HomeMy WebLinkAbout1982 Minutes38
The Washington County Planning Commission held its regular meeting on Monday,
January 4,1982 in the second floor conference room of the County Office Building.
The meeting was called to order by the Chairman at 7:05 P.M.
Present were:Chairman William E.Wolford,Jr.;Vice-Chairman John C.Herbst
(arriving at 7:25);Jack B.Byers;Michael D.Barnhart;Thomas W.Dwyer;and
Donald E.Zombro.Not present:Charles F.Wagaman,Jr.
Staff in attendance:Executive Director Jack S.Hawbaker;Senior Planner James
B.Witherspoon;Associate Planner Catherine T.Thompson;Assistant Planner
Stephen T.Goodrich;Parks Planner William Stachoviak;and Marion Snyder,Secretar~)
MINUTES:
The minutes of the regular meeting of December 7,1981 were approved and accepted
as presented on a motion by Mr.Byers,seconded by Mr.Dwyer.So ordered.
NEW BUSINESS:
Shopco Hagerstown Company -Preliminary Approval:
The staff report pointed out that the proposed five lot subdivision within the
Valley Plaza area has not received Health Department approval due to the condi-
tional approval by the Sanitary District because no allocation for sewerage can
be granted until the sewer moritorium in that area has been lifted.It is not
anticipated that the moritorium will be lifted for at least 18 to 24 months.
On the basis of these conditions,the staff recommended that the application for
Preliminary Approval be denied.
'Mr.Young,the attorney representing the developer,argued that the application
was requested in this manner because of the stipulation of a contract for an
exchange of lands and that the owner was prepared to submit a letter to the
Commission stating that he is aware of the conditions in regard to the sewer
moritorium.
After a lengthy discussion between Mr.Young,the owner,Mr.Massey,and the
Commission as pertains to the requirements of Section 308 of the Subdivision
Ordinance,the Commission voted,on a motion by Mr.Byers,seconded by Mr.
Dwyer,to disapprove the application based upon the recommendations of the
staff report,the letter of disapproval from the Health Department dated Novem-
ber 23,1981 and the letter dated November 9,1981 from the Sanitary Commission.
The motion carried with Mr.Herbst voting "No".
Site Plan -Review and Herald Publishing Association:
The staff report indicated that the site plan application for the Review and
Herald Publishing Association is a commercial development located in the Highway
Interchange District on West Oak Ridge Drive.An 800'sewer line extension is
proposed from the Sharpsburg Pike to serve the development.It was also pointed
out that a Board of Appeals decision is pending as pertains to landscaping and
buffering requirements at property lines.The staff has recommended that approval
be granted.
Following discussion with the developer and his representative,Mr.Holsinger of
Associated Engineering Sciences,relative to the type of building that is planned
and viewing an architectural concept of the proposed construction,the Commission
voted,on a motion by Mr.Dwyer,seconded by Mr.Herbst,to grant approval of the
Site Plan as presented.So ordered.
Preliminary Consultation -Michael Massih:
As a result of a preliminary consultation which was held for the Michael Massih
property and a subsequent site visit by the staff,serious concerns have been
raised relative to the adequacy of Gilardi Road to serve the proposed residential
lots and to provide emergency vehicle access.On the basis of these concerns
and upon the recommendations of the staff,the Commission agreed to defer action
until a site inspection by the Commission members can be arranged.
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NEW BUSINESS,CONTINUED:
Tom M.Davis -Proposed Development:
The staff brought to the Commission a report concerning a preliminary consultation
to be held for the revision of the concept plan for Highland Manor which was pre-
viously approved by the Commission.A portion of the tract is now being proposed
to be utilized as a mobile home subdivision which would be in conformance with the
interpretation of the Zoning Ordinance as relates to the Planned Residential Dis-
trict.Mr.Davis,owner/developer,requested authorization to designate the
required setback areas and other unuseable lands as open space areas required
under Sections l6.7(c)and 22.5l(h)of the Zoning Ordinance.
The Commission concurred in general with the idea as presented by the developer
and agreed that he should proceed with the development of a concept plan.
Board of County Commissioners -Preliminary and Final Approval:
Upon staff review of the proposed subdivision of 2.84 acres of the 9.54 acre
industrial tract,the Commission voted,on a motion by Mr.Dwyer and seconded by
Mr.Byers,to grant preliminary and final approval based upon the staff report
which indicates that all requirements of the Subdivision Ordinance have been
satisfied.So ordered.
Havenwood Hills (Smithsburg Joint Venture)-Variance:
On a motion by Mr.Herbst and seconded by Mr.Dwyer,the Commission voted to waive
'the requirements of Section 405.ll(B)of the Subdivision Ordinance to permit
access from Md.Route 64 to serve the subdivision since the 500'distance require-
ments cannot be met.So ordered.
OTHER BUS INESS :
For the information of the Commission,a Board of Appeals opinion was distributed
and discussed as pertains to the appeal made by Wilbur O.Martin charging adminis-
trative error in the Planning Commission's decision to allow expansion of the
Mellott Quarry operation.No action was taken.
ADJOURNMENT:
The meeting was adjourned at 9:50 P.M.
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William E.Wolford,Jr.,man
The regular meeting of the Washington County Planning Commission was held on Monday,
February 1,1982 in the second floor conference room of the County Office Building.
The meeting was called to order at 7:00 P.M.
Present were:Chairman William E.Wolford,Jr.;John C.Herbst,Vice-Chairman,
(arriving at 7:25);Jack B.Byers;Thomas W.Dwyer;Charles F.Wagaman,Jr.;and
Donald E.Zombro.Not present:Michael D.Barnhart.Staff in attendance were:
Executive Director Jack S.Hawbaker;Senior Planner James B.Witherspoon;Associate
Planner Catherine T.Thompson;Parks Planner William Stachoviak;Zoning Administrator
Paul Prodonovich;and Marion Snyder,Secretary.
MINUTES:
On a motion by Mr.Dwyer,seconded by Mr.Zombro,the Minutes of the regular meeting
of January 4,1982 were accepted and approved as presented.So ordered.
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UNFINISHED BUSINESS:
Massih-Preliminary Consultation:
Previous action of the Commission on January 4,1982,delayed action on the pre-
liminary consultation for the Michael Massih proposed subdivision until the
Commission could arrange a site inspection prior to discussing the merits of the
proposal.The staff,in presenting their position on the matter,stated that the
resolution was seen as a two part question:1)the legal status of that portion
of Gilardi Road,and 2)Section 303.2 of the Subdivision Ordinance which takes
into consideration the adequacy of the road relative to the factors listed in
the Ordinance.The position of the staff is that the Ordinance does not permit
subdivision of the parcel because that portion of Gilardi Road is not accepted
for maintanance by the County nor recognized as being adequate by the County
Engineer.Mr.Massih asked for a determination on the part of the Commission as
to whether the subdivision as proposed could be approved if the problem of
adequacy and maintenance of the road could be resolved.
After further discussion,the Commission indicated that if the problem could be
worked out by a decision by the County Commissioners,the Commission could look
favorably upon the concept of the subdivision as proposed.For the record and
for the Commission's minutes,Mr.Hawbaker asked for clarification of the Commis-
sion's action and whether the applicant is asking that the preliminary consultation
question be held in abeyance with no resolution until the County Commissioners
are approached or whether Mr.Massih is withdrawing the request.
The Chairman,in restating the Commission's intent,said that by concensus the
Commission has agreed that the preliminary consultation is held in abeyance until
a decision is reached through the County Commissioners concerning the adequacy of
Gilardi Road to the subdivision.
NEW BUSINESS:
Hopewell Manor -Preliminary Plat and Site Plan (Case Edwards):
The staff review of the preliminary plat and site plan for Hopewell Manor indi-
cated that the proposed 6 acre multi-family residential development is situated
along the west side of relocated Hopewell Road south of 1-70.The development
is proposed to be served by a privately-owned driveway and parking area and meets
the requirements of the Zoning Ordinance for parking area and open space.The
Sanitary District has granted preliminary approval only.Final approval cannot
be granted by that agency until the sewer moritorium is lifted in the Halfway Area.
A motion was made by Mr.Wagaman and seconded by Mr.Dwyer to approve the prelim-
inary plat and site plan application subject to the existing sewer moritorium
being lifted.So ordered.
Windsong Apartments -Preliminary Consultation:
A preliminary consultation,held on December 29,was brought to the Commission for
information and discussion on the proposed development of 24 apartment units de-
signed for the elderly,located south of Clear Spring.The staff reported that
Board of Appeals approval would be required for the proposed reduced number of
parking spaces.Comments in a letter from the County Engineer relative to the
use of a sinkhole on the property which may be used to detain storm water was
discussed,and in this regard the Health Department has reserved the right to
check with the State Health Department on the matter of groundwater contamination.
Also discussed was whether the development would be apartments or townhouses
according to the definition in the Zoning Ordinance.Based upon an agreement
with the Zoning Administrator,these units will be considered apartments if
provided with fire doors between attics.This report was presented for infor-
mation with no action required.
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NEW BUSINESS,CONT'D:
Preston Trucking -Preliminary Consultation:
A preliminary consultation held on December 29 for Preston Trucking was brought to
the Commission for information and discussion.The 5.89 acre parcel proposed for
development is located within the Interstate Industrial Park.The staff indicated
that no useful purpose would be served by providing screening along Interstate 81
since the parcel slopes well below the view from the road.The Commission dis-
cussed green space requirements of the Zoning Ordinance and agreed that the de-
veloper should be informed that the site plan when submitted should provide for
some type of shrubbery compatible with like uses in the Industrial Park.
COMMUNICATIONS:
Extension Letter from Cump and Associates,Inc.,Re:Blueberry Heights:
On a motion by Mr.Dwyer,seconded by Mr.Wagaman,the Commission voted to grant
a 90 day extension of time for consideration of Blueberry Heights Subdivision
because it lacks approval for water availability from the Town of Smithsburg.This
extension will expire on May 1,1982.So ordered.
OTHER BUSINESS:
Parks Plan -Summary Review:
Reporting on the status of the comprehensive Parks Plan,the Executive Director
said that there is a requirement from the State that all jurisdictions put together
a comprehensive parks plan.The original date of submittal was for the first of
the year but the State has agreed to extend that date until the end of March after
having been notified that the plan is progressing toward completion.
Bill Stachoviak,Parks Planner,summarized the Comprehensive Parks Plan,saying
that the plan follows the policies and recommendations established by the Compre-
hensive Plan for the County and briefly outlined the steps that were taken in
preparation of the Parks Plan.It is expected that a complete draft will be
available prior to the next regular Commission meeting in March.
Agricultural Preservation Board:
No new report.
Duplex Subdivision Discussion:
Mr.Byers withdrew from the discussion as a member of the Commission and stated that
he would enter into the discussion as a private citizen.The Executive Director,
in g1v1ng background information on the discussion before the Commission,stated
that some time ago,Mr.Byers,representing Home Construction Corporation,had
asked his opinion in regard to the subdivision of a duplex dwelling in an RS zoning
district and was told that no problems could be foreseen.Subsequently,an appli-
cation was made for a premit and reviewed by the Zoning Administrator who felt that
there was a problem under the interpretation of Section 28.l9(g)of the Zoning
Ordinance since it would not provide for side yard requirements in this instance.
Mr.Byers said that the intent was to build the duplexes for sale to either one
owner or two individual owners in an attempt to provide lower cost housing to persons
who might not be able to afford a single-family dwelling.
The Commission discussed the issue at length with the developer,the Zoning Adminis-
trator,and two persons in attendance,Mr.Iseminger and Mr.Plum,homeowners in
the Oak Ridge Estates Subdivision,relative to the intent of the Zoning Ordinance
as pertains to dual ownership of duplex residences.
A motion was made by Mr.Herbst to grant permission to subdivide the lots in this
instance and future lots as proposed since he felt that it was the intent of the
Ordinance to allow such development.The motion died for lack of a second.
Mr.Wagaman pointed out that there exists a local Administrative Procedure Act
whereby if rules are adopted that are of general public application,they have to
be proposed,advertised,a public meeting held,and adopted.He said that he felt
in this regard,a decision such as the one discussed would be one of these rules.
On the basis of this,Mr.Wagaman moved to request the County Attorney to give the
Commission an opinion as to whether or not a ruling on this point would involve a
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OTHER BUSINESS,CONT'D:
Duplex Dwelling Discussion,Cont'd:
Rule of Regulation subject to the local Administrative Procedure Act.The motion
was seconded by Mr.Dwyer who added that the Commission should proceed with all
possible speed since there are many aspects to be considered that will be a
precedent affecting other cases.The motion carried with Mr.Herbst voting "No".
The Chairman added that it was the concensus of the Commission that if the County
Attorney makes this determination that the planning staff should explore through
the City of Hagerstown and Frederick County,which are neighboring jurisdictions,
to prepare some rule of procedure revision and come back with it to the next
meeting.If not,then the Commission will make its own ruling at the next meeting
on the merits of the request that was heard.
Addition to Agenda:
For the information of the Commission,Mr.Wagaman said that at the joint City/County
meeting which was held last Tuesday night,the City made numerous requests of the
County Commissioners,one of them being the County's consent to annexation of the
Ditto Farms Park area so that they can extend water and sewer to developments that
lie east of the park.The County brought up that the City has certain pOlicies
regarding hook-ups in that waste and sewer and annexation are tied together.It
is the County's position that the policy is not appropriate and until the City
addresses that and some mutually acceptable resolution is made,there will be no
discussion of annexation.The position that the County Commissioners have taken
supports the position of the Planning Commission in regard to the annexation
requirement.
Urban Growth Area Study Committee:
Mr.Dwyer,Chairman of the Urban Growth Area Study Committee,reported that meetings
were held by the committee on December 14 and January 12,with another meeting
scheduled for February 8.The committee has adopted the priority list as pre-
sented by the staff,the first item of which was to set the boundaries for the
Urban Growth Area.Jim Witherspoon,staff representative on the committee,said
that the group has decided that water service as opposed to sewer service is a
critical element in determining the area boundary and research has been done on
that.Other things that have been discussed were population projections,adequacy
of schools,and how these can be related to the Growth Area.It is hoped that
through the studies that have been done and a series of overlay maps that have
been prepared,that the committee will be able to specifically define a boundary
at the next meeting.
