.Add e.g.before parentheses in line 4.
Minutes of June 23,1980 accepted as amended.So ordered.
SUBDIVISION ORDINANCE REVIEW:
The Commission continued discussion of the proposed revisions to the Subdivision
Ordinance.
As pertains to Article III,the Commission agreed to add new section 315.5,
Recordation,to contain a statement to the effect that the Final Plat which
has received approval by the Commission shall be filed for recording with the
Clerk of Circuit Court within two years of the approval date,after which time
such approval shall become null and void.Such statement is'proposed to be
placed on the final plat.
Following discussion of Article IV,Section 402.1 and 402.2,the Commission agreed
to withhold action pending a legal opinion by the Department of State Planning
as pertains to the establishment of the centerline for pr~posed roads in relation
to guidelines provided by Article 66B,Section 6.01.Also,Article IV,Sections
405.1.J and K.are to be researched relative to Article 66B of the Annotated Code.
Section 405.2.1 is to be reworded by the staff to ensure suitable location and
width to accommodate traffic generated by the new development and afford access
to emergency and maintenance equipment.
Article IV,405.l0.A is to be rewritten by the staff to the effect that no structure
shall be permitted that would limit the use of or access to an easement for main-
tenance or use.
Article IV,405.l2.B.The Commission agreed to withhold action on this section
until such time that the full Commission is present for.discussion.
Article VI,603.Add "and Ci viI Engineer"to Surveyor's Certification.
Article VI,608,Add Dedication for Lending Institutions Statement.
Article VI,609,Remove signature line for County Ileal th Officer.
Article II,Section 202.24,the Conunission agreed to hold this section for
discussion by the full Commission as it relates to Section 405.12 B.
The Commission will consider the portions of the proposed ordinance that are to
be rewritten by the staff as a part of the regular meeting agenda on July 7.
ADJOURNMENT:
The meeting was adjourned at 10:00 P.M.
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The Regular Meeting of the Washington County Planning Commission was held on ~londay,
July 7,1980 at 7:00 P.M.in the second floor conference room of the County Office
Building.
Commission present were:Chairman William E.Wolford;Vice-Chairman John C.~erbst,
(arriving at 7:30);Terrance W.Bache;Linda H.Daniels;Thomas W.Dwyer;anu Fred
H.Younkins.Not present:Charles F.Wagaman.Staff:Executive Director Jack S.
Hawbaker;Senior Planner James B.Witherspoon;Associate Planner James P.Brittain;
Assistant Planner Catherine T.Thompson;and Marion Snyder,Secretary.
The meeting was called to order by the Chairman at 7:05 P.M.
The procedure followed by the Commission in conducting regular meetings was explain
by the Chairman for.the information of those present.
RESOLUTION:
Mr.Dwyer moved to adopt a Resolution of Appreciation to Terrance W.Bache,previous
Chairman of the Commission,as follows:
'~ith sentiments for sincere appreciation for his diligent work during the past three
years in providing recognized leadership for the Washington County Planning COlnmission.
Whereas,he has been a member of the Commission since May,1976 and has faithfully
and conscientiously served as Chairman of the Planning Commission since June,1977,
and
,Whereas he has been a principal force in the design of the Comprehensive Plan for the
County during his tenure as Chairman,and
Whereas,through his responsible leadership and direction he has continually provided
fora positive public image of the Commission,
Now,therefore,be it resolved that the Washington County Planning Commission give
recognition to Terry for his devotion to Commission activities during his terms asl
Chairman,and in so doing,extend grateful acknoweldgement to himfor-his contributio co
good local government."I
Mr.Dwyer indicated that he would like to respectfully move the passage of this
resolution.The motion was seconded by Mr.Younkins and unanimously adopted.
NEW BUSINESS:
Requests for Variances Under Section 107:
Schipper-Michael:
Following staff review of the reqeust for a variance under Section 107 of the Sub-
division Ordinance to permit conveyance of a twenty acre parcel of land having no
public road frontage to an immediate member of the family for agricultural purposes,
the Commission voted,on a motion by ~lr.Bache,seconded by Mr.Dwyer,to grant
the request for a variance due to the topography of the land.So ordered.
Albert 'Roelkey:
Staff review pointed out that the request for a variance was to 'allow creation
of five parcels of land to be conveyed to immediate family members and are
proposed to be served via a private right of way,the use of which is to be
conveyed by deed.The lane also serves parcels previously conveyed.Since
the lane in question does not lead to the principal residence and end there,
the staff requested the Commission for an interpretation of the intent of the
Subdivision Ordinance in this regard.
A motion was made by.Mr.Bache to grant the request for a variance under Section
107 of the Subdivision Ordinance to allow transfer of the lands to immediate
family members.For the record,~lr.Bache stated that his motion was based upon
there being a need for an interpretation by the Commission of the intent of the
Ordinance as it pertains to extending a private lane past the principal resi-
dence which it was originally intended to serve.TI,e motion was seconded by
Mr.Younkins and carried with Mr.Herbst abstaining since he was not present for
the entire discussion.
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NEW BUSINESS:
Requests for Variances:
Ronald Charles:
Mr.Charles appeared before the Commission to request a variance under Section
107 of the Subdivision Ordinan~e to create a residential lot which does not
abut a public road from an original 29.8 parcel of land for which he retains
ownership.It is proposed to provide access to the lot by means of a private
lane traversing over the remaining lands.Mr.Charles stated that no further
subdivision of the lands was anticipated and that it was not feasible to extend
a panhandle lot to U.S.Route 40 due to the topography of the land.
On a motion by Mr.Herbst,seconded by Mr.Bache,the Commission voted to grant
the request for a variance to the requirements of the Subdivision Ordinance
under Section 107.So ordered.
City of Hagerstown:
The staff presented a request for a variance by the City of Hagerstown as pertains
to the dedication of right of way clause of the County Subdivision Ordinance.The
subject parcel is one of several parcels which are being transferred through the
simplified plat process between the City of Hagerstown and Fairchild-Republic.
Lot 3'has been brought before the Commission due to a dedication of right of way
problem involving Showalter Road at the south end of airport runway 2-20.For the
.record,a memorandum from County Engineer,Glenn Dull to the staff,dated June 27,
was read relative to the proposed widening of Showalter Road.(By reference to the
plat file SI-80-40).It was also pointed out that the Hagerstown/Washington County
Transportation Study does not.address updating of Showalter Road and that the
Comprehensive Plan Draft proposes to downgrade the road from a Freeway to a local
classification.City Engineer,Merle Seville,ou~lined concerns previously ex-
pressed in a letter dated July 3,1980 addressed to the Commission staff relative
to the elevation of Showalter Road at the end of runway 2-20 and existing conditions
·at the Hagerstown Regional Airport (By reference to the plat file SI-80-40).Also
discussed were F.A.A.regulations relative to elevation variations of the road
surface.Mr.Seville concluded his discussion with a recommendation that consider-
ation be given to the acquisision of right of way to the south of Showalter Road.
On a motion by Mr.Herbst and seconded by Mr.Dwyer,the Commission voted to waive
the requirement for dedication of right of way and to grant the request for a
variance by the.City of Hagerstown.So ordered.
Subdivisions:
Cohill Estates,Section "A"-Preliminary Approval:
Based upon the staff report which indicates that all applicable agency requirements
have been met,the Commission voted on a motion by Mr.Herbst,seconded by Mr.
Dwyer,to grant preliminary approval to Section A of Cohill Estates.So ordered.
Hopewell-Cushwa Farms -Preliminary Approval and Site Plan:
The staff report indicated that the tract of land to be developed is situated at
Hopewell and Wright Roads within the Highway Interchange District,the proposed
use of which is to be for the manufacture,storage and warehousing of
metal duct work by the Hopewell Sheet Metal Manufacturing Company.An out-lot shown
on the opposite side of the road is proposed to be set aside for open space.
Since the owner has offered to include this out-parcel in the deed of conveyance,
the staff indicated that the development can be considered as a site plan,eliminating
the necessity of subdivision plat review.
On a motion by Mr.Dwyer,seconded by Mr.Bache,the Commission voted to grant
approval to the Hopewell-Cushwa Farms application as a site plan.The motion carried.
with Mrs.Daniels abstaining.
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COMMUNICATIONS:
Letter Re Plat Recordation:
The Executive Director brought to the attention of the Commission for their information,
correspondence from Marguerite Snyder dated June 27,1980 and an attached newspaper
article as a supplement to her previous recommendation of May 21 relative to recor-
dation of plats.
Letter from Health Department to James Short:
A letter was briefly discussed relative to agreement between the WRA,Health Depart-
ment,Planning Commission,and Mr.Short as pertains to water quality information
and subsequent denial of a water appropriations permit by WRA for Lot 11 of Charlton
Acres due to inadequate sampling data as agreed.No Commission action required.
