HomeMy WebLinkAbout1985 Minutes194
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF JANUARY 7,1985
The regular meeting of the Washington County Planning Commission was held on
January 7,1985 at 7:00 P.M.in the second floor conference room of the
County Office Building.
The meeting was called to order at 7:00 P.M.with the following Commission
members and staff in attendance:Vice-Chairman Jack B.Byers;Michael D.
Barnhart;Marianne Jenneke;and Donald E.Zombro.Absent:John C.Herbst;
Richard E.Roulette;and William E.Wolford,Jr.Staff:Executive Dir-
ector Jack S.Hawbaker;Senior Planner Catherine T.Thompson;Associate
Planner Stephen T.Goodrich;Associate Planner William V.Stachoviak;As-
sistant Planner Timothy A.Lung;Paul Prodonovich,Deputy Director,Depart-
ment of Permits and Inspections;and Marion Snyder,Secretary.
ADDITION TO AGENDA:
At the request of the Executive Director,the Commission voted to include
an addition to the evening's agenda to consider an application for subdi-
vision of land proposed for Merle Morris and Wife.Motion by Mr.Barnhart,
seconded by Mr.Zombro.So ordered.
DELETION:
The Executive Director said that the PUD Study Committee Report has been
deleted from the agenda because of the length of the agenda and will be
rescheduled for a special meeting,the date of which is to be discussed
later in the meeting.
MINUTES:
The minutes of the regular Commission meeting held on December 3,1984,
were approved and accepted as received on a motion by Mr.Zombro,seconded
by Mrs.Jenneke.So ordered.
The minutes of the special meeting held on December 13,1984 in conjunction
with the Economic Development Commission and County Engineer were approved
as received by consensus of the Commission.
NEW BUSINESS:
~~rianc~Requests Under Section 107:
.8.<:'L Shindle:
The staff outlined a variance request on behalf of Mr.and Mrs.Roy Shindle
to allow creation of a new point of access on the north side of Md.Route
68 (Minor Arterial)approximately 35'to the east of an existing driveway.
The lot in question was approved on April 4,1982,proposing a common drive-
way for Zello and the new lot,as suggested by the Planning Commission in
lieu of separate access points.Due to the location of an existing tree
and stone retaining wall,this arrangement is now found to be impractical.
The new driveway would be approximately 175'from the next access point to
the west.
On a motion by Mr.Zombro,seconded by Mr.Barnhart,the Commission voted
to grant the variance as requested.So ordered.
Susan Angelus:
A request for a variance to Section 405.ll(B)of the Subdivision Ordinance
was heard on behalf of Susan Angelus.The existing Angelus lot includes a
60'wide panhandle to Sprecher Road (Local)and has an existing driveway
which serves the Angelus property,provides rights-of-way for two other
existing dwellings,and is also proposed to serve as access for the new
2 acre lot.The staff strongly recommended,that should the parcel be ap-
proved,that the right-of-way for the new lot be written into the deed of
conveyance and noted on the plat.
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§usan Angelus,Cont'd:
The Commission,on a motion by Mr.Barnhart,seconded by Mr.Zombro,voted to
grant the variance as presented with the condition that a right-of-way fOr the
new parcel be recorded as recommended by the staff.So ordered.
Clarence Kefauver:
A variance was requested to waive the requirements of Section 405.ll(B)of the
Subdivision Ordinance to permit creation of 3 lots without public road frontage.
Lots 3,4,and 5 are proposed to front on a 65'wide'strip of right-of-way that
extends to the Porterstown Road,owned by B.'J.Morgan.Proposed lots shown
as 1 and 2 would have frontage on Porterstown Road.The agent for the developer,
Russell Townsley of Fox and Associates,Inc.,said that the owner does not wish
to provide the required 25'of lot frontage by extending a panhandle for lots
3,4,and 5,and said that the owner is agreeable to a statement on the plat of
record to absolve the County from responsibility of acceptance or maintenance
of the right-of-way.He also said that the owner may be willing to restrict
any future subdivision of lots.The staff recommended disapproval of the subdi-
vision application as proposed.
A motion was made by Mr.Barnhart to disapprove the subdivision application as
proposed on the basis that the 25'road frontage requirement has been imposed
as a condition for approval on similar variance requests in the past.The
motion was seconded by Mrs.Jenneke.Mr.Zombro voted "No".The motion carried
with Mr.Byers voting "Aye".
Proposed Subdivi~ion --Phil Myers from Elizabeth H.Werth:
At the regular meeting on November 5,1984,the Planning ,Commission approved a
simplified plat for Elizabeth H.Werth for conveyance to the Pentacostal Church
of God.This approval carried with it the stipulation that any plans for con-
veyance of a remaining 11 acre parcel during the time that the moritorium on
Neck Road remains in effect would have to be reviewed by the Planning Commission.
A request has been received to review a potential subdivision of the 11 acre
tract which the party of interest proposes to purchase.The applicant has asked
for direction as to whether to proceed with preparation of a plat for a proposed
2 lot subdivision.
No objections were expressed by the Commission,recognlzlng that all agency
requirements would have to'be met at such time that an application for subdivision
is submitted for review.
Subdivisions:
Edwin B.Glesner,Jr.--Preliminary and Final:
The staff reviewed a 2.35 acre industrial subdivision located in the Interstate
Industrial Park along Governor Lane Boulevard that is proposed to be conveyed
to Hagerstown Produce.It was pointed out that preliminary and final subdivision
plat approval only,is being requested since a Site Development Plan will be
required.The only outstanding item is an approval letter from the Sanitary
District relative to approval of the sewer allocation.The staff asked for
authority to grant final approval administratively once this approval has been
received.
The Commission voted,on a motion by Mr.Zombro,seconded by Mr.Barnhart,to
grant preliminary and final approval to the subdivision application contingent
upon receipt of unconditional written approval of the sewer allocation permit
from the Sanitary District after which the plat of record may be signed off
administratively by the staff.So ordered.
Site Plan --Fahrney/Keedy Retirement Center:
The Executive Director said that as a result of a Preliminary Consultation held for
the Fahrney/Keedy Retirement Center in 1984 that proposed residential retirement
rental units,the Zoning Ordinance was consequently amended to provide for this
type of development.The amendment generally stated that the design standards for
the cluster concept in Section 22.82 of the Zoning Ordinance be followed with the
exception that the lots need not be subdivided.The staff reported that all agency
requirements have been satisfied.
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F~hrney/KeedY_Retire~~enter,~nt'd:
The main concern of the Commission was the adequacy of facilities and access for
emergency vehicles,and voted,on a motion by Mr.Barnhart,seconded by Mrs.
Jenneke,to grant Site Plan approval based upon review by Fire and Rescue
Communications and receiving their comments,if any,relative to the adequacy
of fire protection services.So ordered.
Proposed Site Plan --Roy Craig:*Amended 2/4/85
The Zoning Administrator reviewed a proposed Site Plan for Roy Craig,situated
within the Highway Interchange District on Broadfording Road near the inter-
section of Md.Route 58 and Interstate 81.The property,which has been in
operation as a blacktop sealing business since 1974,is proposed for expansion
to include a 30'by 75'new metal building.It was pointed out that the pro-
posal is subject to Board of Appeals action relative to special exceptions and
several variances and was brought to the Commission pursuant to Section 19.7
of the Zoning Ordinance to see if any additional requirements would need to be
imposed prior to submittal to the Appeals Board.
By consensus,it was agreed that Mr.Craig be advised to proceed with an appli-
cation to the Board of Appeals with no additional landscaping or screening
requirements being imposed by the Planning Commission.
OTHER BUSINESS:
Sugdivision Approval Status for Sherry Glenn and Maxine Unger:
The Executive Director brought to the attention of the Commission,a situation
relative to the recordation of subdivision plats which was added to the Sub-
division Ordinance in 1981,wherein the approved subdivisions of land have not
been conveyed and therefore not recorded .with a deed.The plats in question
are Parcels A and B for Sherry Glenn,approved in 1982,and 5 Plats for Lots
E,F,H,K,N,and 0 for Maxine Under,and Others,approved in 1981.Since
these particular plats have become void,the Executive Director asked the Com-
mission to either grant a variance or waive the 2 year recordation for these
parcels in order to validate the plats.
On a motion by Mr.Barnhart,seconded by Mr.Zombro,the Commission voted to
waive in perpetuity,the 2 year recordation requirement for these particular
owners,Sherry Glenn,Parcels A and B;and Maxine Unger,and Others,Parcels
E,F,H,K,N,and O.So ordered.
The Commission discussed alternatives for compliance with this requirement of
the Ordinance in cases where there has been no conveyance.It was suggested
that an 18"by 22"sheet could be used instead of the 8 1/2"by 14"sheet so
that the plat is recorded in the plat records instead of with the deed of con-
veyance.No decision was reached in this matter.
Subdivision Plat --Merle Morris and Wife:
The Commission considered a proposed subdivision consisting of a replat of Lot 2
and subdivision of Lots V-I and V-2,situated on Mt.Lena Road for Merle Morris
and Wife.The plat contains a note relative to an outstanding equity case
relative to aCCess to the Cushwa property located to the rear of proposed Lot
V-2.It was determined by the Commission that conveyance of the lots does not
appear to compound any problems with the pending equity case,and on a motion
by Mr.Barnhart,seconded by Mr.Zombro,voted to grant approval of the subdi-
vision application SUbject to all existing roads and improvements being shown
on the plat of record.So ordered.