Solid Waste Management Study -Status Report:
Mr.Hawbaker reported that the Solid Waste Management Study is now complete and a
presentation is to be made to the Board of County Commissioners on Tuesday,
February 2.The Commission members were invited to be present.Mr.Wolford said
that he would be able to attend.
Mellott Quarry Status:
For the information of the Commission,a notification of appeal to Circuit Court
by H.B.Mellott Estates concerning the Board of Appeals Case AP-1199 by Wilbur
Martin was distributed.No action required.
ADJOURNMENT:
There being no other business to discuss,the meeting was adjourned at 9:50 P.M.
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The regular meeting of the Washington County Planning Commission was held on Monday,
March 1,1982 at 7:00 P.M.in the second floor conference room of the County Office
Building.
ROLL CALL:
Present were:Chairman William E.Wolford,Jr.;Michael D.Barnhart;Thomas W.Dwyer;
Charles F.Wagaman,Jr.;John C.Herbst (arriving at 7:30);and Donald E.Zombro.
Absent:Jack B.Byers.Staff in attendance:Executive Director Jack S.Hawbaker;
Senior Planner James B.Witherspoon;Catherine T.Thompson,Associate Planner;
Assistant Planner Stephen T.Goodrich;Parks Planner William V.Stachoviak;and
Marion Snyder,Secretary.
CALL TO ORDER:
The Chairman called the meeting to order at 7:05 P.M.
MINUTES:
The minutes of the regular Commission meeting of February 1,1982 were approved and
accepted as presented on a motion by Mr.Dwyer and seconded by Mr.Zombro.So ordered.
UNFINISHED BUSINESS:
Paul Crampton--Preliminary and Final Subdivision Approval:
In reviewing background information on the status of the proposed Crampton subdivision,
the Executive Director said that during the discussion of the availability of public
'facilities to serve the development at the last Commission meeting,it was disclosed
by the engineer that an interim septic system was planned.Since the health agency
had apparently not reviewed the proposal relative to the use of a sewerage disposal
system,the developer was asked to resubmit the plat,delineating the septic area,
for redistribution.Since that time,percolations tests were conducted and an ease-
ment area prescribed.Since the revised plat did not show percolation test holes
in the easement area itself,Mr.Hawbaker said that he had contacted Mr.Rooney at
the Health Department for confirmation of that agency's approval.Mr.Rooney indi-
cated that he is well satisfied that the easement area as proposed on the revised plat
will satisfy the requirements of the Health Department.Also,the Water Department
has been contacted relative to conditions for hook-up to the public water line and Mr.
Breichner said that they have reached an agreement with the developer in regard to the
installation of a public water line outside the subdivision area.
There being no further questions of the staff nor of the applicant,the Commission
voted to grant Preliminary and Final Subdivision approval to the plat.The motion
was by Mr.Zombro,seconded by Mr.Dwyer.So ordered.
Preston Trucking--Landscaping Provisions:
In review of the preliminary consultation that was held for Preston Trucking and discus-
sion at the last Commission meeting as pertains to landscaping requirements,the
staff reported that after rechecking into landscaping for the site that they did
not see any need for buffering along the Interstate highway.It was brought to the
attention of the Commission,however,that there exists a strip of land between Gov.
Lane Boulevard and the commercial properties on the west side of the road which was
originally intended to be used as the second lane of Gov.Lane Boulevard.The
County Engineer has indicated that he feels there will never be a need for the second
lane with the result that no one has assumed responsibility for maintenance of the
right of way strip.It was suggested by the staff that a recommendation be made to
the County Commissioners that the right of way either be conveyed to the adjacent
property owners or to provide for maintenance in some manner.Mr.Hawbaker offered
the suggestion that a site visit by the Commission be arranged since the plat which
is now in the preliminary stages will be coming before the Commission for site plan
consideration in the near future.It was suggested that something could be resolved
for landscaping or planting of some kind in conjunction with the Industrial Foundation.
The Commission agreed that the entire right of way along the west side of.Governor
Lane Boulevard be looked into in regard to landscaping for the purpose of making a
recommendation to the County Commissioners.By concensus,the Commission agreed to
set a date to view this site and other sites on the Commission's agenda.
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Massih Subdivision--Status Report:
The Executive Director reported that Mr.Massih has contacted the County Commis-
sionres who have not yet taken action as pertains to Gilardi Road.The plat is
still being held in abeyance.
NEW BUSINESS:
Request for Variance--A.L.DeFeo:
A request for a variance to the requirements of Section 405.ll.B of the Subdi-
vision Ordinance was heard to permit conveyance of a parcel of approximately
24 acres off Bain Road.Access is proposed to be provided via an existing lane
across adjoining land.
The Commission moved for approval of the request on a motion by Mr.Wagaman,
seconded by Mr.Dwyer.The motion carried with Mr.Herbst abstaining since he
was not present for the entire discussion.So ordered.
Havenwood Hills,Section "E"--Preliminary and Final Approval:
The staff report pointed out that a variance had been granted on January 4,1982
to permit access to the proposed Parcel A-2.(Reference:Smithsburg Joint Venture).
Also,a letter from the Zoning Administrator was referenced relative to buffering
requirements along the eastern end of the property and the inadequacy of parking
spaces to accommodate the two practioners who now occupy the building at the site.
It was the recommendation of the staff that the subdivision be approved and the
zoning matter handled independently of the subdivision of land.
On a motion by Mr.Herbst,seconded by Mr.Barnhart,the Commission voted to grant
Preliminary and Final approval with the stipulation that the subdivider be notified
that there is a problem with zoning requirements with a copy of the letter going
to the Department of Permits and Inspections.So ordered.
Knight Brothers--Preliminary Approval:
The staff report indicated that a variance has been granted under Section 405.ll.B
of the Subdivision Ordinance to permit conveyance of parcels without public road
frontage.There were stipulations at the time to permit access across some of
the proposed lots which have since been renumbered.(Lot 5 now has access across
lot 4,lot 3 now has access across lot 6).The conveyances of the rear lots
(4,5,and 6)are intended for immediate family members.
On a motion by Mr.Wagaman,seconded by Mr.Dwyer,the Commission voted to grant
Preliminary Approval with the stipulation that a note be placed on the final plat
to the effect that the conveyance of Lots 4,5,and 6 are limited to immediate
family members.So ordered.
Western Steak House--Preliminary Approval and Site Plan:
The staff review indicated that the 1.1 acre parcel to be conveyed is proposed for
a restaurant and associated parking area.It was noted that a variance is required
from Section 405.ll.B of the Subdivision Ordinance since the parcel will not have
direct access to a public road.The staff recommended that notes be placed on the
final tracing relative to:(1)the current owner's responsibility for maintenance
of the private access road,and (2)requirement for construction of a water line to
hook up with the proposed 12"water line which is to be constructed in York Road.
On a motion by Mr.Wagaman,seconded by Mr.Dwyer,the Commission voted to grant
a variance to the requirements of Section 405.ll.B of the Subdivision Ordinance.
So ordered.
On a motion by Mr.Herbst,seconded by Mr.Wagaman,the Commission voted to grant
Preliminary subdivision approval and site plan approval with the condition that
the notes referencing maintenance of the access road and requirement for construc-
tion of a water line to provide for hook-up when service becomes available,be
placed prior to final signature.So ordered.
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Wordec Corporation--Site Plan,Initial Review:
The staff report for the Wordec Corporation's preliminary consultation pointed out
that the site is a 97 acre parcel of land in the Cedar Lawn area west of 1-81 in
a Highway Interchange District which is proposed for an office building.The
Zoning Administrator has said that he feels Board of Appeals action would be re-
quired relative to a waiver of the design standards of Section 19.3 of the Zoning
Ordinance.The Planning staff,however,recommends no special design requirements
because of natural buffering and screening between the entire length of the highway
and the site area.
It was the concensus of the Commission that the site plan appears to be adequate
as proposed with nO special requirements for screening imposed.It was agreed to
place the site on the agenda for the Commission's field trip at which time the
site will be investigated prior to taking action that is appropriate in making
a recommendation to the Zoning Administrator.
Mr.Peter L.Cost of Daniel Construction Company,asked if approval of the pro-
posal could be expedited so that permits might be obtained and was informed that no
further action can be taken by the Commission at this time until the plat has been
through the agency approval process.
The Commission set the date and time of the field survey to view the Preston Trucking
site and Wordec Corporation Site for Friday,March 5,at 10:00 A.M.
Mr.Burtner,Director of EDC having arrived during the previous discussion,said
that a decision on the dedicated right of way adjacent to the Preston Trucking site
'would be up to the County Engineer and that the Industrial Foundation would not
have an interest because it is not on the Industrial Foundation's side of the road.
Rock 'N Spring Corporation--Preliminary and Final Approval:
The staff report indicated that the 29.60 acre parcel located behind Valley Mall
was the subject of a rezoning on February 2,1982 for a reclassification from
BG to PB (RZ-235),and was also proposed to be traded to Shopco Corporation who
were denied subdivision approval in the K-Mart area because of inability to get
Health Department approval.Public sewer allocation was granted by the Sanitary
Commission prior to the current sewer moritorium.All other agency approvals
have been received.
There being no further discussion,the Commission voted to grant Preliminary and
Final Approval on a motion by Mr.Zombro and seconded by Mr.Herbst.So ordered.
Whyte Hall--Preliminary Consultation:
A preliminary consultation held on February 11,1982 was reviewed for a 10 lot
subdivision located on White Hall Road.The staff pointed out that minor correc-
tions needed to be made on the plat prior to submittal as a result of comments
by agency representatives during the consultation.This review was presented for
information requiring no action on the part of the Commission.
COMMUNICATIONS:
Request for Extension--Mary E.Churchey (6 months):*Amended 4/5/82 to read:10/6/82
On a motion by Mr.Wagaman,seconded by Mr.Dwyer,the Commission voted to grant
a six month extension of time for consideration of the Churchey plat due to
difficulties encountered in obtaining approval of the Health Department.This
extension of time will expire on August 1,1982.So ordered.
OTHER BUSINESS:
Physioc Subdivision--Status Report:
In response to an inquiry about the status of the Physioc subdivision,Mr.Hawbaker
said that he had contacted Mr.Physioc's attorney a short time ago for an update.
Due to inclement weather,no testing has been done.Mr.Wagaman asked that Mr.
Physioc be contacted to determine his intention in establishing a time-table for
complying with the requirements of the Subdivision Ordinance.
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Parks Plan Review:
Mr.Hawbaker,reporting on the
said that public presentations
the Hagerstown Junior College.
sioners on Tuesday,(March 2),
Commissioners.
status of the Open Space,Parks,and Recreation Plan
have been made at Clear Spring,Sharpsburg,and at
A presentation will be made to the County Commis-
with a public hearing scheduled for March 9 by the
William Stachoviak,Parks Planner,reviewed the plan in detail,explaining that
background studies,policies,and recommendations of the Plan for the County were
incorporated into the Parks Plan.The results of the questionnaire survey were
also incorporated as well as comments received from agencies,organizations,
and individuals during the public meeting process.It was also pointed out that
the plan recommends that it be updated and amended on a three-year basis.
The Commission,having no negative comments,agreed by concensus to endorse the
Comprehensive Parks Plan for presentation to the County Commissioners for their
necessary action in holding public hearing and subsequent adoption.
Urban Growth Area Study Committee Status:
Mr.Dwyer,Chairman of the Urban Growth Area Study Committee,said that the committee
has officially defined the first impression of the Urban Growth Area boundary.A
copy of the map delineating the proposed boundary has been sent to the providers
of services in the area as well as to other interested groups along with a letter
giving background and requesting input.The next meeting will concern some other
objective items--agreements on the method of financing and payment for services,
taxation,and annexation policies.The map will be brought to the next Commission
meeting for information.In connection with this,Jim Witherspoon said that the
'City of Hagerstown Planning Commission is interested in getting problems resolved
as pertains to Londontowne,Section "c"which would come as a result of some
kind of agreement between the City,County,and the Developer,specifically with
the road.A draft method of estimating traffic from that development and what
routes it might take,if there is to be a public/private cost-sharing,has been
prepared by the staff and submitted to the County Engineer for comment.Once
these comments have been received,a meeting of both City and County Planning
staffs will take place and a draft proposal prepared after which it will be
taken to both Planning Commissions.The City has asked for a joint meeting to
be held sometime in April.
FY 1973 Operating Budget:
Mr.Hawbaker,reporting on the 1983 operating budget,said that due to time
limitations he has been unable to schedule the next years'budget requests for
Commission review as has been done in the past.He said that it is proposed to
submit a request for '82-'83 in the amount of $151,000 and asked the Commission's
permission to complete the budget for submission to the County Commissioners
with the Chairman's approval.He also requested approval of an added item which
would be a staff car replacement.By concensus,the Commission approved the bud-
get proposal as outlined by the Executive Director.
Solid Waste Management Study:
Copies of the Solid Waste Management Study which is now in final form and has
had a formal presentation to the County Commissioners were distributed to the
Commission.The Commission commended Catherine Thompson for her fine work on
this study and also to Bill Stachoviak for his excellent work on the Open Space,
Parks,and Recreation Plan.
ADJOURNMENT:
There being no further business,the meeting was adjourned at 9:50 P.M.
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William E.Wolford,hairman
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The regular meeting of the Washington County Planning Commission was held on
Monday,April S,1982 at 7:00 P.M.in the second floor conference room of the
County Office Building.
Present "l/eTe:Chairman William E.Wolford,Jr.;John C.Hel"'bst,Vice-Chairman,
(arriving at 7:30);Michael D.Barnhart;Jack B.Byers;Charles P.Wagaman;and
Donald E.Zombro.Absent:Thomas W.Dwyer.Staff:Executive Director Jack S.
Hawbaker;James B.Witherspoon,Senior Planner;Catherine T.Thompson,Associate
Planner;Stephen T.Goodrich,Assistant Planner;Marion Snyder,Secretary.
Also in attendance were:Zoning Administrator Paul Prodonovich;Terry Bache,
representing the Washington County Homebuilders Association;and homeowners of
the Oak Ridge development area whose spokesman was Harold Eisminger.