Letter to State Planning:
The Executive Director brought to the attention of the Commission a letter to
Scribner fl.Sheafor,Department of State Planning,dated July 1,relative to pre-
vious Commission action to request a legal opinion for Sections 405.I.J.and K.,
and Section 402.2 of the Subdivision Ordinance as the proposed changes relate to
Article 66B.The Executive Director pointed out that while a written response has
not been received from State Planning,he had been in contact by telephone and
was informed that no conflict between State legislation and the proposed changes
to the Ordinance are foreseen.
UNFINISHED BUSINESS:
Subdivision Ordinance:
'The Commission considered final changes to the Subdivision Ordinance for items that
were still to be resolved as a result of action taken at the last Commission work-
shop meeting.
After discussion pertaining to the proposed change to Section 402.2,it was the
concensus of the Commission to leave the section written as proposed to take to
public hearing.TIle Commission also agreed to accept the substitution of the new
wording for Section 405.2.1 and to add the new wording to Section 405.l0.A that
provides for access to and use of easements.The Commissirn concurred with the
staff's proposal relative to the addition of new paragraph 315.5 in regard to
Recordation of Plats,and the addition of the words "and Ci viI Engineer"to Section
603.Also approved were the addition of a statement for Certification of Lending
Institutions to Article VI and the elimination.of the Health Officer's signature
line in Section 609.
Following discussion of Section 405.12.B,the Commission voted,on a motion by
Mr.Herbst,seconded by Mr.Dwyer to include Sections 405.12.B.I.and 2.as written
by the staff with the deletion of the words "that serves the principal residence of
the lot of record".The motion carried with Mrs.Daniels voting "No".
The Commission agreed to set the date of the public hearing for the Subdivision
Ordinance amendment at the next regular meeting in August.
Water and Sewer Plan:
The Executive Director,reporting on the status of the Water and Sewer Plan,stated
that the draft plan has been forwarded to the Department of Health and Mental Hygiene
for review and that a response from that department is expected to be forthcoming.
OTHER BUSINESS:
Rezoning Cases -Recommendations:
RZ-210:
Following review of the staff recommendation and testimony submitted at the
public hearing on June 9,the Commission voted on a motion by Mr.Dwyer and
seconded by Mr.Younkins,to forward a recommendation to the County COlnmissioners
that the application for map amendment by Leslie F.Earley from RU to IG be
denied based upon there being no change and no mistake in the appropriateness of
the original zoning for the site.The motion carried with Mrs.Daniels abstaining.
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OTHER BUSINESS,CONT'D:
RZ-Zll :
Upon review of the staff recommendation and the testimony presented at the public
hearing on June 9,relative to a request for a z9ping map amendment by Paramount
Feed and Supply from the present RS zoning classIfication to IG,the Commission
voted,on a motion by Mr.Bache and seconded by Mr.Herbst to forward a recom-
mendation to the County Commissioners that the application be approved based
upon,in the opinion of the Commission,there being a mistake in the original
zoning classification.The motion carried with·~rr.Dwyer opposing and Mrs.Daniels
abstaining.
RZ-2l2:
Noting that no testimony was presented at the pUblic hearing in opposition to the
application for a zoning map amendment by the Planning Commission to rezone lands
in ownership of the Department of Transportation from P to C,the Commission voted,
on a motion by Mr.Dwyer,seconded by Mr.Herbst,to'forward a favorable recommen-
dation for approval .to the Board of County Commissioners.The motion carried with
Mrs.Daniels abstaining.
RZ-213:
On a motion by Mr.Bache,seconded by Mr.Herbst,the Commission voted to forward
a recommendation of approval to the Board of County Commissioners for an application
for map amendment by Charles T.Shifler to allow rezoning from the present 1M
classification to A based upon there being a mistake in the original zoning.Motion
carried with Mrs.Daniels abstaining.
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~Based upon there being a mistake in the original zoning classification,the Commis-
~'.sion voted,on a motion by Mr.Bache,seconded by Mr.Herbst,to forward a recommen-
~dation of approval to the application for map amendment by Robert M.Bushey to
rezone from the existing IG classification to RR.Motion carried with Mrs.Daniels
abstaining.
RZ-2l5:
Based upon the findings of the staff report and the testimony heard at the public
hearing on June 9,the Commission voted,on a motion by Mr.Herbst,seconded by
Mr.Dwyer,to forward a recommendation of approval to the County Commissioners'for
the application by the Planning Commission to rezone lands of Joseph R.Ridgley,Jr.
from the present P classification to C due to a mistake in the original zoning.
Motion carried with Mrs.Daniels abstaining.
Agricultural District Application -Roger Wolf-AD-80-5:
Upon review of an application to establish an agricultural district by Roger C.
Wolf and Judy Lyons Wolf,the Commission voted,on a motion by Mr.Bache,seconded
by Mrs.Daniels,to forward a recommendation of approval to the Board of County
Commissioners.So ordered.
Landfill Shredder Research:
The Executive Director reported that a study will be undertaken at the staff level
to determine the feasibility of the County obtaining a shredder for the landfill
operation and other methods of waste disposal in order to make a comprehensive
report imd recor.unendation to the County Commissioners as pertains to landfill
·operation.and maintenance costs.
Park Planning Status:
The ExecutIve Director reported that the County Commissioners have assigned a high
priority to Phase III of Halfway Park.The staff will be discussing this with
the County Commissioners at their meeting on July 8,and expect to have an updated
report by the next regular Commission meeting.
Census:
The Executive Director reported that a preliminary count has been received'.from the
Bureau of the Census which gives a figure for Washington County of 111,316';"A
brlef discussion follo,,~d r.elative to figures projected in the update of the Com-
prehensl ve Plan and proJ ectlOns by the Department of State P lannlng..
ADJOURNMENT:
The meeting was adjourned at 11:00 P.M.cJ-
William B.
The regular meeting of the Washington County Planning Commission was held on Monday,
August 4,1980 at 7:00 P.M.in the second floor conference room of the County Office
Building.
Present were:Chairman William E.Wolford,Jr.;Vice-Chairman John C.Herbst;Terrance
W.Bache;Thomas W.Dwyer;Charles F.Wagaman;Fred Younkins·.Absent:Linda H.,.Daniel~
Staff:Executive Director Jack S.Hawbaker;Senior Planner James B.Witherspoon;Assod.at
Planner James P.8rittain;Assistant Planner Catherine T.'l1lompson;and Marion Snyder,·
Secretary.
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
The minutes of the Special Meeting of the Planning Commission held on June 30,1980
were approved as presenteQ on a motion by Mr.Bache,seconded by Mr.Younkins.So
ordered.
The minutes of the Regular Meeting of July 7,1980 were approved as received on a
motion by Mr.Herbst,seconded by Mr.Bache.So ordered.
Deletion from Age~da:
The Executive Director stated that the request for a variance by Robert J.Hogan has
been withdrawn and therefore deleted from the evening's agenda.
The Certificate of Appreciation which has been prepared as a result of the Commission's
resolution of adoption at the July 7 meeting was formally presented to Mr.Bache by
the Chairman.
NEW BUSINESS:
Requests for Variances Under Section 107:
Richard A.Schachner:
Mr.Schachner appeared before the Commission to request that consideration of a varial
be given to create a parcel without public road frontage which he proposes to submit
under the Simplified Plat process.He stated that the parcel to be conveyed would be
served by a twenty foot easement traversing across·remaining lands from a driveway
cocated off Lanes Run Road,providing the only feasible access to the property because
of the steepness of the remaining road frontage.
Mr.Hawbaker pointed out that while the request for a variance was the only issue to
be considered by the Commission at this time,the Health Department would not grant
approval to the transfer as a Simplified Plat because of agreements between the Plan-
ning Commission,Health Department and County Commissioners in regard to this process.
Mr.Bache made a motion to grant the request under Section 107 of the Subdivision
Ordinance to create a lot without public road frontage because of the topography of
the land.The motion was further clarified to state that the approval granted applies
only to the request for a variance and does not take into consideration the subdivision
of land as part of the approval process and that this and other considerations will
have to be addressed at such time that a plat is submitted.The nlotion was seconded by
Mr.Younk1ns.So ordered.
Anna Mae Mills Haynes:
Correspondence was read from Mr.Seibert,representing Mrs.Haynes,in which it was
requested that a variance be granted as pertains to the 100 foot distance requirement~
between access points on a Collector Road.The variance was requested to permit con-I
veyance of a parcel for which the distance requirements cannot be met because of sigh~
distance,and utilizing the 60'reserve strip which serves the remaining lands.
The ConmJission voted,on a motion by Mr.Herbst,seconded by Mr.Dwyer,to grant the
request for a variance under Section 107 of the Subdivision Ordinance to permit con-
veyance of the lot with access being provid~d via the 60'reServe stripdue to limited
sight distance with the stipulation that a connection will be made to the public road
at such time that it is built and the right of way abandoned.So ordered.