Preliminary Consultations:
Town Oak Village:
The staff reviewed the status of Town Oak Village,Section B,Concept Plan,for
which a preliminary consultation was held on December 6,1984.The plan proposes
9 townhouse units,10-twelve unit apartment bUildings,a 36-unit condominium,
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Town Oak Village,cont'd:
tennis courts,community and maintenance building,and a pool on 20.79 acres.
Memberships are to be sold to the recreational facilities.The main concern
expressed by the staff is the location of the pool and tennis courts,which,
it was felt,should be more centrally located in compliance with the require-
ments specified by the Zoning Ordinance.
Following discussion of the desirability of having such recreational facilities
as a swimming pool and tennis courts located centrally and adjacent to the
residential portion of the development,the Commission asked that the developer
be contacted and asked for justification for location of these facilities.
The motion was made by Mr.Zombro,seconded by Mr.Barnhart.So ordered.
Londontowne Apartments,Section A,Phase III:
A preliminary consultation held on December 5,1984 for a proposed 200-unit
apartment complex located along the north side of Landis Road was presented
and discussed.It was pointed out that concerns were expressed by the City
Engineer,State Highway Administration,the County Engineer,and the City
Planning Department relative to additional traffic impact on Landis/Day Roads.
The County Engineer has said that he will not approve the plan until such time
that a commitment has been established for road improvements either by the
developer,the County Commissioners,or by some cooperative agreement.It was
noted that funding for improvements is included in the FY'89 C.I.P.,but does
not constitute a firm commitment.It was also noted that since approval of
the existing Londontowne development,a higher and more representative traffic
count of 8 trips per day was now in use,which would further justify improve-
ments being made to the roads.The Executive Director said that the current
proposal now under consideration is a totally different concept than the one
that was previously approved and should be considered accordingly.Following
discussion of who should be responsible for initiating an agreement for the
necessary improvements to Landis/Day Roads,it was the consensus of the Commis-
sion that the agreement between the County,City of Hagerstown and the developer
be reviewed in an effort to resolve the responsibility for road improvements.
Eastpoint Subdivision:
Mr.Byers stepped down from the Chair during discussion of this subdivision,
designating Mr.Barnhart to act as temporary chairman.
The preliminary consultation held on December 13,1984 for the Eastpoint Subdi-
vision for a 6-lot,single-family subdivision located on 4.61 acrea along the
north side of Md.Route 62 was brought to the Commission for information.No
negative agency comments were noted except for caution in placement of the
entrances as noted by the County Engineer who stated that the accesses would
have to be checked in the field for sight distance.It was noted that the State
Highway Administration has designated Md.Route 62 as Md.804-B,a Local road
classification.A letter from Leigh R.Sprowls,adjacent landowner,was also
read for information of the Commission.No action necessary.
At this point,Mr.Byers resumed the Chair.
Honey-In-The-Rocl~~bdivisio~:
For information,a preliminary consultation held on December 18,1984 was reviewed
by the staff for Honey-In-The-Rock,a proposed l4-10t,single family subdivision
located on 20.10 acres along the south side of Gossard Mill Road.The staff
noted that a variance will be required to allow the length of a cul-de-sac to
exceed the 600'distance allowed by the Subdivision Ordinance.A condition for
approval of the variance that may be imposed could be the placement of aT-turnaround
midway in the cul-de-sac,but removed from the driveway locations.No action
required.
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liThe Woods"Subdivision:.__..__._--
For the information of the Commission,the staff reviewed the current status of
"The Woods"Subdivision.A preliminary consultation was held on December 19,
1984 to discuss the concept plan which consists of 65-single-family residential
lots located on 70.21 acres along the north side of Md.Route 68.The Health
Department representative has said that they would prefer that the developer
request that the site be served with public sewer provided by the Town of
Boonsboro.Concern was expressed that additional sewage disposal may contam-
inate the groundwater due to the reduction in lot sizes allowable by the pro-
vision of public water service.The Health Department has taken the position
that if the site cannot be served with public sewer,the number of proposed
lots should be reduced.No approvals have been granted by the Health Depart-
ment for any phase of the development.
The Boonsboro Board of Public Works Administrator stated that the developer
had applied for public sewer but the Town will only serve annexed property and
that the land must be contiguous to the town limits in order to be annexed.
The developer said that he is receptive to annexation of each phase as it is
developed,provided both water and sewer service is available.Also,extension
of the existing water line to the property would be the responsibility of the
developer.The developer was also advised by the Planning staff of the neces-
sity to change the water and sewerage classification from W-7,S-7,to S-3,
W-3 in the Water and Sewerage Plan,which could be requested at the same time
that the plat is submitted.
It was generally agreed that the Commission could have no further involvement
with the subdivision until an agreement has been reached between the developer
and the Town of Boonsboro in regard to the provision of services.
South .County Parks Stat~s:
Parks Planner William Stachoviak,reporting on the status of the South County
Park,said that the POS application has been approved by the State of Maryland
Board of Public Works.The boundary survey for the application is complete
and property settlement is scheduled for January 11.Based upon review by
the County Engineer relative to the road right-of-way,the concept plan will
be taken to the Parks Board at their next meeting on January 13,and on the
basis of the Board's approval,the detailed design will be proceeding on schedule.
Industrial Park Road:
The Executive Director reviewed the discussion that took place at the special
meeting of the Planning Commission and the Economic Development Commission on
December 13,1984,relative to the alternatives under consideration for exten-
sion of a roadway corridor from the Industrial Park to the Valley Plaza area
versus extension of Massey Boulevard.He said that the consensus reached by
the two Commissions was that the extension of a road from the Detention Center
in the Industrial Park to the Valley Plaza area,by whatever corridor chosen,
would be correct rather than to extend Massey Boulevard.The Engineering Depart-
ment is doing some preliminary alignment studies in relation to proposed corridors
A and B.
By consensus,the Commission agreed to forward a copy of the minutes of the joint
meeting of the EDC and Planning Commission to the Board of County Commissioners
with the recommendation that the proposals as outlined by the two commissions in
their discussion and conclusions be pursued.
C.LP.
The Executive Director said that forms for the FY'86 C.LP.submittal have
been distributed to all concerned departments and are to be returned by Febru-
ary 1,after which he will be asking the Planning Commission to set a date to
meet in a special session sometime in February to review some of the items submitted.
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-"UD StudyCommiteee Re1'2!t:
The date set for the PUD Study Committee was established for Thursday,January
17 at 9:00 A.M.to take place in the second floor conference room of the
County Office Building.Members of the Study Committee will be making their
presentation to the Planning Commission at that time.
ADJOURNMENT:
There being no further business,the Commission adjourned the meeting at
10:25 P.M.
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William E.Wolford,Jr.,Chairman
200 WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF FEBRUARY 4,1985
The Washington County Planning Commission held its regular meeting on Monday,
February 4,1985 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;
John C.Herbst (arriving at 7:30);Marianne Jenneke;Richard E.Roulette;and
Donald E.Zombro.Absent:Michael D.Barnhart.Staff:Executive Director
Jack S.Hawbaker;Senior Planner Catherine T.Thompson;Associate Planner Stephen
T.Goodrich;Associate Planner William V.Stachoviak;Assistant Planner Timothy
A.Lung;Paul Prodonovich,Deputy Director,Department of Permits and Inspections;
and Marion Snyder,Secretary.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
At the request of Mr.Prodonovich,the Minutes of January 7,1985 were amended
under Roy Craig Site Plan to state,"The property,which has been in operation
as a blacktop sealing business without a permit since 1984,..."The minutes
were then approved and adopted as amended on a motion by Mr.Zombro,seconded by
Mr.Byers.So ordered.
NEW BUSINESS:
Variances:
Bruce N.Hoffman:
Assistant Planner Tim Lung reviewed a request for a variance to the requirements of
Section 405.ll(b)of the Subdivision Ordinance for Bruce N.Hoffman through his
engineer,J.H.Seibert.The request is to create Lot 1 with access to Kaiser
Ridge Road by deeded right-of-way across remaining lands of Mr.Hoffman who is
proposing to subdivide two lots.Due to sight distance limitations,direct access
to the proposed Lot 1 is not possible,requiring a variance to locate the driveway
for Lot 1 south of the subject parcel by deeded right-of-way on remaining lands.
On a motion by Mr.Zombro,seconded by Mr.Byers,the Commission voted to grant the
variance as proposed.So ordered.
Mr.and Mrs.Gary W.Green:
Associate Planner Steve Goodrich presented a variance request to waive the require-
ments of Section 405.ll(b)to permit subdivision of a 1 acre lot containing an existing
dwelling from the remaining lands which the Greens will retain.The parcel with the
existing dwelling is intended for conveyance with a right-of-way over the existing
driveway on a 25'panhandle which the Green's will retain with the remaining lands.