The meeting was called to order at 7:10 P.M.
MINUTES:
A correction to the minutes of the meeting of March 1,1982 under Request for
Variance,Mary E.Churchey,to change the expiration date of the extension of
time granted to October 6,1982 to correspond to file data.The minutes of
March 1,1982 were approved and accepted as amended on a motion by Mr.Wagaman,
seconded by Mr.Zombro.So ordered.
NEW BUSINESS:
Request for Variances:
Ethelmary Elliot:
The request is to subdivide a lot of approximately 3 acres from the original
11 acres occupied by a dwelling to create a lot without public road frontage.
It is proposed to sell the 3 acre lot occupied by the present dwelling and construct
a new home to the rear.The plat will also include subdivision of a panhandle
from a parcel to the rear of the proposed 3 acre subdivision so as to provide
access from the rear lot to the private lane.
On a motion by Mr.Wagaman,seconded by Mr.Zombro,the Commission voted to approve
the variance request subject to the acquisition of the 25'wide panhandle to serve
the parcel on which the new dwelling is to be constructed and subject to a letter
in the file stating agreement by the adjoining property owner for conveyance of
the 25'strip of right of way.So ordered.
Roy Shindle:
The request is to create a new access point with less than the SOD'of the required
separation on a minor arterial highway.The parcel,owned by Mr.Zello,is pro-
posed to be conveyed to his daughter and his future son-in-law,Mr.Shindle.
Site investigation indicates the possibility for use of a common access via an
existing driveway on the property.The owner indicated that it would be acceptable
to split the driveway with the property line to provide a common access to both
lots.
On a motion by Mr.Byers,seconded by Mr.Wagaman,the Commission voted to approve
the concept of the subdivision design,provided that the entrance to both lots
be served by a common driveway,precluding the need for a variance based upon the
agreement to utilize the common entrance.So ordered.
James Marcengill:
In June of last year,Mr.Marcengill appeared before the Commission with two
requests:1.To create a lot without public road frontage and 2.To be released
from the requirement that the lot remain in family ownership for a period of five
years.At that time,the request for creation of a lot without road frontage
was granted and he was advised that should the need arise to be released from the
five year restriction,he should come back and make the request.He is now
requesting to be released from the five year restriction on Lot B since he has
found the need to dispose of his property.
On a motion by Mr.Barnhart,seconded by Mr.Zombro,the Commission voted to
relieve the applicant from the five year restriction for sale of Parcel B.So
ordered.
48
Jack J.Leishear:
A request for a variance was heard to create a lot without public road frontage.
The entire parcel owned by Mr.Leishear is subdivided by a Chessie System rail-
road right of way,and it is proposed to convey the parcel north of the right
of way to Mr.Hammond.Also proposed for conveyance is a IS acre parcel on the
south side of the railroad which is accessible by a right of way over the 71 acre
parcel to the north.This IS acre parcel is proposed to be used for conserva-
tion purposes and not for development.
On a motion by Mr.Herbst,seconded by Mr.Wagaman,the Commission voted to waive
the requirements of Section 405.ll.B of the Subdivision Ordinance to permit
conveyance of the parcel for purposes of conservation provided it is not for
development.So ordered.
UNFINISHED BUSINESS:
Duplex Subdivision Discussion:
Mr.Byers withdrew as a Commission member to discuss the duplex subdivision issue
as a private citizen.The issue of the duplex subdivision is before the Commis-
sion for an interpretation of the Zoning Ordinance in this regard.At the
regular meeting in February,the Commission directed the Executive Director to
check with the County Attorney to see whether or not the interpretation or
construction of the law by the Planning Commission would involve the Administra-
tive Procedures Act to require a public hearing when such rUling is made.The
Executive Director reported that he had met with Mr.Stultz on February 4,who
stated that in his opinion the ruling would not require going through the admin-
istrative procedures act but that the Planning Commission should interpret the
law as written.He also said that in his opinion individual ownership within
a two-family dwelling did not constitute a violation of the requirements of the
Zoning Ordinance.The Executive Director then briefly reviewed the staff
rationale for the Commission permitting the SUbdivision of a two-family dwelling.
Other counties have been contacted for their ordinances as pertains to the defi-
nition of a duplex subdivision pursuant to earlier Commission direction.
Mr.Wagaman said that he would disagree with the sraff's and the County Attor-
ney's interpretation of the Zoning Ordinance and that the matter should be
referred to the County Commissioners to determine the appropriate lot size
in order to address the issue.
Mr.Byers took the position that the Zoning Ordinance does provide for two-familY
dwellings and the procedure should be a matter of processing rather than of
zoning and the only decision that has to be made is if a plat is required to
supplement the deed description of ownership and what form that plat should take.
He said that the City accomplishes this with a simplified plat.
Mr.Bache,representing the Homebuilder's Association,commented on the intent
of the Ordinance as it pertains to two-family structures stating that it would
be counter-productive to build a barricade of constant rules to stop people who
don't already own a home from buying a home.
Paul Prodonovich,Zoning Administrator,said that even though the Zoning Ordinance
does spell out the required number of feet per family,his concern was that by
his definition of a lot the ordinance does not spell out open space requirements
and because of differences of opinion,clarification of the ordinance was needed.
Harold Eisminger,representing persons from the Oak Ridge area,expressed concern
that the intent of the builders was misrepresented at the time some of the present
owners had purchased their property and that the question of duplex subdivisions
should have the benefit of the text amendment procedure.
In responding to Mr.Eisminger's comments,Mr.Byers said that it was not the intent
to deceive anyone but because of the economic situation and increase in interest
rates,the question must now be addressed.
Mr.Herbst said that having been a Commission member when the ordinance was written
he could say without reservation that it was never the intent to deny the two-unit
dwelling in the ordinance whether to be rented or to be sold.
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Duplex Subdivision Discussion,cont'd:
The Chairman instructed the Commission to take action on the question before them
which is the interpretation of the ordinance,saying the request is whether the
subdivision of duplex units can take place in this zoning district (RS).
Mr.Wagaman made a motion that the Planning Commission resolve that a two-family
dwelling unit in an RS district must be located on one zoning lot and that lot
may not be subdivided to create two separate lots or separate family units.
The motion was seconded by Mr.Zombro.Motion carried with Mr.Barnhart voting
"Aye"and Mr.Herbst voting "No".
Mr.Wagaman also moved that the entire matter be referred to the County Commis-
sioners for their input as to whether or not they feel an amendment to the
Zoning Ordinance might be appropriate,referring it back to the Planning Commission
if it is ruled that an amendment is necessary.Seconded by Mr.Zombro and passed.
Mr.Hawbaker,asking for clarification,inquired if the staff,recognlzlng that
there might be a deficiency in the ordinance,should withhold any recommendations
until the County Commissioners have responded to the question.
Mr.Wolford said that the staff should proceed with the recommendation for amend-
ment to the Ordinance for the information of the County Commissioners who may
require this input in making a decision.A request will be made to be placed on
the Commissioner's meeting agenda to present the issue with the suggestion that
the Commissioner's address it.If an amendment to the Zoning Ordinance is deemed
necessary,the public hearing process will be fOllowed.
Massih Proposed Subdivision:
The Massih concept plan which was being held in abeyance pending a decision by
the County Commissioners as pertains to improvements to Gilardi Road was brought
to the attention of the Commission for their consideration and action.By letter
from the County Administrator dated March 29,1982,the County Commissioners
have agreed to stabilization of the roadway for a distance of approximately 1,200
feet,including approximately 800 feet of the applicant's property contingent upon
his payment in advance of one-half of the cost.The concept plan which has been
submitted is proposed for the development of seven residential lots,some of
which are to be served by a cul-de-sac from Gilardi Road.Mr.Massih was advised
that the Subdivision Ordinance limited the length of cul-de-sacs to 600'which
will have to be addressed at the time of plat submission.
Noting that the County Engineer considers the grade to be adequate for the local
road classification,the Commission voted,on a motion by Mr.Herbst,seconded
by Mr.Byers,to approve the concept plan of the seven lots as proposed,provided
the subdivision process is followed at such time the plat is presented.So ordered.
NEW BUS INESS :
Site Plans:
H.B.Mellott Quarry at Hancock:
Under consideration was the H.B.Mellott application for expansion of an existing
quarry operation northwest of Hancock.The staff report indicated concern relative
to performance standards having to do with emissions and the effect of blasting on
adjacent properties.In response to these concerns,the geologist's report
indicated that wet dust suppression will be used to control dust and that blasting
operations will be recorded and monitored and pre-operation inspections will be
made of adjacent.homes.Upon site inspection the staff found that no purpose
would be served by screening of the quarry operation because of the elevation and
location of the site.It was also noted that an air quality permit has been
approved.
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission voted to approve
the site plan application for expansion of the present quarry operation.So
ordered.
50
Washington County National Bank Site Plan:
The staff report for the Oak Ridge Branch of the Washington County National Bank
located on the Downsville Pike at West Oak Ridge Drive indicated that all items
requested by the staff to comply with the Subdivision Ordinance have been satis-
fied with the exception of the following items:1.Adjustment of the parking
area to allow for a 10'utilities easement;and 2.Clarification of the intent
of the Water Department to approve hook-up to the line to be constructed to
provide public water service.It is porposed to utilize a 2"water line On site
as a temporary measure.
On a motion by Mr.Herbst,seconded by Mr.Zombro,the Commission voted to
grant approval of the site plan on the condition that the matter of water
service is worked out with the City of Hagerstown.It was requested that the
City of Hagerstown Water Department be contacted relative to the intent of
the Water Department in this regard.Meanwhile,it is the Commission's inter-
pretation that the 2"water line to be used is a temporary measure and that appli-
cation to the Water Department for service will be made at such time that the
public water line is constructed.So ordered.
Wordec Corporation Site Plan:
The site plat which was the subject of discussion at the Commission meeting on
March 1 and deferred pending site visit relative to screening requirements,
was reviewed by the staff who have taken the position that the existing natural
vegative cover is adequate to screen the proposed building and parking lot.
Also,the Water Resources Administration has approved construction of the
.force main in the flood plain area.Still to be received are Health Depart-
ment approval,State Highway Administration approval for use of a box culvert
for construction of the force main,and entrance permit by the County Engineer.
Also discussed was the necessity of Board of Appeals action relative to
screening requirements of the Zoning Ordinance.
On a motion by Mr.Herbst,seconded by Mr.Wagaman,the Commission voted to
grant approval of the site plan subject to all agency approvals being received
and the technical information listed by the staff being added to the plat.
So ordered.
On a motion by Mr.Wagaman,seconded by Mr.Byers,the Commission concurred
with the staff in that the existing vegetative cover on site is adequate
provided it is retained and maintained in its present state.So ordered.
Farmview Estates,Preliminary and Final Approval:
The staff reported that all agency approvals for the four-lot residential subdi-
vision located on Neck Road have been received and pointed out two items that
need to be shown on the final plat.L.Driveway locations;and 2.Building
setback lines 50'from the front property lines shown for lots 2 and 3.
On a motion by Mr.Wagaman,seconded by Mr.Byers,the Commission voted to
grant preliminary and final approval on the basis of addition to the plat of
the above items I and 2.So ordered.
H.D.Gossard,Preliminart and Final Approval and Site Plan Approval:
Staff review pointed out that the subject property,located in the Industrial
Park,is proposed for office use and st.orage of equipment.Public water and
sewer is available on site and all pertinent agency approvals have been re-
ceived.A Board of Appeals variance has been granted as pertains to setback
requirements.
On a motion by Mr.Wagaman,seconded by Mr.Byers,preliminary and final subdi-
vision approval was granted.So ordered.
On a motion by Mr.Wagaman,seconded by Mr.Byers,the Commission voted to
grant approval of the site plan.So ordered.
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Blueberry Heights -Preliminary Approval:
The staff report indicated that three of the lots in the proposed twenty-seven
lot subdivision are intended to be used to house retarded citizens who are now
being housed in the existing home on Lot 10.Preliminary approval has been
granted by all approving agencies;however,although the Health Department has
granted preliminary approval,the Town of Smithsburg has not granted approval
of the application for water service until the water line nOw under construction
is substantially completed.(Letter dated March 18,1982).The City of Hagers-
town has voiced concerns because it is in the Smithsburg watershed area (Letter
dated March 1,1982).The Board of Education has expressed concerns (by letter
dated June 9,1981)but have indicated that these concerns may be able to be
resolved.Note #8 on the plat has been added relative to use of Lot 10 in
accordance with the requirements of the Zoning Ordinance for the Agricultural
District.Also required is a note on the record plat in regard to the 10'
drainage easements remaining open.
On a motion by Mr.Zombro,seconded by Mr.Herbst,the Commission voted to grant
Preliminary subdivision approval subject to all the conditions that have been
previously discussed with the consultant and the Commission being satisfied.So
ordered.
Confederate Hills,Sections C,D,and E -Name Change:
A request has been received for a name change from the original name of Confeder-
ate Hills,Sections C,D,and E to Battlefield Knolls,Sections A,B,and C.
There was a discussion of this subject at the last Commission meeting for Sections
E,F,and G.The request for a name change has been sent to Fire and Rescue
Communications who have no objections,and the staff pointed out that the plat
references the name of the subdivision under which it received approval.No
street names,change of street locations or lot sizes are indicated.
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission concurred with
the name change for Confederate Hills,Sections C,D,and E to Battlefield Knolls,
Sections A,B,and C.So ordered.
Remaining Agenda Items:
Because of the lateness of the hour,the Commission agreed to consider the remaining
agenda items at a special meeting to be held on Monday,April 12.
ADJOURNMENT:
The meeting was adjourned at 11:00 P.M.
I·
Chairman
A special meeting of the Washington County Planning Commission was held on Monday,
April 12,1982 at 2:00 P.M.in the second floor conference room of the County
Office Building.The purpose of the meeting was to continue consideration of
items that were deferred from the last regular meeting on AprilS,because of
time limitations.
Present were:Chairman William E.Wolford,Jr.;John C.Herbst,Vice-Chairman;
Jack B.Byers;Michael D.Barnhart.Not present:Thomas W.Dwyer;Charles F.