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Requests for Variances,cont'd:
Wi lliam Lesh:
Mr.Lesh appeared before the Commission to request a variance to allow creation of two
lots situated on the north side of Fairview Road which are proposed to be served via
a 2S'right of way.He stated that he had attempted to purchase additional land in
order to provide public road fron~age but was unable to do so.
A motion was made by Mr.Herbst that the variance be granted under the provisions of
Section 107 of the Subdivision Ordinance to permit conveyance of the two lots without
public road frontage and utilizing the 2S'right of way because no other means of
access was available.It was stipulated that a note be placed on the plat to the
effect that the County would not be responsible for improvement or maintaining the
2S'right of way.The motion was seconded by Mr.Younkins and carried with Mr.Wagaman
abstaining.
The Commission discussed the necessity of placing a note on the plat absolving the
County from the responsibility of bUilding and maintaining private rights of way as
pertains to the variances granted under the hardship clause of the Subdivision Ordinance.
Mr.Bache stated that he felt the Commission has a responsibility to the County so far
as the road frontage question is concerned in determining the hardship to the County
as well as to the developer.
Kathryn L.Kershner:
A request for a variance was heard from Mrs.Kershner in which it was proposed to
create three lots without public road frontage to be served by a new right of way
from an existing lane off the Downsville Pike.Mrs.Kershner stated that no further
plans for subdividing the remainder of the lands were anticipated.Also discussed
was the possibility of extending access to the lots through a street connection
as Pleasant View Heights is further developed.Mrs.Kershner stated that the re-
maining section of Pleasant View Heights which adjoins her property is not actively
being developed.
On the basis that the three new lots on the 60 acre tract would not,create a negative
impact on the area,a motfuon was made by Mr.Bache to grant the request for a variance
as pertains to development of the three lots as proposed but stipUlated that any
future request for further subdivision would be reviewed as it pertains to private
streets,and also stipulated th~t the note in regard to the County being absolved
from maintaining or building the private road be placed on the plat.The motion was
seconded by Mr.Wagaman.So ordered.'
South End Development Company:
Mr.McCleary,representing South End.Development Company,requested consideration of
a variance to the requirements of the Subdivision Ordinance as pertains to lots which
are bisected by a municipal boundary.
On a motion by Mr.Bache,seconded by Mr.Wagaman,the Commission voted to grant a
variance to the requirements of Section 40S.12.F of the Subdivision Ordinance to
create two lots which are bisected by the municipal boundary of Williamsport.So
ordered.
Subdivisions:
Keedysville Knolls-Preliminary:
Mr.Hawbaker brought to the attention of the Commission correspondence and office
visits from adjoining property owners relative to concerns expressed as pertains to
effluent from the proposed development.The adjoining property owners hired the firm
of-Richard E.Wright and Associates to conduct an independent geohydrologic study
for the Keedysville Knolls development which was discussed at length by the Commis-
sion in regard to the study's accuracy in view of the methods of testing used and
the fact that the firm of Wright and Associates undertook the study without the '
concurrence or approval of the Health Department or the developer.The Commi ssion
expressed concern about the nature of the Wright report as it relates soientifically
to the geohydrologic study undertaken by this firm for the County.
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Subdivisions:
Keedysville Knolls-Preliminary,Cont'd:
On a motion by Mr.Wagaman,seconded by Mr.Bache,the Commission voted to reject
the Wright report for the Keedysville Knolls subdivision,because it has not been
prepared under proper procedures,and to grant Preliminary Approval to the development.
It was further directed that the planning staff contact the Health Department re-
questing what standards or guidelines are used in determining the necessity of a
geohydrologic analysis.The Commission also directed that a letter to the County
Commissioners be prepared to advise them that Wright and Associates have taken two
different positions as pertains to the relationship of the County's geohydrologic
study and the departure from the scientific process and inconsistencies found in
the Keedysville Knolls report.So ordered.
Longview Estates-Preliminary:
In review of the 36 lot subdivision,the staff noted that the length of the proposed
cul-de-sac which provides access from the Beaver Creek Pike exceeds the 600'distance
requirement of the Subdivision Ordinance.Comments of the Fire Marshal were also
brought to the attention of the Commission relative to the length.of the cul-de-sac,
as well as comments of the County Engineer as pertains to major reconstruction of the
intersection at Beaver Creek Pike and Childacrest Road.
Mr.Townsley,representing the developer,stated that the owner would be willing to
provide for turn-arounds at points along the cul-de-sac to accomodate emergency
vehicles to the satisfaction of the Fire Marshal.
The Commission,on a motion by Mr.Bache and seconded by Mr.Wagaman,voted to grant
Pr~liminary Approval to Longview Estates contingent upon the safety problem being
worked out to the satisfaction of the Fire Marshal,County Engineer and the Planning
staff and upon acquiring the additional right of way needed for the completion of the
reconstruction of the intersection of Childacrest Road and the Beaver Creek Pike.So ordered
Youngstoun,Section I,Phase II-Preliminary:
The staff reviewed correspondence in the subdivision plat file from the Hagersto~l
Planning Department in regard to sidewalk connections along Youngstoun Drive to
Robinwood Drive and as pertains to turn-arounds on the end of the parking lot to the
east.
Mr.Holsinger,representing the developer,indicated a wililugness to work out a
satisfactory agreement relative to the items above.All other agency requirements
have been satisfied.
The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Dwyer,to grant
Preliminary Approval to Youngstoun,Section I,Phase II,based upon resolving the
points that have been raised as pertains to the pedestrian walkway and the driveway
turn-arounds upon receipt of an agreement in writing from the developer.So ordered.
OTHER BUSINESS:
Agricultural District Application:
Upon review of the applicat~on for establishment of an Agricultural Land Preservation
District for Downey C.Harshman (AD-80-6)the Planning Commission voted,on a motion
by Mr.Herbst,seconded by Mr.Dwyer,to forward a recommendation of approval to the
Board of County Commissioners,noting that the parcel may be situated within a New
Community Area as designated on the adopted Comprehensive Plan Map.So ordered.
UNFINISHED BUSINESS:
Subdivision Ordinance:
The Conmlission concurred with the Executive Director's recommendation to establish
September 15 as the public hearing date for the Subdivision Ordinance revisions.
ADJOURNMENT:
Due to the late hour,the remainder of the agenda items were postponed until the
next regular meeting in September and the meeting was adjourned at 10:40 P.M.
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The regular meeting of the Washington County Planning Commission
was held on Wednesday,September 3,1980,at 7:00 P.M.in the
second floor conference room of the County Office Building.
The following were present:Chairman William E.Wolford,Jr.;
Vice Chairman John C.Herbst;Terrance W.Bache;Fred Younkins;
Linda Daniels;and Thomas W.Dwyer,who arrived at 7:50 P.M.
Charles F.Wagaman,Jr.was absent.Staff members who were pres-
ent included Jack S.Hawbaker,Executive Director;James B.
Witherspoon,James P.Brittain;Catherine T.Thompson;Charles R.
Wiederhold;and Dorothy M.Shinham,Secretary.
The meeting was called to order at 7:05 P.M.
On a motion made by Linda Daniels and seconded by Fred Younkins,
the minutes of the August 4 regular meeting were approved as
corrected,;Under Variance Requests,the variance for Anna Mae
Mills Haynes was for one lot instead of two and the 60'reserve
~connotation should be strip.The first and second paragraphs
should be corrected accordingly.So ordered.
NEW BUSINESS
Subdivisions:
Stoney Dell Farm,Lots 5,6,7 and 8 (#S-80-65),Pre1iminary and
Final
The Comiilfs-sTon-r-evfewecftll-e-pTaT-for a 4-10t subdivision for Stoney
Dell Farm,located on the north side of Cool Hollow Road.These
lots are part of an 8-10t development that was the subject of a
preliminary consultation held on March 27,1980,#PC-80-4.(At
this time,the four other lots,#1,2,3,and 4,have Health Depart-
ment problems that must be solved.)James Brittain briefed the
Commission on agency responses,particularly those from Water Re-
sources Administration and the County Engineer in regard to access
to the lots.WRA will have to be consulted for review and approval
of driveway permits for the proposed accesses,due to floodplain
concern.Mr.Brittain pointed out that a note to the effect that all
access permits would be reviewed and approved by WRA's Department of
Watershed Permits was placed on the plat.The County Engineer,
Glenn Dull,was satisfied with the proposed accesses.Lots 5,6,7,
and 8 are to be graded in such a manner as to insure proper drainage;
a note to that effect is also on the plat.In the event that addi-
tional development is proposed,however,it will be necessary for
Mr.Dull to further review and evaluate the matter.The motion for
Preliminary Approval was made by John Herbst and seconded by Terrance
Bache.So ordered.The motion for Final Approval was made by
Terrance Bachfr and seconded by Fred Younkins.So ordered.