A variance was previously granted on May 3,1982 to allow subdivision of Lot 1 from
the Green property without public road frontage.The access point to U.S.Route
40 is located on an adjacent property and required a variance granted January 8,
1979 to permit the entrance with less than the required separation distance of 300'
The existing driveway will ,be serving four families.
On a motion by Mr.Zombro,seconded by Mr.Roulette,the Commission voted to grant
the variance as requested.So ordered.
Subdivision:
Anthony W.Tusing--Preliminary and Fi~al:
Steve Goodrich reviewed a subdivision application for Anthony W.Tusing that proposes
a subdivision of 18.21 acres into two parcels,one containing 10.61 acres on which
there is an existing mobile home park with 39 mobile homes.The existing mobile
home park is served by a paved hard surface road and is located on the south side of
Md.Route 68 (Minor Arterial).The remaining 7.6 acres is to be retained by the
owner.
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Anthony W.Tusing,cont'd:
It was pointed out that the Health Department has requested a reV1Slon establishing
an easement on 1.37 acres of the remaining lands to be used as additional septic
reserve area for the mobile home park.This has been accomplished on the plat.
There are no outstanding agency approvals and the staff has recommended approval.
On a motion by Mr.Byers,seconded by Mrs.Jenneke,the Commission voted to grant
Preliminary and Final Approval to the plat file.So ordered.
Site Plans:
Dutcher Industries,Inc.:*Amended March 4,1985
Senior Planner Catherine Thompson reviewed a site plan application for Dutcher Indus-
tries,Inc.,a manufacturing facility to be located in the Washington County Industrial
Park on Western Maryland Parkway.The business is proposed to occupy the shell building
constructed by the County,either by lease or purchase agreement.The Water and Sewer-
age Plan designates the W-l and S-l classification,indicating the presence of public
water and sewer.It was pointed out that all agency and ordinance requirements have
been satisfied.The staff recommended more landscaping at the front of the building
to provide additional screening from the 1-70 Interstate Highway.Otherwise,the
landscape design proposed by the developer was thought to be adequate.Mr.Morin,
Architect for Dutcher Industries,said that they would like to have a sign on the
front of the building for identification purposes to help locate the facility,but
would be agreeable to provide additional landscaping so long as the sign could be
visible from the highway.
On a motion by Mr.Roulette,seconded by Mr.Byers,the Commission approved the Site
Plan with the condition that the landscaping detail be worked out between the
architect and the Planning staff.So ordered.
Hagerstown Business College:
Steve Goodrich reviewed a Site Plan application for Hagerstown Business College to
be located on the north side of Crestwood Drive,west of Pennsylvania Avenue.The
7.281 acre site is zoned BL,which is in conformance with the Zoning Ordinance for
schools and colleges.The proposed development is a business school,dormitory,and
related parking and access roads.Entrances are proposed for the eastern and western
portions of the development with the road traversing the edge of the parcel forming
a loop with the development to the interior.The sidewalk network connects on-site
dormitories to classroom building and parking areas.Landscaping,signing,and lighting
are adequate.
On a motion by Mr.Roulette,seconded by Mrs.Jenneke,the Commission voted to grant
approval to the Site Plan application.So ordered.
Billboard Application--Review and Herald Publishing Association:*Amended March 4,1985
Paul Prodonovich,Zoning Administrator,said that an application has been made by Review
and Herald Publishing Association for an outdoor advertising sign,the maximum height of
which would be 8'and 4'x8'in length.The sign is proposed to be located next to
Interstate 1-70 with the minimum setback being 50'from the right-of-way under the
County's Zoning Ordinance.The application is before the Board of Appeals for a vari-
ance because the sign would not be on the same parcel of land as the plant location.
It was pointed out that although signs are a principal permitted use in the HI District,
approval must be obtained from the State before the sign can be permitted.Under State
regulations,outdoor advertising signs located on a primary road cannot be granted a
permit.Mr.Prodonovich said that the application was brought to the Commission
to see if any additional restrictions should be imposed pursuant to Section 19.3 should
approval be obtained from the State.A representative of Review and Herald said that when
the Industrial Revenue Bond was approved the company was required to put a portion of
the land up for security and that is the separate parcel of land where the sign was
intended to be placed.He said that their architect was asked to design a sign that
would fit into the overall design concept of the building and provide a sign vis able
from the Interstate highway for identification purposes.
The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Zombro,that no addi-
tional restrictions would be imposed other than those prescribed by the Ordinance.It
was also agreed that the Executive Director would prepare a letter stating no objections
to the sign and that it is consistent with the requirements of the Ordinance for the
HI District without imposing further restrictions.So ordered.
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COMMUNICATIONS:
Letter from the State Health Department:
For information,a letter from Harry Sandberg,Regional Consultant for the Division
of Residential Sanitation,Department of Health and Mental Hygiene,was brought to
the attention of the Commission.The letter,dated January 17,1985,stated in
summary that it was felt that State construction permits are not required prior to
plats being approved locally.
NEW BUSINESS:
Agricultural Preservation District Application:
Robbins/Rall/Blumbergc-AD-84-2:
Steve Goodrich reviewed an application for establishment of an Agricultural Preservation
District submitted by Dr.Jacob Robbins,et aI,located on the south side of Powell
Road west of its intersection with Taylors Landing Road and consisting of 448 acres.
The staff report indicated that the application has been reviewed and approved by the
Agricultural Advisory Board and is consistent with the criteria as set forth in the
review process.
On a motion by Mr.Zombro,seconded by Mrs.Jenneke,the Commission voted to forward
a recommendation to the Board of County Commissioners that the application is not
inconsistent with the policies of the Comprehensive Plan.Motion carried.Mr.Roulette
abstained pending hearing by the County Commissioners.
OTHER BUSINESS:
Preliminary Consultations:
William Pennington and Holiday Farms,Section III:
Copies of the minutes of the Preliminary Consultations held for William E.Penning-
ton on January 10,and Holiday Farms,Section IlIon January 4,were sent to the
Commission for information.No comments in addition to those contained in the
reports were required.
Town Growth Area Study for Smithsburg:
Catherine Thompson reviewed action taken by the Smithsburg Town Growth Area Study
Committee at their meeting held on January 17,explaining that the committee had
made a slight adjustment to the map that was developed through a base map and
overlays to establish a proposed Town Growth Area.The area adjusted was a farm
along Itnyre Road because of the feasibility of the extension of sewer services in
that area.She explained that two population elements were used to establish the
future growth for the next 20 years,the first being the popUlation figure for the
year 2005,and secondly,any vacant land in the Town Growth Area to accomodate that
projected population growth.It was decided to use the Smithsburg/Cavetown Election
District #7 because the Town Growth Area Boundary follows the District #7 line.
The Growth Area as proposed contains the theoritical capacity to support 2859 peo-
ple,nearly three times that anticipated.It was felt that this was not too large
an area due to the study to be done for commercial and industrial vacant land to
serve the growth area.The next meeting of the committee is scheduled for February
14 at which time the topics of discussion will be the PUD and desirable locations
for business and industrial development.
South County Park Status:
The Executive Director said that a presentation of the South County P,ark.{Con·cepct
was made to the Parks Board one week ago and one to the County Commissioners this
past Tuesday at which time the Board endorsed the concept that was recommended by
the Parks Board;essentially the concept that was presented to the Commission at
the last meeting.Bill Stachoviak said that the plan provides for two regulation
softball fields,a large parking lot,small parking lot,restroom buildings,etc.
The total cost is estimated to be $217,000.It is expected that the survey work
will begin as soon as weather permits.The park is planned to be ready for service
by next year and is proceeding on schedule.
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Text Amendments for First Quarter Rezoning Cycle:
The Executive Director reviewed the proposed text amendments for the first quarter
to get the Commission's endorsement of the amendments for advertising.
Section 4.11--Site Plan Requirement:This is to be amended to include
the requirement for site plan submittal for all schools and colleges in any
zoning district.The text has been shortened and at the same time includes the
requirement for special exceptions in the C,A,RR,RS,and RU Districts.
Section 4.16--A new proposed section that would add landscaping standards.
Section 4.17--Play lots--Standards for play lots.The Commission directed that
this section be rewritten and mailed to the Commission for further review and comment.
Section 10.6--This section is to add a cross reference to Section 4.16 which is
the new section for landscaping standards.
Section 10.7(b)--Also a cross reference to Section 4.17,play lots.
Section 28.80--Is being proposed pursuant to instructions to delete the phrase
that reads,"at any given time"on the Mineral Extraction Operations.
The Executive Director said that there is another text amendment that is not included
in the package having to do with clarification of the ordinance with some additional
verbage.
The Commission agreed by consensus to proceed with advertising the text amendments
for public hearing with the understanding that Section 4.17 would be rewritten.
Administrative Procedures for Rezoning:
The Executive Director said that the Administrative Procedures have been rewritten
to so that they can be signed by the President of the Board of County Comissioners
and the present Chairman of the Planning Commission.Mr.Prodonovich said that
the procedures for rezoning applications have been changed to indicate that there
is a joint hearing by the Board and the Commission and at what point in time the
Commission makes its recommendations to the County Commissioners.He asked that
the new procedures be adopted so that the old procedures,adopted in 1973,can be
discarded from the records.