Wagaman;and Donald E.Zombro.Staff present:Executive Director Jack S.Hawbaker;
Senior Planner James B.Witherspoon;Associate Planner,Catherine T.Thompson;
Assistant Planner Stephen T.Goodrich;Zoning Administrator Paul Prodonovich;and
Marion Snyder,Secretary.
The meeting was called to order at 2:10 P.M.
52
COMMUNICATIONS:
Letters from Miss Helen Arnold and Richard Grumbacher:
For the information of the Commission,a letter was noted from Miss Helen Arnold
relative to the duplex subdivision discussion of the previous meeting and a
letter from Richard Grumbacher,Chairman of the Hagerstown Planning Commission
as pertains to a joint meeting of the City and County Planning Commissions
scheduled for April 14,1982 at 7:00 P.M.to discuss the Londontowne development
and the Growth Area Study Committee progress.
UNFINISHED BUSINESS:
Industrial Park Landscaping Requirements:
The Executive Director said that he had asked Paul Prodonovich to do some research
on site plans that have been approved that are situated in the Industrial Park
and for which landscaping requirements have been deferred to the regulations of
the Industrial Foundation.
It has been found that some of the sites on Governor Lane Boulevard have never
provided for landscaping or screening.The Foundation specifically requires by
their covenants that landscaping specifications be supplied along with the site
plan but since landscaping has apparently not been enforced the Commission
needs to discuss what can be done to provide the required landscaping for the
area.The Zoning Administrator cited two examples of violations in the Indus-
trial Park where the covenants of the Foundation were not followed up.The
question of the right-of-way owned by the County also arose and was discussed as
to'the provision of landscaping and maintanance.The County Engineer has pre-
cluded the need for a second lane to Governor Lane Boulevard for which the
right-of-way was reserved.
Following this discussion,the Commission agreed to forward a letter from the
Planning Commission Chairman to the Chairman of the Industrial Foundation asking
to be placed on their meeting agenda to discuss the enforcement of their covenants.
It was also agreed to approach the County Commissioners in regard to the right-
of-way along Governor Lane Boulevard with the recommendation that the right-of-
way be deeded to businesses within the Industrial Park based upon an agreement
for them to maintain it or to grant an easement in order for the businesses to
have use of the right-of-way.It was agreed to ask the County Engineer to
support the Commission's position in this matter.
NEW BUSINESS:
Detlev Preissler -Preliminary and Final Subdivision Approval:
The staff reported a conflict with the proposed subdivision in that while the Town
of Smithsburg has granted approval to the previously approved Lot 4 prior to the
moritorium for water service,the Health Department has granted approval to the
reconfiguration of Lot 4 and other lands with the stipulation that building permits
will not be issued until construction of the new water line by the Town of Smiths-
burg in the Cave Hill area.
The Commission voted,on a motion by Mr.Byers,seconded by Mr.Barnhart,to grant
Preliminary and Final Approval subject td the plat meeting the Health Department's
conditions that the water line construction be completed before permits are issued.
So ordered.
OTHER BUSINESS:
Potomac Edison Transmission Line:
Mr.Wolford stepped down as Chairman for this item of discussion and turned the
meeting over to Vice-Chairman John Herbst.
The Executive Director brought to the attention of the Commission,an application
submitted by the Potomac Edison Company for a 138 KV Transmission Line in the
eastern section of the County near Smithsburg.The application has been reviewed
at the staff level and with members of the staff of the Allegheny Power System.
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The staff review has determined that the application is not inconsistent with
plans and policies of the County at the local level.A public hearing is
scheduled for June 17,in accordance with the requirements of the Public
Service Commission.
On a motion by Mr.Barnhart,seconded by Mr.Byers,the Planning Commission
voted to concur with staff findings that the proposed location of the 138 KV
Transmission Line is not inconsistent with the plans and policies of the
County.The motion carried with Mr.Wolford voting "Present".
Londontowne Area Road Improvements:
The staff reported that they have consulted with the City of Hagerstown Planning
Commission at the staff level as pertains to Londontowne area road improve-
ments.A memorandum from Lames Libertini,dated March 31,summarizing points
of discussion was distributed as a basis of discussion by the Commission for
establishing alternative proposals to the City Planning Commission at the
meeting to be held jointly by the twa Commissions on April 14.The Commission
agreed to present the following as their position in regard to alternate
proposals for the Londontowne area improvements to be worked out between the
City,County,and the developer.
1.Development of the access road along the boundary of the County
park without right-of-way dedication to the City.
2.The developer improving a portion of Landis Road along the frontage
of Londontowne,Section A;and improvements to the remainder of
Landis Road and Day Road to the Dual Highway placed in the C.I.P.
3.Agreement between the developer and the County for upgrading of
the remainder of Landis Road to allow for development of Section
C of Londontowne.
Jim Witherspoon said that the staff is meeting with the City staff on April
13 and it is hoped that an agreeable solution can be worked out to present to
the joint Commission at Wednesday night's meeting,April 14,at 7:00 P.M.
in City Hall.
Urban Growth Area Status:
A map depicting the tentative Urban Growth Area boundary was displayed for the
information of the Commission.Individual copies will be made available to
the Commission in the near future.Jim Witherspoon explained that the boundary
map has been distributed to service providers and community organizations for
their comment.
Physioc Subdivision:
The Executive Director said that through research on another plat a commentary
was found in the ordinance which was in effect prior to October 1973 which
exempted property owners from submitting a plat for conveyances to immediate
family members and that the Physioc's initial 1.35 acre parcel conveyed in
April,1973 fell under this clause.The conveyances can be transferred
under the simplified plat process.By concensus,the Commission directed
that Mr.Physioc be notified that the simplified plat process is acceptable
for submittal of a plat for processing and approval.
Planning Workshop:
The Executive Director reported to the Commission that a memorandum has been
received from Arnold Kronstadt,Chairman of the State Planning Commission,
in reference to a Western Maryland Planning Workshop which is to be held on
May 27th.A Steering Committee has met to complete arrangements for the work-
shop the topic of which will be to discuss the role of planning commission
members in relation to elected officials and other agencies.The Commission
indicated their interest in participating.
Adjournment:
There being no further business to consider,the meeting was adjourned at 4:10 P.M.
;"J'l/.'OJ I[_Ii
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William E.Wolford,r'Jr/,Chairman
54
The regular meeting of the Washington County Planning Commission was held on
Monday,May 3,1982 at 7:00 P.M.in the second floor conference room of the
County Office Building.
The meeting was called to order at 7:05 P.M.with the following members and
staff in attendance:Chairman William E.Wolford,Jr.,Vice-Chairman John C.
Herbst;Michael D.Barnhart;Jack B.Byers;Thomas W.Dwyer;and Donald E.
Zombro.Absent:Charles F.Wagaman,Jr.Staff:Executive Director Jack S.
Hawbm(er;Catherine T.Thompson,Associate Planner;Stephen T.Goodrich,As-
sistant Planner;Parks Planner William V.Stachoviak;and Marion Snyder,
Secretary.
MINUTES:
The minutes of the regular meeting of April 5,1982 were approved as presented
on a motion by Mr.Zombro,seconded by Mr.Byers.So ordered.
On a motion by Mr.Byers,seconded by Mr.Barnhart,the minutes of the special
meeting of April 12,1982 were approved as written.So ordered.
UNFINISHED BUSINESS:
Industrial Park -Landscaping Requirements:
The Executive Director reported that as a result of the direction and action
taken by the Commission at the special meeting on April 12,he and Mr.Wolford
had attended a luncheon meeting of the Hagerstown/Washington County Industrial
Foundation to discuss enforcement of the Foundation's covenants as pertains to
landscaping requirements for industries which locate in the Industrial Park.
Mr.Hawbaker said that a specific list will be compiled of those sites that
have not complied with these requirements,some of which were deferred to the
requirements of the Foundation by the Commission.A meeting will also be held
with the County Engineer to explore the additional right-of-way that was set
aside for Governor Lane Boulevard.The Industrial Foundation indicated that
they were supportive of the Commission's efforts in this regard,and with the
support of the County Engineer it is hoped that recommendations can be made
to the County Commissioners for relinquishment of the right-of-way to the
site owners as an inducement to improve the present landscaping conditions.
It was also suggested that the Foundation be included in the site review pro-
cess to see that what is being proposed complies with their covenants.
Exploration of the matter will continue resulting in a recommendation in the
near future.
NEW BUSINESS:
Requests for Variances:
Linda J.Green:
The variance request under consideration is for creation of a lot without public
road frontage as required by Section 405.ll.B of the Subdivision Ordinance.The
staff report indicated that the parcel proposed for conveyance is a portion of
a previously approved subdivision for Arthur W.Hicks,located on the south side
of U.S.Rt.40,shown as lot 1 on the plat which was approved on May 2,1979.
Access is proposed via a driveway to the remaining land of lot 1 which was the
subject of a variance granted on January 8,1979 to create a dual access.
On a motion by Mr.Byers,seconded by Mr.Herbst,the Commission voted to
grant approval of the variance as requested with the stipulation that a note
be placed on the record plat to the effect that the County will not assume
responsibility for building or maintainence of the access road.So ordered.
Richard Grimm and Bonnard Morgan:
Mr.Melvin O.Gladhill appeared before the Commission as agent for Mr.Grimm
and Mr.Morgan to request a variance to the requirements of Section 405.ll.B
of the Subdivision Ordinance to create a lot without public road frontage.
The subdivision is proposed to combine part of the lands of Mr.Grimm and Mr.
Morgan to create one building lot.Assces is to be provided for via a private
right-of-way over the lands of Mr.Morgan.The consultant has indicated that
a 25'fee simple access from Burnside Bridge Road is infeasible due to topo-
graphy and configuration of the land.
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Richard Grimm and Bonnard Morgan,cont'd:
On a motion by Mr.Barnhart,seconded by Mr.Zombro,the Commission voted to
grant the request for a variance as proposed with the stipulation that the
record plat contain a statement to the effect that the County will not be
responsible for building and maintenance of the access road.So ordered.
Greenspring Hills:
The request under consideration is for a variance to the requirements of Section
405.5 of the Subdivision Ordinance to permit a cul-de-sac in Section IV of
Greenspring Hills which exceeds the six-hundred feet in length requirement from
the nearest intercepting street.It is proposed to provide a double-T turn
around at the common property line of lots 14 and 15 within the County street
right-of-way.The Fire Marshal and the Chief of the Clear Spring Fire Depart-
ment have reviewed the plat and have stated no objections to the T-turn as
shown.
On a motion by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to grant
the variance to permit construction of the cul-de-sac utilizing the paved
turn-around as proposed because of topography and configuration of the land.
So ordered.
Preliminary Consultations:
John S.Shank:
ror information of the Commission a preliminary consultation which was held
on March 24 for the John S.Shank concept plat of lots located along Alternate
Route 40,south of Funkstown,was reviewed.As a result of comments of the
County Engineer and concurrence by the Fire and Rescue Communications agency,
the concept plan has since been revised to show one access point from Alt.
Rt.40.No major problems,other than engineering design and lot areas,have
been indicated by reviewing agencies.The Commission briefly discussed the
relationship of the development,which lies on the perimeter of the tentative
Growth Area boundary line,to the policies for the Growth Area and Rural
Agricultural policies.No action was taken.
Oak Tree Estates:
A preliminary consultation which was held on March 24 for review of a concept
plan for the Oak Tree Estates subdivision was discussed for informational
purposes.The parcel,consisting of 7.92 acres in an RS zoning district,is
proposed for subdivision of 20 lots.The staff reviewed comments from the
County Engineering Department having to do with design criteria and stormwater
management,comments from the City Water Department relative to water and sewer
lines,and requirements for issuance of permits by the Zoning Administrator.
The staff commented that a possible out-conveyance to the north of lot 2
must be made by the simplified plat process either preceding or concurrently
with the approval of the final development plat.No action was taken.
Agricultural District Application:
Upon review of an application which was submitted to establish an Agricultural
District for John S.and Beth A.Shank (AG-82-1)the Commission voted,on a
motion by Mr.Herbst and seconded by Mr.Dwyer,to forward to the County Commis-
sioners a recommendation for approval based upon there being no conflict with
any of the plans or policies of the County.So ordered.
NEW BUS INESS:
Londontowne Area Road Improvements:
For the information of the Commission,a status report was given by way of
correspondence from the County Engineer dated April 15,1982 relative to the
development process for the Londontowne area road improvements.Also,copies
of alternative alignments for construction of a road across the Ditto Farms
Park property which were sent to Ray E.Johnson,Department of Natural Resources
for his comments were distributed and discussed.
55
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Proposed Text Amendment:
By concensus,the Commission agreed to proceed with advertisement of a proposed
text amendment to the Zoning Ordinance (RZ-239),which would correct a discrep-
ancy to the Ordinance relative to the ratio for parking spaces for townehouses.
(Section 22.6l(i).
Park Design Status:
Parks Planner William Stachoviak presented for the information of the Commission
the final concept plan for the Clear Spring County Park and the preliminary
concept plan for the South County Park,indicating that the Parks Board has
concurred with the designs.The next step in the process for the South County
Park will be to present the concept design for the park to the citizens of
the southern county area for their input.
Farmview Estates Review:
The Executive Director brought to the attention of the Commission a situation
that has arisen with the plat that recently recieved final approval On April
12,in that questions have been raised in regard to the legal ownership of
a portion of Dellinger Road which serves the subdivision.A check with the
Engineering Department shows that the County right-of-way ends prior to the
start of the property owned by Jane F.Ross.The Commission directed that the
Executive Director check with the County Administrator to see if the legal
status of Dellinger Road which serves the Farmview Estates Subdivision may be
checked through the County Attorney.
Annual Election of Officers -June Meeting:
The Executive Director reminded the Commission of the Annual Election of Officers
that will be coming up in June.
MEETINGS:
The next regular meeting of the Commission will be held On June 7,1982.A
rezoning public hearing is scheduled for June 14.
ADJOURNMENT:
The meeting was adjourned at 9:05 P.M.
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William E.
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Wolfordl J~/.,Chairman
The regular meeting of the Washington County Planning Commission was held on Monday,
June 7,1982 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 7:35);Michael D.Barnhart;Jack B.Byers;and Thomas W.Dwyer.