Confederate Hills,Sections C,D,and E (#S-80-35),Preliminary
Consultant William J.Teach and Emmett Abbott,in behalf of Abbodust
Enterprises,requested approval of the 71-lot subdivision for Con-
federate Hills,located southeast of the Town of Sharpsburg.Based
on agency responses which were discussed at length,the Commission
voted to grant Preliminary Approval.In granting preliminary
approval,the Commission gave recognition to correspondence from
the County Board of Education relating to the proposed acquisition
of a portion of the subdivision for the Sharpsburg School addition
and renovation project.They were of the opinion that any negotia-
tions for this land was:a private matter betwee'n the developer and
the Board of Education and should not be a matter of consideration
by the Commission in its review of the plat.The Commission requested
that Mr.Hawbaker inform the Board of Education of the action taken
on the plat.The motion for preliminary approval was made by John
Herbst;it was seconded by Terrance Bache.Opposed by Linda Daniels,
the motion carried.Final Approval cannot be granted until the
Confederate HillS,Sections C,D,and E C#S~80~35)-Continued
following items have been addressed:1)the County Health Depart~
ment must receive a permit for water line extensions from the State
Department of Health;2)the County Engineer's conditions as out-
lined in his memo of August 28,19$0 must be met;3)approval of
the water service drawings must be received from the County Sanitary
Commission;and 4)the County Engineer's approval of off~site storm
water management facilities must be obtained.
Agricultural District Application:
The Commission voted to grant approval of the application for an
Agricultural District for Oscar E.Lohman,Sr.and moved that this
recommendation be forwarded to the Board of County Commissioners.
The motion was made by Linda Daniels and seconded by Fred Younkins.
So ordered.
COMMUNICATIONS
Letter from James Rooney concerning geohydrologic tests:
The Commission decided that since the local Health Department has
no documented standards or criteria in determining the need for
geohydrologic testing of subdivisions,and in the interest of doing
everything possible to keep down the costs of subdividing land,a
letter should be sent to the Board of County Commissioners,asking
that they request the Health Department to develop such standards
consistent with the provisions of the Wagaman Bill.Terrance Bache
made the motion and it was seconded by John Herbst that this course
of action be pursued.So ordered.
Letter from Fox and Associates concerning extensions:I
IAsix-month extension of time was granted to Stoney Dell Farm,Lots 1;
2,3,and 4,plat file #5-80-66,giving it an expiration date of
March 24,1981.The motion by Fred Younkins was seconded by Th~mas
Dwyer.So ordered.
Brightwood Acres Final Plat (file #S-78-108)was granted a 6-month
extension of time,expiration date of which is March 13,1981.Linda
Daniels'motion was seconded by Thomas Dwyer.So ordered.
ADDITIONS TO AGENDA
Brightwood Acres Update regarding holding tanks:
James Witherspoon gave a status report on the matter of holding tanks
for Brightwood Acres.According to information received in a memo
from James Rooney of the Health Department,the agreement between the
City of Hagerstown,State Health Department,County Commissioners,
the developer and the County Sanitary District was not consummated.
Pressure sewers are being considered as an alternative.
Correspondence on RZ-216:
Correspondence from the Board of Zoning Appeals concerning RZ-216
which deals with drive-in windows at restaurants will be considered
at the time the Commission meets on September 15.
OTHER BUSINESS
Park Planning:
The Commission reviewed at considerable length the various aspects
of park planning activities as presented by Charles Wiederhold and
James Witherspoon.The three principal elements of park planning
Park Planning Continued
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that were discussed were the relative roles of the P1~nning Commis-
sion and the Parks Board,the strategy for designing and developing
a Comprehensive Parks Plan,and the schedule for working on these
activities.With a motion by Thomas Dwyer which was seconded by
Linda Daniels,the Commission officially endorsed Step 1,i.e.,the
roles of the Commission and the Parks Board,and the strategy.So
ordered.The third element was approved by.a subsequent motion
(Reference FY'81 Work Program for the Planning Department).
In endorsing the roles that were proposed,the Commission recognized
that they will be subject to some modification once reviewed and
acted upon by the Parks Board.It is the intent of the Commission
that the roles as finally agreed upon by both the Commission and the
Board .wi11 represent the most practical division of responsibilities
for parks activities.Mr.Hawbaker commented that pursuant to
earlier agreement between the respective departments and the direc-
tive from the Board of County Commissioners,the Planning Department
is proceeding with both the Comprehensive Parks Plan and the southern
county study at the same time,with an anticipated completion date of
November 30,1980,for the analysis of south county potential.At
that time it is expected that the Planning staff will be in a posi-
tion to present their findings to the Planning Commission,the Parks
Board,and the County Commissioners.The Planning Commission will
consider for adoption an official position as to the general function
of parks,and this action will in turn provide the Planning staff
with .the necessary guidelines for continuing with the design of the
Comprehensive Parks Plan.
FY '81 Work Program for the Planning Department:
On a motion made by Linda Daniels and seconded by Thomas Dwyer,the
Commission endorsed the FY '81 Work Program for .the Planning Depart-
ment.This work program included the various facets of Park Planning
thus the third element of the staff's proposal for park planning
activities was accepted.So ordered.
Landfill Study:
Mr.Hawbaker informed the Commission that the Planning Department had
been authorized by the Board of County Commissioners to proceed with
a study of the needs of the landfill pertaining to the acquisition of
a shredder for the County.
Geohydro10gic Study:
According to the latest information received,Mr.Hawbaker stated
that the Geohydro10gic Study is due to be completed by June of 1981.
Water samples are being taken in the second of three proto-type areas
in the County and a status report is expected from the consultant in
the middle of October.
FY '80 Budget Report:
Mr.Hawbaker touched briefly on the budget report for Fiscal 1980,
noting that the Planning Department had spent 93.6%of their budget.
Smithsburg Sewerage Status:
Mr.Hawbaker reported that a public hearing is to be held on the
Smithsburg discharge permit and he has asked the Department of Natural
Resources to notify him when this is scheduled.
Subdivision Ordinance and RZ-216:
Mr.Hawbaker mentioned that the proposed Subdivision Ordinance would
be going to public hearing on September 15.Rezoning Case #RZ-216
was scheduled to be heard on that date also.
ADJOURNMENT
The meeting was adjourned at 10:20 P'~LEf:c(J~)Je~~onfollowed.
1.1":"':.._r-1.I_1&.J -r.;:-I}rl.-......:..............
The Washington County Planning Commission on Monday,September 15,1980 held a
public hearing for the purpose of taking testimony relative to the proposed re-
visions to the Subdivision Ordinance and Rezoning case No.RZ-216.
Commission members present:William E.Wolford,Jr.;Chairman;John C.Herbst,
Vice-Chairman;Linda H.Daniels;CharlesF.Wagaman,Jr.;and Fred H.Younkins.
Staff:Executive Director Jack S.Hawbaker and Marion L.Snyder,Secretary.
Not present:Thomas W.Dwyer and Terrance W.Bache.
The public hearing was called to order at 7:10 P.M.It was stated for the record
that no parties of interest were in attendance to present testimony either in
favor of or in opposition to the draft document.Written comments received as a
result of the letter and copies of the proposed revisions which were distributed
on July 2S,1980 to interested parties were noted for the record as follows:
City of Hagerstown Planning Department dated September 12,1980;Homebuilder's
Association of Washington County,Inc.,dated September 15,1980;Washington
County Engineering Department,dated August 5,1980;Fox and Associates,Inc.,
dated August 29,1980;George W.Bushby,Chairman of the State of Maryland Depart-
ment of Licensing and Regulation,dated August 28,1980.
The public
Washington
Chairman.
comments.
hearing for taking testimony relative to the proposed revisions to the
County Subdivision Ordinance was officially declared closed by the
The record will remain open for ten days hence for submittal of written
Case No.RZ-216:
The public hearing for Rezoning Case No.RZ-216 was opened by the Chairman.In
presenting the case,the Executive Director explained that the Board of Zoning
Appeals had requested the Planning Department to investigate the feasibility of
permitting Drive-In Restaurants in the BL District.As a result of that ,review,
in which it was found that the character of the BL district and the BG district
are virtually the same by being a mix of residential and business uses and served
by the same type of traffic corridors,the following changes to Sections 29.79;
11.10,and l2.1(a)of the the Zoning Ordinance are proposed:
29.79."Restaurant,Drive-In:Any place or premises used for the sale,
dispensing,or serving of food or beverages to patrons in auto-
mobiles,including those establishments where patrons,in addition
to being accomodated in their automobiles,may also be accomodated
wi thin the premises."
ll.l(h)Add:Drive-In Restaurants.
12.1(a)Delete:Drive-In Eating and Drinking Establishments
12.I(a)Add:Drive-In Restaurants
There being no one present to offer testimony either in favor of or in opposition
to the proposed amendment,the Commission voted,on a motion by Mr.Wagaman and
seconded by Mrs.Daniels,to close the public hearing and to forward Rezoning Case
No.RZ-2l6 to the Board of County Commissioners along with a recommendation of
approval.The public hearing record will remain open for a period of ten days
for submittal of written comments.So ordered.
