HomeMy WebLinkAbout1983 MinutesThe Washington County Planning Commission held its regular meeting on January 3,
1983 at 7:00 P.M.in the second floor conference room of the County Office
Building.
Commission members present were:Vice-Chairman Jack B.Byers;Michael D.Barnhart;
Thomas W.Dwyer;John C.Herbst (arriving at 7:20 P.M.);and Richard E.Roulette.
Absent:William E.Wolford,Jr.;and Donald E.Zombro.Staff in attendance were:
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.
CALL TO ORDER:
Vice-Chairman Jack Byers called the meeting to order at 7:15 P.M.
MINUTES:
An amendment to the minutes of the meeting of December 6,1982 was made to correct
the name of the State Planning Organization to read,Maryland Association of Planners.
The minutes were approved and accepted as amended on a mot18ti by Mr.Barnhart,
seconded by Mr.Dwyer.So ordered.
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NEW BUSINESS:
Variance Requests:
George Se llers :
Steve Goodrich said that the request for a variance has been made for Mr.
Sellers through his consultant,Mr.Seibert,to create a lot without the
required public road frontage,located at the end of Leslie Drive off the
Sharpsburg Pike.The proposed subdivision is the site of Newell Enterprises
and proposes use of an existing private right-of-way from Leslie Drive which
now serves Conservit.At present,there are no further plans to develop
any of the other properties.Mr.Sidney Metzner,appearing in behalf of
Mr.Sellers,said that fee simple ownership of the private right-of-way
would be retained by Mr.Sellers and himself,granting a right-of-way to
Newell.Since the remaining 8 acres are not proposed to be developed,the
staff recommended approval.
A motion was made by Mr.Barnhart to grant the variance request.Mr.Dwyer
seconded the motion with the qualification that the plat contain a note to
the effect that the County would be absolved from responsibility of building
or maintaining the private road as specified in Section 405.ll(B)1.(c)of
the Subdivision Ordinance.The motion carried with Mr.Herbst abstaining.
John Mardall:
A request for a variance to the requirements of Section 405.ll(B)of the
'Subdivision Ordinance was presented by Russell Townsley of Fox and Associates
in behalf of John Mardall to allow subdivision of a six acre parcel which
does not front a public road.The staff report indicated that the existing
dwelling on the parcel which Mr.Mardall wishes to acquire from the Blake
Company would be provided access by granting a right-of-way in the deed of
transfer across other lands owned by Blake Company.
On a motion by Mr.Dwyer,seconded by Mr.Herbst,the Conunission voted to
grant the variance to Section 405.ll(B)of the Subdivision Ordinance pro-
vided a note is placed on the plat to be recorded absolving the County
from building or maintaining the private road.So ordered.
¥oungstoun Farm Limited Partnership:
A request for a variance to the highway plan restriction that pertains to the
300'minimum distance between access points on a Major Collector highway was
considered by the Commission.The consultant for ¥oungstoun Farms explained
that the proposal is to construct a public road entrance approximately 130'
from an existing driveway in order to alleviate safety problems created by
steep grade,turning movements,and sight distance at the location which was
shown on the development plan that received approval in 1976.It was also
noted that the County Engineer supports the proposal to relocate the entrance
for the reasons cited above.
On a motion by Mr.Barnhart,seconded by Mr.Dwyer,the Commission voted to
grant the variance to Section 405.2(a)of the Subdivision Ordinance as pertains
to conformance with the Highway Plan.So ordered.
¥oungstoun Development -Discussion:
In further discussion of issues that need to be resolved with the ¥oungstoun
Development Plan,Jim Witherspoon pointed out that the granting of a variance
to allow relocation of the access road results in significant changes to the
plan that should be reflected in the concept plan as a whole.It was pointed
out that the new entrance would result in lack of a street connection to the
interior traffic circulation system as shown on the original development plan
that received approval by the Commission in 1976.The staff said that it
felt that the revision was a major one and recommended that the concept plan
be revised and recirculated to the approving agencies prior to site plan
submittal.It was suggested that the County Engineer and Fire Marshal in par-
ticular should have an opportunity to review the revision.
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¥oungstoun Development -Discussion,Cont'd:
The consultant said that one of the reasons for the reV1Sl0n was to keep,as
much as possible,the commercial area traffic away from the residential areas
which would tend to channel through the residential section into the other
access road.
The Chair stated the question before the Commission as (1)the granting of
conditional approval based upon approval of the two agencies which are
directly involved (Fire Marshal and County Engineer),or (2),bring the revised
concept plan back to the next Commission meeting after it has received written
approval of the County Engineer and State Fire Marshal.
A motion was made by Mr.Herbst to grant conditional approval to the change in
the concept plan based upon it meeting the approval of the County Engineer and
State Fire Marshal.Unanimously approved.
Relative to the comprehensive traffic study which was referenced in the memoran-
dum from the Planning staff to the consultant,Mr.Witherspoon summarized by
saying that the County Engineer has reviewed the plan and is basically satisfied
with the exception of a small design change.Signalization and channelization
at the intersections is recommended which will be phased into the Capital
Improvements Program.The consultant said that the plan was to go ahead with
the acceleration and deceleration lanes by putting in the curbs and widening
the lanes.The appropriateness of constructing the commercial area of the
development at this time as it relates to provisions of the PR Section of the
'Zoning Ordinance was discussed.The staff feels that it would be unreasonable
to postpone commercial development until all residential units are constructed.
Since one-sixth of the residential units are constructed,construction of
additional units are soon to be undertaken,and approximately 12,000 square feet
of commercial space is scheduled for Phase 1 construction at this time,the
Commission agreed that the site plan could be approved conditionally so that
construction of the commercial area can be proportionally tied in with the
construction of residential units.
Pargas of Hancock,Parcel A,Simplified Plat:
The staff report indicated that the proposed .22 acre conveyance to Hepburn
Orchards by Pargas is for the acquisition of additional land and not for de-
velopment.No development is proposed at the present time and all approvals
have been received with the exception.of written comments by the Town of Hancock.
On a motion by Mr.Herbst,seconded by Mr.Barnhart,the Commission voted to
grant approval contingent upon receipt of approval in writing from the Town of
Hancock.So ordered.
Request for Subdivision -Martin-Marietta:
Mr.John Urner appeared before the Commission representing his client,Martin-
Marietta Company,with a request to allow a proposed acquisition of land through
the Simplified Plat Process from the Kline Paving Company.The parcel that is
to be acquired is zoned Agriculture.The Commission's position in the past has
been that the parcel to be acquired be appropriately zoned,would have to go
to the Board of Appeals for a Special Exception use,ot that the land would
need to be rezoned to a compatible use.
Mr.Urner stated that such a policy which is not written anywhere is difficult
to deal with.Mr.Urner said that the parcel owned by Kline Paving Company is
in Agricultural zoning.Remaining lands of the parcel to be conveyed contain
the Kline Paving Company business.Mr.Urner said that these two business
entities,which have existed long before zoning,have operated in concert without
regard to the boundary line.He said that there are no plans to extend the
quarry operation to the parcel that is proposed to be acquired and that there
will be no change in the use of the land.Mr.Urner stated that if it were
found in the future that Martin-Marietta wished to extend the mining operations
to this parcel,a site plan would then be submitted and a Special Exception
requested of the Board of Appeals or a rezoning of the land requested through
the County Commissioners.Following discussion of the transaction as pertains
to adjacent and abutting lands in conjunction with the requirements of the
Ordinance,it was agreed that provisions for access to the remaining lands of
Kline could be recorded with the deed.
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Request for Subdivision-Martin Marietta,cont'd:
Mr.Hawbaker said that the Commission,in taking action on the request,should
take into consideration the provisions of Section 318 of the Subdivision
Ordinance which states in part,"Other purposes not specified above will be
considered individually by the Commission pursuant to Section 107."
On a motion by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to
grant approval to the request to proceed with submittal of a Simplified Plat
for transfer of property from Kline Paving Company to Martin-Marietta on the
basis of the above stated provisions.So ordered.
COMMUNICATIONS:
Extension Letter for Whytehall Manor--60 Days,and Stone leigh Estates,
Sections Band C--60 Days:
On a motion by Mr.Dwyer,seconded by Mr.Barnhart,the Commission voted to
grant a 60-day extension of time for Whytehall Manor to expire on March 4,
1983 and to Stoneleigh Estates,Sections Band C which will expire on March
30,1983.So ordered.
OTHER BUSINESS:
Rezoning Cases RZ-245 and RZ-246:
Noting that all voting Commission members have either read the transcript of
~he hearing or were in attendance at the hearing held on November 8,1982,and
have reviewed the case files containing staff recommendations and exhibits
submitted at the hearing,the Chair entertained a motion to hear the Commis-
sion's recommendations.
Horn Corporation--RZ-245:
The Commission voted,on a motion by Mr.Barnhart,seconded by Mr.Dwyer,to
make a recommendation to the Board of County Commissioners that Parcels 1 and
2 of RZ-245 be approved as requested and that Parcel 3 of the same rezoning
case be denied.The motion was passed with Mr.Roulette abstaining.
Text Amendment--RZ-246:
On a motion by Mr.Dwyer,seconded by Mr.Barnhart,the Commission voted to
forward a recommendation of approval to the Board of County Commissioners for
RZ-246.The motion carried with Mr.Roulette abstaining.
Planning Organization Membership:
By consensus,the Commission agreed to submit the name of William E.Wolford,Jr.,
to the nominating committee to represent the Washington County Planning Commission
on the Maryland Association of Planners Organization based upon his willingness
to serve in this capacity.
Agricultural Study Task Force:
Associate Planner Catherine Thompson outlined for the Commission a description
of the work program for the Agricultural Study and submitted a list of names
of individuals who have technical experience in the field of agriculture and
essential background information necessary in the completion of the tasks for
certain elements of the study.The Commission directed that Mrs.Thompson
proceed with selection of a task force based upon the list submitted and the
suggestions that have been offered by the Commission depending upon the
individual's willingness to serve.
Discussion:
There being no other items of business on the agenda,Mr.Roulette said that
he had some items of concern to bring up for discussion.
Proposals for Progress:
Mr.Roulette said that he felt there was a serious intent on the part of the
Commissioners to proceed with the report that was done by the Ad Hoc Committee
on the City/County Economic Development in which the Commission has indicated
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Discussion,cont'd:
a desire to participate.Mr.Byers said that no action was taken on the report
by the Commission because they had not been asked to review it and were
awaiting a response from the County Commissioners.
Speed of Process:
Mr.Roulette asked if there would be a possibility of the Commission not deferring
an item of business to the next meeting.He asked if it was an accepted practice
to review an item at one meeting and render a decision at the next.
Mr.Byers said that the Commission has been making a concerted effort to move
things along as quickly as possible.Mr.Roulette asked if the Commission
would be willing to meet bi-monthly if it was determined that there was
enough material to justify two meetings a month.
Mr.Byers said that this matter has been discussed by the Commission and it has
been determined that the 30-day schedule is not burdensome and that the bi-
monthly meetings are not warranted unless some items have to be continued.It
was also stated that the only times matters have been continued is when the
client does not come to the meeting to present his case clearly.Mr.Roulette
asked if there was a time restriction for getting items on the agenda.The
staff said that the deadline for agenda items was the Monday prior to the
Commission meeting in order that all agency letters can be received and plans
reviewed in light of agency comments so that the staff can make a determination
if a subdivision is ready to be considered by the Commission.It was also
pointed out that the deadline has been extended in some cases,and that a
client also has the option to attend a meeting and request to be heard and
added to the agenda by vote of the Commission.
Need for Services in Agricultural Districts:
Mr.Roulette pointed out that there is often a need for services which are not
a permitted use in Agricultural districts and said that some of these residen-
tial areas are large enough to support such services.The staff said that the
change or mistake rule needs to be addressed here since that the rule needs
to be addressed in all rezoning cases or that the uses would have to be listed
in the Zoning Ordinance under Special Exception uses which would then have to
be granted by the Board of Appeals.Also discussed was the possibility of a
review of the entire County under the guidelines of the Comprehensive Plan
after which a comprehensive rezoning of the County might be undertaken where
the change or mistake rule would not have to be addressed.Also discussed
were other aspects of requirements of the Zoning Ordinance.It was agreed
that the staff should undertake a study of some of the options and alternatives
which would be available for review at the next meeting.
Duplex Subdivision:
Mr.Roulette also asked the staff to address the issue of individual ownership
in duplex developments relative to some alternatives as relates to the effevtive-
ness of the policies for the Urban Growth Area.Mr.Dwyer pointed out that he
felt that the statements that were suggested in the Proposals for Progress
touched on the area of providing affordable housing.In regard to the application
for a text amendment,the Commission discussed the time limitations for re-
submittal of an application.It was pointed out that the ordinance specifies
no limitations for text amendments.It was suggested that the staff address
this issue relative to options available under the requirements of Article 66B
and the County Zoning Ordinance.
ADJOURNMENT:
The meeting was adjourned at 10:10 P.M.
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The regular meeting of the Washington County Planning Commission was held on Monday,
February 7,1983 at 7:00 P.M.in the second floor conference room of the County
Office Building with the following Commission members and staff present:
Chairman William E.Wolford,Jr.;Vice-Chairman Jack B.Byers;Michael D.Barn-
hart;Thomas W.Dwyer;Richard E.Roulette;and Donald E.Zombro.Absent:
John C.Herbst.Staff:Executive Director Jack S.Hawbaker;Senior Planner
James B.Witherspoon;Assistant Planner Stephen T.Goodrich;Parks Planner
William V.Stachoviak;Zoning Administrator Paul Prodonovich;and Marion Snyder,
Secretary.
The Chairman called the meeting to order at 7:05 P.M.
MINUTES:
The minutes of the regular Commission meeting of January 3,1983 were amended to
read under "Speed of Process"on page 79 " . . .it has been determined that the
30-day schedule is not burdensome and that two monthly meetings are not warr2.nted
..."The minutes were accepted and approved as amended on a motion by Mr,;)wyeT,
seconded by Mr.Byers.So ordered.
NEW BUSINESS:
Paul L.Kaufman (Fairview Acres Subdivision)Variance Request:
Pastor Paul L.Kaufman appeared before the Commission relative to the subdivision
'of a parcel which is to be purchased from the Fairview Wesleyan Methodist Church
in order to create two new lots.Reverend Kaufman explained that the intention is
to construct single-family dwellings to be used as parsonages for himself and a
future assistant.The church,which would occupy the remainder of the parcel in
question (Lot 11),could then be expanded to utilize space now being used as a
parsonage to accommodate church and sunday school facilities.The request is
being made to provide relief from Section 405.11(B)of the Subdivision Ordinance
which requires all new lots to front a public road.Access is proposed via two
twenty-five foot rights-of-way from Kellan Drive,an interior private road.
Following discussion pertalnlng to configuration of the new lots,Pastor Kaufman
said that he could not provide additional information for placement of the
dwellings until percolation tests have been conducted and lot lines established
accordingly.He assured the Commission that the lots would be arranged to con-
form to lot width regulations and separate access provisions.
On a motion by Mr.Byers,seconded by Mr.Zombro,the Commission voted to grant
approval of a variance to Section 405.ll(B)under Section 107 of the Subdivision
Ordinance as requested with the condition that the plat for recordation contain
the standard note absolving the County from building or maintaining the access
roads to serve the lots.So ordered.
Roy Shockey--Variance Request (Withdrawn):
Addition to Agenda:
At the request of the Executive Director,the Commission agreed by consensus to
add a'3-lot subdivision of land for Merle and Virginia Morris to the evening's
agenda for consideration.
Merle and Virginia Morris--Preliminary and Final Approval:
The plat under consideration is an original 38-acre parcel which was approved
for 4 lots for Edna A.Hartle (#851)under the Simplified Plat process.The
present proposal is to rearrange the plat to provide for 3 single-family dwelling
lots which will be served by access onto Mt.Lena Road.The remaining 26.49
acre parcel will retain two 50-foot access strips,one to the north of Lot 1 and
a second between Lots 2 and 3 for possible future subdivision.
Noting that the proposal has received all agency approvals,the Commission voted
on a motion by Mr.Zombro,seconded by .Mr.Byers,to grant approval to the plat
file.So ordered.
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Vernon L.Smith--Subdivision Application:
The Commission considered an application for the subdivision of land proposed
for a two-family dwelling,each unit of which is to be conveyed to separate
owners.The Executive Director pointed out that as a result of action at the
last Commission meeting,a staff analysis for the subdivision of two-family
dwellings has been prepared and distributed along with the agenda for the Feb-
ruary meeting.The analysis relates to issues that need to be addressed prior
to revision of the Ordinance to provide for what is known as the "grandfather
clause"to allow this type of subdivision in some developments and restricting
it in others.The Chairman asked if the Commission wished to discuss the staff
analysis concurrently with the proposed subdivision or as independent items.
It was pointed out that the application for subdivision was not directly related
to the text amendment to the Zoning Ordinance that was submitted by the Home
Builders Association which has been heard by the County Commissioners and sub-
sequently denied.Mr.Roulette said that it was his understanding that the
Commissioners had asked to be presented with some alternatives for allowing
this type of development to take place in the future and that based upon this
not having been done,the plat could not be considered at this time.
The Chairman said that a specific text amendment had been taken to the CommissianeY5
and denied,and that having taken that action,referred the matter back to the
Planning Commission to investigate the matter and study the alternatives with
certain considerations to be made.He pointed out that the County has an existcbg
Subdivision Ordinance which permits two-family dwellings under which the Smith
plat has been submitted,and suggested that the staff analysis be considered
.first.The Executive Director said that proposed text could be prepared for the
Subdivision Ordinance stating that two-family dwellings may be subdivided in
all new subdivisions that were approved after a certain date,but that other
concerns also need to be addressed.
A discussion ensued relative to matters such as the prohibition of separate owu:[··
ship of two-family dwellings,the provisions of Article 66B as it relates to
the uniform application of zoning regUlations,and case law in the matter of
property ownership relative to zoning.Also discussed was the permissibility of
two-family dwellings in existing developments where deed restrictions or Home-
owner's covenants may preclude duplex housing.Paul Prodonovich,Zoning
Administrator,expressed concerns that the subdivision of two-family dwelli"zs
would be creating two lots that could not meet either the requirements of tLo
Subdivision Ordinance or of the Zoning Ordinance,and should require a rulin!,
by the Board of Appeals or be provided for by revision of the Ordinance.
Mr.Roulette suggested that a proposal be made to the County Commissioners as
pertains to the construction and ownership of two-family dwellings who would
then refer it to the County Attorney for his review.By consensus,the Commis-
sion agreed to instruct the staff to submit proposals,in conjunction with the
Zoning Administrator,to accomplish specific recommendations for new subdivisions,
taking into consideration suggestions made by the staff relative to revision of
the definitions in Article 28 and Sections 7.1, 7.5,8.5,and 9.5 of the Zoning
Ordinance to bring back to the Commission for consideration at the next meeting.