The Commission suggested that something of a more general nature be written to say
that a joint public hearing is held and recommendations made by the Planning Commis-
sion that can be passed out for information of the public.By consensus,the
Commission agreed that the guidelines should be rewritten in a general nature and
to recommend to the Board of County Commissioners that the old Administrative Pro-
cedures be repealed.
1985-1986 Work Program:
The Executive Director reviewed the proposed Work Program for the Commission for
1985-1986 that includes elements of the Comprehensive Plan and other work programs
as required by State and local law.In particular,he pointed out that the Highway
Interchange Study,that was done some years ago by consultants,should be reviewed
in order to utilize the HI Districts more fully by establishing guidelines.
The Executive Director will also look at the Urban Growth Area Study to see what
recommendations were made relative to a mechanism for payment for interconnections
of water lines,oversize mains,etc.,that will be required by the City of Hagerstown.
Mr.Roulette suggested that a self evaluation program be included in the Work Program
where,as a group,office operations would be reviewed relative to meeting the needs
of the public.The Commission agreed that the self evaluation program should be
included in the Work Program for the Staff and the Commission members.Mr.Hawbaker
said that he would come back to the Commission with recommendations to initiate the
Self Evaluation Program as a part of the Commission's Work Program.
By consensus,the Commission endorsed the Work Program as outlined by the Executive
Director and as discussed above.
Londontowne Section "A"Road Status:
The Executive Director said that during a Preliminary Consultation held for Londontowne,
Section "A",the County Engineer said that prior to any further development,an up-
grading of Landis/Day Roads will be required.The Executive Director asked for
reconfirmation on the agreement between all involved parties relative to responsibility
for upgrading the road as discussed in a meeting of the Hagerstown Planning Commission
and the County Planning Commission on April 14,1982.
By consensus,the Commission reaffirmed the commitments made for the Londontowne
Development Process as outlined following the joint meeting held by the two Commis-
sions on April 14,1982.
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PUD Study Committee Presentation:
The Executive Director said that the PUD Study Committee Report has been rescheduled
for Thursday,February 14 at 1:30 P.M.at which time the Martin's Crossroads Water
line will also be discussed.An agenda for the meeting will be mailed.
crp Review Meeting:
The Executive Director explained the crp process to the Commission whereby the
departments and agencies submit their projects to be included in the Capital
Budget and asked if,given the nature of some of the projects,the Commission
would want to review these items.
The Executive Director said that if the Commission felt that there should be a
meeting to review the crp he could have more specifics available for the meeting
on the 14th,at which time a meeting date could be set.
The Commission concurred with the Executive Director's suggestion in regard to
review of the crp and agreed to set a meeting date on the 14th.
Amendment to Section 10.6(e):
A question was raised by Paul Prodonovich referring back to the text amendment for
Section 10.6(e).He asked if the landscaping standards were intended to be refer-
enced for the RM District when a site plan is involved or if the intention was to
reference landscaping standards for all districts where site plans are required.
The Commission asked the Executive Director to work with Mr.Prodonovich to determine
what the cross reference should be.
ADJOURNMENT:
The meeting was adjourned at 9:50 P.M.
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William E.Wolford,Jr.f Chiirman
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WASHINGI'ON COUNIY PLANNING COMMISSION
SPECIAL MEETING OF FEBRUARY 14,1985
The Washington County Planning Commission met in Special Session on Thursday,
February 14,1985 with representatives of the washington County Sanitary District
beginning at 1:30 P.M.to discuss the Martin's Crossroads Water Line,and with
the PUD Study committee starting at 3:00 P.M.to receive the committee's report
and re=nmendations on the density question in the Robinw=d area.
In attendance were:Planning corrmission and Staff:Chainnan William E.Wolford,
Jr.;Vice-Chainnan Jack B.Byers;Michael D.Barnhart;John C.Herbst;and Marianne
Jenneke.Staff:Executive Director Jack S.Hawbaker;Senior Planner Catherine T.
Thorrpson;and Marion Snyder,Se=etary.Sanitary District:Executive Director
Palmer Dawson;Project Director Robert M.Johnson;and Malcolm Davis,Michael
Shrader and Edward Rerm,Engineering Consultants.Members of the PUD Study Committee
in attendance:Richard Thomas,Superintendent,Water Polluntion Control;Dr.George
Elliott,Hagerst=Junior College;and Richard A.Kautz,Hagerst=Planning
Department.
The first segment of the meeting was called to order at 1:30 P.M.
The Executive Director summarized the policy statement adopted by the Planning
corrmission for the proposed Martin's Crossroads Water Line and its significance
to the Urban Growth Area Boundary adopted by the Planning Commission and the Board
of county Corrmissioners.The adopted policy states that development in.the
Martin's Crossroads/Cearfoss area should be limited to that which can be supported
by the new water line and by the present zoning density limitations.
Mr.Hawbaker said that a preliminary consultation was held on February 1,for a
proposed IlDbile home park to be located in the area of Broadfording Road and Md.
Route 63,consisting of 90 units.The IlDbile home park would be in the proposed
service area of the Martin's Crossroads water line.A discussion ensued about the
density of this type of developrrent outside the Urban Growth Area and its effect
on the policies of the Corrprehensive Plan,the adopted Urban Growth Area Boundary,
and the Water and SEWerage Plan.Mr.Hawbaker asked for direction from the Com-
mission for this and similar future developrrent outside the UGA.The Commission
discussed the requirements of the zoning Ordinance which allows a density of 8
IlDbile home spaces in a IlDbile home park that is allowed in the Agricultural
Districts of the County only and the question arose if the Zoning Ordinance might
be in conflict and inconsistent with the policies of the Corrprehensive Plan.The
corrmission concluded that the question may need to be addressed by adopting nEW
sections of the Zoning Ordinance or the Corrprehensive Plan.
Bob Johnson,Project Director for the Martin's Crossroads/Cearfoss Water Line,
said that the proposed line concentrates on serving existing development where
there are health problems and that the line is sized for fire protection in the
area.The proposed l=p to the Conococheague Creek is not included in the
funding package at this time but will depend on the outcome of the public hearing.
He said a public hearing is expected to be held sometime in March with the con-
tracts corrpleted and ready for bidding within two IlDnths after the public hearing
date.Mr.Dawson said that the Sanitary District will receive all=ation permits
on a first come,first served basis with the idea of issuing as many permits as
s=n as possible in order to establish a lower distribution rate.
The question was raised whether new wells would be permitted by the Health Depart-
ment once the h=k-up allocations haVe been filled since there have been no wells
dug in the area since 1981.A discussiont=k place about future development on
lots of record and for nEW subdivision in the area.The Executive Director of
the Planning Commission was asked to contact Dr.Neill at the County Health Depart-
ment to ask for the Health Department's policy in issuing well permits where a
public water line exists.Also discussed were future rights of individual property
=ers if a large portion of the allocatable h=k-ups are made to one developer,
such as would be the case with the mobile home park.Aside from the immediate
question of the water line presently under discussion was the question of the
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issuance of well permits for proposed development outside the Urban Growth Area
Boundary where service is available.It was suggested that the question of
limited allocations should be brought out at the public hearing.The Commission
agreed that the plan for the rrobile home park should be addressed by the standards
of the present zoning ordinance and by what the developer is willing to provide
in the way of services.A feasibility study for provision of a sewage treabnent
facility and a private water system should be provided by the developer.
Mr.Barnhart left at 2:45 P.M.The Commission recessed until 3:00 P.M.
The Commission reconvened the meeting at 3:00 P.M.with members of the PUD
Study Committee to receive its report and re=nmendations.
The Executive Director reviewed the summary of the meeting that was held on
December 3,1984,when the density for the lands in the Robinwood area was studied.
Aside from the 11 findings of the oornmittee,the question of rezoning lands
surrounding IDC to RS was discussed.The Executive Director said an RS
classification for the IDC property was appropriate.Mr.Elliott said that
the Board of Trustees of the College wanted to be assured that no problem would
be encountered should the college want to enlarge the facility.Mr.Kautz said
that the Brandenburg property on Northern Avenue should not be assigned the
PUD overlay but should be given the RU classification.Also discussed was the
question of tax assessment if land is rezoned from Agricultural to a higher
density classification.Mr.Hawbaker was asked to contact Richard Grirrm,
Supervisor of the Department of Taxation and Assessments,to determine the
policy of that office for rezoned properties.
It was agreed by consensus of the Commission members and members of the PUD
Study Committee that adoption of the report and preparation by the Planning
staff for map and text amendments be held until an answer can be obtained on
the tax assessment question.It was also agreed that there should be no pre-
assigned PUD designation for lands in the IDC area nON that an RS zoning can
be assigned.
The Chairman thanked the rnernbers of the PUD Study Committee and extended
the appreciation of the Commission for the contribution made by each member of
the oornmittee.The Chairman asked that a letter be sent to all the members
of the Committee saying that the Commission will be making a final re=nmen-
dation at its next reqular meeting and extending an invitation to all who
are interested in attending.Also,the Chairman said that the oornmission
will be =nmunicating directly to the College trustees any zoning changes
affecting the college.