Not present:Charles F.Wagaman and Donald E.Zombro.Staff in attendance:
Jack S.Hawbaker,Executive Director;James B.Witherspoon,Senior Planner;
Catherine T.Thompson,Associate Planner;Stephen T.Goodrich,Assistant Plan-
ner;Marion L.Snyder,Secretary,and Paul Prodonovich,Zoning Administrator.
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
The minutes of the regular Commission meeting of May 3,1982 were approved and
accepted as written On a motion by Mr.Dwyer,seconded by Mr.Byers.So ordered.
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NEW BUSINESS:
Reguests for Variances Under Section 107:
Robert Demmitt:
A request was heard by Robert W.Demmitt for a variance to the requirements of
Section 405.ll.B of the Subdivision Ordinance to create a low without the
required 25'of public road frontage.The applicant proposes to create Parcel A
located on the north side of Kemps Mill Road east of the Conococheague Creek,
which would have access over an existing private lane situated adjacent to the
entire property.Remaining lands are proposed to have access over a 25'panhandle to
Kemps Mill Road.The existing lane was the subject of a previous variance request
which was considered and granted on December 1,1980.
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to grant
the variance request with the stipulation that the standard statement in regard
to absolving the County from acceptance or maintenance of the private road be
placed on the plat for recordation.So ordered.
Subdivisions:
Claude Crawford -Preliminary and Final:
A request was heard in which it is proposed to subdivide a parcel of land for
agricultural purposes.The application was brought before the Commission because
of its apparent potential for development.The proposed subdivision would permit
transfer of parcel A from remaining lands of an approved subdivision situated in
Fairview Acres.Since Md.Rt.494 is classified as a Major Collector highway,
the proposed division would not leave enough road frontage to provide two new
access points and still maintain the required separation between Myers to Parcel
A,Parcel A to remaining lands,and remaining lands to Karen Way.
It was the consensus of the Commission that the application be approved with the
stipulation that the applicant be notified that the subdivision is for agriculture
purposes only and not for development and that he also be informed of the 300'
distance requirements between points of access.So ordered.
Collingwood Estates -Preliminary and Final:
The staff report having indicated that all agency approvals have been received
and that the proposed subdivision conforms to ordinance requirements,the Commis-
sion voted,on a motion by Mr.Dwyer,seconded by Mr.Byers,to grant preliminary
and final approval to the plat file application.So ordered.
OTHER BUSINESS:
Daniel Moler -Driveway Onto Route 66:
Mr.Daniel B.Moler appeared before the Commission to request a direct access from
his property onto Md.Rt.66 which would not conform to present distance require-
ments.At present,access is provided via a common entrance which was utilized
at the time of subdivision approval in 1974.The Chairman informed Mr.Moler
that the approval granted by the Commission in 1974 carried with it the right to
individual lot access onto Md.Rt.66 and that the procedure would be to apply for
an entrance permit from the State Highway Administration.Mr.Moler was also
advised to check with the Health Department in regard to its requirements pertaining
to the location of the new driveway to ensure that it does not infringe upon
the septic reserve area.No action necessary.
Site Plan -McDonald's Restaurant:--
For information and discussion,the staff presented a preliminary site plan for a
McDonald's Restaurant proposed to be located within a Highway Interstate District
in the vicinity of the Sharpsburg Pike (Route 65)and the 1-70 ramp.A request for
variances has been made by the applicant to the Board of Appeals under Article 19
of the Zoning Ordinance as pertains to height restrictions and location of signs,
and reduction of the required side yard restrictions due to buffering requirements.
Following discussion of staff recommendations with Mr.Brock Boyett,Construction
Engineer for the McDonald Corporation,the Commission agreed with staff recommenda-
tions that no special requirements be imposed on placement of the sign proposed
58
Site Plan -McDonald's Restaurant,cont'd:
for the northeast corner of the Long property,that signs located on the prem-
ises in front of the business should not exceed height restrictions provided
by the Ordinance,and that a buffer of conifers or other suitable vegetative
screening should be provided along the south property line because of the
adjacent residential property.In this last regard,the Commission,by con-
sensus,agreed that a waiver of the 10'area for screening would be acceptable.
The Commission instructed the Executive Director to forward a letter to Mr.
Boyett,with a copy to the Board of Zoning Appeals,conveying the Commission's
opinion on the request for variances on this site.So ordered.
UNFINISHED BUSINESS:
In~ustrial Park Landscape Requirements:
The Executive Director reported that a meeting has been held with the County
Engineer who has provided some technical data on the County right-of-way on
Governor Lane Boulevard.The staff is now working on that information and a
report is expected to be completed by the next Commission meeting.
Londontowne Area Road Improvemen~s:
Reporting on the status of the Londontowne Area Road Improvements,Jim Witherspoon
said that as a result of the last joint meeting with the Hagerstown Planning staff,
additional information was requested of the Department of Natural Resources,%,s
to what it would require for crossing Ditto Farms Park.Estimates of costs
'from the County Engineer for improvements to Landis Road and to the road that
would traverse the park were also requested.Cost estimates have been received
and the State has responded relative to the proposed road alignments and has
provided information on Program Open Space conversion procedures.The State
has taken the position that conversion of POS funded land should be avoided by
obtaining a private parcel of land to construct the road if possible.Following
discussion of the alternatives as outlined,the Commission agreed that Alterna-
tives one and two were more desirable and should be pursued.It was pointed
out that the County would need to know what assurances are needed that there
would be a second access before Londontowne,Section C can be approved.By
consensus,the Commission agreed that a meeting should be held between the two
planning staffs and the developer to see what items can be agreed upon prior
to making a specific recommendation.
OTHER BUSINESS:
Agricultural District -John Sh~nk:
For the information of the Commission,the Executive Director reported that the
application for an Agricultural District for John Shank which was previously
considered by the Commission,has been withdrawn at the applicant's request.
Planning Commission Workshop Reporz:
The Executive Director reported that the workshop held by the State Planning Com-
mission relative to the role of the Planning Commission in the community was
highly productive and successful with representation from three western counties
and a number of small towns in the area.Another workshop is planned for
September.
Boat Docks on Potomac River:
The Zoning Administrator informed the Commission that since 1976,the Depart-
ment of Permits and Inspections has not been able to patrol the river because of
lack of a boat.The Zoning Ordinance requires that all new dock placements
be permitted only after public hearing has been held by the Board of Zoning
Appeals for a special exception use.Mr.Prodonovich indicated that an annual
survey of the river should be sufficient to maintain a check on new dock place-
ments.Several suggestions were made including possible rental of a boat for
purposes of annual inspection and contacting the Park Service to see if they
could work with the Zoning Administrator to see if some federal monies might be
available to aid in enforcement of the Ordinance.It was the consensus of
the Commission that the Zoning Administrator is to contact the National Park
Service to check on the availability of a boat for conducting a dock survey;if
that approach is not successful,the matter is then to be taken to the County
Commissioners.
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NEW BUS INESS :
Request for Variance:
Chester Ernst:
Mr.Ernst appeared before the Commission requesting a variance to Section 405.ll.B
of the Subdivision Ordinance to permit creation of a lot without the required
25'of public road frontage.The hardship as stated was the necessity to
build a new bridge across the Little Conococheague Creek if another point of
access or fee simple ownership to the road is required,and because topographic
conditions and sight distance make a new entrance infeasible.The existing
land serves three dwellings from Blairs Valley Road to the parcel in question
and the status of ownership of this existing lane is questioned by adjacent
property owners.Charles Ernst,to whom the lot is proposed to be conveyed,
said that he is willing to maintain the lane which serves the property whether
the other owners who use the lane contribute or not.
On a motion by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to
grant the variance to allow the conveyance subject to the standard statement
relative to absolving the County from responsibility of accepting or maintaining
the existing drive which will be designated as a common right-of-way for use
of the existing property owners which it now serves.So ordered.
Urban Growth Area:
The Executive Director,reporting on the status of the Urban Growth Area Study
Committee,said that the next meeting will be held on June 24 to further pursue
the implementation of the Comprehensive Plan in the Zoning Ordinance.Mr.Dwyer
suggested that the rest of the Commission may be interested in obtaining copies
of the Study Committee's minutes to keep them up-to-date and informed of the
Committee's progress.Copies of the Committee's minutes will be mailed with the
Commission agenda.
Physioc Subdivision:
The Executive Director,reporting on the status of the Physioc Subdivision,
stated that a plat has not been submitted to date in compliance with the request
of the staff to submit a simplified plat to the Commission office by June 2.
It was recommended that the matter be referred to the County Commissioners for
legal action.
On a motion by Mr.Dwyer,seconded by Mr.Byers,the Commission voted to forward
the matter by letter from the Commission Chairman to the County Attorney through
the County Commissioners with the recommendation that it be prosecuted to bring
it into conformance with the requirements of the Ordinance.So ordered.
Election of Officers:
The Chairman opened the floor for nominations for the offices of Chairman and
Vice Chairman of the Planning Commission for the next term.Mr.Herbst said
that he will not be a candidate for nomination.
Mr.Herbst'nominated Mr.Wolford for the office of Chairman.The motion was
seconded by Mr.Dwyer who moved that the nominations for Chairman be closed.
So ordered.
Mr.Dwyer nominated Mr.Byers for the office of Vice Chairman.The motion was
seconded by Mr.Herbst who moved that nominations be closed.Those so nominated
for office and indicating a willingness to serve,the election of officers was
closed.
Rezoning Hearing:
The Executive Director reminded the Commission of the rezoning hearing which
is scheduled for Monday,June 14.
ADJOURNMENT:
There being no further business to consider,the meeting was adjourned at 9:45 P.M.
.\'!'1:~.}(/\),et ,/"{'1Jt./,Ji"""-'I 1.,1.'j'!i
William E.Wolford,',.Chairman
60
The regular meeting of the Washington County Planning Commission was held on Monday,
July 12,1982 at 7:00 P.M.in the second floor conference room of the County Office
Building.
The Chairman called the meeting to order at 7:00 P.M.with the following members
and staff in attendance:Chairman,William E.Wolford,Jr.;Vice-Chairman Jack B.
Byers;Michael D.Barnhart;Thomas W.Dwyer;and John C.Herbst (arriving at 8:50).
Nor present:Charles F.Wagaman,Jr.arid Donald E.Zombro.Staff:Executive Director
Jack S.Hawbaker;Senior Planner James B.Witherspoon;Stephen T.Goodrich,
Assistant Planner;and Marion Snyder,Secretary.
MINUTES:
On a motion by Mr.Dwyer,seconded by Mr.Byers,the Commission voted to approve
and adopt the Minutes of the regular meeting of June 7,1982 as written.So ordered.
ADDITION TO AGENDA:
By consensus,the Commission agreed to add under Other Business,the II-Point
Concerns of Local Surveyors Request.
NEW BUSINESS:
John N.Newcomer:
A request was heard for consideration of a variance for John N.Newcomer to create
a parcel of land consisting of 1.13 acres for conveyance to his grandson which does
not have the required 25'of public road frontage.The proposed lot fronts a
portion of an unnamed public right-of-way which has not been constructed nor main-
tained which runs between Charles Mill Road and Newcomer Road north of Smithsburg.
On a motion by Mr.Dwyer,seconded by Mr.Byers,the Commission voted to grant the
variance as specified in Section 107 of the Subdivision Ordinance with the stipu-
lation that the County would not be required to construct or maintain the right-of-
way from Newcomer Road to the subdivided lot.So ordered.
Frank E.Semler:
A request was heard by Frank E.Semler,Jr.,to create lots with less that the
500'separation between access points on a Minor Arterial Highway (west side of
Md.Rt.66).The staff report pointed out that the first submittal of Lot #1
proposed an entrance point at the southwest corner from Md.Rt.66.The subject
of the variance request which was received by the staff was to subdivide remaining
lands for a total of three lots served by two access points.During discussion
with the Commission,the applicant indicated that it was his desire to subdivide
the lot shown as lot #3 further,thereby creating lot #4 which would have access
via Semler Lane,a private right-of-way situated on adj oining property owned by
his brother.The staff report recommended that the applicant's request for the
three lot subdivision with access locations as proposed on the drawing prepared
by the staff be disapproved because no hardship could be found.The Executive
Director referenced Section 504.2.A of the Subdivision Ordinance as pertains to
distance requirements specified by the Highway Plan.
The Commission suggested that Mr.Semler withdraw the variance request as presented
and instead seek approval of three lots utilizing a dual access between Lots 1 and
2 and a third access from the existing Semler Lane for proposed lot #3 which would
then preclude the necessity for granting of a variance provided the plat meets all
agency requirements.The Commission granted permission,on a motion by Mr.Byers,
seconded by Mr.Dwyer,to allow a dual access to be utilized between lots 1 and 2
with lot 3 being served by Semler Lane stipUlating that a maximum of three lots
would be allowed.So ordered.
Richard Cushwa:
Mr.Cushwa appeared before the Commission to request a variance as pertains to the
dedicati.on of right-of-way clause.He proposes to dedicate approximately 19'from
the centerline of Spickler rather than the required 25'based on previous conver-
sations with the County Engineer which indicate that if the road were to be
widened,it would be done on the west side of the road to remove the curvature at
this location.The staff has recommended disapproval based upon there being no
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hardship to the proposed subdivision of lot #1.Mr.Cushwa indicated that if the
road were to be straightened on the east<side,the removal of a stone fence situated
on an adjoining property of historical significance would be necessary and also
interfere with an existing barn on the adjacent property to the north.He stated
that he would be willing to dedicate the necessary right-of"way for realignment of
Spickler Road from the land on the west side which is a portion of the Cushwa farm.
The Commission voted,on a motion by Mr.Byers,seconded by Mr.Barnhart,to grant
the variance request subject to the file containing a platted right-of-way agree-
ment to the satisfaction of the County Engineer.So ordered.