The Executive Director said that the subdivision application for Vernon Smith
requires action in view of the 6D-day limitation under which the Commission is
required to act,pointing out that there are no time restrictions for resubmission
of the plat should the application be denied.
The Commission voted,on a motion by Mr.Barnhart,seconded by Mr.Dwyer,to
disapprove the application for subdivision by Mr.Smith on the basis of concerns
that have been expressed by the Department of Permits and Inspections in regard
to the plat's conformance to the interpretation of the Zoning Ordinance.rhe
motion carried with Mr.Byers abstaining.It was requested that the applicffilt
be notified of the reasons for denial referring to the letter from the Depe.rtn,.ent
of Permits and Inspections and informing him of his option to resubmit the plat
without de lay.
P &W.Excavating,Inc.,Site Plan:
The staff report indicated that the 5-acre site proposed to be utilized is
situated on the west side of Md.Route 63 north of Huyetts Crossroads and is
to be used for the extraction of shale which will be removed from the site and
used for construction purposes.The staff reported that the application file
contains a Board of Appeals decision to grant a Special Exception in the Agri-
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P &W Excav~ting,Inc.,Site Plan,cont'd:
cultural District for mineral extraction for which an excavation plan has been
submitted.All agency approvals have been received with the exception of WRA
approval which awaits a decision by the Commission.
On a motion by Mr.Dwyer,seconded by Mr.Zombro,the Commission voted to vnmt
approval to the Site Plan for the purpose of mineral extraction.So orderod.
Water and Sewer Plan Amendment--Charles Davis:
The Commission voted,on a motion by Mr.Byers,seconded by Mr.Dwyer,to g~ant
approval of the request made by Charles Davis to change the classification of
his property located north of Smithsburg,from W-7,S-7 to W-I,S-l in the
Washington County Water and Sewerage Plan,to which services have already been
extended.So ordered.
CORRESPONDENCE:
Extensions of Time:
On a motion by Mr.Dwyer,seconded by Mr.Byers,the following subdivisions were
granted extensions of time for consideration as indicated below:
Whyte Hall Manor--60 days;David Ankeney Farm,Lot A--60 days;Greenspring
Hills,Section IV--60 days;and Annabelle Himes--90 days.So ordered.
OTHER BUSINESS:
.Maryland Citizen Planners Association:
For the information of the Commission,an announcement in regard to the Maryland
Citizen Planners Association's initial meeting was distributed along with t;lO
Newsletter of the Department of State Planning.
Commission Quorum and Decisions:
The Executive Director reported that the question of Commission members vOt~H&
following a public hearing where a quorum was not in attendance is under con-
sideration by the County Attorney and that a written response is expected
prior to the date of the next public hearing.
Park Design Status:
Bill Stachoviak,Parks Planner,presented an alternate concept plan for thb ="_~_
Spring Park and a revision to the South County Park Plan.He said that the
Clear Spring Park plan has been revised to show additional land,the acquisitiull
of which has been endorsed by the Parks Board and which is expected to be ,coci""j
upon by the County Commissioners in the near future.The South County ParI:;'lc,,,
has been revised due to more detailed soil tests which resulted in moving tho
interior roadway.This concept is the initial phase of the development an'h.c,s
not as yet been reviewed by the Parks Board.The Commission suggested that ,:
jogging-exercise track could be added with very little additional expense.
Comprehensive Plan Implementation:
Agricultural Land -The Executive Director reported that a task force for ·cc12
Agricultural Study has been established and an initial meeting scheduled fol:'
February 10 at 1:15 P.M.A list of the final task force assemblage has be en
mailed with the Commission agenda.
Urban Growth Area -It was reported that the Urban Growth Area Committee h,.'s
completed their draft report and that the tentative schedule will allow the
County and City Planning Commissions about one month for review after whic;'.
a joint meeting of the two bodies will be scheduled.Following that,the
report will be forwarded to the County Commissioners.It is proposed also ·:0
send the report to the agencies involved to have their comments prior to tho
joint meeting.It was suggested that the County Commissioners and municipal
officials be updated in the near future if they so desire.
Amended Work Schedule -The maj or proj ects for implementation of the Comp:uo"or:
si ve Plan were reviewedasproj ected on the revised work schedule as follows:
UGA -scheduled for completion in March with the other municipal growth are,'"
scheduled for completion by the end of 1983.
PUD -will be ready for the third rezoning cycle in July.
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Agricultural Study -Scheduled for July,1984.Rural Development scheduled
to be completed by the end of 1983.The staff explained that the Agricultural
Study project is two separate items,the first being the identification of
pri"le agricultural land after which the second phase will be development strat-
egy for preservation of prime agricultural land,working with the task forcG.
Development proposals in the rural areas will be aimed at developing policias
to insure that development that takes place is appropriate for the area.
Mineral Extraction - A draft background study is complete.Proposed ordinance
amendments are expected to be ready for the second rezoning cycle.
Land Use -includes updating of the land use maps utilizing the aerial photos
with verification in the field.Transportation -will be a follow-up on
recommendations in the Growth Area Study.Education -proposes incorporation of
site plan review process for institutional uses in agricultural areas.Water
~~-is an item which calls for water quality sampling.The "add-ons"include
Industrial Development (of which one item would be to more adequately define
the HI Districts),Housing,and Commercial.These items can be put into higher
priority as work progresses.A working paper was distributed relative to sug-
gested procedure to evaluate the need for commercial land in Rural Areas.It
was felt that recommendations could be made in this regard prior to an evaluation
of commercial development throughout the entire County.Also discussed was the
process involved in locating new industry in the County relative to the indus-
trial section of the Comprehensive Plan.The staff reported that a meeting is
to be held with the Director of EDC this week to discuss the Plan revision rela-
tive to industrial sites in the Growth Area which are still to be identified.
The Commission voted to adopt the work schedule as presented,recognizing that
.it can be resubmitted for revision as new information is developed during work
progression.The motion was made by Mr.Dwyer,seconded by Mr.Zombro.So ordereci.
Rezoning Cases for March 14:
The Executive Director reviewed text amendment proposals for the next rezoning
hearing scheduled for March 14,and asked for endorsement of the proposed
changes to the Zoning Ordinance.
Discussed were proposals for text changes to Article 27 relative to administra-
tive procedures for hoding public hearings;Section 25.7,Disapproval of Application;
Section 28.37(b),Definition of Lot,Front Of;Section 28.57,Special Exception
definition;and Section 25.3,having to do with Board of Appeals Administration,
Organization,and Technical Review.
By consensus,the Commission endorsed the proposed text amendments as presented,
recognizing that further modifications may be made prior to holding of a public
hearing.
Proposals for Progress:
It was reported that the County Commissioners have responded to the Chamber of
Commerce asking that the Proposals for Progress report of the Ad Hoc Committee
be resubmitted.The Committee has since made specific proposals which are under
review by the City of Hagerstown.
Project Review Coordination:
The Executive Director distributed a list of items which the staff felt should
have been referred to either the Planning Commission or Planning Staff by the
County Commissioners for review as relates to the Land Use Plan prior to taking
action.It was suggested that a request be made to the Commissioners that matters
of concern having to do with land use be sent to the Planning Department for review.
It was suggested that a copy of the Commissioner's agenda be sent to the Planning
Department as a matter of information.
Junkyard Screening:
The Executive Director distributed copies of the site plan which was previously
considered by the Commission for a proposed warehouse on the Grimm property
located on Route 64.At that time,a possible agreement between the County and
the State for landscaping of the area was discussed.
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Junkyard Screening,cont'd:
Mr.Hawbaker submitted for review a landscape plan which was prepared in con-
junction with the State Highway Administration which proposes deceleration
lanes,proper entrance width,fencing,and removal of junk vehicles from the
State right-of-way.The plan proposed screening with evergreen trees along
the swale within the right-of-way with very little cost involved which would
be accomplished as a cooperative effort between the State and County.It
was requested that the Commission endorse the proposal for presentation to the
Board of County Commissioners for their consideration.
On a motion by Mr.Dwyer,seconded by Mr.Zombro,the Commission voted to
support the proposal for persentation to the County Commissioners.So ordered.
ADJOURNMENT:
There being no further business,the Chairman adjourned the meeting at 11:20
P.M.
MEETINGS:
The next regular meeting of the Commission will be held on March 7,1983.A
rezoning hearing is scheduled for March 14.
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William E.WolfordU Jr.U Chairman
The regular meeting of the Washington County Planning Commission was held on
Monday,March 7,1983 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;
Michaed D.Barnhart;Thomas W.Dwyer;John C.Herbst;Richard E.Roulette;and
Donald E.Zombro.Staff:Executive Director Jack S.Hawbaker;Senior Planner
James B.Witherspoon;Associate Planner Catherine T.Thompson;Assistant Planner
Stephen T.Goodrich;and Marion Snyder,Secretary.
The meeting was called to order at 7:00 P.M.
MINUTES:
The Minutes of the regular Commission meeting of February 7,1983 were approved
and accepted as presented on a motion by Mr.Dwyer,seconded by Mr.Zombro.
So ordered.
NEW BUSINESS:
Requests for Variances:
Robert Teunis--Garrison Woods,Lot 1:
A request for a variance to create two lots with less than the required 25'of pub-
lic road frontage was presented by William J.Teach and Associates for Robert
Teunis.The applicant proposes to create two building lots from existing Lot 1
and a portion of Lot 4 in the Garrison Woods subdivision which was approved for
development on August 9,1979.The existing 37'panhandle which now serves Lot 1
will be split into two 18 1/2'panhandles for each of the two new lots,Lots 1
and I-A,from Garrison Hollow Road,which is classified as Local in the Highway
Plan.A portion of existing Lot 1 is proposed to be conveyed by deed to the
remainder of existing Lot 4 because of the location of an existing entrance for
Lot 4.
A motion was made by
variance.Following
ways,the motion was
for Lots 1 and I-A.
Mr.Herbst,seconded by Mr.Zombro,to grant approval of the
a brief discussion as pertains to the two panhandle entrance-
amended to include a provision for one common point of acceSs
So ordered.
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Boonsboro Rescue Service:
A request for a variance to the requirements of the Highway Plan for the 500'
distance specification between access points was presented by consultant Robert
Whitesell on behalf of the Boonsboro Volunteer Ambulance and Rescue Service.
Should a new access be granted from U.S.Alt.40,it will serve a proposed
3 acre subdivision to be conveyed from John D.Reese to the Boonsboro Rescue
Service.The remaining lands of Reese could meet separation requirments
depending upon the location of the driveway for the Ambulance Service.The
staff pointed out that the owner is aware of this situation and that a similar
variance was granted for the Citizens Bank of Keedysville on the west side of
Alt.Route 40 on January 5,1981 after the bank had been constructed.
The Commission voted,on a motion by Mr.Roulette,seconded by Mr.Byers to
grant the variance as requested.So ordered.
Robert H.Milburn:
A variance request to allow conveyance of a lot without public road frontage
(Md.Rt.34 within the municipal boundaries of Keedysville)was reviewed.Mr.
Milburn proposes to provide access to the new lot to be conveyed using a right-
of-way over the northeast boundary of his property rather than running a fee
simple panhandle along the same property line.The staff pointed out that a
preliminary consultation should be held for this subdivision because it is the
8th lot to be developed from the lot of record.The staff recommended disapproval
of this request.
"Following discussion as pertains to ownership of the right-of-way,in which Mr.
Townsley,consultant,said that Mr.Milburn wants the driveway at the proposed
location in order to retain the prime agricultural land along the front of his
property and is in agreement to building a driveway on his property and maintain
it for the new lot,the Commission voted,on a motion by Mr.Herbst,seconded by
Mr.Zombro,to grant the variance request.The Commission specified that a
maintenance agreement should be clearly spelled out by a note on the plat to
absolve the County from building or maintaining the private road.The motion
carried with Mr.Barnhart voting "Nay".
John S.Shank--Rocky Spring Acres,Section A-I:
The Commission considered a variance to the requirements of Section 314.5 of the
Subdivision Ordinance which requires that a plat submitted for Preliminary/Final
approval have lots numbered in sequential numerical order.Numerical sequence
wi 11 be in proper order at such time that Section A-2 of Rocky Spring Acxes is
submitted.On a motion by Mr.Herbst,seconded by Mr.Roulette,the Commission
voted to grant the variance as requested.So ordered.
Subdivision Plats:
Stoneleigh Estates,Section "C":
The staff report for the proposed 9 lots shown on the plat indicated that it is
in conformance with the concept plan which was approved by the Commission on
January 5,1981 and that all agency approvals have been received.
On a motion by Mr.Zombro,seconded by Mr.Dwyer,the Commission voted to grant
Preliminary and Final Approval to the plat file as requested.So ordered.
John R.Oliver Company,Inc:
On a motion by Mr.Dwyer,seconded by Mr.Roulette,the Commission voted to grant
Preliminary and Final approval to the plat file noting that it meets the require-
ments of all applicable ordinances and has received all pertinent agency approvals
as indicated by the staff report.So ordered.
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OTHER BUSINESS:
Site Plans:
H.B.Mellott--Hancock Quarry--Industrial Site Plan:
The staff report indicated that the industrial site plan is for a second expan-
sion of the limestone quarry of the H.B.Mellott Estate at Hancock,located
northwest of the intersection of 1-70 and U.S.40 on the north side of Creek
Road.The staff has recommended that the plan be revised to comply with the
requirements of Section l5.2(b)of the Zoning Ordinance in regard to pit
limits,indicate that no stockpiling will occur on lands zoned Conservation,
and to add the fence cross sections C-Cl and A-AI.(reference was made to
the memorandum from the staff to the Zoning Administrator dated February 23,
1983).The developer has agreed to these revisions.It was also noted that
the access road from Creek Road to the pit is to be relocated slightly to the
east and regraded.Creek Road and Sandy Mile Road are inCluded in the rehabil-
itation program of the 1984 sumitttal of the CIP Program.No houses are
situated in the immediate vicinity of the quarry.All agency approvals have
been received with the exception of Soil Conservation Service and the Surface
Mining Division of Water Resources Administration.
On a motion by Mr.Dwyer,seconded by Mr.Herbst,the Commission voted
approval to the site plan conditional upon receipt of approval letters
the Soil Conservation Service and the Water Resources Administration.
Londontowne,Section "A"--Residential Site Plan:
to grant
from
So ordered.
Daniel M.Sheedy,developer,and his consultant William J.Teach,appeared
"before the Commission to request site plan approval for lots 191-210 of the
Londontowne Section A development which was previously designated for the
development of townhouses.The present site plan concept proposes 20 rental
apartments to be constructed on the original existing townhouse foundations.
Staff review indicated that the existing parking spaces have direct access to
Abbey Lane and do not comply with Section 22.12 of the Zoning Ordinance.An
additional parking lot is proposed on the plan that provides a total of 45
parking spaces.The staff recommends approval conditioned upon:1.Waiving
of requirements of Section 22.12 relative to off-street parking and direct
access to a public road;2.Use site plan as a preliminary plat with sub-
mittal of a record plat to be approved administratively and to include:
a).Note to the effect that the management will maintain open space,tot
lot,and parking area,and b).County right of way shown 35'from the centerline
of Abbey Lane.
Residents of the Londontowne area appeared to protest approval of the site plan
stating objections to the construction of the apartment units,to the existing
parking conditions on Abbey Lane,and to lack of maintenance of the open space
areas and sidewalks.A petition was submitted for the record with signatures of
approximately 80%of the area residents.Mr.Sheedy explained that he has
regained.ownership of the lots in question and is agreeable to the formation
of a Homeowner's Association in which he would actively participate.He said
also that he is agreeable to accepting responsibility for open space and other
maintenance improvements.Following this discussion,the Commission voted,on
a motion by Mr.Herbst,seconded by Mr.Zombro,to approve the proposal,
recognizing the existing parking situation on Abbey Lane,and asked that the
site plan be submitted as a preliminary plat to be circulated for agency review
and approval.Contingent upon this review to the satisfaction of the approving
agencies and as pertains to concerns expressed by the staff,the plat may be
granted final approval administratively.So ordered.
Highland Manor--Preliminary Consultation--Concept Plan:
For the information of the Commission,a review of a preliminary consultation
that was held for Highland Manor,a Planned Residential Mobile Home Park,on
January 11,1983,was reviewed by the staff.At the preliminary consultation
it was agreed by the participating agencies that the preliminary plan would be
adequate for presentation purposes at the public hearing which is required for
amendment of the official development plan.The proposal for amendment is
scheduled to be heard by the Planning Commission on March 14.No action was
required at this time.
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CORRESPONDENCE:
Extensions of Time for Stoneleigh Estates,Section Band Tilghmanton Heights:
Extensions of time for consideration by the Commission were granted for Stone-
leigh Estates,Section B--60 Days,and Tilghmanton Heights--60 Days.Motion
to grant the extensions was made by Mr.Zombro,seconded by Mr.Byers.So
ordered.
OTHER BUSINESS:
Comprehensive Plan:
Agr~cultural Study Task Force:
Copies of the minutes of the first meeting of the Agricultural Task Force which
was held on February 10,1983,a progress report on the Agricultural Preserva-
tion Study being conducted by the Department of State Planning,and a paper
titled "The Relationship of State Development Planning to Agricultural Preser-
vation in Maryland"by Constance Leider,Secretary of State Planning,were
distributed to the members for their information.A recommendation was made
by Catherine Thompson that Mike Barnhart be appointed to chair the Agricultural
Committee Task Force.
On a motion by Mr.Byers,seconded by Mr.Dwyer,the Commission appointed Mr.
Barnhart Chairman of the Agricultural Committee Task Force.So ordered.
Urban Growth Area Study:
The Executive Director stated that the Urban Growth Area Study is in the final
stages of completion and asked that a date be established for a joint meeting
to be held with the City of Hagerstown,Williamsport,and Funkstown Planning
Commissions and suggested a tentative meeting date for March 21.Following
this meeting,which would result in an agreement of the listing of priority
items to be included in the report,a presentation will be made to the Board
of County Commissioners and municipal elected officials.Jim Witherspoon said
that a list of the priority items yet to be agreed upon,will be included in
the report and some sort of recommendation for follow-up work and areas of
responsibility for implementation of these items.The Chairman commended the
Study Committee for their work and touching on all of the items mentioned in
the Proposals for Progress Report which was prepared by an AdHoc Committee of
the Chamber of Commerce that relates to matters of concern pertinent to the
Growth Areas.