The Chairman said that it was his understanding that the report as presented
except for the question on the agricultural designation was acceptable and
that the staff could go ahead and put these re=nmendations together to bring
to the Commission meeting in March.The Chairman again expressed appreciation
for the Committee's work saying that he was very pleased with the way the
study has taken place.
There being no further business,the meeting was adjourned at 3:45 P.M.
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William E.Wolford,
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF MARCH 4,1985
The Washington County Planning Commission held its regular meeting on Monday,
March 4,1985,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;
John C.Herbst (arriving at 7:15);Marianne Jenneke;Richard E.Roulette (leaving
at 9:10);Michael D.Barnhart;and Donald E.Zombro.Staff:Executive Director
Jack S.Hawbaker;Senior Planner Catherine T.Thompson;Associate Planner Stephen
T.Goodrich;Associate Planner William V.Stachoviak;Deputy Director Paul
Prodonovich,Department of Permits and Inspections;and Secretary Karen R.Luther.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:03 P.M.
MINUTES:
At the request of Mr.Zombro,the Minutes of February 4,1985 were amended under
Dutcher Industries,Inc.to state,"The staff recommended more landscaping at
the front of the building to provide additional screening from the 1-81 Interstate
Highway."At the request of Mr.Wolford,the Minutes of February 4-;1985 were also
~mended under Billboard Application--Review and Herald Publishing Association to
state,"Paul Prodonovich,Zoning Administrator,said that an application has been
made by Review and Herald Publishing Association for an outdoor advertising sign,
the maximum height of which would be 8'and 4'x !!~in length.".The Minutes were then
approved and adopted as revised on a motion by Mr.Zombro,seconded by Mr.Byers.
So ordered.
The Minutes of the Special Meeting held on February 14,1985 were approved as
received on a motion by Mr.Byers,seconded by Mr.Roulette.So ordered.
NEW BUSINESS:
Troupe Run Mobile Home Park--PreliminaryConsultation:
Mr.Goodrich briefly highlighted the Preliminary Consultation held for Troupe Run
Mobile Home Park on February 1,1985.·The concept plan is a proposal for 90.mobile
home units to be placed on a single 29.6-acre tra.ct located in the northeast
quadrant of the Md.Route 63 and Broadfording Road intersection.The property is
zoned Agricultural and,as such,a mobile home park is a principal permitted use
which requires public water and sewerage service.Mr.Goodrich noted the site is
designated W-l and S-7 in the Water and Sewerage Plan.The current classification
is not appropriate for a public sewerage system (S-7).A requirement in making the
necessary change to the Water and Sewerage Plan to permit a multi-use system is
conformance with the Comprehensive·Plan which implies that development of this
density should occur within the Urban Growth Area.The proposal is located within
a Rural-Agricultural Area ..He noted that a resolution is needed to the conflicting
guidelines of the Comprehensive Plan,the Zoning Ordinance,:;tnd the Water and
Sewerage Plan regarding the design and location of the proposal.Mr.Goodrich
informed the Commission that the developer has been advised to make application
for the amendment to the Water and Sewerage Plan.He added that the 'State Health
Department reviews construction plans for package treatment plants and issues the
necessary construction permit;in reviewing plans for the plant,that department
requires conformance with the County Water and Sewerage Plan.
Attorney Kenneth Mackley,representing the owners/developers,spoke at the meeting.
In addition to the staff's comments describing the adjacent land use'),he noted
the existence of a nearby junkyard.Mr.Mackley mentioned the Commission's
Concern for growth of this density being proposed outside the Urban Growth Area,
but questioned the Commission''1 right to deny the.concept on this basis.He also
advised the Commission of the possible legal ramifications if service were denied
due to the high density and reserved for future developments of a lesser density.
He said it is the Sanitary District"'1 goal to allocate the water of the proposed
Martin's Crossroads water line as quickly as possible to keep the rates dawn.
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Mr.Roulette explained that,in his op1n10n,when the Commissioners approved the
Martin's Crossroads water line construction,they had future growth in mind but
not for such density as proposed.Mr.Mackley responded by saying that criteria
should have been outlined then to allow hook-ups for specific uses only.
The Executive Director presented Health Officer Dr.Neill's letter of February 22,
1985 to the Commission stating "Areas designated by the County Comprehensive Plan
to receive public water and sewer,either by the Sanitary Commission,or a munici-
pality are required to hook to public utilities as they become available.In areas
where public water is available,new wells will not be approved.Lots of record
would require public facilities."The letter is in answer to the Executive
Director's letter of February 15,1985 written as a directive of the Planning
Commission's special meeting held February 14,1985 inquiring into the rulings
of the Health Department regarding future water supply in the Martin's Crossroads
area.
Numerous adjacent property owners were present for the meeting and submitted for
the record pictures of flooding conditions around the Troupe Run/Broadfording
Road area and a petition signed by area residents.Speaking for the owners in the
vicinity were Lester Wolfe,Steve Bussard,and Brent Feight.Concerns of the
owners were:inadequate drainage plans;existing wet springs;tax dollars needed
for road and bridge improvements due to the proposed development;inadequate sight
distance and increased traffic congestion on Route 63;possible inadequacy of
Troupe Run as a sewage discharge point;and another mobile home park development
proposed south of Route 40 along Route 63.The OWners asked that the Zoning
Ordinance be amended to eliminate mobile home parks being permitted in Rural-
Agricultural areas in the future.
At the suggestion of Mr.Mackley,it was the consensus of the Commission to direct
the Executive Director to write the County Commissioners requesting an opinion
from the County Attorney as to whether a principal permitted use in the Zoning
Ordinance in a rural district mandates that the Planning Commission amend the
Water and Sewerage Plan when that proposed use may be in conflict with the
policies of the Comprehensive Plan.
e.I.P.Review,New Road Projects:
The Executive Director informed the Commission that the County Engineer was in
attendance to brief the Commission on the proposed new transportation corridors
included in the C.I.P.that may have an affect on future decisions made by the
Planning Commission..
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Mr.
aid
the
Dull reported that replacement of the Battletown Road Bridge using
money and restoration of the Beaver Creek Church Road bridge were
several bridge repair or replacement projects.
federal
among
The County Engineer stated that the project of major priority is Eastern Boulevard.
The first section of the bypass is to be constructed in two phases,(1)from
Rout y 60 at Sears along the eastern side of Northern Avenue then along Antietam
Driv~to the railroad crossing,with construction to hopefully commence this year,
and',C'2)Antietam Drive railroad crossing south along the railroad spur to Route 64
withAthis phase of construction to possibly start in the spring of 1986.He
\">anti0~~pates the road to be open to traffic in the summer or mid-fall of 1986.A
,,·(,~.j1i·,:.':.,-",;',',\."·.'.su1;>'ej3quent section would then extend from Route 64 along the rail spur to the
\.<DW;(l,Highway and then proceed to the Municipal Light Plant on East Memorial Boule-
',';:)iarci.The City of Hagerstown is planning to then acquire the B &0 Railroad
.T~ght_of-way for its extension from the Light Plant to Frederick Street to tie
':Xrto East Wilson Boulevard.He said all engineering is completed and that 90
"~ercent of the necessary right-of-way is under option but not secured.He mentioned
~hat the northern connection from Route 60 to 1-81 would presently be via Marsh
~ike,Longmeadow Road,Route 11,to Maugans Avenue.He added that there is an
existing concept plan for a future extension of Longmeadow Road westward with a
connection to Maugans Avenue.
Other projects Mr.Dull thought might be of interest to the Commission were:
Improvements to Doub Road/Sterling Road from Bower Avenue to the railroad tracks
across Styrling Road;he said the County hopes.!p...someday extend Doub Road to
Governor Lane Boulevard.A correction is,.~.ls·()'']llaI):ned for the dangerous'curve
Bower Avenue at the Potomac Edison entran'i(Y)'/.';:J'!r ••,Dull was in attendance to
present information only to the Commission and
of the Commission."".";,,,,',
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Additions to the Agenda:
By consensus,the Commission voted to add the following items to the agenda at the
request of Mr.Hawbaker and Mr.Roulette,respectively:(1)Dutcher Industries,
Inc.--Subdivision application and (2)Recommendations for rezoning cases RZ-304
and RZ-305 heard in public hearing on February 5,1985.
NEW BUSINESS:
Variance Requests:
Robert S.Pontius (Honey-In-The Rock Subdivision):
Mrs.Thompson presented a variance request on behalf of Robert S.Pontius.The site
is located along Gossard Mill Road approximately 1,800'northwest of Broadfording
Road,in Election District No.13.A variance to Section 405.5 of the Subdivision
Ordinance was requested to allow the developer to extend a cul-de_sac to 750'instead
of the maximum 600'allowed as stated in the Ordinance.Mrs.Thompson also asked
the Commission whether provisions for T-turnarounds should be imposed.
On a motion by Mr.Herbst,seconded by Mr.Zombro,the Commission voted to grant
the variance to the requirement of Section 405.5 of the Subdivision Ordinance as
requested without provisions for T-turnarounds.So ordered .
The Chairman advised the Executive Director that pO,ssibly this requirement should be
added to the list of amendments to be made to the Subdivision Ordinance because of
the number of variance requests to this Section that have been heard by the Commission.