Subdivisions:
Oak Tree Estates -Preliminary:
The staff report indicated that Oak Tree Estates is a subdivision of approximately
8 acres located on Doub Road.The parcel was rezoned from P to RS which was
recently appealed in Circuit Court and the rezoning upheld.It is proposed for the
development of 20 lots for a total of 24 units.The additional four units are the
proposed duplex structures originally planned for lots 13,15, 19,and 20,but which
are permitted on any lot of 12,500 square feet.As part of the rezaning classification
the developer has agreed to make improvements to Doub Road which the developer has
shown along the frontage of the property on the west side to provide an 8'stabilized
shoulder.The staff pointed out some outstanding items to be resolved prior to final
plat approval:1.Resolution of the status of the .04 acre outparcel,and 2.Site
grading plans required by the County Engineer for lots 4 through 7 ann 13 and 14
located in the area of the floodplain.Mr.Cump,representative for the developers
of Oak Tree Estates,brought to the attention of the Commission deed covenants for
location of the duplex structures which have been signed by persons in the neighborhood
who were opposed to the rezoning.It was agreed by consensus of the Commission that
the staff review any conditions imposed for approval of the rezoning request by the
County Commissioners prior to the plat submittal for final approval.On a motion by
Mr.Barnhart,seconded by Mr.Dwyer,the Commission voted to grant Preliminary
Approval to the plat file.So ordered.
Highland View Estates -Preliminary:
Staff review pointed out that the preliminary plat of Highland View Estates conforms
with the concept plan which was previously reviewed and approved as the Seventh Day
Adventist/Mills Farm.Preliminary Approval is requested for 6 lots along Mt.Aetna
Road from a 26.1 acre parcel.Sight distance at the intersection of Mt.Aetna Road
and Md.Rt.66 must be corrected prior to final approval.Improvements to Mt.Aetna
Road is proposed for the next development phase.
Noting that all reviewing agency approvals have been received with the exception of
Engineering Approval for sight distance,the Commission voted to grant Preliminary
Approval to Highland View Estates as proposed,on a motion by Mr.Dwyer,seconded
by Mr.Byers.So ordered.Final approval will be granted administratively when
engineering requirements for sight distance have been satisfied.
Site Plan for Elwood W.Grimm:
For the information of the Commission,the staff presented a site plan for a proposed
warehouse on the Grimm property on Route 64 with a total area of 19,000 square feet.
The Executive Director said that he has contacted Evan Smith of the State Highway
Administration expressing concern over the existing situation at the site relative to
parking requirements.The State Highway Administration has responded by letter saying
that that agency will require channelization on Route 64 and also that there will be
required a physical barricade to prevent parking on the right of way.Also,land-
scaping.of the area has been investigated,possibly through some agreement between
the County and the State to provide screening.The Executive Director said that he
felt that the off-street parking and existing entrance should be addressed by the
Commission as pertains to the new addition to the site under the restrictions set
forth in the Zoning Ordinance.
Mr.Cump,the developer's representative,said that a revised plat has been prepared
as a result of State Highway requirements showing concrete curbing and gutter from the
two entrances east to the property line on both sides of the road with 12'bituminous
shoulders.Also,there is to be a wooden fence on the right of way line,116 feet off
the centerline of the road to run the full length of the property.He pointed out
that the warehouse was to be used for salvage parts with parking provided on-site
around the bUilding.
62
Site Plan for Elwood W.Grimm,cont'd:
By consensus,the Commission agreed that so long as a revised site plan for the
proposed expansion of the Grimm property is submitted to the Permits Department with
the information as described by Mr.Cump and which has received approval of the.State
Highway Administration,there would be no need for the Commission to review the
revised site plan.
UNFINISHED BUSINESS:
Interstate Industrial Park Landscaping:
Information on the Industrial Park landscaping problem that was previously dis-
cussed in the past was sent with the agenda describing the status of sites in
the Interstate Industrial Park as pertains to compliance with landscaping
requirements of the Zoning Ordinance and of Industrial Foundation covenants.It was
found that two of the sites in particular,Bowman Trucking and Packaging Services,
have not provided adequate landscaping.These two sites are to be referred to the
Zoning Administrator for enforcement of landscaping requirements to the extent
imposed by site plan review.Consideration has also been given to trade-off of
the right of way along the west side of Governor Lane Boulevard with the property
owners in the Industrial Park for additional landscaping where required.Also dis-
cussed were ordinance requirements in regard to buffering of side yards of sites in the
Industrial Park.In this regard,the ordinance needs to be reviewed for possible
changes.
By consensus,the Commission agreed to request to be scheduled on the County Com-
missioner's agenda'to propose the conveyance of excess right-of-way.
Londontowne Area Road Improvements:
In reporting on the status of the meetings that have been held with the Hagerstown
Planning staff and the Londontowne developer to resolve the procedure for London-
towne's access problems,Jim Witherspoon said that as part of the agreement,one
of the County's responsibilities would be to make an entry in the Capital Improve-
ments Program for the improvement of Landis Road and Day Road from the first
entrance of Londontowne,Section A out to Route 40.The estimate for this is
$100,000.The next step for the developer would be to make a proposal for the
access road across the park property.The staff feels that whatever the
developer's proposal would be for the configuration of that road,the particular
land that would be taken up by the right of way to be put back into park use
would also be shown.It was felt that the proposal should first go to the Parks
Board,then assuming the County Commissioners agree,forward it to the Secretarys
of the Department of Natural Resources and State Planning for their approvals.
It was agreed by consensus that the proposal would be taken to the County Commis-
sioners once the information is received from the engineer as relates to the access
through the park property.Mr.Cump indicated that a plan could be prepared in time
for the next Commission meeting for review.
OTHER BUSINESS:
The Executive Director brought to the attention of the Commission,new legislation
that amends the enabling Article 66B relative to administrative approval of five or
less lots (HB 780).Also discussed were HB 861 relative to Civil Violations and
HB 664 as pertains to advertising of public hearings.This new legislation will
be held for a later meeting for discussion.
Urban Growth Area Study Committee:
Mr.Dwyer,reporting briefly on the status of the Urban Growth Area Study,said
that the committee is pretty much on the time schedule for development of the
study.Members of the Commission are receiving copies of the committee's
minutes to keep them informed of progress.The next meeting is scheduled for
July 19.Copies were also distributed to the members relative to PUD ordinances from
excerpts of the Planning Advisory Report published by the American Planning Associ-
ation.The staff has been reviewing the PUD process which will be implemented into
the Zoning Ordinance.
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Rezoning c:ases:
RZ-237 -H.Manny Holtz,R to BL:
Mr.Barnhart and Mr.Dwyer did not attend the public hearing but stated that they
have read the complete transcript taken at the public hearing on June 14.Mr.
Wolford,Mr.Herbst and Mr.Byers were present at the hearing.Following a brief
summarization by the staff of comments and testimony presented at the hearing relative
to RZ-237,the staff said that it was felt that that the applicant did not demonstrate
adequately that there was a change in the character of the neighborhood since the
case was previously heard in 1977,and recommended that the application be denied.
On a motion by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to forward
a recommendation to the County Commissioners that RZ-237 be denied based upon the
findings of fact in the staff report and analysis and testimony presented at the
public hearing.So ordered.
RZ-238 -Text Amendment,Homebuilder's Association,Inc:
Mr.Byers withdrew from the Commission's discussion and consideration of RZ-238.
Following discussion of the principal concerns expressed by protestants at the public
hearing for RZ-238 and analysis by the staff of the testimony presented,the Commis-
sion voted,on a motion by Mr.Herbst,seconded by Mr.Dwyer,to forward a recommendation
to the County Commissioners that the application for text amendment be approved.
So ordered.
Clever Subdivision:
For the information of the Commission,the Executive Director brought to their
attention that the plat application for Clever has been disapproved administratively
since it has been disapproved by the Health Department because of high water con-
ditions.No action was necessary on the part of the Commission.
11 Point Concern by Consultants:
The Executive Director brought to the attention of the Commission,correspondence
signed by several consulting firms which stated concerns relative to the length of
process time for plats.One of the requests for change as an additional Commission
meeting each month.By consensus,the Commission agreed that there was no valid
reason to schedule an additional monthly meeting at this time in light of the present
amount of subdivision activity.The Commission asked that the correspondence from
the engineering firms and responses by the staff be made available to them.
ADJOURNMENT:
The meeting was adjourned at 10:00 P.M.
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William E.WOlfordF Jr#,Chairman
The regular monthly meeting of the Washington County Planning Commission was held on
Monday,August 2,1982 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 Jack B.Byers;Thomas
W.Dwyer;and John C.Herbst (arriving at 7:20);and Donald E.Zombro.Absent were:
Charles F.Wagaman.and Michael D.Barnhart.Staff in attendance:Executive Director
Jack S.Hawbaker;Senior Planner James B.Witherspoon;Associate Planner Catherine
T.Thompson;Assistant Planner Stephen T.Goodrich;Zoning Administrator Paul Prodono-
vich,and Marion Snyder,Secretary.
The meeting was called to order by the Chairman at 7:00 P.M.
64
MINUTES:
The minutes of the regular meeting held on July 12,1982 were approved as written
on a motion by Mr.Dwyer,seconded by Mr.Byers.So ordered.
NEW BUSINESS:
Agricultural District Application--Fred and Janice Barnhart--AD-82-2:
Following review by the staff of an Agricultural District Application for Fred and
Janice Barnhard,F.T.&K.,Inc.,(AD-82-2),the Commission voted,on a motion
by Mr.Dwyer,seconded by Mr.Zombro,to forward a recommendation to the Board
of County Commissioners that the application be approved on the basis that it
does not conflict with plans and policies of the County.So ordered.
Hagerstown Trust Branch Bank--HI District--Review:
Under the prOV1Slons of Section 19.3 of the Zoning Ordinance the Commission reviewed
a preliminary site plan application for the proposed construction of a fully auto-
mated satellite branch bank for the Hagerstown Trust to be located in an HI District
near the intersection of the Sharpsburg Pike with East Oak Ridge Drive.The staff
pointed out that the County Engineer has expressed objections to the first entrance
as proposed on the attached drawing of the material that was distributed along with
the Commission agenda.The staff has recommended the configuration of the site as
shown on the last attachment of this staff review.The Executive Director pointed
out that at the time the site was previously considered by the Commission as the
proposed Bowman Trucking site,concerns were expressed as pertained to landscaping
of the site to provide a buffer between the operation and the existing dwelling on
adjacent property.It was also pointed out in the staff report that the present
application is seeking a Board of Appeals variance as pertains to the 75'buffer
yard to a distance of 47'.Representatives of the Bank,the Blake Company,and the
applicant's consultant indicated that they would be agreeable to moving the structure
farther to the east in order to provide a more adequate buffer to the adjoining
property.Alternate proposals were also discussed relative to access points to
serve the proposed structure as relates to conflicts with turning movements
onto and off the site near the intersection.
The Commission asked that a landscaping plan be submitted along with the site
plan submitted for final approval and stressed that the entrance should be
located as far away from the Sharpsburg Pike as possible.Also,at least two
parking places should be provided to accommodate customer's automobiles.
On a motion by Mr.Dwyer,seconded by Mr.Byers,the Commission directed that the
site plan to be submitted for approval incorporate an entrance a safe distance
from the intersection of the Sharpsburg Pike and East Oak Ridge Drive and
screening of the site to the extent that can be provided.So ordered.
Creasey Company--Site Plan:
The staff,reporting on the status of the site plan review for the Creasey Company
application for the proposed construction of a warehouse and distribution center,
said that all agency approvals have been received with the exception of the Water
Department.This approval is contingent upon an agreement between the developer
and the Water Department relative to construction of a 12"water line to extend
600'to 'Md.Route 68.The Washington County Sanitary District had granted final
approval prior to the sewer moratorium being imposed in the area.The staff reported
the landscaping plan to be adequate.
On a motion by Mr.Byers,seconded by Mr.Dwyer,the Commission voted to grant
approval to the site plan application contingent upon unconditional approval by
the Hagerstown Water Department.So ordered.
Elizabeth Werth--Simplified Plat:
An application for processing of a simplified plat for Elizabeth H.Werth,situated
along the south side of Falling Waters Road,was brought to the attention of the
Commission for their review.The application was placed on the Commission's agenda
in light of action taken previously at the regular meeting on November 2,1981 at
which time the Commission went on record to inform the developer that approvals of
a similar nature as the one granted approval on that date would need to be certi-
fied by the applicant as a bona fide transfer of land for agricultural purposes
and not for development.
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Elizabeth Werth--Simplified Plat,cont'd:
Mr.Werth stated that the transfer now being proposed was for the purpose of
harvesting woodland,but also said that the parcel would,in all probability,be
developed by the buyer as a residence at some future date.He also said that he
did not intend to install a water system to serve the remaining lands,also
proposed to be developed,which is required by the Health Department because of
contaminated wells in the area.
Following a lengthy discussion relative to the intent of the Subdivision Ordinance
as pertains to the simplified plat process,the Commission voted,on a motion by
Mr.Zombro,seconded by Mr.Dwyer,not to accept and process the plat under the
provisions of the simplified plat procedure because it did not comply with the
purpose of the Simplified Plat process as specified by the Ordinance.So ordered.
County Detention Center--Site Plan:
The staff reviewed an industrial site plan for the Washington County Detention Center
which has been submitted to the Department of Permits and Inspections for a building
permit.The institutional facility,situated on a 10 acre parcel in the Washington
County Industrial Park,will be provided access via a new County service road to be
constructed by the County.The staff reported that the site has been provided 77
parking spaces for visitors and staff.No standards for parking spaces are pro-
vided by the Ordinance for this type facility.A complete landscaping plan has
been submitted with the site plan.Water Department approval is outstanding to date.
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission voted to grant
approval of the permit being issued contingent upon Water Department approval.So
ordered.
UNFINISHED BUSINESS:
Interstate Industrial Park Landscaping--Status Repovt:
The Executive Director reported that the proposal for conveyance of excess right-of-
way along the west side of Governor Lane Boulevard to sites in the industrial park
has been taken to the County Commissioners along with recommendations in regard to
compliance of some of the sites with landscaping requirements.The Commissioners
have taken the matter under advisement and will render a decision at some future date.
HB-86l--Civil Violations--Discussion:
The Commission discussed new legislation that permits the County Commissioners to
set a schedule of fines for zoning violations.By consensus,the Commission agreed
that a letter be sent to the County Commissioners from the Planning Commission
requesting that they look into the new legislation which has been provided under
Section 7.01 of Article 66B.Also,by consensus,the Commission agreed to initiate
a text amendment to the Zoning Ordinance relative to public hearings as provided for
under new State Legislation.