Duplex Text Amendment:
As a result of previous discussions by the Commission and instruction to the
staff to prepare proposals as relate to a text amendment to the Zoning Ordinance
for duplex housing,an alternative method of dealing with the question'has been
prepared by the staff for consideration.It was pointed out that an[approach
has been suggested that is already existing in the Zoning Ordinance as relates
to the Semi-Detached Dwelling definition in Ar.ticle 28.It was recommended that an
arlditx0nbe made to Section 7.1,Principal Permitted Uses to include Semi-
Detached Dwelling and to Sections 6.5,7.5,and 9.5,having to do with Lot Area,
Lot Width and Yard Requirements.The Executive Director recommended that the
proposed amendment be forwarded to the County Commissioners recognizing that
it could be revised or restructured to include wording as pertains to single-
family subdivisions that have already been approved.
On a motion
the staff's
and action.
by Mr.Dwyer,seconded by Mr.Herbst,the Commission voted to forward
recommendations to the County Commissioners for their consideration
The motion carried with Mr.Byers abstaining.
Letter from Leroy R.Burtner,EDC:
For the information of the Commission,the Executive Director distributed a
memorandum from Leroy R.Burtner,Executive Director of the Economic Development
Commission,relative to a discussion held by the staff with Mr.Burtner as pertains
to implementation of the Industrial Development Section of the Comprehensive Plan.
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FY'84 Budget:
The Executive Director distributed copies of the proposed FY 1984 annual budget
request of the Planning Department.The current fiscal budget represents a
1 1/2 %increase over the budget request for FY'83.
On a motion by Mr.Dwyer,seconded by Mr.Byers,the Commission voted to endorse
the Fiscal Year 1984 budget request for presentation to the Board of County
Commissioners.So ordered.
ADJOURNMENT:
The meeting was adjourned at 10:15 P.M.
William E.Wolford,Jr."
tJ;L "'J/.-I''--'".v :
The regular meeting of the Washington County Planning Commission was held on
Monday,April 4,1983 at 7:00 P.M.in the second floor conference room of the
.County Office Building.
The meeting was called to order with the following members and staff in atten-
dance.Chairman William E.Wolford,Jr.;Vice-Chairman Jack B.Byers;Michael
D.Barnhart;John C.Herbst (arriving at 7:30);Richard E.Roulette;and
Donald E.Zombro.Staff:Executive Director Jack S.Hawbaker;Senior Planner
James B.Witherspoon;Associate Planner Catherine T.Thompson;Assistant
Planner Stephen T.Goodrich;and Marion Snyder,Secretary.Absent:Thomas
W.Dwyer.
MINUTES:
The minutes of the regular Commission meeting of March 7,1983 were approved
as written on a motion by Mr.Zombro,seconded by Mr.Byers.So ordered.
Variance Request (Withdrawal):
A variance request that was submitted by Fox and Associates,Inc.,for Lewis
Coss was withdrawn.
NEW BUSINESS:
Subdivisions:
Melvin A.Grim and Lois L.Youngbar -Preliminary and Final Plat:
Noting that the three lot single family residential subdivision,situated on
the Clevelandtown Road has met all agency requirements and meets the standards
set forth in the adopted Highway Plan,the Commission voted to grant Prelim-
inary and Final Approval to the plat file on a motion by Mr.Rou1ette,
seconded by Mr.Zombro.So ordered.
Highland View Estates -Final Approval:
Jim Witherspoon discussed a memorandum from the County Engineer,dated March
28,1983 relative to sight distance improvements at the intersection of Mt.
Aetna Road at Md.Route 66 as prepared by the developer's consultant which
would satisfy Engineering requirements and release the developer from any
further responsibility with regard to improvements to Mt.Aetna Road.The
agreement between the County Commissioners and the developer in this regard
is to be resolved at the Board's AprilS meeting.The memorandum further
stated that the bridge over Beaver Creek on Mt.Aetna Road should be improved
regardless of any further development and therefore has been included in the
Capital Improvements Program for Bridge Repair and Replacement.
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Highland View Estates -Final Approval,Cont'd:
On a motion by Mr.Roulette,seconded by Mr.Zombro,the Commission reiterated
their instructions that the plat be approved administratively at the staff
level on the condition that all agency requirements have been satisfied.So
ordered.
Agricultural Preservation Districts:
Karin H.Engstrom -AD-83-l:
Steve Goodrich reported on action taken by the Agricultural Advisory Board which
recommended disapproval of the application for an Agricultural Preservation
District by Karin H.Engstrom based upon the application's failure to meet
soil criteria and due to development in the area.
A motion was made by Mr.Barnhart,seconded by Mr.Byers to forward a recom-
mendation of disapproval for AD-83-l.Following further discussion,the motion
was withdrawn and a new motion was introduced by Mr.Barnhart,seconded by
Mr.Byers,to forward a recommendation to the Board of County Commissioners
that the Commission finds no inconsistency with the Comprehensive Plan for
the application but feels that this property would not be a prime candidate for
easement consideration because of the density of residential development to the
west,the industrial development on parcels to the east,and lands zoned "P"
owned by the Town of Williamsport to the south.So ordered.Mr.Herbst abstained.
Joseph M.and Kathleen M.Wiesenbaugh -AD-83-2:
On a motion by Mr.Zombro,seconded by Mr.Roulette,the Commission voted to
forward to the Board of County Commissioners,a recommendation of approval of
the application based upon there being no conflict with the policies of the
adopted Comprehensive Plan.So ordered.
COMMUNICATIONS:
Letter from County Attorney,Re:Administrative Procedures Act;
For the information of the Commission,Mr.Hawbaker brought to its attention
a letter from the County Attorney which stated the opinion that the Washington
County Planning Commission is not subject to the State Administrative Pro-
cedures Act.This legal opinion is in response to an inquiry by the Planning
Department on January 21 as pertains to clarification of decisions of an
administrative body following public hearings in the absence of a quorum.
OTHER BUSINESS:
Commercial Uses in Rural Areas:
As a result of the Commission's instruction that the staff look into the feasi-
bility of providing for commercial uses in the rural areas of the County,the
Executive Director presented proposed changes to the Zoning Ordinance as
relates to Section 6.1,Principal Permitted Uses to permit a limited number
of commercial uses in the Agricultural District and also to Section 4.3
relative to Expansion of Non-Conforming Uses.These proposed amendments were
prepared by the staff on the basis of a memorandum by Jim Witherspoon dated
January 27,relative to short-term and long-term solutions in evaluating the
need for commercial zoned lands in the Rural/Agricultural Districts.
The Commission felt that the list of commercial uses which were suggested to
be added to the list of principal permitted uses in Section 6.1 was not broad
enough and could be expanded to include other services which might be appro-
priate for these areas.It was suggested that the proposal be brought back
to the next meeting for specific recommendations by the Commission as to
what uses should be proposed to the text amendments to the Zoning Ordinance
to be submitted for the scheduled rezoning cycle in June.
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Robinwood Court -Water Pressure:
Senior Planner Jim Witherspoon discussed letters from the Funkstown Volunteer
Fire Company signed by A.Larry Iseminger,Jr.,Fire Protection Engineer,and
W.Kyd Dieterich,Fire Chief,and a memorandum from William M.Breichner,
Superintendent of the Hagerstown Water Department,which disapproves the latest
submittal of the Youngstoun Development known as Robinwood Court,a combined
multi-family residential and commercial addition to the Youngstoun development.
In the process of asking for agency approvals the consultant and the developer
have discovered a major problem with the water supply in the area that in-
cludes the Junior College Complex and the new Stone croft mid-rise apartments
for the elderly,as well as the deficiencies at Youngstoun.Mr.Breichner
has indicated that approval can be given by the Water Department only upon
improvements to the water distribution system by completing the loop of the
system and extending the 8"main in Robinwood Drive to the 12"line that
feeds the Londontowne,Section 'AI development.The projected cost of the
improvement is approximately $350,000.
William J.Teach,consultant,said that he has suggested the provision of an
in-line storage tank at the Youngstoun complex to supplement the municipal
system which is an acceptable immediate solution to provide an adequate water
supply for the existing and proposed Youngstoun development so far as the
Funkstown Volunteer Fire Company is concerned,but it was pointed out that
other commercial areas would still have inadequate water supply for fire
protection purposes.They have recommended to the Board of County Commis-
sioners that consideration be given to completion of the inter-connection to
the water system supplied from Route 40 to create a looped system.The
staff said that it was felt that this would be an opportunity for something
concrete to occur as far as the recommendations of the Urban Growth Area
report is concerned which suggests that the government should provide some
of the up-front costs for some of these major utilities with the provision
that there be a system set up where some of these costs could be recouped
over a period of time from the development and other developments as they
occur.The Commissioners have not had an opportunity to review the report
and have not endorsed the idea,nor has there been a workable system for
cost recovery set up to which everyone agrees.
Following further discussion with the developer,his consultant,and the
staff,the Commission voted,on a motion by Mr.Herbst,seconded by Mr.
Barnhart,to make a recommendation to the County Commissioners that the
situation be studied as a high priority item with the participation of all
parties involved.So ordered.
Rezoning Cases -RZ-244;RZ-247 through RZ-252;and Tom M.Davis-Mobile Home
Park:
Highland Manor Mobile Home Park:
The Commission reviewed the concept plan for a mobile home park in Highland
Manor that was presented in public hearing on March 14.The hearing was
required because a mobile home park is a departure from the previously
approved concept for a planned residential development in a PR District.
It was also brought to the attention of the Commission that two letters were
received during the ten day period in which the record of the public hearing
was held open that stated objections to the mobile home park concept of
development.The staff has recommended that the concept plan revision be
forwarded to the County Commissioners with a recommendation of approval.
A motion was made by Mr.Herbst,seconded by Mr.Zombro,to forward the
reV1Slon to the concept plat to the County Commissioners with a recommen-
dation of approval.
Mr.Barnhart and Mr.Roulette were not at the public hearing on March 14,and
Mr.Herbst had arrived at 7:30 after the case was heard.Therefore,a quourm
of voting members was not in attendance and as a reSUlt,the motion for
approval was withdrawn.
Following an intermission during which time Mr.Herbst read the transcript
of the public hearing,the motion was reintroduced by Mr.Herbst,seconded
by Mr.Zombro,to forward a recommendation of approval to the Board of County
Commissioners.The motion carried with Mr.Barnhart and Mr.Roulette ab-
staining.So ordered.(Mr.Roulette left the meeting at 9:15 P.M.)
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Rezoning Cases,Cont1d:
RZ-244 -Orville M.and Pearl E.Ernst -'A'to 'BL':
On a motion by Mr.Herbst,seconded by Mr.Zombro,the Commission voted to
forward a recommendation of approval to the Board of County Commissioners
based upon there having been a mistake in the original zoning.So ordered.
Mr.Barnhart abstained.
RZ-247 -Blaine and Santmyer -'A'to 'PR':
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission voted to
forward a recommendation for disapproval of the request based upon the findings
and recommendations of the staff report which found no change in the character
of the neighborhood nor a mistake in the original zoning.So ordered.Mr.
Barnhart abstained.
RZ-248 through RZ-252 -Text Amendments:
Following discussion of RZ-248 relative to Article 27,Procedure for Amendment,
the Commission agreed to withdraw this proposed amendment for further study
incorporating the findings of the Urban Growth Area Study Committee Report.
RZ-249 :
On a motion by Mr.Byers,seconded by Mr.Zombro,the Commission voted to
forward a recommendation of approval to the Board of County Commissioners as
relates to Section 25.3 of the the Zoning Ordinance pertaining to technical
assistance to the Board of Appeals.So ordered.
RZ-250:
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission voted to
withdraw the proposed text amendment to Section 25.7 of the Zoning Ordinance
as pertains to Disapproval of Application by the Board of Appeals.So ordered.
RZ-25l:
On a motion by Mr.Herbst,seconded by Mr.Zombro,
forward a recommendation of approval to the County
28.37(b)relative to definition of Lot,Front-Of.
RZ-252:
the Commission voted to
Commissioners for Section
So ordered.
Following discussion of the proposed text amendment for Section 28.57 of the
Ordinance.relative to definition of Special Exception,the Commission agreed
to hold the amendment proposal in abeyance for further action until a response
is received from the State Planning Department's Attorney for further infor-
mation and review.So ordered.
Comprehensive Plan:
Urban Growth Area Study:
A joint meeting of the representatives of the Planning Commissions of Hagerstown,
Town of Funkstown,and the County has been held on the Urban Growth Area Com-
mittee report.Mr.Dwyer,Chairman of the Study Committee,indicated by phone
that he felt that the Chairman of the County Planning Commission should make
the presentations to the elected officials.It is the intention of the
Commission to present the document to the County Commissioners as soon as a
date can be scheduled on the Commissioners'agenda.The Chairman and a staff
representative will be making a presentation to the City of Hagerstown Council
on April 26 and to the Funkstown elected officials on April 11.A date for
Williamsport is to be arranged.
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to
approve the report of the Urban Growth Area Study Committee,dated March 24,
1983 with a recommendation to the County Commissioners that they approve it.
So ordered.
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Urban Growth Area Study,Cont'd:
The Chairman said that the Study group needs to be commended for an excellent
report and that the process has been a model for other groups that have been
appointed to assess certain areas of responsibilities to hopefully reach the
same results that this group did.The Chairman also suggested that each of
the individual participating members need to be commended by the Commission
and thanked for the excellent report in meeting the concerns and needs that
have been addressed.
Mineral Extraction:
The staff reported that the draft of the Mineral Extraction element is com-
plete and has been sent to all parties of interest for comment.It is
expected that the report will be ready for Commission review in May.
Agricultural Study:
The minutes of the last meeting on March 10 of the Agricultural Study Com-
mittee have been distributed to the Commission.The next meeting is
scheduled for Thursday,April 14.
ADJOURNMENT:
There being no further business,the meeting was adjourned at 10:30 P.M.
William E.Wolford,Jr.~Chijirman
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING MAY 2,1983
The regular meeting of the Washington County Planning Commission was held on
Monday,May 2,1983 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
Commission members and staff present:Chairman William E.Wolford,Jr.;
Vice-Chairman Jack B.Byers;John C.Herbst (arriving at 7:25);Richard E.
Roulette;Donald E.Zombro.Absent:Michael D.Barnhart and Thomas W.Dwyer.
Staff:Executive Director Jack S.Hawbaker;Senior Planner James B.Wither-
spoon;Associate Planner Catherine T.Thompson;Assistant Planner Stephen T.
Goodrich;Parks Planner William V.Stachoviak;and Marion Snyder,Secretary.
MINUTES:
The minutes of the regular Commission meeting of April 4,1983 were approved
and accepted as received on a motion by Mr.Zombro,seconded by Mr.Byers.
So ordered.
NEW BUSINESS:
Reguests for Variances:
William Hancock -Withdrawn.
Warren Martin:
The Commission heard a request for a variance to the requirements of Section
405.11.B of the Subdivision Ordinance to permit conveyance of a .5 acre par-
cel of land to Mr.Martin from Cora Charlton.The parcel,situated to the
rear of Mr.Martin's existing auto repair garage,is proposed to have access
over an existing 16'farm lane which serves the remainder of the Charlton
property.The staff report pointed out that a proposal to attach a 25'pan-
handle from the parcel containing the garage to serve the new lot would be
in conflict with the Highway Plan as pertains to the required 300'separation
requirement for new driveways on Maugans Avenue (Major Collector).The staff
has recommended approval of the request.
On a motion by Mr.Roulette,seconded by Mr.Byers,the Commission voted to
grant the variance request as proposed.So ordered.
Edward Groves:
A request for a variance to the requirements of Section 405.11.B.of the
Subdivision Ordinance was heard as it relates to creation of a proposed lot
which would have access over a 50'right-of-way to be reserved for possible
construction of a future county road to serve development on the remaining
acreage owned by Mr.Grove.The proposed right-of-way would branch from an
existing 16 1/2'lane which now serves 5 dwellings on other lots to the rear.
Mr.Grovffiexplained that this option has been chosen over the possibility of
a 25'panhandle lot because of the possibility of future development on
remaining lands and due to problems with drainage to the east on his property
fronting along College Road.The staff has not recommended approval because
of the possibility of having direct access to College Road.
On a motion by Mr.Zombro,seconded by Mr.Byers,the Commission voted to
waive the 25'road frontage requirement and grant the variance as proposed
based upon a notation being placed on the plat of record that the 50'reserve
area is proposed for a future County road.So ordered.
Fred Gaylor:
A request for a variance to the requirements of Section 405.11.B of the Subdi-
vision Ordinance was bonsidered in which it is proposed to .subdivide a new
lot situated in the southwest quadrant of the intersection of Wright Road and
Maryland Route 63.Mr.Gaylor proposes access to Wright Road via a private
driveway which serves an existing dwelling to the rear of his property.Other
lots having useable road frontage are also proposed.Mr.Gaylor has cited
extreme topography along Md.Route 63 as the hardship which precludes direct
access to the lot.
On a motion by Mr.Zombro,seconded by Mr.Byers,the Commission voted to grant
the variance as requested.So ordered.
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Subdivisions:
Greenspring Hills,Section IV--Preliminary Approval:
The staff report indicated that while all approving agencies have responded
favorably,there is concern on the part of the staff as relates to remaining
lands in the residue parcel of Section I of Greenspring Hills which could not
be approved as building lots because of failure of percolation tests.It is
proposed that the remaining 2.75 acres be conveyed to Lots 2 and 5 in Section
I in order to resolve this concern.
On a motion by Mr.Byers,seconded by Mr.Zombro,the Commission voted to
grant Preliminary Approval to Section IV of Greenspring Hills on condition
that the plat is revised to resolve the question of remaining lands to satisfy
concerns expressed in the staff report and recommendations.So ordered.
George W.Sellers--Preliminary and Final Approval:
The staff report indicated that the proposed one-lot subdivision for a resi-
dence was granted a variance by the Commission on January 3,1983 to utilize
a private right-of-way on the east side of Leslie Drive as access to the new
lot.The Health Department has requested a revision to the plat to relocate
the septic reserve area out of the Potomac Edison easement area.Also,a
Board of Appeals decision is pending relative to a request for a waiver of
the 50'front yard setback under Section 14.5 of the Zoning Ordinance.The
staff recommended approval with Preliminary and Final Approval granted adminis-
tratively by the staff when all agency approvals have been received.
The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Zombro,to
grant approval of the request that administrative approval be granted at the
staff level once the Health Department has granted final approval and a
favorable response is received from the Board of Appeals.So ordered.
OTHER BUSINESS:
C?mprehensive Plan Implementation:
Mineral Extraction:
As a result of correspondence recently received from parties of interest
relative to changes in the Zoning Ordinance as it pertains to Mineral Extrac-
tion,the Executive Director distributed revisions to the proposed wording as
an addendum to the agenda mailing.The Mineral Extraction element is one of
the Priority A items in the work program for Comprehensive Plan implementation.