Kenneth McSwain:
Catherine Thompson presented a variance request on behalf of Kenneth E.McSwain.
The site is located along the west side of Hump Road approximately 2,000'south of
Md.Route 144.The request is for a variance from Section 405.ll.B of the Subdivision
Ordinance to create two new lots (Parcels A and B)without public road frontage.
Mr.McSwain is proposing to subdivide the two lots located along a private road
(Evergreen Lane)that is owned by Mr.McSwain and adjacent property owner to the
north,Ronald L.Bowers.Parcel A contains one existing dwelling and Parcel B
contains two existing mobile homes;both proposed parcels are located behind the
parcel being retained by Mr.McSwain that borders Hump Road.Evergreen Lane is a
paved private road currently being used to the above-mentioned dwellings and also
by Ronald L.Bowers and William D.Mullenax.Parcels A and B will be deeded a 20'
right-of-way over Evergreen Lane.
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to grant
the variance as requested.$0 ordered.
COMMUNICATIONS:
Tilghmanton.He~ghts Letters:
The Senior Planner read to the Commission a letter from Washington County Health
Department Sanitarian Scott Monroe dated March 4,1985 stating that the referenced
subdivision was beIng disapproved by that department because of inadequate water
quality.The letter also noted a discrepancy between the developer having
knowledge that test wells were initially required or whether that department
arbitrarily required them as implied in Mr.Teach's letter of February 25,1985 to
the Planning Commission.Relative to the staff's memo to the consultant dated
February 20,1985 suggesting withdrawal,of the plat,the consultant responded with
concerns of future resubmi ttal of the plat having to fol row the On-Site Sewage
Disposal Ordinance;therefore,he did not want to withdraw the plat.'As indicated
by his letter of February 28,1985,the consultant anticipates obtaining acceptable
samples from three remaining test wells and acquiring approval of the groundwater
for the June Planning Commission meeting.By consensus,the Commission voted to
have the staff contact the Health Department to confirm whether the On-Site Sewage
Disposal Ordinance regulations would need to be met and to allow time for the
developer to state his position to the Health Department's letter of March 4,1985.
The Commission also requested the staff to compile a chronology of the plat file.
On a motion by Mr.Byers,seconded by Mr.Roulette,the Commission voted to grant
an extension to the Tilghmanton'Heights Subdivision application to the June meeting.
The expiration date of this additional extension will be July 2,1985.
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Highland 0anor Mobile Home ParkccExtensionRequest:
On a motion by Mr.Zombro,seconded by Mr.Roulette,the Comn'ission voted to grant
a 90 c day extension of time for consideration of Highland Manor Mobile Home Park as
requested by the consultant,Julian L.Oliver,Jr.,P.E.,Associated Engineering
Sciences,Inc.Expiration of this additional extension will be June 23,1985.
NEW BUSINESS:
Gorham Division ~f TextronccPreli~inarl Plat/Site Plan:
The Preliminary Plat/Site Plan for Gorham Division of Textron was presented to
the Commission by Associate Planner Steve Goodrich.The l5.37l cacre site is
located along the northwest side of Industrial Lane in the Interstate Industrial
Park.The site is for an additional packaging and warehouse building in addition
to an existing building elsewhere in the park.He noted that the plan complied
with the specifics of the Zoning Ordinance.The staff reported that all necessary
agency responses have been received and requested preliminary plat/site plan
approval with the staff having the authority to grant final approval administratively.
On a motion by Mr.Byers,seconded by Mr.Roulette,the Commission voted to grant
preliminary plat/site plan approval as requested.
OTHER BUSINESS:
Maietta Zoning Violation:
The Executive Director explained that the.Board of Appeals and the Circuit Court
upheld Mr.Prodonovich's decision on citing the subject individual for extracting
minerals from an Agricultural parcel located on Kemps Mill Road.A copy of the
Judge's Opinion was given to the Commission by Mr.Prodonovich.Mr.Prodonovich
added that he is presently working with the State for reclamation of the property.
He has written to Mr.Maietta requiring restoration of the site to its original
state;the excavation created an 18'dropcoff along the property line of the
adjacent owner,Wallace Taylor,thereby encroaching into the 100'buffer required
by the Zoning Ordinance.He stated that the State will probably be requiring
reclamation on a 3 to 1 slope from the property line,seeded and graded or taking
of the posted bond.He requested direction from the Commission whether to file
suit against Maietta in District Court for a $lOO.OO/day fine for each day of
violation.
It Was the suggestion of the Commission to have Mr.Prodonovich continue to work
with the State to obtain Maietta's compliance with reclamation to protect the
adjoining property owner and to have the County Attorney work with the State's
lawyers,if necessary.
At this time,Mr.Roulette left the meeting.
High's Store Concep,l.,Plan in HI District:
This proposed concept site plan was brought before the Commission at the request
of Mr.Prodonovich to seek whether the Commission,having·the authority,would be
imposing greater building setbacks or buffers on the plan than those required by
the Zoning Ordinance.Mr.Prodonovich noted that the developer will be requesting
the Board of Appeals for a variance to Sections 19.5(c)1 and 4 and he needs to
know the Planning Commission's disposition whether greater setbacks or buffers will
be imposed.The site for the store is situate on the southwest corner of Maugans
Avenue and Martin Road.Mr.Prodonovich advised the Commission to keep in mind
that the developer has supplied adequate buffers.
The Commission agreed with the Executive Director's suggestion to view the site
during a field trip to be undertaken on March 28,and deferred the decision of
whether to impose greater setbacks to the next meeting.
At this time,Mr.Prodonovich asked if the Commission would consider revising the
section of the Zoning Ordinance which allows the Commission to impose greater
buffers.He said there is a conflict in an applicant proceeding with a Board of
Appeals variance including advertising and the Planning Commission then imposing
greater buffers or setbacks and the applicant having to readvertise.It was the
Commission's consensus to be presented with the advantages and disadvantages of a
revision to or elimination of the applicable Ordinance section.
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Date for Site Inspecti~ns:
At the suggestion of the Executive Director,the Commission agreed to schedule a
trip in the field to the site of the proposed High's Store discussed above;the
sites of the rezoning cases for map amendments RZ-302, RZ-303,and RZ-306 to be
heard at public hearing on March 11,1985;the site for the Highland Manor Mobile
Home Park;and the Troupe Run Mobile Home Park site.The trip is scheduled for
Thursday,March.28,1985,at 1:00 p.m.;departure will be from the rear of the
County Office Building by van.
Bicycle Study Report:
Park Planner Bill Stachoviak presented an outline of the proposed Bike Route Study
schedule and a list of proposed members for the committee.Commission member
Michael D.Barnhart volunteered to serve on the committee as the Commission repre-
sentative.Other members are Robert O'Connor,J.Theodore Wolford,John C.Frye,
Alan Zube,and Roy L.Thompson,Jr.
By consensus,the Commission accepted the members listed and Mr.Barnhart to serve
on the committee.
UNFINISHED BUSINESS:
PUD:
The Executive Director summarized the Supervisor of Assessment's letter of Febru-
ary 21,1985 saying that assessments would not change on the properties to be
rezoned under the comprehensive rezoning,but they would have changed had the
request been made by the individual property owner.Mr.Grimm's referenced letter
was in response to the Planning Commission letter of February IS inquiring into
this matter.The Commission agreed that another public hearing should be held on
the Robinwood Drive/Junior College area as a result of the PUD Study Committee's
findings related to densities.Areas presently zoned A are to be reclassified·as RS.
By consensus,the Planning Commission directed the Executive Director to advertise
rezoning cases RZ-289 and RZ-290 for public hearing in the June rezoning cycle.
Mr.Byers abstained for reasons of personal interest.So ordered.
Towne ~ak Village:
A letter dated January 29,1985 from Willis E.Weikert,Jr.of Fox &Associates,Inc.,
consultant for the developer of Towne Oak Village was sent to the Commission.The
letter outlined the rationale for locating the recreational facilities at the southwest
corner of the proposed Section 'B'instead of being centrally located in the develop-
ment for compliance with the requirements specified in the Zoning Ordinance.The
letter is in response to the Commission's order at the January 7,1985 meeting asking
for justification from the developer for the proposed location of these facilities.
It was the COnsensus of the Commission that the letter satisfactorily answered the
concerns of the Commission.
NEW BUSINESS:
Wilderness Industries of Maryland,Inc.(Fleetwood Enterpris..!;'s,In_c.)--SitePlan:
Associate Planner Steve Goodrich said the .referenced site plan was brought before
the.Commission as a matter of information only.The site is located along the east
side of Governor Lane Boulevard in a Planned Industrial zoning district.He stated
that the proposed improvements to the existing business include new structures but
are not considered major improvements.These improvements include expansion of the
parking area,a new building for a chassis shop,and additions to existing buildings.
The staff has administratively commented to,the Department of Building Permits and
Inspections and no action was necessary on the part of the Commission.
Dutcher Indus~r.ies,Inc.--Preliminary andI~_nal Subdivision Application:
Catherine Thompson briefed the Commission on the referenced subdivision application
and noted that the Commission had seen the site plan at its regular February meeting.