OTHER BUSINESS:
For information of the Commission,the Executive Director distributed copies of a
letter from the Department of State Planning relative to the next Statewide meeting
of Planning Directors scheduled for September 23,1982.
ADJOURNMENT:
The meeting was adjourned at 9:00 P.M.
NEXT MEETING DATE:
The Executive Director reminded the Commission that the next regular meeting will
be held on August 30,because of the Labor Day Holiday in September.
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William E.Wolford,1r.,VChairman
66
The regular meeting of the Washington County Planning Commission was held on Monday,
August 30,1982 at 7:00 P.M.in the second floor conference room of the County
Office Building.
Present were:Vice-Chairman Jack B.Byers;Michael D.Barnhart;John C.Herbst;
and Donald E.Zombro.Absent:Chairman William E.Wolford and Charles F.Waga-
man.Staff members in attendance were:Executive Director Jack S.Hawbaker;
Senior Planner James B.Witherspoon;Assistant Planner Stephen T.Goodrich;and
Marion Snyder,Secretary.
The meeting was brought to order by the Vice-Chairman,Mr.Byers,at 7:00 P.M.
~lINUTES :
The minutes of the regular Planning Commission meeting of August 2,1982,were
approved and adopted as presented on a motion by Mr.Zombro,seconded by Mr.
Herbst.So ordered.
NEW BUSINESS:
Hagerstown Trust Bank/Massey Ford Site -Site Plan:
The staff,in review of the Site Plan application for the Hagerstown Branch Bank
which is proposed to be located on the Massey Ford Company site in the Valley
Plaza,pointed out that the County Engineer has expressed opposition to the
issuance of a building permit for reasons expressed in correspondence dated
July 26,1982,relative to:1.The planned facility would create additional
traffic flow problems on Massey Boulevard north,as well as internal traffic
problems;and 2.that the approval previously granted to the Massey Ford site
was for a new and used car facility only,and not for further development of an
unrelated business.
Following discussion with representatives of the Hagerstown Trust and their con-
sultant who stated that the automated branch kiosk would probably be used after
regular business hours due to the nature of the facility,a motion was made by
Mr.Barnhart that the consultant work with the County Engineer to see if the
traffic problems can be resolved.The motion died for lack of a second.
A motion was then made by Mr.Herbst and seconded by Mr.Zombro,to grant approval
to the site plan application.The motion carried with Mr.Barnhart voting "no".
Variance Request--Garland E.Groh:
The Commission considered a request for a variance to the requirements of Section
405.ll.B of the Subdivision Ordinance to permit conveyance of a lot that does not
abut a public road which is designated as part of Allotment #2 of Cedar Lawn
Park,an unrecorded plat.Access is proposed via Homewood Avenue which is
referenced in all the deeds of conveyance for parcels fronting the lane.Homewood
Avenue is designated as a 60'right of way and now serves 3 existing residences.
Mr.Groh stated that the lot to be conveyed is to an immediate family member of
one of the existing property owners and said that a requirement to upgrade the
deeded right of way would constitute a hardship to the existing property owners
who now maintain the street.
On a motion by Mr,Barnhart,seconded by Mr.Herbst,the Commission granted the
variance request based upon the hardship clause as provided for under Section
107 of the Subdivision Ordinance.So ordered.
Highland View Estates,Lots l-6--Final Approval:
Mr.Weikert of Fox and Associates,Inc.,consultants for the developer,requested
that the Commission informally discuss the final plat prior to taking formal
action on the proposal.Preliminary Approval was granted by the Commission on
July 12,1982.Final Approval is contingent upon Engineering approval,the
conditions for which were outlined in correspondence from the County Engineer
to the Planning Department,dated June 28,1982,based upon resolving the prob-
lem of sight distance at the intersection of Mt.Aetna Road and Md.Rt.66
which would require removal of a portion of a stone wall situated along the
road.The consultant said that the property owner has agreed to this but has
been unable to do the work.The developer said that because of time limitations
since the project was initiated,the need to proceed with sale of some of the
lots has become necessary due to expenses incurred by lengthy delays.
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Highland View Estates,Lots h6-_Final Approval,continued:
A motion was made by Mr.Zombro and seconded by Mr.Herbst,to grant Final Approval
to the 6 lots as submitted on the basis that the Commission members visited the
site and did not consider sight distance to be a problem.So ordered.
Preston Trucking--Site Plan:
The staff review indicated that all necessary agency approvals have been received
for the Preston Trucking Company which is a 5.9 acre industrial site in the
Interstate Industrial Park.The staff reported that a very good landscaping plan
has been submitted along wlth the site plan.
On a motion by Mr.Barnhart,seconded by Mr.Zombro,the Commission voted to grant
Final Approval to the Site Plan.So ordered.
UNFINISHED BUSINESS:
HB 861 and Interstate Industrial Park Landscaping:
The Executive Director said that a response has been received from the County Adminis-
trator in regard to the above referenced matters which were forwarded to the County
Commissioners for their consideration.The Commissioners have decided to defer
making any changes in the current procedure for zoning enforcement,and in reference
to landscaping in the Interstate Industrial Park,have suggested that the Industrial
Foundation enforce the covenants and restrictions which would apply to the property
owners ln the Park.
eTHER BUSINESS
State-Wide Planning Commission Conference:
The Executive Director brought to the attention of the Commission,correspondence
from the Secretary of the Department of State Planning relative to a State-wide
Planning Conference to be held on September 23.Mr.Hawbaker said that the conference
workshop,sponsored by the Department of State Planning and the State Planning
Commission is planned to provide topics of interest to Planning Commissioners.Mr.
Byers,Mr.Barnhart,and Mr.Zombro said they were interested in attending.The
rest of the Commission members will be contacted to see if they are interested in
attending and travel arrangements will be announced at a later date.
MEETINGS:
A rezoning hearing is scheduled for September 20,1982 at 7:00 P.M.to be held in
Court Room #1.The next regular meeting will be October 4,1982.
ADJOURNMENT:
The meeting was adjourned at 8:05 P.M.
/
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68
The regular meeting of the Washington County Planning Commission was held on
Monday,October 4,1982 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 Jack B.Byers;
Thomas W.Dwyer;John C.Herbst;Donald E.Zombro.Not present:Michael D.
Barnhart and Charles F.Wagaman,Jr.Staff present:Executive Director Jack
S.Hawbaker;Senior Planner James B.Witherspoon;Associate Planner Catherine
T.Thompson,and Marion Snyder,Secretary.
The Chairman called the meeting to order at 7:05 P.M.
MINUTES:
An addition to the minutes of the meeting of August 30,1982,was made to in-
clude Mr.Dwyer's name among those members who were absent,following which the
minutes were approved and accepted as corrected on a motion by Mr.Zombro,
seconded by Mr.Byers.So ordered.
Addition to Agenda:
By consensus of the Commission,additions were made to the evening's agenda to
include consideration of preliminary and final plat approval for the Review/
Herald Publishing Association,and consideration of a request for a three month
extension of time for the Estate of Mary Churchy subdivision plat.
NEW BUSINESS:
Proposed Subdivision -Mathis:
The Executive Director explained that this discussion was placed on the Commis-
sion agenda because of previous concerns with development on Neck Road.The
7.46 acre tract was transferred from Mr.and Mrs.Maury Werth to Mr.Mathis'
via a simplified plat which received administrative approval on August 18,1982.
Mr.Mathis now wishes to apply for a permit to place a mobile home on the prop-
erty which he proposes to subdivide at a later date for conveyance to two of
his family members.
Following discussion of concerns expressed by the County Engineer on previous
occasions relative to the overall development along Neck Road,Mr.Mathis was
informed that it would be necessary to resubmit the plat under the requirements
of the Subdivision Ordinance prior to making application for a permit to place
a dwelling on the subject property.It was also recommended that Mr.Mathis.
consult with the Health Department and the County Engineer for a review of his
plans for the property prior to making a formal plat submission to the Commission.
COMMUNICATIONS:
Letters of Extension:
On a motion by Mr.Dwyer and seconded by Mr.Zombro,the Commission voted to grant
extensions of time for the following subdivision applications:Tilghmanton
Heights--90 days;Stoneleigh Estates--90 days;Whyte Hall Manor--90 days;Green-
spring Hills--60 days;Estate of Mary Churchy--90 days.So ordered.
NEW BUSINESS:
Preliminary Consultation--Jenkins and Reulet:
A preliminary consultation which was held September 22,1982 for Jenkins and
Reulet was reviewed by the Planning staff (Reference to file PC-82-4).It was
pointed out that there was some question as to whether all of the lots would
have sufficient public road frontage.Lots 5 and 6 do not front a public road
and due to topographic conditions,accessibility from Lot 2 to Shinham Road may
not be feasible.Also involved in the question of access for Lots 5 and 6 is
a strip of County-owned land from Dargan School Road #2 which serves the transfer
station at the old Dargan Dump.The fenced area owned by the County is also
utilized by the Potomac Valley Fire Company for volunteer parking during emer-
gencies and social functions and serves as a helicopter pad belonging to the
fire company.(continued).
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Preliminary Consultation--Jenkins and Reulet,cont'd:
By consensus,the Commission agreed that a right-of-way across other lots would
be acc:epte.ble to seTW,Lot 2 from Dargan Road,provLh,u there is a guarant,sed
perpetual 2~cces.s at the time of subdivision approval and plat recordation;and
that access for Lots 5 and 6 be constructed to County standards and dedicated
by the developers prior to which an agreement with the County Comrnissionel's
in regard to access over County-owned property would be necessary.The matter
of access should also be coordinated with the Potomac Valley Fire Company.The
Commission directed the Executive Director to inform the developer of these
conditions.
Review and Herald Publishing Association -Preliminary and Final Approval:
Based upon the staff report that indicated that all agency approvals have been
received,the Planning Commission voted,on a motion by Mr.Byers,seconded by
Mr.Dwyer,to grant Preliminary and Final Approval to the application.So ordered.
Highland View Estates--Discussion:
The Preliminary Plat of the 6 lots for Highland View Estates which received Pre-
liminary Approval of the Commission at the August 30,1982 meeting,was brought
back for further discussion and clarification of concerns expressed by the County
Engineer in correspondence dated September 22,1982 relative to sight distance
at the intersection of Md.Rt.66 and Mt.Aetna Road.The COITwission had granted
the Preliminary Approval on August 30,on the basis of statements made by Mr.
Dull at the preliminary consultation held on July 23,1981,that he would not
object to the development of the 35 lot subdivision as then proposed and also on
the assumption that the stone wall which interfered with adequate sight distance
would still be lowered in the near future.
The Commission is in agreement with the County Engineer that the sight distance
is poor at the intersection as viewed from compact and sub-compact automobiles.
The Commission agreed to recommend to the County Commissioners that capital funding
be provided in the Capital Improvements Program for FY 1984 for upgrading the
intersection to the extent necessary to make it safe.The Commission also went on
record for requesting that the County Engineer's office make a similar recommendation
to the Board for inclusion of this project in the FY 1984 Capital Improvements
Program.
Proposed Zoning Ordinance Change:
By consensus,the Commission approved for advertising a proposed change to Section
22.6l(i)of the Zoning Ordinance relative to Access Drives and Off-Street Parking.
Comprehensive Plan Implementation:
The staff presented a brief update of the status of the work being done on the
Comprehensive Plan implementation projects.Catherine Thompson gave a synopsis of
the outline of the objectives for doing a report on concepts in the Rural/Agricul-
tural Area.She reported that an inventory is being made of agriculturally
assessed lands and farmlands that have been active in the agricultural stabilization
and conservation services programs.These areas have been mapped and it is planned
through the use of overlays to prioritize agricultural lands.This information
will be coordinated with the Urban Growth Area Committee as an aid in determining
growth boundaries,and assist the Agricultural Advisory Board in making recommen-
dations for easement sales.Conservation areas will also be coordinated into
the base maps as a part of this study.
Mr.Dwyer reported that the Urban Growth Area Study Committee is spending some
time dealing with financing and payment of services.A special meeting has been
held with Merle Elliottof the accounting firm of Smith,Elliott,Kearns and Company
and Jim Young,County Finance Director ,in this regard.
The Executive Director reported that the staff is working on recommendations for
the PUD report which is expected to be ready for a presentation to the Commission
next month.
Geohydrologic Study Status:
The Executive Director reported that the Coordinating Committee presented the On-
Site Sewerage Ordinance to the County Commissioners this past Tuesday.He said
(continued)
70
Geohydrologic Study Status,cont'd:
that the State Health Department has taken issue with the innovative systems
section of the Ordinance which needs to be resolved between the Commissioners
and the State.It was pointed out that this ordinance should be taken into
consideration in the Agricultural Land Report in view of its relationship to the
use of agricultural lands for development.
ADJOURNMENT:
The meeting was adjourned at 9:00 P.M.
/JJ~L.,U(;JJ LJ \'.
William E.Wolford,Jr.;'fhil~"----
The regular meeting of the Washington County Planning Commission was held on
Monday,November 1,1982 at 7:00 P.M.in the second floor conference room of
the Court House Annex.
Present were:Chairman William E.Wolford,Jr.;Vice-Chairman Jack B.Byers;
Thomas W.Dwyer;Michael D.Barnhart;Donald E.Zombro;and John C.Herbst
(arriving at 7:30).Absent:Charles F.Wagaman,Jr.Staff in attendance were:
Executive Director Jack S.Hawbaker;Senior Planner James B.Witherspoon;Associ-
ate Planner Catherine T.Thompson;Assistant Planner Stephen T.Goodrich;and Marion
Snyder,Secretary.
CALL TO ORDER:
The meeting was called ro order by the Chairman at 7:05 P.M.
MINUTES:
The minutes of the regular meeting of October 4,1982 were approved as presented
on a motion by Mr.Dwyer,seconded by Mr.Byers.So ordered.
Addition to Agenda:
By consensus of the Commission,a simplified plat application for Leroy Martin was
added to the Commission's agenda for consideration.
COMMUNICATIONS:
Letter of Extension--Garland E.Groh Subdivision:
On a motion by Mr.Byers,seconded by Mr.Dwyer,the Commission voted to grant the
request for a six month extension for Garland E.Groh,Homewood Avenue,Lot No.1.