Jim Witherspoon reviewed the changes that have been addressed in the 1M District
of the Ordinance which incorporate comments from R.E.Wright and Associates,
and the Maryland Geological Survey.Mr.Va~ner,representing H.B.Mellott,
has indicated that comments from that company would also be submitted.
Following lengthy review and discussion of the proposed text reVISIon,the
Executive Director asked that he be permitted to proceed with advertising the
reVISIons as proposed,recognizing that changes can still be made prior to the
public hearing which is to be held on June 13.
Following further discussion relative to performance standards for high impact
extractive operations,the Commission agreed by consensus to proceed with
advertising the text amendments recognizing that changes can also be made foll.owin a
the public hearing and a modified version proposed for the Board of County
Commissioners as a result of comments received both prior to and following the
Planning Commission's public hearing process.
COMMUNICATIONS:
Letter from Jim Witherspoon:
The Commission reluctantly accepted a letter of resignation from Senior Planner
Jim Witherspoon.The Executive Director extended to Jim the appreciation of
all of the staff and himself for the good working relationship that the staff
has enjoyed with Jim over the past several years.The Commission also expressed
appreciation of the relationship and their regret that Jim is leaving the plan-
ning staff.Best wishes from all of us,Jim.
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COMMUNICATIONS,CONT'D:
Letter from W.D.Hoffman and Associates:
For the information of the Commission,a letter was distributed in which it
was stated that W.D.Hoffman and Associates was withdrawing the rezoning
application (RZ-247)that was submitted on behalf of McDade Farms for Blaine
and Santymer.
Extension Requests:
The following requests for extension of time were granted by the Commission
as requested on a motion by Mr.Herbst,seconded by Mr.Byers:
Robinwood Court--60 Days,extending to July 21,1983;Whyte Hall Manor--60
Days,extending to July 4,1983;Stoneleigh Estates,Section B--60 Day"
to July 17,1983;and Tilghmanton Heights--60 Days,extending to August 2,
1983.So ordered.
UNFINISHED BUSINESS:
Commercial Uses in Rural Areas:
At the last regular meeting,proposed changes to the Zoning Ordinance were
considered that would permit certain commercial uses in the Agricultural
District under Section 6.1 of the Zoning Ordinance.Also discussed was
amendment of Non-Conforming Uses in Section 4.3 to provide more latitude for
the Board of Appeals in granting an expansion of a non-conforming use in the
Agricultural,Conservation,and Business Local Districts.
It was pointed out that some of the additional services that were suggested
to be added to the principal permitted uses in Section 6.1 would be more
appropriately added following completion of the Agricultural Study that is
expected to be completed in mid-1984 and as they would relate to the Compre-
hensive Plan policies for the Rural Village concept.
The staff proposed,and the Commission concurred,that the Rural Village con-
cept be accelerated to coincide with the Agricultural Study and perhaps be
reprioritized after a review of the work program.
By consensus,the Commission agreed to proceed with advertisement of the text
amendments as proposed for Section 4.3,and to add to Section 6.1 as principal
permitted uses:dairy products,food and grocery stores,fruit and vegetable
stores,meat markets,produce stands,restaurants and lunch rooms,barber
shops and beauty shops.
OTHER BUSINESS:
Catherine Thompson,reporting on the status of the Agricultural Land Use Study,
said that some of the base maps have been created and will eventually have
overlays that are intended to aid in prioritizing areas of prime agricultural
land.Completion of materials include an agricultural study map utilizing
tax assessment and A.S.C.S.records;mapping of cropland,pastureland,etc.,
using the new aerial photographic maps;a breakdown of land use based on
Department of State Planning land cover map;forest areas for deciduous,coni-
ferous,and mixed forest cover;intensive cropping for Class 1,2,and 3 soils.
Orchard mapping is still to be done.The Committee's next step will be to
define prime and productive agricultural lands based upon the mapping and the
various overlays that have been done.The next meeting of the Committee is
scheduled for May 19.
Urban Growth Area Study:
Mr.Hawbaker reported that a presentation of the Urban Growth Area Study Com-
mittee report was made to the County Commissioners last Tuesday.The staff
has been asked to return in June following presentations to be made to the
City of Hagerstown and Town of Williamsport elected officials scheduled on
May 17 and May 9 respectively.
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Proposed Zoning Ordinance Text Amendments:
The Executive Director reviewed proposed text amendments for Section 4.ll(a)1
relative to preparation of Site Plans and Section 22.l2(b)as pertains to
conformance with Code of Maryland Regulations 05.07.07 (Provisions for the
Handi capped).
The Commission approved the amendments as proposed with addition of the words
"in the State of Maryland"at the end of the sentence in Section 4.11.(a)1,
and authorized Mr.Hawbaker to proceed with advertisement of the proposed
amendments along with the other previously discussed text amendments for
the public hearing on June 13.
Parks Planning Status:
For the information of the Commission,a report was presented by Parks Plan-
ner William Stachoviak on the status of the Clear Spring and South County
Parks.Both parks are in the design stages.Phase 1 development design of
the Clear Spring Park includes layout for acceSS road,parking,pavilion,
rest rooms,and grading and seeding of the ball fields.It was pointed out
that problems have arisen with the South County park location in that perc
testing cannot be accomplished due to soft ground and it has also recently
been determined by the State Department of Natural Resources that the area
designated for the park is a unique wetlands.The State is interested in
discussing this issue with the County Commissioners.
1~83 Sewage Flow Allocation:
A letter from Dr.John Neill,Health Officer,dated April 22,1983 was dis-
tributed relative to the 1983 Sewage Flow Allocation table for sewage treatment
plants in each of the service areas of the County.
Londontowne,Section 'A'Apartments--Appeal:
The Executive Director brought to the attention of the Commission an appeal
filed by property owners in the Londontowne development charging Adminis-
trative Error in the granting of approval of the existing parking lots for
the proposed apartment units in Section 'A'.The hearing before the Board
of Appeals is scheduled for May 4.By consensus,the Commission agreed that
the Executive Director attend the hearing as a representative of the Commis-
sion as has been the policy in the past.
Also,in regard to Londontowne,Section 'A',the Executive Director said that
parking requirements under the regulations set forth in Section 22.12 of
the Zoning Ordinance are awaiting an opinion by the County Attorney as they
pertain to future development of Section 'A'of the Londontowne development.
Geohydrologic Study Status:
The Executive Director reported that a meeting is to be held on the On-Site
Sewage Disposal Ordinance so that the final document can be presented to
the County Commissioners.
Election of Officers--June Meeting:
The Executive Director reminded the Commission that the annual election of
officers to serve the Commission for the coming year will be an agenda item
for the next meeting.
ADJOURNMENT:
The meeting was adjourned at 10:15 P.M.
William E.Wolford,ffJr.
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING JUNE 6,1983
The regular meeting of the Washi.ngton County Planning Commission was held on
Monday,June 6,1983 at 7:00 P.M.in the second floor conference room of
the County Office Building.
The Chairman called the meeting to order with the fOllowing Comlll.ission mem-
bers and staff in attendance:Chairman William E.Wolford,Jr.;Vice-
Chairman Jack B.Byers;John C.Herbst (arriving at 7:30);;Jichael D.
Barnhart;and Richard E.Roulette.Absent:Thomas W.Dwyer and Donald E.
Zombro.Staff:Catherine T.Thompson,Associate Planner;Stephen T.Good-
rich,Assistant Planner;William V.Stachoviak,Park Planner,and Marion
L.Snyder,Secretary.Absent:Jack S.Hawbaker,Executive Director.
Addition to Agenda:
On a motion by Mr.Roulette,seconded by Mr.Byers,the Commission added the
fonowing items to the agenda:1.Sanitary CormlissiDn and EDC Meeting with
representatives of the Planning Commission;and 2.Londontowne Appeal.So
ordered.
MINUTES:
The minutes of the regular COTIlnission meeting held on May 2,1983 were
approved and accepted as received on a motion by Mr.Byers,seconded by
Mr.Barnhart.So ordered.
NEW BUSINESS:
Variance Requests:
Menno Martin:
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A request for a variance to the requirements of Highway Plan restrictions
as pertains to the 500'separation standards for an Intermediate Arterial
Highway "as reviewed by the staff CMd.Route 60).Mr.Martin is requesting
creation of a new driveway to serve a 5 acre parcel with 377'of separation
between an esisting driveway to the east which serves his property.The
proposed drive wil.l also be 237'west of an existing driveway serving an
adjacent property (Coss).Mr.Martin explained that dual use of his existing
drive would not be feasible because of existing structures on either side of
the entrance.
On a motion by Mr.Roulette,seconded by Mr.Byers,the Commission voted to
grant the variance as requested.So ordered.
Cutre ll-·Oakes :
The staff reviewed a request for a variance to the High'11By Plan standards
which require a 100'separation between all new driveways on a Minor Collec-
tor Highway (Trego Road).The request is to create one new access p;lint to
serve a portion of Lot 1 from a previous subdivision that is proposed to be
subdivided into two lots shown as Lots I-A and 1··B.It is proposed to con-
vey a 25'fee simple access to serve the new Lot I-B.
On a motion by Mr.Byers,seconded by Mr.Roulette,the Co~nission voted to
grant the variance as requested.So ordered.
Subdivisions:
Whyte Hall Manor -Preliminary and Fi.nal Approval:
Staff review indicated that all agency approvals have been received for the
10 lot single-·family residential subdivision located at the intersection of
Chewsville Road and White Hall Road near Chewsville.The recommendation by
the staff was that Preliminary and Final Approval be granted.
On a motion by Ml'.Roulette,seconded by Mr.Banlhart,the C0111inission voted
to grant PTeliminary and Final Approval to the pla.t file on the basis that it
meets'reqLlirements of the Subdivision Ordinance.So ordered.
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Robert W.Irving -Preliminary and Final Approval:
The staff reviewed a 3-lot residential subdivision located on the west side
of Mt.Lena Road.The staff indicated that all agency approvals have been
received and recommended that Preliminary and Final Approval be granted.
On a motion by Mr.Herbst,seconded by Mr.Roulette,the Commission voted to
grant Preliminary and Final Approval to the plat file based upon it having
met requirements of the Subdivision Ordinance.So ordered.
OTHER BUSINESS:
Martin Crossroads --Water Line:
Mr.William Bond,the consultant preparing the feasibility study for water
distribution lines for the Martin Crossroads water line,presented the
proposal that has been prepared in conjunction with the County Sanitary
Commission to provide necessary water service to the residents in that
area due to pollution of well water.He estimated the projected cost of
the project for 11 miles of 14"water line along the Greencastle Pike to
Martins Crossroads to serve existing homes plus homes that would be allowed
under the existing Zoning Ordinance (approximately a total of 492 dwellings)
at $1,500,000.The cost of the water line to serve only the residences that
are existing in the area is estimated at $1,180,000.
Following discussion of concerns expressed by the staff relative to the
Urban Growth Area Boundary,potential landfill sites that have been pro-
jected for the area,relationship of the Agricultural Study as relates to
potential development generated by installation of the water line,and the
potential increase in development due to reduced minimum lot sizes as a
result of the availability of public water,Mr.Nunamaker indicated that
the Sanitary Commission would like to have the support of the Commission
in recommending to the County Commissioners that the water line be installed
to serve the exisitng homes plus the homes that would be allowed under
existing Zoning regUlations.
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission voted to
concur with the Sanitary Commission's recommendation to present the pro-
posal for installation of the water line to serve the existing residences
plus new dwellings that would be permitted under the provisions of the
existing Zoning Ordinance.So ordered.Mr.Roulette abstained.
The Commission further discussed the impact that the installation of the
water line would have to the Urban Growth Area Boundary and asked the
staff to review'the matter and to recommend to the Commission at the next
meeting whether the.Urban Growth Boundary Line whould be adjusted to include
the Martins Crossroads area.
Robinwood Court:
Mr.Sheedy appeared before the Commission asking that consideration be
given to allow for submittal of a site plan to develop a portion of the
commercial area of the Robinwood Court Development Plan,meanwhile pur-
suing the feasibility of the County and City participating in completion
of a water system to serve the entire Youngstoun Complex,Stone croft
Apartments,and the Junior College Complex.
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission voted to
allow Mr.Sheedy to proceed by submitting a Site Plan/Preliminary Plat
for 12,000 square feet of the commercial area that would show sidewalk
connections as well to the residential areas for review by the staff
and subsequent submittal to the Commission for consideration.So ordered.
Letter from Jim Witherspoon:
By consensus,the Commission approved a request submitted by Jim Witherspoon
to Michael Barnhart,Chairman of the AgricUltural Study Committee Task Force,
to continue working with the Task Force in an advisory and assistance capacity.
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Urban Growth Area Study Status:
The Chairman reported that Mr.llawbake:c and Dave Spinney ,of the City Flanning
Department,have made a p:cesentation of th·e recommendations of the Urban
Growth Area Study Ccw~ittee to the County Commissioners and to the City Coun-
cil and that both City and County elected officials have indicated a desire
to meet in workshop sessions to discuss these recommendations further.
Park Planning Status:
Bill Stachoviak,Parks Planner,outlirled the status of the South County Park
Proj eet reviewing the procedure for location of an alternative park site in
that area.Utilizing aerial photographs,in--t;,e-field surveys,and analysis
factors which include such criteria as location,access,size of parcel,topo-
graphy,soils,aesthetics,vegetation,and off-site factors,Bill is at
present contacting owners of 14 potential park sites to see if they are
willing to negotiate with the County for sale of tj-,eir property.It is
expected that a final selection will be narrowed to 4 or 5 potential sites
for consideration by the County Commissioners in the near future.
Agricultural Study Status:
The minutes of the Agricultural Study Task Force meeting held on May 19 were
distcributed for-infor-mation.The next meeting is scheduled for June 22,
after which it is expected that a compr-chensive status repor-t to the Commis-
sion wi 11 be forthcoming in July.
LOildontowne---Appeal:
For information of the Commission,a decision by the Board of Appeals dated
May 4,1983 was distr-ibuted in regard to an appeal filed by William G.Gr-een-
wald charging Administrative Error in the granting of a variance by the
Planning C01mnission to Section 22.12 of the Zoning Ordinance.The Board'5
decision was to affirm the appeal charging Administr-ative Error while granting
a var-iance to permit on-street parking.
Industrial Park Shell Building:
The Commission considered a preliminary site plan for location of a 50,000
squar-e foot il1du~trial shell building proposed to be constructed on Lot 9
of the County Industr-ial Park for which there is no firm commitment for
occupancy at this time.
The Zoning Administrator-has suggested that either the County Cormnissioners or
the new purchaser or lessee submit a site plan that would meet the requirements
of the Zoning Ordinance prior to the issuance of an occupancy permit.
On a motion by Mr-.Herbst,seconded by Mr.Byers,the Commission voted to
authorize the Zoning Administrator to approve the prelilninary·site plan in or-del'
that a construction permit can be issued;a final site plan meeting all the
requirements of the Zoning Ordinance must be submitted for Commission
review at such time that the building is sold or-leased and prior to issuance
of a Use and Occupancy per-mit.So or-dered.
Upon further-discussion of the above situation,the Commission agreed that the
staff should review the procedure and make a recommendation to the Commission
concer-ning the issue that would provide for-submittal of a preliminary site
plan and also for fur-the I'site plan submittal based upon the actual use and
occupancy of structures in industrial parks.
Meeting Dates for July and Septem~er-:
By consensus,the Commission agreed to set the dates for the July and September-
Commission meetings for the second Monday of each of those months due to a
holiday falling on the fir-st Monday.These meeting dates will be July 11 and
September 12,respectively.
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Election of Officers:
On a motion by Mr.Herbst,seconded by Mr.Barnhart,the Commission unanimously
voted to re-elect the current officers to serve in the capacity of Chairman
and Vice-Chairman for the coming fiscal year.Both Mr.Wolford and Mr.Byers
were in attendance and indicated their willingness to serve.So ordered.
Disposition of Rezoning Cases:
For the information of the Commission,Mr.Roulette said that the County Com-
missioners,while denying the text amendment as proposed for Section 25.3 of
the Zoning Ordinance,agrees that the agency review process should become a
policy of the Board of Appeals.The Commissioners have followed up with a
letter to the Board recommending that the agency review policy be adopted.
He also said that there is an appeal on the Commissioner's agenda for June 7,
filed by the attorney representing Mr.Tom Davis,to reconsider the Commis-
sioner's denial of his request for amendment of the Development Plan for
Highland Manor.
Halfway Treatment Plant --Meeting with Sanitary Commission and EDC:
The Chairman reported that on June 4,he and Jack Byers had met with several
representatives of the EDC and Sanitary Commission to discuss the issue of
the Halfway Treatment Plant facility and improvements to the plant in light
of the current moritorium on sewer connections in the area.It was pointed
out that funding is immediately available to allow expansion to 1.6 MGD
capacity.This improvement provides an immediate solution to recommenda-
tions of the Urban Growth Area Study in regard to the Halfway Sewerage Treat-
ment facility.The Sanitary Commission has requested Planning Commission
support in future proposals for expansion of treatment facilities and,as a
result of the meeting,has indicated it's intention to further investigate
alternative methods for expansion of the system for future demands.It was
also suggested that certain recommendations of the Urban Growth Area Study
may need to be amended in light of some of the issues discussed at that
meeting.
Resul ts of County Commissioner's Rezoning Hearing:
For information of the Commission,the disposition of the rezoning cases that
were heard by the County Commissioners on May 24,were distributed.
Next Meeting Date:
The Commission will hold a rezoning public hearing on June 13,at 7:00 P.M.
in Court Room #1.The next regular meeting will be July 11.
ADJOURNMENT:
There being no further business,the Commission adjourned at 10:00 P.M.
followed by a brief Executive Session.
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William E.Wolford~Jr
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING JULY 11,1983
The regular meeting of the Washington County Planning Commission was held on Monday,
July 11,1983 at 7:00 P.M.in the second floor conference room of the County Office
Building.
The meeting was called to order by Vice-Chairman Jack B.Byers at 7:05 P.M.with
the following members in attendance:Jack B.Byers,Vice-Chairman;Michael D.
Barnhart;Richard E.Roulette;and Donald E.Zombro.Mr.Wolford arrived at 7:10
and Mr.Herbst arrived at 7:35 P.M.Mr.Dwyer was absent.Staff present:
Executive Director Jack S.Hawbaker;Planning Staff:Catherine Thompson;Stephen T.
Goodrich;William V.Stachoviak;Marion Snyder,Secretary.Also in attendance:
Leroy R.Burtner,Executive Director,EDC.
MINUTES:
The minutes of the regular meeting held on June 6,1983 were approved and accepted
as presented on a motion by Mr.Barnhart,seconded by Mr.Roulette.So ordered.