She mentioned that the staff needs to designate a road classification for the
Western Maryland Parkway.She said all necessary agency approvals have been received
and the staff is requesting preliminary and final plat approval.
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Dutcher Industries,Inc.(Cont'd.):
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission voted to grant
approval as requested.So ordered.
Fa~rplay Farms,Section 'B'--Preliminary Consultation:
The Associate Planner stated that a Preliminary Consultation was held on February 7,
1985 for a 93-10t resubdivision of a 22-10t approved plat for Fairplay Farms,Sec-
tion 'B'.He added that since approval of the original subdivision,the State
Highway Administration standards have changed and the entrance location,though
the same location as previously approved,would not be acceptable.He said the
concept plan proposes a public water system defined in the Water and Sewerage Plan
as a "community system"which requires a change to the Water and Sewerage Plan;
a similar conflict exists with this change as with the Troupe Run Mobile Horne Park
concept plan.He mentioned that he had been advised verbally by Robert Johnson
of the Sanitary District that the project had been stopped by the developer.The
Preliminary Consultation summary was submitted to the Commission for information
only;no action was required.
OTHER BUSINESS:
Senate Bill 615:
For information,a copy of Senate Bill 615,an Act concerning Zoning and Planning _
Sale or Transfer of Land -Plats,was sent to the Commission.A comment of the
Commission was a suggestion that the right of recission section of the Bill should
be reworded.
Smithsburg Town Growth Area Study:
Catherine Thompson distributed copies of the Minutes of the fourth meeting of the
Smithsburg Town Growth Area Study Committee held on February 14,1985.Mrs.Thompson
noted action items which the committee felt must be undertaken to accommodate
development within the Smithsburg Town Growth Area.Items included:land needed
for placement of an additional water tank;surplus water flow not utilized by
the City of Hagerstown at the Edgemont Watershed should be intercepted,retained,
and made available as a future water supply for serving more of the Smithsburg
growth area;and a recommendation for use of a revolving loan fund between Town
and County governments for financing water and sewer improvements.The next meet-
ing of the Study Committee is scheduled for March 12,1985 at 7:00 P.M.,at which
time the topics for discussion will include desirable locations for business and
industry.
FY '86 Budget:
The Executive Director outlined the proposed budget to be presented to the Board
of County Commissioners on March 19,1985 and asked for the Commission's endorse-
ment.Mr.Hawbaker noted the total budget increase is four percent or $6,500 over
the current budget but includes $5,000 budgeted for a computer/word processor.
By consensus,the Commission voted to adopt the FY '86 Budget as presented.
J984 Annual Report:
The 1984 Annual Report was distributed for the Commission's comments and information.
Mr.Hawbaker noted the Report follows the same format as in previous years.The
Report will be submitted to the County Commissioners at the budget hearing scheduled
for March 19,1985.
Urban Growth Area Study,Action Item No.4:
By consensus,the Commission voted to have the Executive Director and Senior
Planner propose to the Commission at its next regular meeting a list of members
for a special study committee for the purpose of outlining a process to be utilized
by which public improvement costs are equitably allocated between the public and
private developers,both current and future.It was recommended to include a person
with financial expertise as a member.Mr.Zombro also suggested appointing Torn
Dwyer to the committee.
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Rezoning Cases From FebruaEl 5,1985 Special_Public Hearing:
Members present at the February 5 hearing were:Michael D.Barnhart,William E.
Wolford,Jr.;Jack B.Byers;Marianne Jenneke;and Richard E.Roulette.Absent:
Donald E.Zombro and John C.Herbst.
RZ-304--Text Amendment to Section 5.l(k)and
RZ-~05--Text Amendment to Section 6.l(w):
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to
recommend to the County Commissioners for approval RZ-304 to not require additional
lot area,lot width,or setbacks for in-residence beauty parlors or barber shops
in a Conservation District as specified in Section 5.5 or as modified in Article 23,
and RZ-305 to not require additional lot area,lot width,or setbacks for in-residence
beauty parlors or barber shops in an Agricultural District as specified in Section 6.5
or as modified in Article 23.The motion carried with Mr.Zombro and Mr.Herbst
abstaining.There were no dissenting votes.The Chairman recorded the vote for the
four members who attended the meeting.So ordered.
ADJOURNMENT:
The meeting adjourned at 10:22 p.m.An Executive Session followed.
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William E.Wolford,Jr-.Cirman
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF APRIL 1,1985
The Washington County Planning Commission held its regular meeting on Monday,
April 1,1985,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;John
C.Herbst (arriving at 7:15 p.m.);Marianne Jenneke;Richard E.Roulette (leaVing
at 10:00 p.m.);Michael D.Barnhart;and Donald E.Zombro.Staff:Executive
Director Jack S.Hawbaker;Associate Planner Stephen T.Goodrich;Assistant Planner
Timothy A.Lung;and Secretary Karen R.Luther.
CALL TO ORDER:
The meeting was called to order by the Chairman at 6:55 p.m.
MINUTES:
The Minutes of the Regular Meeting held on March 4,1985 were approved as received
on a motion by Mr.Zombro,seconded by Mr.Byers.So ordered.
ADDITIONS TO THE AGENDA:
At the request of the Executive Director,the Commission added by consensus the
following items to the evening's agenda:Site Plan for Shop 'N Gas,Inc.;Norman
Morin Variance Request;and the High's Store Concept Plan in an HI District.
NEW BUSINESS:
Kevin and Debra Knight--Variance yequest:
Mr.Lung presented a variance request on behalf of Kevin and Debra Knight to Sec-
tion 405.ll(B)of the Subdivision Ordinance which states that new lots shall have
a minimum public road frontage of 25'.Landowner Roger Rohrer proposes to subdi-
vide and convey a 3-acre portion of his property located along Trego Road to Mr.
and Mrs.Knight.Direct access from Trego Road is not possible due to the lot
configuration and presence of low-lying wetlands in the northwest corner.Mr.
Rohrer has agreed to grant a deeded right-of-way 25'wide over his remaining land
for ingress and egress to the proposed subdivision with an access point location
which meets the requirements of the Highway Plan and is acceptable to the County
Engineer.
On a motion by Mr.Zombro,seconded by Mr.Roulette,the Commission voted to grant
the variance as requested.So ordered.
Austin Flook--Preliminary and Final Subdivision Plat Application/Variance Request:
Mr.Goodrich explained that the proposed 3.25-acre subdivision located in the south-
west quadrant of the Alternate U.S.Rt.40/Md.Route 68 intersection requires a
request for a variance to the Highway Plan to reestablish a point of access onto
Md.Route 68 only 200'west of the intersection rather than the 500'required
between points of access along Minor Arterial Highways by the Highway Plan.He
said sight distance is good from the proposed access point and topography prohibits
access from Alternate U.S.Route 40 to the site which is the proposed new location
for the Boonsboro American Legion.He said the State Highway Administration also
prefers the proposed location and has stated verbally that it is acceptable sub-
ject to construction standards for a commercial entrance permit.
On a motion by Mr.Roulette,seconded by Mr.Zombro,the Commission voted to
grant approval of the variance as requested.So ordered.
In addition to the variance request,Steve Goodrich reviewed a subdivision appli-
cation for Austin A.Flook that proposes a .62 acre subdivision (Parcel A-I).
The total acreage of the subdivided site that is to house the Legion is 3.25
acres but is divided by the Boonsboro Corporate Boundary.The entire area of
the site is derived by consolidating existing Parcels 'A'and 'B'with proposed
Parcels 'A-I'(within the County)and 'B-1'(within the Town limits).The area
within each jurisdiction will be governed by that body's land use guidelines.
It was pointed out that preliminary and final subdivision plat approval only is
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Austin Flook (Cont'd.):
being requested since a site development plan will be required.The Executive
Director added that the land area within the Town limits had undergone a rezoning
classification from Suburban,Residential to Commercial,General.Mr.Goodrich
said all agency responses have been received including the Town of Boonsboro and
were favorable.
The Commission voted on a motion by Mr.Roulette,seconded by Mr.Byers to grant
Preliminary and Final Plat approval as requested.So ordered.
At this time,Mr.Herbst arrived at the meeting.
Norman Morin--Variance Request:
Mr.Goodrich presented a variance request on behalf of Norman Morin to waive the
requirements of Section 405.11(B)of the Subdivision Ordinance to create two addi-
tional lots and remaining lands (3 building lots)without public road frontage.
The parcel proposed for subdivision consists of 9.74 acres located on the south
side of a private roadway leading eastward from the Marsh Pike,in Election
District No.9,and is presently owned by Frank E.Novinger and wife.The existing
lot currently carries with it a deeded right-of-way over a lane which serves as
access to 7 other dwellings.The applicant is exploring the possibility of upgrad-
ing the lane to County standards for acceptance into the County system.The
Executive Director added that he had been contacted by adjacent property owner
Carl Rosenberry regarding his opposition to the applicant's use of the existing
right-of-way;Mr.Hawbaker said Mr.Rosenberry wished to be notified of any further
subdivision of the 9.74-acre parcel.Following further discussion on the request,
the applicant said he was agreeable to subdividing the parcel into only two pieces
instead of three as originally requested.