Subdivision Ordinance:
Mr.and Mrs.James Short arrived at 7:25 P.M.and expressed concern pertaining to
changes to the Subdivision Ordinance as they may affect the Charlton Acres Subdivis
which is in their ownership.The Chairman reopened the public hearing on the pro-
posed amendments to the Ordinance in order to hear testimony from the Shorts
However,following a brief informal discussion in which the Shorts were assured that
the proposed revisions would not affect the status of their current subdivision,
no testimony was offered either in support of or opposed to the Ordinance as proposed,
and the public hearing was again declared closed on a motion by Mrs.Daniels,
seconded by Mr.Wagaman.So ordered.
The public meeting was adjourned at 7:45 P.M.
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The Regular Meeting of the Washington County Planning Commission was held on
Monday,October 6,1980 at 7:00 P.M.in the second floor conference room of
the County Office Building.
Present were:Chairman William E.Wolford,Jr.;Linda H.Daniels,Terrance W.
Bache (arriving at 7:15);Thomas W.Dwyer (arriving at 8:05);JohnC.Herbst;
and Fred H.Younkins.Staff present:Executive Director Jack S.Hawbaker;
Senior Planner James B.Witherspoon;James P.Brittain,Associate Planner;
Catherine T.Thompson,Assistant Planner;and Marion Snyder,Secretary.
The meeting was called to order by the Chairman at 7:10 P.M.
MINUTES:
The minutes of the regular Planning Commission meeting held on September 3,1980
and the record of the public hearing for the Subdivision Ordinance and Rezoning
Case RZ-2l6 held on September 15,1980 were approved as presented,on a motion
by Mrs.Daniels and seconded by Mr.Herbst.So ordered.
NEW BUSINESS:
Requests for Variances Under Section 107:
Galen Finfrock:
On behalf of Galen Finfrock,a request for a variance was presented for consider-
ation to create a lot that cannot meet the Dedication of P~ght of Way Clause of
the Subdivision Ordinance.In order to meet the 75'dedication of right of way
from the centerline of the Leitersburg Pike (primary highway),the proposed
dwelling would have to be moved into the area required for the rear yard.
A motion was made by Mr.Herbst,seconded by Mr.Younkins,to grant approval to
proceed with preparation of the plat as submitted after exploring the possibility
of situating the dwelling in such a manner so as to obtain the required right of
way.Mr.Bache abstained not having been present for the entire discussion.
Motion carried.
W.Kent Combs:
A variance request was heard from Mr.Combs in which it was proposed to create
a parcel to be conveyed to an immediate family member that cannot utilize the
public road frontage because of topography and a problem with sight distance.
Access to the proposed lot would be via an existing lane across the remaining
lands.
The Commission voted,on a motion by Mr.Bache,seconded by Mrs.Daniels to grant
the variance under Section 107 of the Subdivision Ordinance because of inadequate
sight distance due to the topography of the land.So ordered.
Paul Shade:
The request for a variance for Paul Shade has been withdrawn.No action required.
Robert Marcum:
Mr.Marcum appeared before the Commission requesting a variance to the requirements
of the Subdivision Ordinance as pertains to creation of a lot not having public
road frontage.The pall'cel Mr.Marcum wishes to convey to his daughter has an
existing mobile home which is proposed to be served by a 18 foot right of way over
the adjoining land.
A motion was made by Mr.Herbst and seconded by Mr.Bache to grant approval to the
conveyance to an immediate member of the family under Section 107 of the Subdivision
Ordinance as has been presented.So ordered.
George Kline:
By letter of Mr.Seibert on behalf of Mr.Kline,a request for a variance was con-
sidered to allow creation of a lot which does not abut a public road.The existing
lane which is proposed to serve the parcel does not lead to a farm residence and
will require Board of Appeals action because the remaining lands will not comply with
Zoning Ordinance Requirements.The proposed conveyance is to an immediate family
member.Mr.Kline also pointed out that the twenty-five foot existing lane se~ves
,']nxa\,ft
George Kline,continued:
to provide access to other property owners in the i@nediate vicinity and therefore
ownership of the right of way should not be conveyed with the parcel.
The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Younkins,to
approve the proposed conveyance under Section 107 to an immediate family member
without fee ownership of the existing lane.So ordered.
Samuel Jacques:
Mr.Jacques appeared before the Commission requesting consideration of a variance
under Section 107 of the Subdivision Ordinance to allow creation of a lot not
fronting a public road and utilizing an abandoned railroad bed for access to the
7.51 acre parcel.He stated that it would be prohibitive to build a driveway
to serve the parcel from a point of access on Edgemont Road and would also devaluate
existing property situate along the public road.
On a motion by Mr.Bache and seconded by Mrs.Daniels,the Commission voted to
deny the request for a variance it being the opinion of the Commission that no
hardship exists since other options for access to the property are open to the
developer.So ordered.
Edna Haga:
Mrs.Haga appeared before the Commission requesting consideration of a variance
to the requirements of the Subdivision Ordinance to create a lot which will leave
the remaining lands without public road frontage.The staff report points out
that litigation is currently under way over the use of a right-of-way over her
property.The staff recommended approval of the request since there will be no
new home sites created and that the right-of-way granted by the Commission in
1979 established the Commission's position at that time as evidenced by the
plat which was approved in July of that year.(Reference is made to the Subdivision
Plat file S-79-108 for plat and exhibits).
On a motion by Mr.Herbst,seconded by Mr.Bache,the Commission voted'to grant
the request for a variance under Section 107 of the Subdivision Ordinance to permit
creation of lot 2 as it has been submitted.Motion carried with Mr ..,D,wyer abstaining.
Maxine Unger Subdivision,Parcel "I":
The Executive Director stated that the Maxine Unger Subdivision,Parcel "I"has
been granted an extension of time under the administrative process and therefore
no action is required on the part of the Commission.
Department of State Planning -State Development Council;
The Executive Director introduced Al Feldstein,Department of State Planning,for
an update on the State Development Council.Mr.Feldstein informed the Commission
that on January 7,1980,an executive order was signed by the Governor which created
a State Development Council consisting of the Lt.Governor and six cabinet secre-
taries including Constance Leider,Secretary of the Department of State Planning,
Secretaries of the Department of Economic and Community Development,Natural Resources,
Department of Health and Mental Hygiene,Transportation,and the Department of
Agriculture.The purpose of the council is to provide coordinated State policies,
possible legislation to deal with physical and economic development,conservation,
and preservation of resourses in an effort to encourage orderly development.They
have developed a draft of the State Development Policies which is currently under
review by the governor.In the near future a task force will be appointed to
review and comment upon the policies and public meetings will then be held.
OTHER BUSINESS;
Park Planning;
The Executive Director asked for consideration and endorsement of the questionnaire
which has been designed for mailing to a random sampling of citizens in an effort
to determine the needs in the south County park study area and the cover letter
which is to accompany the questionnaire.
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Park Planning,continued:
Charles Wiederhold and Jim Witherspoon brought the Commission up to date on the
status of the Park Planning Program.Discussion took place as pertains to the
large scale map depicting geographical planning characteristics that need to be
considered in developing the park plan.Also discussed was the general concept
role of parks in the County as relates to the physical nature of parks,the
direction,and to some degree,the general responsibility of the County for
park development as opposed to privately developed park programs such as those
developed and maintained by Ruritan Clubs,Lions Clubs,and other community and
civic organizations.The objectives of the initial program as discussed is to
coordinate park planning activities in creating guidelines and policies for
development of parks and recreational areas,their activities,and the necessary
facilities to serve them.
As pertains to the south county park study area,the Commission,on a motion by
Mrs.Daniels and seconded by Mr.Dwyer,voted to endorse the survey questionnaire
and cover letter so that it can be forwarded to the Board of County Commissioners
for their immediate action.So ordered.
COMMUNICATIONS:
For the information of the Commission,the Executive Director brought to their
attention,correspondence between County Administrator Barry Teach and Dr.John
S.Neill,Health Officer,as pertains to previous action of the Commission in
requesting the development of guidelines set forth by the Health Department in
determining requirements for geohydrologic testing in the development review
process.Dr.Neill's correspondence indicated that the Health Department is
proceeding to develop the suggested requirements for consideration by the Com-
mission and subsequent approval and adoption by the County Commissioners.
LmFINISHED BUSINESS:
Water and Sewerage Plan:
The Executive Director,reporting on the status of the Water and Sewerage Plan
revision,stated that the draft document is scheduled for public hearing by the
County Commissioners on October 14,1980 at 3:30 P.M.in their chambers.
Landfill Study:
The Executive Director reported that the Landfill Study which has been under-
taken by the Planning Commission staff is proceeding on schedule.The County
Commissioners have selected a firm to repair the landfill scales at a cost of
$1,700.00to bring them up to standard after which a weighing program is scheduled
to begin.