NEW BUSINESS:
Variance Requests:
Rowland Brandenburg:
The staff report indicated that Mr.Brandenburg developed the existing adjacent
subdivision known as Pleasant View Heights,including construction of Pleasant
View Drive which ends at the southern edge of Lot 19.The proposed lot is next
to existing Lot 19 and an existing right-of-way to a farmhouse to the east.Mr.
Brandenburg is requesting creation of a new lot without the required 25 feet of
public road frontage.Access to the proposed new lot is to be provided via
extension of a private driveway from the end of Pleasant View Drive at Lot 19.
The staff has recommended approval.Mr.Brandenburg said that the purchaser of
the proposed new lot is aware that the access would have to be constructed at no
expense to the County.
On a motion by Mr.Roulette,seconded by Mr.Zombro,the Commission voted to grant
the variance as requested.So ordered.
At this point,Mr.Wolford assumed the Chair.
Austin A.Flook:
A variance request was heard on behalf of Austin A.Flook to create a new point of
access with less than the required 500'of separation from an existing drive on a
Minor Arterial Highway.The proposed lot "B"will front on Route 40-A with access
located 410'from an existing driveway on the Smith property to the north and also
less than 500'from the intersection of Route 40-A and Md.Route 68 to the south.
The staff also discussed sight distance requirements relative to topography of the
area.A driveway permit will be issued by the State Highway Administration.Mr.
Flook stated that sight distance had been discussed previously with the Resident
Engineer at the time the lot was being considered for conveyance to the Fire Company
and that access for emergency vehicles was not considered a problem at that time.
The Fire Company did not acquire the property because it would not have been
accessible by helicopter due to existing power lines in the immediate area.
On a motion by Mr.Byers,seconded by Mr.Zombro,the Commission voted to grant
approval of the variance as requested.Motion carried with Mr.Herbst abstaining.
Subdivisions:
Smith's Terminal Corporation --Preliminary and Final:
The staff review of the subdivision plat application for Smith's Terminal Corpor-
ation pointed out that the subject plat has received agency approvals with conditional
approval granted by the County Engineer based upon the following as per the County
Engineer's letter of June 22,1983:"The right to require the improvement of Stotler
Road before approval is given to the development plan for this parcel once the use
is determined".The Executive Director also brought to the attention of the Com-
mission for their consideration in making a determination,Section 303.2 of the
Subdivision Ordinance and Section 19.3 of the Zoning Ordinance.
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Smith's Terminal Corporation 7 cont'd:
On a motion by Mr.Barnhart,seconded by Mr.Byers,the Commission voted to
grant Preliminary and Final Subdivision Approval with the condition that
future application for Site Plan Approval for specific uses on the property will
be subject to the review procedures reserved by the County Engineer as expressed
in his letter of June 22,1983,and also subject to the requirements of the
Planning Commission that may be established for development in the Highway
Interchange District.So ordered.
Heritage Hills,Inc.,Preliminary and Final:
The staff review pointed out that the application for Heritage Hills,Inc.,
Parcels "B","G",and "D"was a reconfiguration of previously approved
Parcel "B"(S-82-30),and Parcels "C"and "0"(S-82-4).The new configura-
tion also includes former remaining lands shown as Parcel "0".The
application under consideration requests two lots with improvements,one lot
for agricultural purposes,and no lands remaining,Comments and conditions
from the State Highway Administration on previous lots "B","C",and "0"
would still be applicable.The consultant has been notified that Parcel "C"
cannot meet separation requirements in event of development.The staff
recommends approval.
On a motion by Mr.Herbst,seconded by Mr.Zombro,the Commission approved the
application based upon the staff recommendation that all agency requirements
have been met.So ordered.
Jonathan E.Quinones --Discussion:
The staff reviewed a plat submittal for Jonathan and Melody Quinones in which
it was proposed to enlarge a lot of record by acquisition of additional land.
The Health Department has disapproved the plat as proposed for the following
reasons:1.Percolation rates are unacceptable;2.Insufficient lot width;
3.Insufficient lot area;and 4.Does not provide 10,000 square feet re-
serve area.
The Commission suggested to Mr.Quinones that he request an extension of time
prior to further consideration of the application to allow the Planning
staff to work with the Health Department to try to reach a solution.Mr.
Quinones agreed to request an extension of time.No formal action was taken.
Foam Industries Preliminary Plat and Site Plan:
In review of the Preliminary Plat and Site Plan submittal for Foam Industries,
a Planned Industrial manufacturing plant located in the Interstate Industrial
Park,the staff reported that all approvals have been given with the following
conditions:
1.Water meter location may require alteration;2.C &P Telephone Company re-
quires relocation of power cable at owner's expense;3.Potomac Edison Com-
pany requires relocation of facilities at owner's expense;and 4.Drainage
calculations must be updated to include the present design.It was also noted
that WRA conditions should be followed.
On a motion by Mr.Roulette,seconded by Mr.Zombro,the Commission voted to
grant Preliminary Approval based upon Final Approval and Site Plan Approval
being granted when all conditions for approval have been met.The motion
was amended to state that the staff may grant Final Approval under the
Administrative approval process when these conditions have been satisfied.
So ordered.
UNFINISHED BUSINESS:
Martin's Crossroads Water Line:
As a result of action taken at the last meeting in regard to the impact that
installation of the Martin's Crossroads Water Line would have on the Urban
Growth Area Boundary,the staff reviewed the question of whether the boundary
line should be adjusted or not to include the Martin's Crossroads area,and
submitted a proposed pOlicy statement for future development for consideration
by the Commission.
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Martin's Crossroads Water Line,cont'd:
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to
adopt the policy statement as written.(Adopted Planning Commission Policy
for Future Development included herein by reference to the Policy Manual).
So ordered.
Spec Building Site Plan Review:
ReSUlting from discussion at the regular meeting on June 6,1983 relative to
procedure for submittal of site plans for speculative buildings in industrial
parks where the occupancy and use of the building is unknown,the staff
submitted five alternative proposals and recommendations for preliminary
site plan review in such cases and for further site plan submittal based upon
the actual use of the structures.
By consensus,the Commission agreed to forward the proposed policy for amend-
ment of Section 4.ll(b),Site Plan Format,the the Economic Development
Commission for its review and comment,bringing back the recommendations of the
Economic Development Commission to the Planning Commission for further discussion.
OTHER BUSINESS:
Park Status:
Parks Planner Bill Stachoviak presented a final sites analyses summary of the
properties that were selected as possible locations for the South County Park
site.From the potential sites that were proposed in a presentation made to
the Board of County Commissioners,the Commissioners selected Site Nos.1,
2,and 6 for further analysis.Six of the landowners have withdrawn their
offers,and landowners of two of the sites are still to be contacted for
permission to conduct percolation and other tests.It is expected that a
final recommendation for offer of purchase will be forthcoming in the near future.
Preliminary Consultation --Carl D.Mills:
For the information and direction of the Commission,a preliminary consultation
that was held for Carl D.Mills,Parcels C,D,and E,on June 23,1983,was
reviewed.After the consultation,it was revealed that a previously approved
subdivision and site plan to the west of the subject property (S-78-l72)did not
appear on the subject concept plan under review.Due to the existence of that
approved point of access onto Md.Route 60 for the previously approved subdi-
vision,the proposal for entrances to parcels C and D of the Mills property
will be significantly changed and measures will have to be taken to accommodate
the non-conforming points of entry.
By consensus,the Commission directed that Mr.Mills and his consultant be
advised that should they wish to proceed with the subdivision process,a
variance for the non-conforming driveway should be requested for further
consideration by the Commission.
Rezoning Cases From June 13 Hearing:
For the record those in attendance at the public hearing on
Jack B.Byers,John C.Herbst,and William E.Wolford,Jr.
the transcript of the public hearing.
RZ-254 - A to HI --Map Amendment:
June 13 were:
Mr.Zombro read
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission voted to forward
to the Board of County Commissioners a recommendation for denial on the basis
that the requested zoning does not meet the intent and purpose of the Zoning
Ordinance for the Highway Interchange District.So ordered.
RZ-255 -Text Amendment --Section 6.1:
On a motion by Mr.Herbst,seconded by Mr.Zombro,the Commission voted to forward
a recommendation of approval of the text amendment to Section 6.1 of the Zoning
Ordinance.So ordered.
104
Rezoning Cases From June 13 Hearing,cont'd:
RZ-256 --Text Amendment
The Commission voted,on
forward a recommendation
for amendment of Section
Section 22.l2(b):
a motion by Mr.Byers,seconded by
of approval to the Board of County
22.l2(b)of the Zoning Ordinance.
Mr.Zombro,to
Commissioners
So ordered.
RZ-257 --Text Amendment ~-Section 4.ll(a):
On a motion by Mr.Byers,seconded by Mr.Zombro,the Commission voted to
forward a recommendation of approval for amendment of Section 4.ll(a)of
the Zoning Ordinance to the Board of County Commissioners.So ordered.
RZ-258 --Text Amendment --Sections 4.14;5.2;6.2;14.2;and
Article 15,Division III,Section 28.80:
On a motion by Mr.Zombro,seconded by Mr.Herbst,the Commission voted to
forward a recommendation of approval to the Board of County Commissioners
for the above referenced sections of the Zoning Ordinance.So ordered.
RZ-259 --Text Amendment --Section 4.3(a):
On a motion by Mr.Byers,seconded by Mr.Herbst,the Commission voted to forward
a recommendation of approval to the Board of County Commissioners for amendment
of Section 4.3(a)of the Zoning Ordinance.So ordered.
RZ-260 --Text Amendment --Section 16.6:
On a motion by Mr.Zombro,seconded by Mr.Herbst,the Commission voted to for-
ward to the Board of County Commissioners a recommendation of approval to amend-
ment of Section 16.6 of the Zoning Ordinance.So ordered.
ADJOURNMENT:
There being no further business,the meeting was adjourned at 9:55 P.M.
An Executive Session followed.
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WASHINGTON COUNTY PLfu~NING COMMISSION
REGULAR MEETING OF AUGUST 1,1983
The regular meeting of the Washington County Planning Commission was held on
Monday,August 1,1983 at 7:00 P.M.in the second floor conference room of the
County Office Building with the following members and staff in attendance:
William E.Wolford,Jr.,Chairman;Vice Chairman Jack B.Byers;John C.Herbst
(arriving at 7:30);Richard E.Roulette (arriving at 7:20);and Donald E.Zombro.
Absent:Thomas W.Dwyer and Michael D.Barnhart.Staff:Executive Director
Jack S.Hawbaker;Senior Planner Catherine T.Thompson;Associate Planner Stephen
T.Goodrich and Marion Snyder,Secretary.
The Chairman called the meeting to order at 7:20 P.M.
ADDITION TO AGENDA:
On a motion by Mr.Zombro,seconded by Mr.Byers,the Commission voted to add the
following items of business to the evening's agenda:1.Review of County Attor-
ney's Opinion,Re:Mobile Home Park Moratorium;and 2.Stoneleigh Estates,
Section "B".So ordered.
MINUTES:
On a motion by Mr.Zombro,seconded by Mr.Roulette,the Commission voted to
approve the Minutes of the regular meeting of July 11,1983 as received.So
ordered.
NEW BUSINESS:
Variances:
Walter J.Nye:
The Commission considered a request for a variance to Section 405.11.B of
the Subdivision Ordinance to create a lot without 25'of public road frontage.In
reviewing previous subdivisions of Mr.Nye's property,the staff cited a chronological
list of transactions dating from August 7,1972 to October 5,1981.In October
of 1981,an initial request to subdivide in the same manner as the proposal now
before the Commission was denied because the Commission determined that the hard-
ship cited by Mr.Nye was self-created.Following the Commission's denial of
Mr.Nye's original request,an appeal was made to the Board of Appeals on the
Planning Commission's ruling.The appeal was also denied.(APS-1189).Mr.
Nye's current variance request cites Section 107 of the Subdivision Ordinance in
reference to "irregUlar shape of the lot"as a condition of hardship.Mr.Nye
proposes to create a 4th lot with access to Route 66 over an existing lane.The
staff report recommends disapproval on the basis of the previous denials by both
the Planning Commission and the Board of Appeals.Mr.Nye stated that since his
previous request,parcel E had been subdivided under the simplified plat process
and a driveway extended to Route 66 to accommodate access to the public road for
the remainder of Parcel E.The staff said that subdivision of Lot E was by the
simplified plat process to allow approximately 5 acres of land to revert to
remaining lands of Clever and that the additional driveway has not been verified
by the staff in the field.
A motion was made by Mr.Roulette,seconded by Mr.Zombro,to grant approval of
the variance as requested.Mr.Byers and Mr.Herbst abstained.Mr.Wolford voted
"Noll.
By consensus,the Commission agreed to reconsider the motion to procedurally verify
either approval or denial of the variance request.The Chairman asked that the
meeting record show that the staff cannot confirm that there is a second driveway
access from Route 66.
A second motion was introduced by Mr.Roulette to grant the variance as requested.
The motion was seconded by Mr.Zombro and carried with Mr.Byers abstaining.
106
Wayne Shoemaker:
The staff presented a request for a variance to the restrictions of Section
405.11.B of the Subdivision Ordinance to create a new lot without the re-
quired 25'of public road frontage.It is requested that access for proposed
Lot 1 to Maryland Rt.68 aCrOSS proposed Lot 3 be allowed because access
cannot be gained by utilizing the existing Safari Campground right of way
as originally proposed,and a 25'panhandle access to Route 68 for Lot 1 is
infeasible due to steep sloping of approximately 150'of unuseable road
frontage.
On a motion by Mr.Zombro,seconded by Mr.Byers,the Commission voted to
grant the variance as requested.So ordered.
Carl D.Mills,Parcel C:
At the last regular meeting a preliminary consultation for Carl D.Mills,
held on June 23,1983 was brought to the Commission for their information.
A previously approved subdivision on property to the west of lands owned
by Mr.Mills has necessitated significant changes to the subject plat under
review.The present request is for a variance to the requirements of the
Highway Plan in order to establish a joint use driveway for parcels C and D
less than 500 feet from the existing driveway.
On a motion by Mr.Roulette,seconded by Mr.Byers,the Commission voted to
grant the variance as requested to establish a joint use driveway for Lots
C and D.So ordered.
Martin's Elevator,Inc:
A request for variances to Sections 405.11.B and 318 of the Subdivision Ordinance
were heard in which Martin's Elevator,Inc.proposes to acquire a 15 aCre
parcel from Mrs.Leonard R.Needy via the simplified plat process which does
not front a public road and is not contiguous to the property owned by Martin's
Elevator.The staff pointed out that the zoning of the property to be
acquired may not be compatible with the existing use on lands of Martin's
Elevator.Mr.Martin stated that the intended use was for storage only and
that there were no plans to extend the business to the 15 acre parcel to be
acquired.In addition to the private road that serves the parcel,a right
of way acroSS the railroad tracks has been acquired to provide adequate
future access.(Penn-Central Railroad).
On a motion by Mr.Herbst,seconded by Mr.Zombro,the Commission voted to
grant the variances as requested with the understanding that the land acqui-
sition is not to be used for extension of the business.So ordered.By con-
sensus,the Commission agreed to allow Mr.Martin to proceed with acquisition
via the simplified plat process.
Subdivisions:
Rocky Spring Acres,Phase I,Section A --Preliminary Subdivision Approval:
The staff report indicated that the proposed 17 lot,single family subdivision
is located on Md.Rt.40A near Poffenberger Road.A variance has been granted
by the Commission to allow lot numbering out of sequence for development of
lots 1 through 9 and 19 through 26.A note in this regard has been placed on
the plat.For the information of the Commission,a memo dated July 25,1983
from the County Engineering department granting preliminary approval with con-
ditions for final approval was referenced.Also,the Health Department has
specified that lots 2,3,4,19,and 21 shall have no basements due to low
lying water.The staff recommends Preliminary Approval with administrative
approval of the final plat when all conditions have been met.
On a motion by Mr.Byers,seconded by Mr.Herbst,the Commission voted to grant
Preliminary Approval and authorized administrative approval by the staff of
the final plat when all conditions have been satisfied.So ordered.
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Robinwood Court--Commercial Section--Preliminary Approval and Site Plan:
The staff report stated that the preliminary subdivision and site plan had
previously been submitted in January for staff review of Section 1 (Commercial
Area)and Section 2 (Apartments).Due to problems with water pressure,the
developer has asked for approval for development of the commercial area
consisting of 12,000 square feet.The staff report indicated that approxi-
mately 10 feet of the proposed access on the west property line is part of the
commercial subdivision with the rest of the accesS shown in remaining lands.
Also discussed were maintenance responsibility for the access road that is
located on the remaining lands and the necessity of a right of way agreement
for access to be included in the deed if the property is to be conveyed.
Mr.Sheedy,the developer,was in attendance and agreed to making these pro-
visions by incorporating a right of way conveyance with the deed and including
provisions for maintenance in the owner's statement.
On a motion by Mr.Herbst,seconded by Mr.Roulette,the Commission voted to
grant Preliminary Approval to the subdivision plat of Section 1 of Robinwood
Court,subject to notations placed on the record plat in regard to maintenance
and right of way agreements pertaining to the access road.So ordered.
Site Plan Approval:
The Commission voted,on a motion by Mr.Zombro and seconded by Mr.Roulette,
to grant approval of the Site Plan with the following conditions as recommended
by the staff:1.Correction of building schedule to exclude reference to
.Section 2;2.Provide adequate screening on the west side of the access road
in conjunction with construction of the parking lot per Section 22.ll.C(3)of
the Zoning Ordinance.So ordered.Mr.Sheedy also agreed to landscape the
back of the commercial buildings and to include the above staff recommendations.
Stoneleigh Estates,Section B --Preliminary and Final Approval:
Staff review of the resubmittal of Section B of Stoneleigh Estates which was
originally submitted in March 1982 and withdrawn in June 1983 due to changes
in lot configuration to meet Health Department standards,cited the County
Engineer's letter dated December 31,1980 which states that development will be
limited to a total of 26 residences (10 lots in Section B).In keeping with
County Engineering comments,remaining lands can only be divided into two par-
cels until Fairplay Road is upgraded.
On a motion by Mr.Zombro,seconded by Mr.Roulette,the Commission voted to
grant Preliminary and Final approval with the understanding that the remaining
lands can only be divided one time until Fairplay Road is upgraded to standards
acceptable to the County Engineer's office.So ordered.
OTHER BUSINESS:
Rezoning Cases for the Third Quarter --Public Owned Lands:
The Executive Director presented a proposal for correcting the zoning maps to
change the classifications for lands zoned "P"and asked for permission to
proceed with preparation of advertising these lands as one rezoning case for
the third quarter rezoning cycle in September after first conferring with the
County Commissioners.The Commission agreed by consensus to proceed with
advertising for the public hearing on September 19 as proposed.