The expiration date of this extension of time will be May 7,1983.So ordered.
NEW BUSINESS:
Clau?e Crawford,Simplifi~d Plat,Parcel B:
The Executive Director explained that the simplified plat application for Claude
Crawford,Lot B,was brought to the Commission because of a similar request for
Parcel A on June 7,1982 which was granted.The approval of Parcel A did not
imply approval for either future development nor for points of access on Fairview
Road.Mr.Hawbaker said that upon receipt of the application for Parcel B,
the developer's engineer was notified that the plat would be the subject of Com-
mission review because of the potential for development and asked that his client
be notified of the date of the meeting in order to be present to answer any
questions the Commission might have.Since neither Mr.Crawford nor his repre-
sentative was present and the proposal seems not to be intended for farm use,it
was recommended that the application be denied.
By consensus,the Commission agreed that the plat as proposed be disapproved and
that the Executive Director notify the developer through his surveyor that he should
either provide additional information as to how this property is to be used for
agricultural purposes or submit a development plat showing the required points of
residential access.So ordered.
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Highland View Estates,Phase II,Lots 7 through 39--Preliminary:
The staff report pointed out that the first 6 lots of Highland View Estates were
previously approved at the regular Commission meeting on August 30,1982.At
that time,a letter was forwarded to the Board of County Commissioners recommending
upgrading of Mt.Aetna Road via the budget in the FY'84 Capital Improvements
Program.Attached correspondence dated August 9,1982 from the County Engineer
in regard to conditions for granting Final Approval was discussed (Reference to
the plat file S-82-44).Also discussed was correspondence from the office of
the County Commissioners dated October 14,1982 in reference to the Commission's
request to include upgrading of the Route 66/Mt.Aetna intersection in the
FY'84 CIP.(Reference to the plat file S-82-44).
Following lengthy discussion relative to what needs to be done to improve the sight
distance in order to satisfy requirements of the County Engineer for upgrading of
the intersection at Mt.Aetna Road and Md.Rt.66,a motion was made by Mr.Herbst
and seconded by Mr.Zombro,to grant Preliminary Approval and to inform the
County Commissioners of the length of time that this matter has been under con-
sideration by the CDmmission since submittal of the concept plan and to request clari-
fication of the cost and cost-sharing agreements and specific requirements for
upgrading the road to satisfy requirements as specified by the County Engineer.
So ordered.
Agricultural District Application for David Ankeney:
Following staff review and analysis of the Agricultural District application
(AD-82-3)for David H.Ankeney and Elizabeth H.Ankeney,the Commission voted,
on a motion by Mr.Herbst,seconded by Mr.Dwyer,to forward a recommendation of
approval to the Board of County Commissioners based upon the staff report that
found no conflict with the plans and pOlicies of the County.So ordered.
Leroy Martin--Simplified Plat:
The Executive Director brought to the attention of the Commission a simplified
plat application by Mr.Martin which is proposed for conveyance to the Paramount
Feed and Supply Company.Mr.Hawbaker has taken the position that the acquisition
process is improper as proposed because it does not meet the intent of the Subdi-
vision Ordinance;he recommended that the plat as submitted be disapproved.He
pointed out that the proper procedure would be to apply for a map amendment
for reclassification of the property to accommodate the intended land use prior
to submittal of a development plat.
On a motion by Mr.Barnhart,seconded by Mr.Dwyer,the Commission voted to dis-
approve the application as submitted because it does not meet the simplified
plat procedure as specified by the adopted Subdivision Ordinance.So ordered.
OTHER BUSINESS:
Rezoning Cases from September 20 Public Hea:r:ing:
RZ-240--Text Amendment:
On a motion by Mr.Barnhart,seconded by Mr.Dwyer,the Commission voted to forward
to the Board of County Commissioners a recommendation of approval for a text
amendment to Section l3.l(a)which would expand the uses in the IG District.So
ordered.
RZ-242--Map Amendment--RU to IG:
A motion was made by Mr.Herbst and seconded by Mr.Zombro to forward a recommendation
to the Board of County Commissioners that the application be approved based upon there
having been a mistake in the original zoning of the general area that includes the
applicant's property.Mr.Herbst then amended the motion to include the statement
made by the applicant at the public hearing relative to the intended use (office
building and accompanying uses),based upon the contiguous properties that have
already been rezoned in the general area.Votes were recorded as follows:
Voting "Aye":Mr.Zombro,Mr.Herbst,and Mr.Byers.Voting "Nay":Mr.Dwyer,
Mr.Barnhart,Mr.Wolford,resulting in a tie vote,thus causing the motion to fail.
No recommendation on RZ-242 will be forwarded to the Board of County Commissioners
from the Planning Commission.So ordered.
72
RZ-24l--Text Amendment:
On a motion by Mr.Zombro,seconded by Mr.Barnhart,the Commission voted to
forward a recommendation of approval to the Board of County Commissioners to
amend Section 4.15 of the Zoning Ordinance to provide adequate services for
child care in Washington County.So ordered.
RZ-243--Text Amendment:
On a motion by Mr.Dwyer,seconded by Mr.Byers,the Commission voted to for-
ward a recommendation of approval to the Board of County Commissioners to amend
Section 27.2 of the Zoning Ordinance to bring it into compliance with State
law.So ordered.
Commission POlicy#7--Proposed Change:
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to
amend Commission policy #7 as proposed which would delete".. .4:00 P.M.of
the next to the last Friday ..."and substitued the words"...9:00 A.M.
of the Monday ..."(prior to the Commsision meeting).So ordered.
ADJOURNMENT:
The meeting was adjourned at 9:25 P.M.
N~2.J
William E.Wolford~JrJ,Chairman
The regular meeting of the Washington County Planning Commission was held on
Monday,December 6,1982 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 Jack B.Byers;
Michael D.Barnhart;John C.Herbst (arriving at 7:30);and Donald E.Zombro.
Absent:Thomas W.Dwyer and Charles F.Wagaman,Jr.Staff present:
Executive Director Jack S.Hawbaker;Senior Planner James B.Witherspoon,
Associate Planner Catherine T.Thompson;Assistant Planner Stephen T.Goodrich;
and Marion L.Snyder,Secretary.Also present was'Al Feldstein,Department of
State Planning.
CALL TO ORDER:
The Chairman called the meeting to order at 7:00 P.M.
MINUTES:
The minutes of the Commission's regular meeting held on November 1,1982,were
approved as received on a motion by Mr.Byers,seconded by Mr.Zombro.So ordered.
NEW BUS INESS:
Moore Family Subdivision - 3 Lots for Preliminary and Final Approval:
The staff report indicated that the parcel proposed to be subdivided into three
building lots for single family residential use has received all agency approvals.
A variance was granted by the Planning COMnission in April,1980 to permit access
over a private driveway to Md.Rt.67 due to State Highway requirements and
topographic conditions.A variance was also granted by the Board of Appeals for
lot width on Lots 1 and 2,side yards for dwelling and storage shed on Lot 2,
granted August 19,1982.
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to grant
both Preliminary and Final Approval based upon the favorable recommendations of
the staff report.So ordered.
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COMMUNICATIONS:
Extension Letter -Greenspring Hills:
On a motion by Mr.Zombro,seconded by Mr.Byers,the Commission voted to grant
a 60 day extension of time for consideration of the Subdivision Plat for Green-
spring Hills due to Health Department requirements.The expiration of this
extended time period will be February 5,1983.So ordered.
UNFINISHED BUSINESS:
Highland View Estates:
The Executive Director brought to the attention of the Commission,a memorandum
from Glenn L.Dull,County Engineer,dated November 5,1982,relative to that
department's position with regard to the granting of Final Approval of any sub-
division plat or plats for the Highland View Estates Development.In summary,
Mr.Dull stated that the Engineering Department will grant final approval to the
plats as soon as the sight distance problem is resolved.He also noted that if
the developers are looking to the County to resolve the problem,they will probably
have to wait until the Board of County Commissioners approves the reconstruction
of Mt.Aetna Road which would include some sort of disposition of the wall in
question.
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to con-
cur with the County Engineer's position as stated.Final Approval by the Planning
Commission will be contingent upon resolution of sight distance as stated in Mr.
null's letter of November 5,1982 as it relates to Highland View Estates.So
ordered.
OTHER BUSINESS:
Comprehensive Plan Status:
Growth Area Study Committee:
Jim Witherspoon reported that the Committee has completed analyzing the recommen-
dations made concerning the Growth Area and that he is now in the process of
finalizing a report to the Committee Chairman after which it will be discussed
at one or two more Committee meetings.A draft report will be ready by the first
of the year for comment by other common interest groups and organizations.A
copy of the same report will be made available to the County and City Planning
Commissions as well as the other jurisdictions who participated in its preparation.
Planned Unit Development:
The Executive Director reported that he and Jim Witherspoon,along with Bill
Stachoviak,have been working on the PUD Ordinance.Elements of the Comprehensive
Plan have been reviewed and responded to by the staff as pertains to the PUD con-
cept and its relation to the needs of Washington County.It is expected that a
draft document will be ready for presentation to the Conunission in the near future.
Mineral Extraction:
Steve Goodrich,reporting on the status of the Mineral Extraction section of the
Comprehensive Plan,stated that the basic recommendations in the Plan pertain to
a review of State,Federal,and local regulation of design standards of new
mineral extraction operations as well as those currently established and those
which have been abandoned.He reported that he has conducted a review of existing
mineral extraction sites and located potential sites.Also reviewed was the
permit process and procedures for rezoning and appeal process for proposed mining
operations.A list of concerns has been compiled from available sources,including
the Maryland Geologic Survey,mine operators themselves,and residents who live
in the vicinity of mining operations.Steve pointed out that the newly acquired
aerial maps are being used in the research process.
74
Rural/Agricultural Area:
Associate Planner Catherine Thompson,distributed copies of an outline of objectives
to be accomplished in preparation of an agricultural report.The outline is
based on the policies of the Comprehensive Plan which discuss recommendations for
the design of rural development projects in order to retain prime agricultural
lands for permanent open space or farming use and to discourage the subdivision
of prime agricultural parcels into lots too small for farming operations.She
reported that an inventory of farm lands has been developed utilizing data
gathered from ASCS records and from lands which are taxed agriculturally.These
tracts have been identified and mapped.Also discussed was the relationship of
Rural/Agricultural Areas to the Growth Area and the Growth Area boundary.The
report recommended the establishment of a task force whose function will be to
identify and prioritize agricultural areas of the County which are prime/productive.
It was also suggested that conservation lands be considered and evaluated by the
task force under the same criteria that has been collected for agricultural lands.
The Commission concurred with the staff's recommendation that a list of persons
and organizations be prepared at the staff level for the January meeting from which
members of a task force could be appointed,and outlining duties which can be
undertaken by the task force committee in the review process.
Subdivision Ordinance Interpretation:
A memorandum from Catherine Thompson to the Executive Director was distributed
and discussed relative to interpretation of the Subdivision Ordinance as it
'pertains to lots that have to front a public road.At the time the Subdivision
Ordinance was revised,it was clarified to state that lots which are subdivided
shall have access to a road or street that has been dedicated to public use.In
review of recent cases by the Commission,the staff deducted that there may have
been some variance to the intent of this addition to the Ordinance and asked for
verification of the policy.The Executive Director said that action taken recently
by the Commission in the cases of Jenkins and Reulet and Claude Crawford seems
to be at odds with the intent of the Ordinance to have the lot front on useable
road frontage.During discussion of the specifics of the Ordinance as it is
presently worded,the staff pointed out that the original intent of the Ordinance
was that no private roads were to be permitted in the County and that a lot
proposed for development must have useable direct access to a public road.
By consensus,the Commission agreed that while the Ordinance is not specific in
requirements as pertains to useable road frontage,it was felt that the statement
that is required on the plat absolving the County from responsibility of building
or maintaining the private right of way or easement which has been granted,is
sufficient safeguard to protect the County and is also flexible enough to permit
some development in rural areas through the variance process.It was agreed that
a variance would still be required in cases of this type and would need to be
brought to the Commission for consideration prior to the processing of plats for
agency review.
Rezoning Cases RZ-245 and RZ-246:
The two rezoning cases that were heard on November 8,which are before the Commis-
sion for recommendation were postponed until the next meeting because there was
not a quorum of members present who had either attended the public hearing or read
the transcript of the proceedings.
H.~c K~llott Estate Quarry -Court Opinion:
The H.B.Mellott Estate Quarry Court Opinion was forwarded to the Planning
Commission for information.
Suggestions for Legislation:
By consensus,the Commission agreed to forward the proposed amendments to State
law and local policy as pertains to Section 3.02(a)of Article 66B of the Annotated
Code,as prepared by the staff.
Planning Organization Membership:*Amended January 3,1983
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A memorandum from Tom Beyard,Chairman of the Organizational Committee for the
Maryland Association of Planners which was the subject of Board membership,was
discussed.Mr.Hawbaker said that he would obtain more information prior to the
next Commission meeting as to what the duties of such a representative would
involve and where the meetings are to be held.
1983 Rezoning Schedule:
The new 1983 Rezoning Schedule for the rezoning process was distributed to the
Commission for information.
Chamber of Commerce Study:
The study entitled "Proposals for Progress",prepared by the Ad Hoc Study Committee
of the Hagerstown/Washington County Chamber of Commerce,was distributed for
information and discussion.It was pointed out that the County Commissioners,to
whom the study was presented,have taken no action on the study.The Commission
took no form~l action and did not specifically address the various issues in the
report since the Commission was not directly involved.The Commission did,
however,agree that a letter be prepared by the Executive Director to the Board
of County Commissioners expressing a number of concerns and offering to meet with
the Ad Hoc Committee to discuss the relevant aspects of the report and a willingness
to be involved should the Commissioners wish to respond to the report.
'Variance Request for George Sellers:
Since Mr.Sellers nor his representative was in attendance at the meeting to respond
to some concerns as expressed by the staff,the Commission took no action on the
variance request since additional information was required in order for the Com-
mission to make a determination.
ADJOURNMENT:
The meeting was adjourned at 9:30 P.M.
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William E.'Wolford,