OTHER BUSINESS:
Personnel Transfer:
The Executive Director informed the Commission that Associate Planner Jim Brittain
has been transferred to the Engineering Department and expressed his appreciation
for the excellent service he has provided the Planning Department in the two
years that he has been with the department.The Commission Chairman also added
his thanks on behalf of the Commission for Jim\s outstanding record of service.
Legislative Requests:
Correspondence from the County Administrator was discussed as pertains to legis-
lative requests to the delegation of the General Assembly for the new legislative
session.The Executive Director pointed out that there was a need to have Article
66B of the Annotated Code of Public General Laws revised in terms of structure
in order to eliminate some present difficulties caused by ambiguous and questionable
sections of the law.He said that while this request may not fall within the area
of legislative requests,that it was felt there was a need for this analysis and
asked that the Commission consider making this suggestion to the County Commis-
sioners for their consideration.
On a motion by Mr.Dwyer,seconded by Mrs.Daniels,the Commission voted to ask
the County Commissioners to submit the request for.a revision of Article 66B
to the State.So ordered.
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Rezoning Case No.RZ-2l6:
On a motion by Mrs.Daniels,seconded by
to the agenda,consideration of Rezoning
rezoning public hearing on September 15.
Mr.D"yer,the
Case 216 "hich
So ordered.
Commission voted to add
"as the subject of a
On a motion by ~Ir.Herbst and seconded by Mrs.Daniels,the Commission voted to
for"ard RZ-216 to the County Commissioners with a recommendation that it be
approved.So ordered.
Subdivision Ordinance Revie,,:
As a result of the public hearing held for the draft Subdivision Ordinance on
September 15,and correspondence received from interested parties,the Commission
revie"ed staff recommendations relative to'the final revision of the ordinance.
The Commission concurred "ith staff responses to comments received relative to
items.1 through 36 and items 38 and 42 as indicated on the Subdivision Revie"
Chart.In consideration of items 37,39,40 and 41,it "as the position of
the Commission that the proposed ne""ording remain as it no"stands in the
draft ordinance to be for"arded to the Board of County Commissioners for their
consideration and action as pertains to public hearing.
Section 405.12.B.l:
Follo"ing lengthy discussion as pertains to Section 405.12.B.l,the Commission
voted,on a motion by Mr.Bache,seconded by Mr.D"yer,to eliminate the paragraph
'under Section 405.B.l.of the draft ordinance and to so notify aAl addressees to
whom the proposed changes to the ordinance "ere previously sent.So ordered.
ADJOURNMENT:
The meeting was adjourned at 11:00 P.M.
J.II,(),.\~t1\/V\G"W,
William E.Wolford
4:i3
The regular meeting of the Washington County Planning Comisssion was held on Monday,
November 3,1980 at 7 :00 P.M.in the second floor conference room of the County Office
Building.
Present were:Chairman William E.Wolford,Jr.,Vice-Chairman John C.Herbst,Linda
H.Daniels,Terrance W.Bache,Fred H.Younkins.Charles F.Wagaman,Jr.,and ThoIilas W.
Dwyer.Mr.Iierbst arrived at 7:25 and Mr.Dwyer arrived at 8:10.Staff present:
Executive Director Jack S.Hawbaker,Associate Planner Catherine T.Thompson,and Secretary
Marion Snyder.
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
A motion was made by Mrs.Daniels to accept the Minutes of the
6,1980 as presented.The motion was seconded by Mr.Wagaman.
NEW BUSINESS:
Requests for Variances:
Paul B.Shade:
regular meeting of October
So ordered.
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The staff report as pertains to the variance request by Paul B.Shade pointed out that
a preliminary consultation will be held on November 5,which is required upon proposal
of subdivision of a fifth lot from the original parcel.Mr.Shade is requesting a
variance to the dedication clause of the Subdivision Ordinance to permit dedication of
25 feet instead of the 75 feet·required by the ordinance,stating a hardship due to the
topography of the land to be subdivided.The proposed conveyance would be to an immediate
family member.Harpers Ferry Road is scheduled to be reclassified to a Collector road
when the Comprehensive Plan is adopted.
Following discussion of the proposed conveyance and ownership of a strip of land shown
on the plat along Harpers Ferry Road the Commission voted,on a motion by Mr.Wagaman
and seconded by Mr.Bache,to grant the variance allo"ing ~"r.Shade to dedicate 30 feet
from the centerline of the road,based upon the assumption that the road "ill be down-
graded to a Collector road and due of the topography of the land.The Commission also
requested that the driveway be moved 20 feet to the south,to which Mr.Shade agreed.
So ordered.
Richard Coffman:
Mr.William Teach,representing Mr.Coffman,requested consideration of a variance to
allow creation of a lot that does not abut a public road.The 25 acre parcel to be
conveyed from the original parcel shown as Parcel #3 contains existing improvements
and fronts on an existing 15 1/2 foot strip of lane leading to Md.Route 632.It
was pointed out in the staff report that to convey access by fee simple along with the
parcel would leave the remaining lands without access.
A motion was made by Mr.Bache to.grant the variance to create a parcel without public
road frontage under Section 107 of the Subdivision Ordinance because of the topography
of the land.Mr.Wagaman asked that the motion be expanded to state that the variance
be granted with the understanding that there cannot be any further subdivision of the
subject property without provision being made for a public road.Mr.Bache agreed to
the motion as amended,it was then seconded by Mr.Wagaman and so accepted by the Com-
mission.
Alexis Gagarine:
The request for a variance by Alexis Gagarine has been withdrawn,requiring no action
on the part of the Commission.
Londontowne,Section "c"-Concept Plan:
The Executive Director explained that the concept plan for Londontowne,S""tion "c"
was the subject of a preliminary consultation on October 16 and was brought to the
Commission because of points raised on that date by the Engineering Department and
other agencies,particularly as they peTta.in to the inadequacies of Day Road and
Landis Road to serve the combined traffic from the Londontowne development and others
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Londontowne,Section "e"Concept Plan,cont'd:
proposed for the area.Also discussed were other matters as outlined in the staff's
preliminary consultation report.(By reference to the preliminary consultation file
PC-80-13).
Following discussion with the staff as pertains to points that need to be resolved prior
to approval of the Concept Plan for Section "c"of Londontowne,the Commission directed
that a suggestion be made to the developer that some alternatives be worked out as per-
tains to the road alignment to serve the generalized concept of the development prior
to any further discussion of the concept plan.
Oil and Gas Exploration:
For the information of the Commission,the Executive Director brought to their attention,
a public meeting which was held on October 29 by the Jefferson County Mountaineers for
Rural Progress to discuss all aspects of oil and gas exploration in the County.He reported
that it was found that about 3000 leases in Washington County have been negotiated in the
past several months and have not yet been recorded and that lands so leased would become
subject to rezoning to 1M Districts and would undoubtedly impact the County Comprehensive
Plan.The Commission agreed that a meeting should be arranged with representatives of
the oil company,elected officials,all agencies of the County that would have an interest,
and the Planning Commission,and instructed the Executive Director to proceed with arranging
such a meeting at the earliest possible date.
Leitersburg Water Study:
The .Executive Director brought to the attention of the Commission for their information,
a public meeting scheduled for December 8,relative to a study prepared through the
Sanitary District concerning alternate proposals to provide water to the Leitersburg
area.The study suggests proposals for a well system for the area and an alternate
proposal to run a 4"water line along Md.Rt.62.The Commission discussed these alternative
as they would impact the County's Comprehensive Plan.No action was taken.
State Development Council Proposed Policies:
The Commission discussed a draft of the pOlicies to guide State actions £or the physica
and econoluic development of Maryland which have been submitted for review and comment.
Mr.Hawbaker stated that a meeting was held between the Department of State Planning and
all of the Planning Directors in the State as pertains to the proposal and that it is
expected that a final proposal will be presented about February of 1981.The Commission
agreed that a thorough in-depth review should be undertaken as it relates to County
policies and conooents prepared for submittal to the State Planning Department by the e~d
of the current year.This item will be placed on the agenda for the next regular meetlng.
OTHER BUSINESS:
Eastern Boulevard Public Meeting:
Notice of a public meeting to be held by the Maryland Department of Transportation relative
to the alternates study for the proposed relocation of Md.Rt.60 from U.S.Route 40
to Marsh Pike and 1-81 at Showalter Road was brought to the attention of the Commission
for their information.The study is in the program planning phase at the present time.
Parks Planning:
In updating the Commission on the status of the Park Planning Program for the County,
the Executive Director said that Chuck Wiederhold is meeting with both communities of
Boonsboro and Sharpsburg this date relative to the South County Park Study.It was alsG
reported that an evaluation of the questionnaires which have been received relative to
the south County Park Program are now being evaluated.A Comprehensive Parks Plan is
being developed by the staff and will be submitted to the State by January 1982 which
is a requirement in order for the County to be eligible for P.O.S.funding.