Agricultural Task Force:
Catherine Thompson presented and reviewed briefly,the updated work schedule
of the Agricultural Task Force,summarizing the use of the base maps and over-
lays that were prepared by the staff as a result of Task Force recommendations
to date.At the August meeting several options of prioritization to designate
prime,productive land will be discussed involving several overlays.The
September meeting will be devoted to developing a tentative map of prime,pro-
ductive areas which should be preserved and to what degree they should be
preserved,and the October meeting will be directed to presentations to local
bodies and making revisions based on comments received,followed by a public
hearing to be held in November.
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Jonathan Quinones Subdivision:
For the information of the Commission,a letter from Jonathan E.Quinones was
distributed relative to withdrawal of a proposed subdivision plat (5-83-46).
No action required.
Memorandum from County Attorney to the County Commissioners --Re:Mobile
Home Park Moratorium:
The County Commissioners have asked the Planning Commission to consider
institution of a moratorium or restriction as relates to mobile home parks
in the PR District based upon review of the County Attorney's findings and
opinion on the matter.Mr.Roulette stated that the concern of the Commis-
sioners is whether mobile home parks should be a permitted use in the PR
District as the Ordinance currently provides for and have asked the Commission
to consider a temporary restriction until the matter can be studied as
pertains to the PUD Ordinance that is intended to replace the PR District in
the Zoning Ordinance.
The Commission discussed the options suggested in the County Attorney's Opinion
and how to deal with it until the criteria in the PUD Ordinance is developed.
By consensus,the Commission directed the staff to review the proposal and
prepare proper wording for a moratorium for mobile home parks in the PR Dis-
trict for further consideration by the Commission as an interim measure until
the PUD Ordinance is completed.
ADJOURNMENT:
There being no further business,the meeting was adjourned at 10:00 P.M.
vJ~L Jv!A~"l
William E.Wolford,
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF SEPTEMBER 12,1983
The regular meeting of the Washington County Planning Commission was held on
Monday,September 12,1983 at 7:00 P.M.in the second floor conference room
of the County Office Building with the following members and staff in atten-
dance:Chairman William E.Wolford,Jr.;Vice Chairman Jack B.Byers;Thomas
W.Dwyer;John C.Herbst (arriving at 7:35);Richard E.Roulette.Absent:
Michael D.Barnhart and Donald E.Zombro.Staff:Executive Director Jack S.
Hawbaker;Senior Planner Catherine T.Thompson;Associate Planner Stephen T.
Goodrich;Assistant Planner Richard B.Shipe;and Marion Snyder,Secretary.
The Chairman called the meeting to order at 7:05 P.M.
MINUTES:
The minutes of the regular meeting of August 1,1983 were approved as received
on a motion by Mr.Byers,seconded by Mr.Roulette.So ordered.
NEW BUSINESS:
Requests for Variances:
Richard Mills:
Mr.Mills appeared before the Commission to request a variance to the require-
ments of the Subdivision Ordinance to permit conveyance of a lot situated on a
private right-of-way on the west side of Broadfording Road to a person other
than an immediate family member.In a review of the Planning Commission's
action relative to the original subdivision approval,the staff found that a
variance had been granted to Robert J.Seek in September of 1976 to allow con-
veyance of a 1.56 acre parcel (Lot 1)under Section 107 of the Subdivision
Ordinance to an immediate family member.Conveyance of Lot 1 from Mr.Seek to
Mr.Mills was in violation of the conditions of approval when the variance was
granted by the Commission in 1976.
Noting that the five-year limitation for conveyance of the parcel to a party
other than an immediate family member was not required on the original plat of
record at the time of the variance request in 1976,the Commission voted to
waive the conveyance restrictions and grant the variance as requested.Motion
by Mr.Roulette,seconded by Mr.Byers.So ordered.
Ralph Sterling:
A request for a variance by Mr.Sterling from the restrictions of the Highway
Plan which requires 500'of separation between access points on a Minor Arterial
Highway,was reviewed by the staff.The request is to create a new point of
access on the east side of Md.Rt.64,2,700'south of its intersection with
Md.Rt.418.The request was made to allow 470'of separation between the pro-
posed drive and the intersection of Md.Rt.64 and old Md.Rt.64.The lot
proposed to be conveyed has .limited access possibilities on Md.Rt.64 due to
topography and is partially limited for access by SHA restrictions on old Md.
Rt.64.
On a motion by Mr.Roulette,seconded by Mr.Byers,the Commission voted to waive
the required 500'separation between points of access and grant the variance to
allow 470'between driveway locations as requested.So ordered.
Vernice Grimm:
The staff review of a request for a variance to the requirements of Section
405.11.B.of the Subdivision Ordinance to allow creation of a new lot without
public road frontage,pointed out that the proposed lot will have access on a
private right-of-way from the west side of Dargan Road.
On a motion by Mr.Byers,seconded by Mr.Roulette,the Commission voted to grant
the variance request to allow the new tot with access from a private right-of-way
on condition that the plat of record carry the standard statement absolving the
County from the responsibility of building or maintaining the private road.So
ordered.
110
Roger L.Bowman:
The staff reported that the applicant,Mr.Bowman,is requesting variances
under Sections 405.l(K)and 405.l(A)of the Subdivision Ordinance to create a
new lot with 90 to 100 feet between access points instead of the 500'required
by the Ordinance for a Minor Arterial Highway (west side of Md.Rt.66)and
to be released from the required dedication of 50'of right-of-way for future
widening of the road.The staff said that Md.Rt.66 is scheduled for future
improvement and recommended that the variance request in regard to dedica-
tion of right-of-way be denied.Mr.Bowman does not wish to propose a
dual entrance drive at,the eastern boundary of the proposed lot because he
has no plans to further subdivide the property.Also,the 50'right-of-way
dedication would increase lot size to maintain the required 40,000 square
foot lot area resulting in encroachment on farming activities.The staff
recommended that a driveway location be determined in the field to provide
optimum sight distance.
On a motion by Mr.Byers,seconded by Mr.Dwyer,the Commission voted to
grant the variance to allow access less than 500'from existing driveway
locations provided that the driveway is located within reasonable proximity
of the optimum location.Motion carried with Mr.Herbst abstaining.
On a motion by Mr.Roulette,seconded by Mr.Herbst,the Commission voted to
grant approval of the request for release of the dedication of 50'for
future right-of-way.So ordered.
COMMUNICATIONS:
Letters from John R.Oliver Company:
For the information of the Commission,two letters were distributed from Mr.
William Taylor Oliver,Executive Vice President,and Irvin S.Blair,Vice-
President,of the Oliver Company,expressing appreciation for cooperative
efforts on the part of the Commission and staff.
Letter from W.J.Teach,Assoc.,Re:Tilghmanton Heights--60 Day Extension:
On a motion by Mr.Byers,seconded by Mr.Dwyer,the Commission voted to grant
a 60-day extension of time for consideration of Tilghmanton Heights,bringing
the date of expiration to December 2,1983.So ordered.
Highland Manor--Development Plan:
The staff reviewed the Highland Manor Development Plan,ralslng some points of
concern for clarification in regard to designation of useable open space,
referring to notes 11, 12,and 13 on the site plan;floodplain and drainage
swale in an area designated on the plan as open space;similarity of street
names to existing streets;landscape plans that will be submitted with indi··
vidual sections for site plan review;and road standards and dedications.
By consensus,the Commission indicated satisfaction with the consultant's
agreement that each development phase will show at the time of submittal,
the 25%open space areas with specific uses indicated for tot lots and other
recreational uses in relationship to the development plan as a whole.The
consultant agreed also to renaming of streets that are similar to existing
streets and these will be shown on the reproducible development plan after a
check with Fire and Rescue Communitations.In reference to road standards
and dedication statements,the staff pointed out for information,that should
the designation of the mobile home park be changed to a mobile home subdi-
vision due to changing economic conditions,that County standards would have
to be met subject to review by the County Engineer.
On a motion by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to
grant approval of the Official Development Plan for Highland Manor.So ordered.
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UNFINISHED BUSINESS:
Site Plan Review for Spec Buildings:
The Executive Director said that Alternatives for Site Plan Review of Spec
Buildings that were previously discussed at the June 6 and July 11 meetings
had been sent to the Economic Development Commission for review and comment.
Mr.Burtner,Executive Director,has responded recommending Alternative #5,
followed by Alternative #1 as a second choice.It is not known whether the
Economic Development Commission as a whole has had an opportunity to evaluate
the alternatives for site plan review of spec buildings.
Following further discussion in regard to the proposals under consideration,
the Commission,by consensus,directed the staff to more deeply explore
Alternative #1,and upon acceptance by the Commission,distribute copies for
agency review and comment.
NEW BUSINESS:
Preliminary Consultations:
For information of the Commission,the staff distributed agency comments per-
taining to Preliminary Consultations held for Charles Ruch,a proposed 6-lot
subdivision held on August 11,and a l2-lot proposal for Antietam Woods,held
on August 16.No action required.
OTHER BUSINESS:
Mobile Home Parks in the PR District:
As a result of a discussion at the August 1 regular meeting,the Commission
asked the Executive Director to review the subject of a moratorium on mobile
home parks in the PR District.Mr.Hawbaker distributed copies of his
findings and recommendations as pertain to this subject,proposing to delete
mobile home parks as a use in Section l6.l(a)of the Zoning Ordinance and sug-
gested wording to amend the Zoning Ordinance text.
After further discussion of the subject,the Commission voted,on a motion by
Mr.Dwyer,seconded by Mr.Byers,to forward the recommendation of the staff
to the Board of County Commissioners for their consideration.So ordered.
Legislation--1984 General Assembly:
Mr.Hawbaker distributed copies of Section 4.110 of the Annotated Code relevant
to validating deeds conveying land in unapproved subdivisions and offered a
suggestion to forward a proposal to the local legislative body to delete the
words "after January 1,1971 and"from the Code.Mr.Hawbaker pointed out
that problems have been created because of the conflict of this wording with
the 1970 adoption date of the County's Subdivision Ordinance.
By consensus,the Commission agreed to forward the recommendation to the Board
of County Commissioners for their consideration in making their requests to
the County delegation for legislative changes.
Rockdale Quarry Blasting Records:
The Executive Director said that because of inquiries from persons living in
the Rockdale Quarry area,blasting reports have been obtained from the Mellott
Quarry and are being kept on file in the Planning Department for information.
Options for the Rezoning Process:
Options to reduce public hearing time for rezoning cases were distributed for
the information of the Commission.By consensus,the Commission agreed to hold
this item of business for discussion following the joint public hearing to be
held on September 19 in conjunction with the County Commissioners as an aid
to further evaluate the recommendations for the Rezoning process.
112
Power Plant Siting Status Report;
Catherine Thompson presented a synopsis of the consultant's remarks in regard
to examination of the candidate sites for the power plant siting.The
points covered in the summary of the July 8 presentation to the Advisory Group
covered rail access,waste disposal,transmission system,and the next phase
of the study.Also discussed as major factors in determining the feasibility
of the candidate areas for siting were air quality assessment,ecology,and
economic impacts,and the three study phases and tasks that are expected to
be completed through June of 1984 after which a draft report will be pre-
pared to document and integrate the findings in regard to the suitability
of the preferred site.
Planning Commission Policies:
The Executive Director distributed copies of the policies of the Planning
Commission that have been adopted by the Commission over a period of time.
These pOlicies have been compiled from the Planning Commission minutes and
were reaffirmed in February of 1981.Included were amendments through Novem-
ber 1,1982.For information.No action required.
ADJOURNMENT:
The meeting was adjourned at 9:25 P.M.
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William E.Wolford,Jr.,~Chairman
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF OCTOBER 3,1983
The regular meeting of the Washington County Planning Commission was held on Mon-
day,October 3,1983 at 7:00 P.M.in the second floor conference room of the
County Office Building with the following members and staff in attendance:
Chairman William E.Wolford,Jr;Vice-Chairman Jack B.Byers;Michael D.Barnhart;
Thomas W.Dwyer;John C.Herbst (arriving at 7:25);Richard E.Roulette;Donald
E.Zombro.Staff:Executive Director Jack S.Hawbaker;Senior Planner Catherine
T.Thompson;Associate Planner Stephen T.Goodrich;Assistant Planner Richard B.
Shipe;and Marion Snyder,Secretary.
The Chairman called the meeting to order at 7:00 P.M.
MINUTES:
The minutes of the regular Commission meeting held on September 12,1983 were ap-
proved as received on a motion by Mr.Byers,seconded by Mr.Zombro.So ordered.
NEW BUSINESS:
Harvey Heyser,Orchard Grove,Section 5:
The staff presented a variance request by Harvey Heyser to waive the requirements
of Section 405.l(H)of the Subdivision Ordinance which states that residential
streets paralleling a railroad shall have sufficient distance from the railroad
right-of-way to provide lots a minimum depth of 160'.It is proposed to subdivide
Section 5 of the Orchard Grove Subdivision that would have a new residential street
that would not provide the 160'depth for lots numbered 9 through 17.It was
pointed out that the P.E.right-of-way,parallel to the railroad,would prohibit
buildings within 50'of the railroad.Potomac Edison also prohibits screening
planted in the right-of-way due to interference with overhead lines and service
vehicles.
On a motion by Mr.Roulette,seconded by Mr.Dwyer,the Commission voted to grant
the variance to Section 405.l(H)provided that all other requirements of the Subdi-
vision Ordinance are met on the plat that will be submitted for final approval and
recordation.So ordered.
Arthur Snowberger:
The staff reviewed variance requests to Section 405.9 and 405.ll(E)of the Subdi-
vision Ordinance.Section 405.9 requires dedication of utilities and drainage
easements on side and rear property lines,and Section 405.ll(E)states that no
lot shall be divided by a municipal boundary.The hardships cited were that the
existing building,situated on Marion Street,sits on the front property line and
3 to 4 feet off the south property line.Also,subdivision along the municipal
boundary line would create two undersized lots.The owner proposes instead to
follow the fence line in dividing the lots.The staff said that the parcel has
previously been granted variances by the Board of Zoning APPeals relative to change
of a non-conforming use,and variance of minimum lot size and rear yard setbacks.
On a motion by Mr.Byers,seconded by Mr.Roulette,the Commission voted to grant
the request for variances to waive:1.The required 10 foot utility easement
along Marion Street;2.The required 8 foot utility and drainage easement along
the 20 foot public alley in the office building area;and 3.A variance to Section
405.ll(E)in regard to lot division by a municipal boundary.So ordered.
Subdivisions:
John D.Reese (Boonsboro Ambulance Service)Preliminary Approval and Site Plan:
The staff presented a preliminary plat application and site plan for subdivision of
the John D.Reese property for parcel C2 to the Boonsboro Ambulance Service which is
situated on the east side of Route 40-A,north of Boonsboro.The staff pointed out
114
that the State Highway Administration requires changes to the subdivision plat and
site plan to include:Lengthening of the acceleration ramp to the north of the
driveway;curbing the entire length of the acceleration lane and extending from
the end points of the curbing up the driveway;widening of the drive to a minimum
of 30 feet,and paving.A variance is also requested as pertains to waiver of
dedication of right-of-way for future widening of Route 40-A.Mr.Bikle,repre-
senting the Boonsboro Ambulance Service,said that acquisition of land to comply
with this requirement is not possible since the purchase of Lot C2 has been under
contract for some time and the remaining lands of Reese have already been sold.
Mr.Hawbaker said that the SHA had been contacted and was informed that the State
has no plans in the 20 Year Needs Study to improve Route 40-A.The staff asked
that preliminary approval be granted with final approval handled administratively
by the staff once all conditions have been met.
On a motion by Mr.Roulette,seconded by Mr.Byers,the Commission voted to grant
Preliminary Approval and authorized the staff to grant Final Approval contingent
upon receipt of a letter of approval from the State Highway Administration.The
motion was then amended to include a waiver of requirements for dedication of
right-of-way.So ordered.
Keith Howe--3 Lots,Preliminary and Final:
The staff reviewed a subdivision application for division of Lots 1,2,and 3 for
Keith W.Howe,situated on the Marble Quarry Road.A variance is also requested
to waive the requirements of Section 405.l(K)of the Subdivision Ordinance for
dedication of future right-of-way on approximately 150 foot of road frontage on
proposed Lot #2 due to the location of an existing dwelling.Comments from the
County Engineer indicate that release of right-of-way dedication should only
involve the area of the dwelling location and 50'on either side.The staff also
pointed out that the driveway for Lot#3 is located in the floodplain and is sub-
ject to WRA requirements concerning driveway construction per their letter of
September 19,1983 which is contained in the plat file.
On a motion by Mr.Byers,seconded by Mr.Zombro,the Commission voted to grant
the variance and waive the dedication of right-of-way requirements per the com-
ments of the County Engineer and to grant Preliminary and Final approval to the
subdivision application on the basis that all conditions for approval have been
met.So ordered.
Rock 'N Spring Corporation Preliminary and Final:
Staff review pointed out that the subdivision application for Lot 1 of Rock 'N
Spring Corporation is proposed for commercial development and is situated on
Underpass Way in a BG,Business General,zoning district.The report indicated
that the Hagerstown Water Department requires some sort of guarantee that a
12"water line will be extended down proposed Railway Lane prior to service
being provided.Also,the County Engineer has reserved the right to approve
the entrance location at the time of Site Plan review.
On a motion by Mr.Roulette,seconded by Mr.Herbst,the Commission voted to
grant Preliminary and Final Approval,recognizing that development of the site
will be subject to site plan review prior to issuanoe of permits.So ordered.
Homewood Community Center,Phase IV --Site Plan:
Catherine Thompson reviewed the Homewood Community Center,Phase IV Site Plan.
It was pointed out that access from Virginia Avenue is limited to emergency and
service vehicles only.Access to the Community Center is from Governor Lane
Boulevard which adequately meets sight distance requirements for use by the
occupants and visitors.The Board of Appeals has granted a variance from the
off-street parking and the two-parking spaces per unit requirements.Staff
concerns were raised relative to:Clarification of the bus waiting area per
Section 10.6(D)of the Zoning Ordinance;Engineering requirements per the County
Engineer's memo dated September 26,1983 in regard to design standards;Respon-
sibility for maintenance of open spaces and the roadway;and the projected
building schedule that should be noted on the Site Plan.
Following a lengthy discussion with Mr.Lewis,Administrator of the Homewood
Retirement Center,and Mr.Frederick,Consulting Engineer,the Commission voted,
on a motion by Mr.Herbst,seconded by Mr.Zombro,to grant Preliminary Approval
to the Site Plan contingent upon the following conditions:1.Unconditional
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approval by the County Engineer;3.The projected building schedule noted on
the Site Plan.The Commission also agreed to waive the requirements of Section
10.6(D)of the Zoning Ordinance contingent upon representatives of Homewood and
the Supervisor of the County Commuter working out an optimum agreement to pro-
vide for bus service and/or bus waiting area to the Homewood Community Center.
The Commission also granted the staff authority to grant Final Site Plan Approval
when all conditions have been satisfied.So ordered.
OTHER BUSINESS:
Section 5.05,Article 66B --Board of Realtors:
Mr.Hawbaker said that representatives of the Board of Realtors have made a request
to appear before the Commission relative to State law that prohibits negotiation
for the sale of lots in unapproved subdivisions.Representatives of the Board
were:Roland G.Hebb,Sidney Machat,Joseph Rqwe,and Robert Everly.A memoran-
dum was previously sent to all area realtors from Mr.Hawbaker relative to the
requirements of Section 5.05 of the Annotated Code.
Mr.Hebb presented a proposed amendment to this particular section of the Code
asking that the Commission support the Board of Realtors in making a request
for amendment to the Board of County Commissioners to provide for negotiation
by private landowners for sale of property and clarification of the intent of
the State law as pertains to "subdivision".Mr.Machat,in adding his comments
in regard to interpretation of the law,recommended that the Commission study
the intent of the law and recommend to change the statute,change the interpre-
tation;or postpone the statutory control until the time of deed recordation as
'opposed to the time when an agent and/or landowner wishes to sell his land.
It was also agreed that deletion of the phrase in the law that says "or agreed
or negotiated to be sold"would provide the necessary flexibility in negotiation
for sale of land.Following further discussion in this regard,the Commission,
by consensus,agreed to keep the specific recommendations that were made in mind
while the process is under study,and to ask the County-Attorney to contact the
Attorney General to see if an interpretation already exists.The staff will con-
tact other planning agencies in the State to see how they have been administering
the law in this situation.The Chairman said that the Board of Realtors will be
notified when the matter is placed on the Commission's agenda for further consider-
ation.
Public Hearing Alternatives and Planning Memo:
The Planning Commission considered the various options for reducing the public
hearing time in scheduling for rezoning cases and by consensus,agreed to select
Option No.1,changing the third sentence to read "at the next regular meeting".
This option provides .for one public hearing to be held in conjunction with the
Board of County Commissioners as established by the public hearing that was held
on September 19,and continuing with the established quarterly schedule.It
was also recommended that the hearings be held.on the second Monday of the month
after which the Commission will then consider a recommendation at the next regu-
larly scheduled Commission meeting.This procedure does not preclude cases where
a hearing may be held at the specific request of the County Commissioners.
A Planning memo from the A.P.A.magazine relative to conflict of interest was dis-
tributed for information of the Commission members.
Rezoning Cases for November 14 Public Hearing:
Text amendments for the next scheduled rezoning hearing on November 14 were dis-
tributed and discussed.The Executive Director said in summary,that 6.l(w)
provides for clubs (Ruritan,etc.)in the Agricultural District;4.12 is being
proposed upon request by the County Commissioners to place performance standards
in the Ordinance for all industrial uses (Mr.Byers asked that the Economic De-
velopment Commission review this proposed amendment);l6.l(a)proposes to eliminate
mobile home parks from the PR District.(A letter was received from the Director
of Housing and Community Development expressing concerns that the amendment would
cut down on affordable housing in the County).6.2(c)is to remove beauty shops
from the special exception section of the Ordinance since they are now a principal
permitted use in the Agricultural District.8.2 refers to a section that was
since deleted and is a correction to the Ordinance.4.11 is proposed wording for
Site Plan review format.The Commission agreed to proceed with preparation of
these text amendments for public hearing.
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Public Facilities Legislation -_PSC Letter:
A letter from the Public Service Commission was brought to the attention of the
Commission in regard to enabling legislation to allow local jurisdictions to
amend their subdivision ordinance to require satisfaction for underground electric
and telephone requirements as part of the subdivision approval process.Mr.
Byers said that if the government gets involved,it should be done in such a
fashion that there would be reimbursement for interest on the money that was
held in escrow and recommended that this issue should be addressed by the PSC
prior to providing government backing.It was determined that there was no apparent
problem with this issue and no action was taken.
Agricultural Land Preservation --Department of State Planning:
For the information of the Commission,a draft prepared by the Department of
State Planning Staff as pertains to preliminary findings and recommendations
relative to Agricultural and Forest Land Preservation in Maryland was distributed.
Recommendations for RZ-26l,262,and 263:
RZ-26l:The staff has concluded that the property should not be rezoned because
there was no evidence presented by the applicant to demonstrate that there was a
mistake in the original zoning.It was pointed out that the applicant has the
option of going through the Board of Appeals to request an expansion of non-
conforming use.Approval of RZ-259 has provided for approval of expansion of a
non-conforming use beyond 35%.
After considerable discussion,a motion was made by Mr.Herbst to recommend to
the County Commissioners that the rezoning be granted with the condition that it
be for expansion of the motel and accessory uses only,based upon a mistake in
the original zoning.The motion was seconded by Mr.Zombro and carried with Mr.
Dwyer vOting "No"and Mr.Roulette and Mr.Barnhart abstaining.So ordered.
RZ-262:The Executive Director pointed out that there were three considerations
prior to taking action on the application for rezoning of the "P"zoned lands.
The staff has recommended that:1.All these lands be rezoned as shown on the
attached recommendation for individual parcels.2.That the Leitersburg Ruri-
tan Club be reclassified to Agriculture instead of "RR"since this classification
is more consistent with surrounding lands and has no public facilities on the
site.It was felt that the Agricultural classification would permit more latitude
for further development should the Ruritan Club wish to expand.3.The Bernard
Ostrow property is recommended for Agricultural District zoning since there appears
to be no basis for the HI classification as requested by the owner and is more
consistent with the Agricultural zoning to the north,east,and south.
On a motion by Mr.Dwyer,seconded by Mr.Byers,the Commission voted to forward
RZ-262 to the Board of County Commissioners with a recommendation for approval
as outlined in the staff recommendation.The motion carried with Mr.Barnhart and
Mr.Roulette abstaining.
RZ-263:
proposed.
residents
The staff has recommended that RZ-263 be
A paper in support of Amendment RZ-263
in the Fountain Head area was attached.
recommended for approval as
which was signed by several
Following a brief discussion,a motion was made by Mr.Herbst,seconded by Mr.
Dwyer,to accept the staff recommendation and forward a recommendation of approval
to the Board of County Commissioners.The motion carried with Mr.Barnhart and
Mr.Roulette abstaining.
Approved Zoning Ordinance Text Amendments:
For the information of the Commission,the County Commissioners'action taken on
the Rezoning cases that were heard by them on August 23 were distributed.
ADJOURNMENT:
The meeting was adjourned at 10:05 P.M.
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF NOVEMBER 7,1983
The Regular Meeting of the Washington County Planning Commission was held on Monday,
November 7,1983 at 7:00 P.M.in the second floor conference room of the County
Office Building with the following Commission members and staff in attendance:
Chairman William E.Wolford,Jr.;Vice-Chairman Jack B.Byers;Thomas W.Dwyer;
Michael D.Barnhart;Richard E.Roulette;Donald E.Zombro;and John C.Herbst
(arriving at 7:35).Staff:Executive Director Jack S.Hawbaker;Senior Planner
Catherine T.Thompson;Associate Planner Stephen T.Goodrich;Assistant Planner Rich-
ard B.Shipe;Park Planner William V.Stachoviak;and Marion Snyder,Secretary.
CALL TO ORDER:
The Chairman called the meeting to order at 7:00 P.M.
MINUTES:
The minutes of the regular meeting of October 3,1983 were amended on page 115
under the heading beginning on page 114,Homewood Community Center,Phase IV Site
Plan,to read"...2.The projected building schedule "
On a motion by Mr.Byers,seconded by Mr.Byers,seconded by Mr.Zombro,the Com-
mission voted to approve the minutes of the October 3rd meeting as amended.So
ordered.
NEW BUS INESS :
Variance Requests:
Dennis Naile:
Mr.Dennis Naile appeared before the Commission to request a variance from the re-
quirements of Section 405.2.A of the Subdivision Ordinance to permit 80'of
distance between driveways for a new entrance off Fairview Road (Major Collector)
to serve proposed parcel No.25 near the intersection of Fairview and Strite Roads.
Noting that there are other existing driveways on both sides of Fairview Road that
do not meet the minimum 300'distance requirements,the Commission voted,on a
motion by Mr.Zombro,seconded by Mr.Roulette to grant the variance as requested.
So ordered.
Board of County Commissioners --Old Clear Spring School:
Mr.James Brittain,Engineering Department,appeared before the Commission to request
a variance to .the requirements of Section 405.9 of the Subdivision Ordinance to allow
a 7'public utility easement on the southern boundary line instead of the required
8'because of the location of the existing building.
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to grant the
variance as requested.Motion carried with Mr.Roulette abstaining.
Subdivisions:
Board of County Commissioners --Old Clear Spring School;Preliminary and Final:
The staff report indicated that the application for subdivision is to provide for
conveyance of the 2.09 parcel that contains the Old Clear Spring School and gym-
nasium.Remaining land,consisting of 13.3 acres,is the site of the Clear Spring
Park.Since the eventual use of the existing structures is unknown at this time,
a use and occupancy permit is contingent upon site plan approval as noted on the
plat.The Board of Appeals,in applying guidelines for the RM District,has granted
variances to allow 25'rear yard and 9'side yard on the north boundary,and have
stipulated that if the existing gymnasium structure is demolished,new development
must meet zoning requirements.Access to the park is available via an existing
40'entrance from Martin Street.
On a motion by Mr.Byers,seconded by Mr.Zombro,the Commission voted to grant
preliminary and final approval to the subdivision file.Motion carried with Mr.
Roulette abstaining.
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Mary E.Churchey Estate,Lot 1 --Preliminary and Final:
The staff report for the proposed conveyance of the 2.87 acre tract situated on
Millers Sawmill Road for construction of a church has received all agency approvals.
In addition,the following requirements of the Zoning Ordinance will have to be
satisfied prior to issuance of a building permit.1.Section 22.l(b),capacity
of sanctuary to establish parking requirements;2.Sections 22.l2(c)1 and 22.12
(c)2,landscaping and lighting on parking lot;and 3.Section 22.23(e)location
of sign.
On a motion by Mr.Roulette,seconded by Mr.Byers,the Commission voted to
grant preliminary and final approval to the subdivision file.So ordered.
Preliminary Consultation:
Maugansville Fire Company:
The staff reviewed the results of a preliminary consultation held on October 26,
for agency review and comment in regard to a site plan for the Maugansville Fire
Company's proposal for new structures to house the fire department and community
center.Points of concern addressed by the staff were engineering design stan-
dards for the interior street that intersects with Martin and Maugansville Roads,
Health Department comments by letter dated November 1,and requirements of the
Zoning Ordinance for the HI District,including Sections 19.3(b);19.5(c);19.5
(c)5(a-e);22.12;22.l2(c)and 22.23(c and e).Although the interior street is
not in conformance with the engineering design standards,it was brought out
that the fire department may request that it be taken into the County system.A
variance from design standards would be directed to the County Engineering De-
partment or to the County Commissioners.Mr.Whitesell,consultant and repre-
sentative for the Fire Company,said that plans included the use of lands to
the east to be used asa recreational area for a ball field,concession stand,
and annual carnival.It was pointed out that a permit for a carnival would be
required and additional off-street parking would be a consideration at that time,
such as leasing additional parking space.The staff has asked that the site
plan and preliminary plat be submitted concurrently arid that a final plat be
submitted after the site plan is approved.A landscape plan is also to be sub-
mitted at the time of site plan submittal.It was also noted by the staff that
the adopted Highway Plan requires a minimum of 250'distance between access
points on Maugansville Road.
The Commission,in giving direction to the staff,noted that any requests for
variances of distance requirements,screening,and parking,would have to be
taken to the Board of Appeals,and agreed not to impose any additional require-
ments other than the minimum setback requirements.Motion by Mr.Roulette,
seconded by Mr.Dwyer.So ordered.
Water Line Study --Fellows,Read and Associates:
Mr.Roulette said that as a result of a petition by residents west of the Huyetts
Crossroads area,the Commissioners have authorized a feasibility study for pos-
sible installation of a water line to serve the area to be prepared by Fellows,
Read and Associates.Present for the discussion were Mr.Nunamaker of the Sani-
tary District and Bill Bond and Merle Holsinger of Fellows,Read and Associates.
Mr.Bond said that a preliminary study has been done from Huyett's Crossroads to
the Conococheague Creek and on Walnut Point Road to the intersection of 1-70.
The area of the study was very well defined by the geographic locations of the
creek and 1-70,.There are 296 residences and small businesses in the study area.
It was pointed out that the Martin's Crossroads area contained 400 homes that
required approximately 15 miles of water line to serve the area.The current
study requires 1/3 or less the length of pipe to distribute water to the 300
homes in the Huyetts area as opposed to the length required to distribute water
to the homes in the Martin's Crossroads area.The study was broken down into
two alternatives,the first being the simplest and most direct with least amount
of pipeline being along route 40 with a loop down at Rowe Avenue and Park Lane
to serve the Deer Lodge Trailer Park.Among the businesses located along Rt.40
that were tested,80%of the test wells failed;likewise,the residences tested
along Rt.40 showed a failure of 38%.Since the water quality in the area is
poor,it was therefore recommended that one of the alternatives of some of the
area be served by the City of Hagerstown.It was felt that service along Rt.40
and the Walnut Point Road is in order to serve everyone within the confines of
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the area from Brookfield Road which is where the Huyetts Crossroads-Cearfoss line
will serve to extend that line.
FOllowing the presentation of the study by the consultant,the Commission con-
cluded that the extension of this service would not be inconsistent with the
adopted Urban Growth Area Boundary and that it would not be necessary to extend
the boundary to include the new service area.It was also recommended that in
keeping with the policies of the Comprehensive Plan,the water line extension should
be designed to accommodate existing residences and businesses,plus any additional
development that would be permitted under the terms of the existing Zoning Ordinance.
Addition to Agenda:
Mr.Fred Papa,Fox and Associates,Inc.,appeared before the Commission to request
a special rezoning hearing for consideration of a map amendment for Hub Labels.
Mr.Papa said that his client proposes a change in zoning classification from "A"
to "BL"for a 5 acre tract situated along the Leitersburg Pike which he proposes
to acquire for the purpose of expanding his business.
Mr.Papa was advised that the request for a special hearing should be made at the
time the application is submitted to the Department of Permits and Inspections.
Letter from Syd Machat --Board of Realtors:
As pertains to the request from the Board of Realtors to proposed amendment and
clarification of Article 66B relating to sale of lots in unapproved subdivisions,
the Commission has directed that the Executive Director continue to pursue an
opinion from the Attorney General through the County Attorney's office and to
Contact other planning agencies to see how they have been administering the law
for a report at the December meeting.
Preliminary Consultations:
Following staff presentation of results of preliminary consultations held for
Orchard Grove,Section V;Sunset Acres,Section "E";and Raymond Divelbiss,the
Commission had no comments to add to the staff's report.Mr.Byers stepped down
and did not participate in the discussion of Sunset Acres.
GUIER BUS INESS :
Agency Review Meetings --Status Report:
For the information of the Commission a memorandum from Senior Planner Catherine
Thompson to all consultants and reviewing agencies was distributed relative to
discontinuance of the agency review meetings due to poor attendance.
Comprehensive Plan Implementation:
Catherine Thompson presented a status report on the Agricultural Land Study to date
explaining the process utilized by the Agricultural Study Task Force in defining,
delineating and designating prime and productive agricultural lands in the County.
The base map,alternate base map,and overlays were reviewed with an explanation
of the methodology used in preparation of the maps and the significance of the
individual overlays.It was noted that each of the Objectives considered are
supported by the Comprehensive Plan policies.The Task Force would like to use the
Agricultural Inventory Map as a product in itself rather than developing preser-
vation policies to go along with the map at this time.
In a discussion of the work schedule,it was pointed out that the map would be
completed by November 16 after which it is proposed to have a joint meeting of the
Planning Commission and the Task Force in December.Following the joint meeting,
presentations will then be made to local organizations such as the Soil Conser-
vation Board of Supervisors,Farm Bureau,Home Builders,etc.,prior to presentation
to the County Commissioners.The Commission asked that the joint meeting with the
Task Force be set ahead to January.It was pointed out that development of the
study map would be significant in working out preservation policies that may be
adopted in the future.Based upon the staff's recommendations,the Commission will
further consider the Agricultural Study Base Map as a product that could stand by
itself as a working tool and agreed that it should be accepted as an inventory of
agricultural land and officially adopted as such.
120
Parks Program --Planning Status:
Bill Stachoviak,Parks Planner,pointed out that the most recent concern of the
Parks Board has been the evaluation of Halfway Park for the location of the swim-
ming pool.Information on the capacity,parking needs,and the possible alter-
nate location of the swimming pool was presented and discussed.An analysis has
been made of the western portion of the park for placement of the pool and a map
prepared showing soil types throughout the park.The map of the park was pre-
sented showing soil conditions,availability of water and sewer,and road
accessibility at the original and proposed alternate sites.The recommenda-
tion of the report was that soil tests would have to be done no matter where
the pool is placed.
It was reported that the County Commissioners are evaluating the second site
recommended for the South County Park.The Camp Harding preliminary concept plan
for ball field and picnic area on adjacent land has been completed.Also,it is
proposed to place a sign for the Halfway Park on the interstate highway.
Work Program:
The Commission established a special workshop meeting date for November 30 at
1:00 P.M.to consider the Planning Commission's work program for 1984.
MGS Groundwater Quality Study:
The Executive Director said that he had sent out a copy of a letter from Mr.Hansen
relative to the Maryland Geologic Survey to the Commission for information.There
IS a need for an update of the document that was published in 1961 that is a
detailed analysis and compilation of both groundwater and surface water in the
County.The well samplings are used by consultants to prepare geohydrologic
studies.Mr.Hawbaker said that he has responded to Mr.Hansen telling him that
the Commission will be getting in touch with him in the near future,meanwhile
contacting local agency representatives for their input in regard to the update.
He pointed out that this is one of the priorities that will need to be dis-
cussed for the 1984 work program.
Rezoning Hearing:
The Executive Director distributed materials relative to the rezoning hearing
to be held on Monday,November 14 and reminded the Commission that it will be
necessary to have a quorum present since there will be no transcript prepared.
Mr.Wolford indicated that he would be unable to attend.Mr.Roulette suggested
that the hearings be scheduled so that the Planning Commission could respond with
a recommendation as soon as possible after the hearing,keeping in mind the 10
day period that remains open by law for additional comments to be received from
the applicant or interested parties.The third Monday was suggested as an appro-
priate meeting date.