Landfill Study:
The Executive Director,reporting on the status of the weighing progrrnn in conjunction with
the Landfill Study,said that there is a slight delay due to necessary repairs to the
scales at the landfill.
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OTHER BUSINESS,CONT'D:
Comprehensive Plan Certificate of Resolution:
Copies of a Certificate of Resolution which is required by Article 66B were distributed
with the agenda for consideration by the Commission.The resolution was drawn up based
upon the Iuaterial in the currently adopted Comprehensive Plan and the proposed Comprehen-
sive Plan policies.Following discussion of the wording relative to adoption of the
Plan by the Commission,the Chairman asked the Executive Director to amend the resolution
as pertains to the wording in the last paragraph on page 1,and bring it to the Commis-
sion's public meeting of November 10 for their action.
Following the public rezoning hearing on November 10,the Commission formally approved the
revised Comprehensive Plan Certificate of Resolution and directed that it be forwarded to
the Board of County Commissioners with a recommendation that it be ,adopted.So ordered.
EXECUTIVE SESSION:
The regular meeting of the Planning Commission was adjourned at 8:S0 P.M.followed by
an Executive Session for discussion purposes.
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William E.Wolford,
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TIle regular meeting of the Washington County Planning Commission was held on
Monday,December 1,1980 at 7:00 P.M.in the second floor conference room of
the County Office Building.
Present were:Chairman William E.Wolford,Jr.;Vice Chairman John C.Herbst
(arriving at 7:30);Terrance W.Bache;Linda H.Daniels;and Thomas W.Dlqer
(arriving at 8:10).Not present:Charles F.Wagaman,Jr.and Fred Il.Younkins.
Staff:Executive Director Jack S.Hawbaker;Senior Planner James B.Witherspoon;
Associate Planner Catherine T.Thompson;Assistant Planner Stephen T.Goodrich;
and Marion Snyder,Secretary.
The meeting was called to order at 7:30 P.M.
NEW BUS INESS :
Reguests for Variances Under Section 107:
Berkley C.Rohrer:
The staff report indicated that the
Section 405.l2.E of the Subdivision
be divided by a municipal boundary.
lies partially within the municipal
request for a variance was necessary under
Ordinance which states that no lot shall
The lot which is proposed to be created
boundary of Clear Spring.
On a motion by Mr.Bache,seconded by Mr.Herbst,the Commission voted to
grant a variance under Section 107 of the Subdivision Ordinance to create a
lot which is separated by a municipal boundary.So ordered.
Arthur James:
A request for a variance was heard from Mr.James in which it was proposed to
create a lot that does not front a public road.There is an existing 50'of
public road frontage which narrows to thirty feet.The location of the proposed
lot precludes creation of a fee simple panhandle lot since it would bisect the
remaining lands and topography of the land is not conducive to creating an
additional driveway.The proposed lot is to be conveyed to an imnj¢diate £a:::ily
member.
Under the provisions of Section 107 of the Subdivision Ordinance,a motion was made
by Mr.Herbst and seconded by Mr.Bache,to grant the request for a variance to
create a lot without public road frontage.So ordered.
Roger S.Hornbaker:
The staff report for the application for a variance to create a parcel without public
road frontage by Mr.Hornbaker referenced a letter from J.Il.Seibert dated November
19,in which it was stated that the.intent of the proposed subdivision was to convey
the farm and farm buildings and to retain remaining lands for use as conservation for
hunting.Access would be via the original farm lane for both parcels.
The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Baclle to grant
approval to the variance as requested.So ordered.
J.Ernest Schneider:
The staff report indicates that the application to create a lot without road fron-
tage was the subject of a preliminary consultation held on August 19,1980 concerning
an 84 lot subdivision of which the parcel under consideration is a part.Two
residences are situated on the tract.Mr.Schneider is requesting to subdivide one
of the residential lots utilizing a right of way over remaining lands until such ti
that the interior roads are constructed,which would then provide public road front:.'
to the lot.
On a motion by Mr.Bache,seconded by Mr.Herbst,the Commission voted to grant the
variance to allow creation of a lot without public road frontage with the stipula-
tion that a note be placed on the record plat stating that the lot will connect to
the public road at such time that the development is completed.So ordered.
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Requests for Variances Under Section 107,cont'd:
Jeffrey Lynn Hurd:
A request for a variance was heard to allow creation of a lot that does not have
public road frontage.The lot,which is proposed to be conveyed to an immediate
family member will have access via a lane which also serves as right of way to
two other adjacent residential properties.
On a motion by Mr.Bache,seconded by Mr.Herbst,the Commission voted to grant the
variance to create a lot for transfer to an immediate family member utilizing the
existing lane across remaining lands,under Section 107 of the Subdivision Ordinance.
So ordered.
Subdivision:
Stonecroft:
In reviewing the proposed subdivision plat and concept plan for the Stonecroft
Apartments,Phase IV of Youngstoun which is proposed as a 108 unit housing development
for the elderly,the staff called attention to details which need to be discussed
by the Commission relative to comments by the County Engineer and the City of Hag-
erstown and also staff comments in regard to the extension of sidewalks and
emergency vehicle access.A waiver is also being requested as pertains to the number
of parking spaces required,under Section 16.8 of the Zoning Ordinance which allows
for modification of design requirements.The staff referenced data indicating that
parking requirements for this type of development are generally less than for others.
On a motion by Mr.Herbst and seconded by Mr.Bache,the Commsision voted to grant
the variance from the 2 parking space unit requirement to 1 parking space per unit.
So ordered.
On a motion by Mr.Bache and seconded-by Mr.Dwyer,the Commission voted that a
sidewalk connection be extended to provide continuity to the rest of the develop-
ment and recreational facilities and also to extend the walkway to tie into the
sidewalk in Section I of the Youngstoun Development leading to the Junior College
area.So ordered.
Relative to comments by the City of Hagerstown as pertains to the provision of
additional emergency vehicle access,the Commission voted,on a motion by Mr.Herbst
and seconded by Mr.Dwyer,to accept the original recommendation of the State Fire
Marshal as per his letter dated November 13,1980.(By reference to file S-80-112).
So ordered.
On a motion by Mr.Bache,seconded by Mr.Dwyer,the Commission voted to approve
the Preliminary Plat for Stonecroft Apartments,Youngstoun Phase IV subdivision.
So ordered.
The Commission voted,on a motion by Mr.Bache,seconded by Mr.Dwyer,to grant
approval to the site plan for Stone croft Apartments,Youngstoun Phase IV,on the
condition that the following requirements be satisfied:1.That the sidewalk system
connecting with the system in Youngstoun,Phase I is shown on the site plan as
previously discussed above,and 2.that a note be placed on the site plan and record
plat referencing Commission approval of the variance requirement from two (2)spaces
per unit to one (1)space per unit as per previous action above.So ordered.
OTHER BUSINESS:
Orchard Grove -Cluster Subdivision:
Mr.Tim Crosby of Chapman and Associates appeared before the Commission to make a
presentation of the proposed Orchard Grove Cluster Subdivision concept plan,asking
that the Commission discuss the plan and suggest direction as pertains to Section.
22.81 of the Zoning Ordinance and other options that might be open to them for th1s
type of development.
TIle Commission agreed that Article 16 of the Zoning Ordinance needs to be analyzed
and studied in order to bring it more into line with the recommendations of the
draft Comprehensive Plan as it pertains to cluster development.It was pointed
out to the developer that such an analysis will require a lot of time and that
at least a year would have to be devoted to researching the matter before a rec-
ommendation could be presented by the staff for a Zoning Ordinance text amendment.
The Commission informed the developer that the type of cluster development pro-
posed is not currently provided for in the Ordinance and that should the developer
wish to pursue this concept he would have to file for a map amendment for change
in land classification.
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CO~1MUNICATIONS :
Letter from Jack Byers -Home Construction CorporationcEastern Boulevard:
A copy of a letter from Mr.Byers to the Board of County Commissioners dated
November 14,1980 was brought to the attention of the Commission as it relates
to alignment of the proposed Eastern Boulevard which was a part of the County
Highway Plan in 1977 when a portion of the subdivision known as Colonial Park
East was granted a petition to rezone the property to RS conditioned upon no
other access being provided through the development from any other site.
TI,e Executive Director stated that while nO action was necessary on the part of
the Commission relative to the letter from Mr.Byers,but that this development
ties in with Eastern Boulevard which will probably not be programmed for the
immediate future.He asked for endorsement by the Planning Commission to the
Board of County Commissioners that they in turn ask the State Highway Administration
to continue this project at least through the project planning phase.He stated
that the City Engineering Department,Planning Department,County Engineering
Department and the County Planning Department are going to be meeting on the 3rd.
in order to establish a common approach to what should be taken to the County Com-
missioners by way of a request to continue the project planning phase.