WRA Approvals:
Mr.Roulette asked if something could be done to expedite WRA approvals.It was
suggested that a letter be sent to all Planning Executives in the State to see
if they would be interested in joining in the effort to contact the legislators
in regard to this matter.
Ditto Farms Park Design:
The status of the Ditto Farms Park and construction of the golf course was
briefly discussed.
ADJOURNMENT:
The meeting was adjourned at 10:00 P.M.
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WASHINGTON COUNTY PLANNING COMMISSION
SPECIAL MEETING OF NOVEMBER 30,1983
A Special Meeting of the Washington County Planning Commission was
held on Wednesday,November 30,1983 at 1:00 P.M.in the second
floor conference room of the County Office Building.
Present were:Cha.irman William E.Wolford,Jr.;Vice-Chairman Jack
B.Byers;Thomas W.Dwyer;John C.Herbst;and Richard E.Roulette.
Absent:Michael D.Barnhart and Donald E.Zombro.Staff:Executive
Director Jack S.Hawbaker;Senior Planner Catherine T.Thompson;
Associate Planner Stephen T.Goodrich;Assistant Planner Richard B.
Shipe;Park Planner William V.Stachoviak;and Marion Snyder,Secre-
tary.
The meeting was called to order at 1:10 P.M.
1984 Commission Work Program:
The Executive Director said that the purpose of the special meeting
was to review and establish priorities for the Planning Commission's
1984 Work Program and distributed a list of the tasks to be performed
for the proposed work program elements,the total policy listing from
the Comprehensive Plan adopted in July,1981,and the implementation
schedule for Priority "A"tasks as amended in February,1983.Mr.
Hawbaker explained that some of the items on the work program were
.required because of policies of the Comprehensive Plan that are to
be implemented such as the Agricultural Land Study,PUD,Town Growth
Areas,Water Supply,Rural Development and Industrial Analysis.Trans-
portation,Solid Waste Study,and the Water and Sewer Study are mandated
by State law and have to be done to satisfy State requirements.
Agricultural Land Study:
Catherine Thompson explained that there are three parts to the Agri-
cultural Study:the identification of agricultural land;a narrative
that could be printed on the map to be distributed to the public;and
the development of criteria to preserve agricultural land.She
explained that the map has been completed and asked if the map should
be used as a finished product with a narrative on the back or if the
task force should be working with preservation policies to be attached
to the map.The decision is whether to proceed with preservation
policies or to defer that item and proceed with Town Growth Areas.
The Commission agreed that the agricultural map could be adopted as
a planning tool or policy by the Planning Commission and possibly
by the County Commissioners to provide guidelines in various projects,
and by consensus the Commission agreed to devote staff effort to
priorities such as the Town Growth Areas.Following a brief discussion
of establishment of an Agricultural Council to work with the Agricul-
tural Land Task Force,the Commission agreed that such a group may
be considered at a later date at such time the strategy for implementa-
tion policies are being developed.
As a result of the change in scheduling of meetings,the joint meeting
of the Planning Commission and the Agricultural Advisory Board will
be held in January and the work program adjusted to show the delay in
the next phase of the Agricultural Study going into 1985.The Commis-
sion asked that the staff prepare a proposal to be brought back to
them on the possible use and implementation of the Agricultural Map
that has been developed.A date will be set for the joint meeting at
the next regular meeting.
PUD:
The Executive Director reported that he has revised the proposed
draft document for the PUD element of the Comprehensive Plan and will
be bringing it to the Planning Commission for the first meeting in
January.The study is scheduled for completion by the end of March
which would include input from groups such as the Home Builders Assoc.;
Realtors,Consultants,etc.,for endorsement by the Commission and
proposal for public hearing.
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Town Growth Areas:
As an outgrowth of the Urban Growth Area Study,the Town Growth
Areas will be conducted in the same fashion for the towns of Clear
Spring,Hancock,Boonsboro,and Smithsburg as was done for the
towns of Williamsport,Funkstown,and Hagerstown.A presentation
of the Urban Growth Area Study has been made to the elected offi-
cials and the Urban Growth Area Boundary has been adopted by the
County Commissioners.
The Commission agreed to present the proposal to the individual
towns and ask if they want to participate in a study for their
area.It was suggested that the Towns of Boonsboro and Smithsburg
be approached by the Planning staff to set a presentation date and
ask them for their participation in a study of their areas.
Landfill Study:
The Executive Director reported that Richard Shipe has been working
on the Landfill Study which is a matter of analyzing all the par-
cels of land in the vicinity of the existing landfill in order to
make a recommendation to the County Commissioners for future acqui-
sition.
Airport Study:
The Airport was excluded from the rezoning of the Public owned
lands because of the diversity of zoning classifications in the
area.The staff will be meeting with the Airport Manager and
Director of the Economic Development Commission to come back with
a recommendation to the Planning Commission as to the best use of
the airport property and surrounding lands.
Transportation Stu~L:
The Transportation element is part of the Comprehensive Plan that
recommends the use of the 1977 Hagerstown/Washington County Trans-
portation Study as starting point for reevaluating the transpor-
tation corridors and problems in the community,This study is
also required by law and is a basis for federal funding.
Water Supply Study:
Also an element of the Comprehensive Plan relative to study of
the Smithsburg/Edgemont Reservoir Watershed areas to evaluate the
water quality.The Commission asked that the staff reevaluate
this study in an effort to determine what the work scope should
consist of in relation to the adopted implementation schedule.
It was suggested that the study might consist basically of moni-
toring measures so that the Water Department is aware of any con-
trols that might need to be implemented in the watershed area due
to new development.
Rural Development:
The Rural Development element of the work program was discussed
in relationship to the Urban Growth Area study and Rural Village
areas.It was suggested that there should be an evaluation of
existing development,strip development,and collection of data
to determine where the Rural Village areas should be utilizing
census data to determine growth and identifying accessibility of
services.
Industrial Analysis:
In regard to the Comprehensive Plan policy that says that there
should be an iriventory and compilation of the numbers and types
of industries in the County and a determination of the need for
additional sites for industrial development,it was suggested
that the Economic Development Commission be contacted to determine
if a further evaluation is required.It was also recommended that
this matter should be brought up during the presentations for the
Town Growth Areas to determine their needs for all types of indus-
trial development.
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Solid Waste Study:
The Executive Director said that the Solid Waste Study update is
mandated by the State to satisfy State regulations,and pointed
out that the County Commissioners have implemented recommendations
in the Solid Waste Management Plan update that was adopted in 1981,
one being the securing of more sites and currently addressing the
problem of tires at the landfill.Mr.Hawbaker said that a repre-
sentative from the State is meeting with the staff in December to
determine what will be required in the update of the Plan.
Work Program:
The Executive Director said that there is a need to revise the
schedule which will be done by the staff and brought back to the
January Commission meeting for review and endorsement.The tasks
will be redefined based on the direction given by the Commission.
Variances,Dedication and Other Matters:
The Executive Director brought to the Commission some routine
matters that need to be discussed in terms of the requirements of
the Subdivision Ordinance,specifically as applies to Section 107
and Section 405,relative to hardship provisions and distance
spacing between access points respectively.In light of the number
of approvals that are given for the variance requests that have been
granted,the Executive Director asked if the Ordinance should be
changed in those respects.
Mr.Hawbaker said that questionnaires have been sent to other Mary-
land counties relative to their administration of the dedication
of right of way requirement and have received responses from all
of them which indicated that dedication of right of way is a require-
ment for both new and existing roads.
Following a lengthy discussion relative to Commission action in
regard to the variance process in regard to visiting the sites
prior to making a decision,deferring a decision until the next
meeting,or authorizing administrative handling of variances with
an appeal process to the Planning Commission,the Commission asked
the staff to review the Ordinance and bring back a recommendation
to the Commission for their further consideration.
The Executive Director brought to the attention of the Commission
that should the decision of the Commission differ from that of the
staff recommendation for zoning reclassifications,a finding of
fact for a change or mistake in the original zoning classification
would have to be taken into consideration.
Adjournment:
There being no further items for discussion,the meeting was
adjourned at 3:20 P.M.
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William E.Wolford,
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Ch ai rman
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF DECEMBER 5,1983
The regular meeting of the Washington County Planning Commission was held on Monday,
December 5,1983 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;Thomas W.Dwyer;John C.Herbst (arriving at 7:35);Richard
E.Roulette;and Donald E.Zombro.Staff:Executive Director Jack S.Hawbaker;
Senior Planner Catherine T.Thompson;Associate Planner Stephen T.Goodrich;
Assistant Planner Richard B.Shipe;and Marion Snyder,Secretary.
MINUTES:
By consensus,the Commission agreed to amend the minutes of the October 3,1983
meeting to clarify action in regard to Section 5.05 of Article 66B to read"
and to ask the County Attorney to contact the Attorney General to see if an
interpretation already exists".So ordered.
On a motion by Mr.Barnhart,seconded by Mr.Dwyer,the Commission voted to ap-
prove the minutes of the November 7,1983 meeting as received.So ordered.
Addition to Agenda:
By consensus,the Commission agreed to make an addition to the evening's agenda
to include clarification of a variance request in regard to Section 405.2.A
6f the Subdivision Ordinance that was granted on August 1,1983 for Lots "c"and
"D"for Carl D.Mills.
UNFINISHED BUSINESS:
Article 66B,Section 5.05--Board of Realtors:
The Executive Director said that he had sent a questionnaire in regard to admin-
isttation of the requirements of Section 5.05 of Article 66B to his counterparts
in several Maryland counties that function under Article 66B.He reported that
all of the counties have responded and have indicated that they were having no
problems with the clarity of the law.Prior to further consideration of the
matter,the Commission agreed to await a response from the County Attorney to
see if there's an Attorney General's opinion on this subject.It was also
suggested that the Board of Realtors representatives may want to approach the
legislators relative to a change in this law.
NEW BUSINESS:
Agricultural Land Preservation District--Suzanne E.Downey Hayes (AD-83-3):
Following a brief staff review of an Agricultural Land Preservation District appli-
cation submitted by Suzanne E.Downey Hayes for a 200.55 acre parcel of land
situated along the Downsville Pike,the Commission,on a motion by Mr.Barnhart,
seconded by Mr.Byers,voted in support of the application on the basis that the
proposal is not inconsistent with the policies of the adopted Comprehensive Plan
for the County.So ordered.
Subdivision Plat:
Carl D.Mills,Parcel "C":
The Executive Director said that as a result of an inquiry from Joseph Chuckla,
it was brought to his attention that a site plan has been submitted for Parcel
"C"of the Carl D.Mi lls plat that was the subj ect of a variance request to the
requirements of Section 405.2.A of the Subdivision Ordinance and which was
subsequently granted by the Commission on August 1,1983 with the priviso that
a dual entrance be provided to serve lots "c"and "D".The submittal of the
site plan for Parcel "C",now owned by Mr.Thomas J.Chirdon,proposes a commer-
cial greenhouse.A problem arises in that the State Highway Administration will
not issue a dual entrance permit for a commercial development.
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Carl D.Mills,Parcel lie',cont'd:
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to
approve the relocation of the entrance from the alignment that was approved
previously on August 1,with the understanding that there will still be a
common entrance for both Parcel "C"and future parcel "D"by conveyance of
a perpetual right-of-way through the Chirdon property.It was noted that the
Chirdon's are agreeable to this proposal.So ordered.
OTHER BUSINESS:
Rezoning Recommendations--RZ-264 through RZ-272:
RZ-264--"A"to "BL"Map Amendment:
The Executive Director entered two letters for the public hearing record held
on November 14,from Richard Myers and Christine Ridge adjacent property owners,
both in opposition to the proposed rezoning.Following this,the Commission voted,
on a motion by Mr.Dwyer,seconded by Mr.Barnhart,to forward a recommendation to
the Board of County Commissioners that the application be denied on the basis of
the findings of fact in the staff report and the testimony presented at the public
hearing.The motion carried with Mr.Roulette and Mr.Wolford abstaining.So ordered.
RZ-265--Joan J.Reese,et aI,"A"to "BG":
A letter that was received during the ten day period following the public hearing
held on November 14 from Isabelle Moser in opposition to the application was read
into the record.Following this,a motion was made by Mr.Zombro,seconded by
Mr.Byers,to grant the requested change in zoning classification from "A"to "BG"
based upon there having been a mistake in the original zoning.Mr.Barnhart voted
"No",Mr.Dwyer voted "No"and Mr.Roulette and Mr.Wolford abstained resulting in
a tie vote.
A motion was then introduced by Mr.Zombro and seconded by Mr.Byers,to table the
vote until the arrival of Mr.Herbst in order to resolve the question before the
Commission.So ordered.
Upon the arrival of Mr.Herbst at 7:35 P.M.,the motion to recommend approval of
the requested change in zoning classification from "A"to "BG"because of a mistake
in the original zoning classification was reintroduced by Mr.Zombro and seconded
by Mr.Byers.Following further discussion,the motion was reiterated as stated
above and voted upon resulting in a majority vote in favor of the motion as follows:
Mr.Herbst,Mr.Zombro,and Mr.Byers voted "Yes".Mr.Dwyer and Mr.Barnhart
voted "No".Mr.Roulette and Mr.Wolford abstaining.
RZ-266--Text Amendment,Section 6.2(c):
On a motion by Mr.Dwyer,seconded by Mr.Zombro,the Commission voted to forward
a recommendation to the Board of County Commissioners to delete Section 6.2(c)
from the Zoning Ordinance which allows beauty shops and barber shops to be permitted
in dwellings as a special exception use.So ordered.Mr.Roulette and Mr.Wolford
abstained.
RZ-267--Text Amendment,Section 8.2(d):
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to forward
a recommendation of approval to the Board of County Commissioners to delete Section
8.2(d)in reference to community centers and swimming pools as a special exception
use.So ordered.Mr.Roulette and Mr.Wolford abstained.
RZ-268--Text Amendment,Section 6.1:
On a motion by Mr.Byers,seconded by Mr.Dwyer,the Commission voted to recommend
approval of an addition to Section 6.1 which is the principal permitted uses of
the Agricultural District to include buildings and properties of a cultural,civic
educational,social or a community service type,libraries,playgrounds,ponds and
community centers.So ordered.Mr.Roulette and Mr.Wolford abstained.
RZ-269--Text Amendment,Section 4.ll(b):
On a motion by Mr.Herbst,seconded by Mr.Barnhart,the Commission voted to recommend
approval of the addition of 4.ll(b)to the Site Plan Format of the Zoning Ordinance
that would permit site plans to be reviewed in a two-stage process.So ordered.
Mr.Roulette and Mr.Wolford abstained.
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RZ-270--Text Amendment,Section 4.12:
On a motion by Mr.Barnhart,seconded by Mr.Dwyer,the Commission voted to forward
a recommendation of approval of the proposal to include in Section 4.12 of the Zoning
Ordinance that the Board of County Commissioners may require assurance,such as
performance bonds,where there may be vehicular traffic causing damage to roads in
districts where business industrial and institutional uses are permitted.So ordered.
Mr.Roulette and Mr.Wolford abstained.
RZ-27l--Text Amendment "PR"District:
On a motion by Mr.Byers,seconded by Mr.Zombro,the Commission voted to forward
a recommendation for approfal of the proposed text amendment that would exclude
mobile home parks from the "PR"District of the Zoning Ordinance.Mr.Herbst
voted "No".The motion carried with Mr.Roulette and Mr.Wolford abstaining.
RZ-272--Text Amendment,Section 27.2:
On a motion by Mr.Barnhart,seconded by Mr.Dwyer,the Commission voted to forward
a recommendation of approval for incorporation into the Zoning Ordinance of the
requirements of Article 66B which states " . . . a regulation or restriction or
boundary may not become effective until 10 days after at least 1 public hearing
in relation thereto .."So ordered.Mr.Roulette and Mr.Wolford abstained.
Power Plant Siting--Status Report:
Catherine Thompson gave a brief report on the status of the Power Plant Siting Com-
mittee saying that the committee has been working with analysis of six sites and
at the recent meeting of the Advisory Board,it was announded that two candidate
sites are now being considered in Washington County and one in Frederick County.
It was explained that the three sites will be evaluated and a final selection made in
April or May of next year after which a public hearing will be held.The criteria
useu in evaluation of the sites was in the area of air quality,coal delivery and
transportation costs,solid waste disposal and transmission line costs.Mr.Barn-
hart said that some concerns have been expressed by the National Park Service
and the C &0 Canal Advisory Commission relative to the environmental impact and
flow problems with the Potomac River that the chosen plant site would create and
have asked that these concerns be addressed before any of the sites are further
identified.
Other items concerning the plant siting were the starting date of the project
which may occur sometime after the year 1990,the length of time before the plant
would become operational,operational costs,and cost analyses of the chosen
candidate sites.
George Sellers Subdivision--Preliminary and Final:
The Executive Director pointed out that this proposal to subdivide was previously
before the Commission for the Conservit site and Newell Enterprises relative to
alignment of the property line in conjunction with the railroad track and private
right-of-way.A variance was granted to subdivide by utilizing a private right-
of-way;however,it was found that the plat was not in conformance with the require-
ments of the Zoning Ordinance by creating a new property line on the curve of the
road which did not meet the required setbacks.The Board of Appeals subsequently
denied a request for a variance for the front yard setback.It is presently
proposed to relocate the road outside the parcel that is to be transferred by re-
location of the property line.The staff stated that the Health Department is
withholding approval until perk tests are performed in the two reserve areas shown
on the plat to make sure they are useable for reserve septic areas.
On a motion by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to grant
the staff administrative authority to approve the plat of record on the condition
that a letter of approval is received from the Health Department.So ordered.
Agricultural Task Force/Planning Commission Joint Meeting Date:
Catherine Thompson asked that the Commission establish a meeting date for a joint
session between the Planning Commission and the Agricultural Study Task Force for
the presentation that will be taken to the public.The Commission agreed to
set Monday,January 23 at 7:30 P.M.as the date for this joint meeting.
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Status of the Urban Growth Area Study:
The Executive Director distributed a status report of the Urban Growth Area Study
since it was endorsed by the County Commissioners to include items that are accom-
plished,items that are in process,and measures that require action by the
responsible agency.It was suggested and agreed upon by the Commission that the
County Commissioners be asked to send a letter of understanding to the City of
Hagerstown and all interested parties for follow-up of these implementation
measures through the County Administrator and the City Administrator.It was also
suggested that a follow-up letter be sent to the Towns of Funkstown and Williams-
port to see what they are doing by of implementation of the Urban Growth Area
priorities.
ADJOURNMENT:
There being no further business,the meeting was adjourned at 8:30 P.M.
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William E.Wolford,Jr.,
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