It was the unanimous concensus of the Commission that a letter be prepared for
forwarding to the Board of County Commissioners stating that the letter from Home
Construction Corporation has been considered by the Commission concerning the
roadway alignment through Colonial Park East and that the Planning Commission is
in agreement with the developer on the importance of establishing the road align-
ment at the earliest possible date due to the unnecessary hardship created for the
developer and the requirements imposed on the County in Section 402.2 of the Subdi-
vision Ordinance.So ordered.
The Commission voted,on a motion by Mr.Bache,seconded by Mr.Herbst,that a
letter be prepared from the Planning Commission to the Board of County Commissioners
for presentation at their meeting on pecember 9,stating the position of the Com-
mission as pertains to the Eastern Boulevard Project to state in effect that the
Commission is endorsing the inclusion of Phase I,Project Planning>Phase in the
State Highway Administration's Consolidated Transportation Program.So ordered.
UNFINISHED BUSINESS:
State Development Council Proposed Policies:
The Planning Commission discussed the proposed executive order for Development
Council Policies for the State and expressed concern relative to Policies B(4),
B(5),0(5),and F(l)in particular and asked that the staff address these policies
and express these concerns to the Secretary of State Planning at the earliest
possible time.
Workshop Meeting:
The Commission established a workshop meeting to discuss items of importance that
were not included on the regular meeting of agenda because of the time element
involved.The Commission will meet on Monday,December 15,from 2:00 -5:00 P.M.
in the second floor conference room of the County Office Building.
AD]OURJ'lMENT :
The meeting was adjourned at 10:10 P.M.followed by an Executive Session.
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William E.Wolford,
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A meeting of the Washington County Planning Commission was held on ~londay,December
15,1980 at 2:00 P."1.in the second floor conference room of the County Office
Building.The purpose of the meeting was to consider agenda items which were de-
ferred at the last regular meeting because of time limitations.
The meeting was called to order at 2:07 with the following Planning Commission mem-
bers and staff in attendance:Chairman William E.Wolford,Jr.,Vice-Chairman
John C.Herbst,Terrance W.Bache,Thomas W.Dwyer,Fred H.Younkins,and Linda H.
Daniels,arriving at 3:15.Mr.Wagaman was absent.Staff:Executive Director
Jack S.Hawbaker,Senior Planner James B.Witherspoon,Associate Planner Catherine
T.Thompson,Assistant Planner Stephen T.Goodrich,and Marion Snyder,Secretary.
"!I NUTES :
The minutes of the regular meeting of November 3,1980 were approved as written
on a motion by Mr.Younkins.So ordered.
The Commission approved the minutes of the regular meeting held on December 1,1980
on a motion by Mr.Herbst and seconded by Mr.Dwyer.So ordered.
REZONING CASES:
The Executive Director read for the record,the Planning Commission members present
at the public rezoning hearing held on November 10,1980 as follows:William E.
Wolford,Jr.,Charles F.Wagaman,Jr.,John C.Herbst,and Terrance W.Bache.
Case RZ-2l9:
Following review of the staff report and analysis of RZ-2l9,a proposed text
amendment petitioned by Leigh R.Sprowls to change the uses presently allowed
under Section 7.l(d)of the Zoning Ordinance,the Commission voted on a motion by
Mr.Dwyer,seconded by Mr.Younkins,to accept the recommendation of the staff
report and analysis to amend the petitioner's application for transmittal to the
Board of County Commissioners as modified.So ordered.
Case RZ-220:
For the record,the Executive Director brought to the attention of the Commission,
additional comments and petitions submitted during the 10 day period that the
public hearing transcript is held open for that purpose:D.E.Metz,President
of the Longmeadow Civic Association transmitting petitions against the rezoning
applications signed by residents of the adjacent residential areas;Letter
against the rezoning signed by Robert L.Hanlin and Cecil Anderson on behalf of
the Paramount Baptist Church;Correspondence stating objections to the rezoning
petition from Roland Hebb,Donald Eyler,Mabel Joliet,Albert F.Enders,and D.E.
Metz as an individual property owner.
Following lengthy discussion of the public hearing transcript,exhibits,and
the staff report and recommendation,the Commission voted to take the following
action on a motion by Mr.Bache and seconded by Mr.Herbst:
.The Planning Commission recommends that the Board of County Commissioners deny
the application for a map amendment based upon the findings of fact contained in
the staff report and recommendation,at the same time recognizing that the
present RS zoning for the entire tract may be inappropriate and that there may
have been a mistake in the original zoning of the parcel.The Commission further
recommends that a study of this area be initiated to evaluate the possibility of
a mistake,and in this regard,the Commission expects to undertake this study in
the near future.Motion carried with Mr.Dwyer voting "No".For the record,Mr.
Dwyer stated that he had reviewed the public hearing transcript.
Case RZ-22l:
Upon review of the staff report and recommendation as pertains to an application
for map amendment by Silver Executive Centers,Inc.,from the present RU zoning
to PB,the Planning Commission voted,on a motion by Mr.Bache,seconded by Mr.
Herbst,to recommend approval of the request as conditionally submitted by the
applicant to the Board of County Commissioners based upon the findings of fact in
the staff report and recommendation.So ordered.
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REZONING CASES:
Case RZ-222:
11,e Commission reviewed and discussed the staff report and recommendation as
pertains to an application for text amendment to Section 7.Z(b)of the Zoning
Ordinance.
On a motion by Mr.Dwyer and seconded by Mr.Bache,the Commission voted to recom-
mend that the application to delete the "in residence"provision of Section 7.2(b)
be denied based upon the Staff report and analysis and at the same time recommended
that Section 28.46 be added to the Zoning Ordinance as amended in the staff report.
So ordered.
Data Retrieval System:
The staff outlined for the Commission the Data Retrieval System which has been
prepared as a method of recording data on tapes relative to permit and subdi-
vision information.The Commission discussed the guide for input to the planning
information system and suggested that a sample read-out be obtained for study.
Landfi II Study:
11,e Executive Director reported that the weighing progranl which was scheduled to
begin in conjunction with the Maryland Environmental Service had fallen behind
due to problems with the scales at the landfill.It is expected that the program
will be resumed and a study completed relative to recommendations for purchase of
a shredder or shredders well within the anticipated work schedule.
South County Park Study:
A report was distributed and discussed relative to the citizen participation
study to determine the recreational needs of southern Washington County.Jim
Witherspoon explained that the preliminary report is based upon the results of
the direct mail survey of a random sampling of property owners in the south
County area and by personal contact with municipal officials,organized leagues,
and service clubs.
Park Planner Charles Wiederhold said that a workshop meeting had been held by
the Park Board and that they had concurred with the goals and objectives of
the park plan as they relate to the survey results.He indicated that additional
studies would be necessary to determine what should be included in the plan,
where facilities are needed,and recommended that a joint meeting with the Park
Board be arranged in January.The Commission agreed to schedule a joint meeting
with the Park Board on January 13 or 14 so that a final recommendation can be
arrived at in making a report to the Board of County Commissioners by the end
of January as pertains to the park plan,and what facilities are existing.
TI1e Commission voted,on a motion by Mrs.Daniels,seconded by Mr.Younkins,to
endorse the schedule for the South County Park Study with the understanding that
existing facilities will be included in the plan which is to be prepared,
along with endorsement of the goals and objectives for the Comprehensive Park Plan
which are to be presented to the County Commissioners on December 16.So ordered.
Subdivision Ordinance Review:
TI1e Executive Director explained that as a result of comments received by the
County Commissioners at their public hearing for the proposed amendment to the
Subdivision Ordinance,the staff had undertaken additional review of these con-
cerns and prepared responses for consideration by the Commission.
Items 1 through 4 on the review chart have had no additional comments.
Items 5,6,7,and 8:The Commission concurred with the staff's response as
worded.
Item 9:Following discussion of Section 315.5 of the Ordinance relative to
recordation of final plat limitations,the Commission agreed that this concern
could be accomodated by a request for a variance under Section 107 and should
stand as proposed.
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Subdivision Ordinance Review:
Item 10:The Commission agreed with the staff's recommendation that the third
sentence in Section 313 of the Ordinmlce should be deleted.
Item II:In response to comments from the Home Builder's Association,the Com-
mission agreed that Section 402.2 be recommended for adoption as it is now proposed
with the intent that a study will be undertaken by the staff for possible future
amendment at a later date.
Item 12:The Commission agreed to recommend the wording as proposed.
Item 13:The Commission agreed to recommend that the adopted six-year Capital
Improvements Program should be the guideline in regard to the dedication of
right-of-way for highway improvements.
Items 14 and 15:The Commission agreed to recommend the proposed wording as
stated.
Item 16:As pertains to the route of Appeal,the Commission agreed that an opinion
is needed from the County Attorney.
The above recommendations will be prepared by the staff for forwarding to the
Board of County Commissioners for their consideration and action.
ADJOURNMENT:
The meeting was adjourned at 5:00 P.M.
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William E.Wolford,