On a motion by Mr.Herbst,seconded by Mr.Zombro,the Commission voted to grant
the variance to create two lots without public road frontage out of Parcel 699
with the applicant being responsible for negotiating with Mr.Rosenberry on the
use of the lane.The motion carried with Mr.Byers and Mr.Barnhart voting 'No'.
So ordered.
Mr.Morin and Mr.Rocco submitted a copy of Attorney Michael G.Benjamin's letter
dated March 29,1985 regarding the private lane for the information of the Commission.
Richard Weddle--Preliminary/Final Subdivis~on _Application:
Mr.Lung reviewed a proposed 5.l3-acre subdivision for Richard Weddle located along
the north side of Beaver Creek Road just east of its intersection with U.S.Route 40.
The site contains two existing structures'used for fire apparatus maintenance and
repair which have received site plan review and approval (#SP-84"7/May 21,1984;
#SP-84-3/March 19,1984).All reviewing .agency responses have been received and
are favorable;but Mr.Lung noted that to obtain Health Department approval,an
easement for the required 10,000 square foot septic reserve area located on the
34.38 acres of remaining lands had to be designated on the plat.The staff requested
preliminary and final plat approval.
The Commission voted on a motion by Mr.Roulette,seconded by Mr.Byers,to grant
preliminary and final subdivision plat approval.So ordered.
John Merrbaugh--Preliminary/Final Subdivision Application:
Mr.Goodrich reviewed a subdivision application for lands to be conveyed to John H.
Merrbaugh and Wife,containing 7.5 acres zoned IG,located along the south side of
Md.Rte.114 east of its intersection with Hump Road.The site contains one exist-
ing dwelling and several out buildings.The Hagerstown Water Department and
Hagerstown Water Pollution Control said public services are available to the site
for residential and/or industrial development.Mr.Goodrich noted that a simplified
subdivision plat application for conveyance of additional lands to the eastern side
of this parcel has been approved by the City of Hagerstown;the simplified plat
application was necessary to correct a problem of existing buildings being located
in the buffer area adjacent to the eastern property line.He pointed out that the
SHA requested the placement of a statement on the development plat denying access
onto Route 144 for uses other than residential access to the existing dwelling;
therefore,a 25'wide panhandle to Hump Road has been provided as an access for
industrial uses.All other agency approvals having been received,the staff re-
quested preliminary and final approval with the condition that any industrial develop-
ment of the property would require site plan approval.
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John Merrbaugh (Cont~d.):
On a motion by Mr..Zombro,seconded by Mr.Herbst,the Commission voted to grant
preliminary and final approval as requested.So ordered.
At this point,Mr.Byers suggested that vlclnity maps be included with subdivi-
sion staff reports upon mailing of the agenda packet to the Commission members.
Rolling Hills--Preliminary Subdivision Application:
Mr.Goodrich reviewed a subdivision application for Rolling Hills,Block 6,
Section A,located along the south side of Longmeadow Road opposite its inter-
section with Paradise Church Road.The tract proposes 13 building lots zoned RS
which permits 1 or 2 family dwellings or semi-detached dwellings.The subdivision
is to be served by public water and sewer services.Mr.Goodrich stated that the
original application consisted of Sections A and B but only Section A has been
reviewed and preliminary approval given by the reviewing agencies.Preliminary
approval was granted by the Health Department for Section A with the condition
that before final approval is granted,they must have State approval for the
public water and sewer extensions.Following some discussion by the Commission
on this requirement as it relates to the concerns addressed in the letter from
Harry Sandberg of the State Health Department discussed later in the meeting,
Mr.Roulette requested to be briefed by the Executive Director on this matter.
The Soil Conservation District outlined six items relating to sediment and erosion
control to be addressed.The Sanitary District granted preliminary approval to
Section A and requires a sewer service agreement by and between the District and
the owner.The Hagerstown Water Department granted approval with the condition
that the 30'utility easement between Lots 6 and 7 be shown on the plat;this
is.also required by the State Health Department.Mr.Goodrich also summarized
the County Engineer's memo of March 27,1985 granting preliminary approval of
Section A with conditions.Mr.Townsley of Fox &Associates,consultant for the
owner,stated that relative to Mr.Dull's concern for the proposed curbed streets,
the owner has abandoned the curbed street concept.As a result,the consultant
will be reviewing the drainage calculations for a subsequent meeting with Mr.Dull.
The staff requested preliminary approval of Section A only subject to satisfying
the conditions contained in the agencies'approval letters.
On a motion by Mr.Barnhart,seconded by Mr.Roulette,the Commission voted to
grant Preliminary Approval to Section A with Final Approval subject to satisfying
the County Engineer's conditions and all other agency conditions.So ordered.
Londontowne,Section III-Preliminary Plat/Site F:lan:
A preliminary subdivision plat/site plan application was reviewed by Mr.Goodrich
proposing 200 apartment units located on 21.57 acres situate along the north side
of Landis Road for which a preliminary consultation was held on December 4,1985.
Mr.Goodrich said that existing Queen Anne's Court will be extended into Section III
and form a loop from Section 1 and connect to Landis Road to the east.Access to
the proposed apartment units will be obtained from Queen Anne's Court and also
by way of a private road branching from Queen Anne's Court to the rear of the property.
Existing Abbey Lane also provides access to the far end of proposed Section III.
The Water Department has given preliminary approval contingent upon approval of
the line extension by the State Health Department.Water Pollution Control granted
preliminary approval of the plan and requested four revisions.County Engineer
Glenn Dull granted preliminary approval subject to numerous conditions as contained
in his memo dated March 27,1985.Mr.Sheedy,the developer,has made a commitment
to share in the cost of road improvements referred to in Mr.Dull's memo of up to
$70,000.The SIiA noted its concerns for the inadequacy of the Day Road/U.S.Rt.40
intersection to handle any increased traffic volume.Mr.Goodrich emphasized the
staff's concern for the limited amount of landscaping shown but said it did meet
the requirements of the Zoning Ordinance (1 tree/4,000 sq.ft.of lot area);the
staff recommended additional landscaping.The staff also recommended that the
tot lots be more evenly distributed throughout the development.Mr.Sheedy said
his intentions are to retain as many existing trees on the western side of the
subdivision as possible;reestablish the buffer of pine trees on the adjacent
parcel to the east which he sold previously;and to design flowerbeds in front
of the proposed apartment buildings.The developer mentioned that he is receptive
to working with the staff on additional landscaping and other design criteria.
Mr.Sheedy brought to the Commision's attention his concern for emergency vehicle
access at the northern end of the subdivision because of the 'break'required by
the Zoning Ordinance between parking areas.The staff is to work with the developer
and consultant on an acceptable design of the 'break'.
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Londontowne,Section III--(Cont'd.):
On a motion by Mr.Roulette,seconded by Mr.Byers,the Commission voted to grant
preliminary plat/site plan approval subject to satisfying the conditions as outlined
by the staff's report and the staff's approval of a revised site plan.So ordered.
The Commission discussed further its review of plans for approval that have not
been given adequate time for review by the staff because of pressures from the
developer and/or consultant to have it presented at a Commission meeting before
all reviewing agency conditions have been addressed.Mr.Roulette felt it was
the staff's responsibility to work more closely with the developer and consultant
in plan design.Other Commission members believed it was not the staff's responsi-
bility to do more than suggest alternative or additional design criteria and that
the major design responsibilities were the consultant's.
OTHER BUSINESS:
Highway Interchange Development--Louis B~nkley:
The Executive Director explained that Mr.Binkley wished to establish a nursery
business on his property located along U.S.Route 40 east of the Sheraton Inn
which was viewed by the Commission on its March 28 field trip.Mr.Binkley was
appearing before the Commission to inquire whether the Commission,as allowed
under Zoning Ordinance Section 19.3(b),would be imposing a greater buffer than
the required 75'as stated in the Zoning Ordinance before he makes application to
the Board of Appeals for a variance to the 75'buffer requirement.The owner advised
that he shared a driveway with the property to the east and for the record intro-
duced a letter from the adjacent landowner and pictures of the site.
On a motion by Mr.Roulette,seconded by Mr.Byers,the Commission voted to not
impose any additional buffer zone than required by the Zoning Ordinance and
advised Mr.Binkley that he may proceed with his variance request to the Board of
Zoning Appeals.So ordered.
Mr.Roulette commented further by stating that this Section of the Zoning Ordinance
which allows the Commission to impose greater restrictions on s'ites proposed for
development in a Highway Interchange District needs to be examined as it relates
to speed of process.
W.D.Hoffmann Proposed Site Plan:
Mr.Hawbaker stated that Mr.Davis of Davis,Renn &Shrader,Inc.was in attendance
to present a proposed site plan for the W.D.Hoffmann Restaurant/Convenience Store
to be located along the south side of Maugans Avenue just east of the 1-81 overpass.
This plan was the subject of a preliminary consultation on October 4,1984 and a
field inspection by the Commission on November 13,1984.The consultant was
presenting the plan to the Commission for its views on the conformance of the plan
to the Commission's suggestions regarding ingress and egress to the site made at
its December 3,1984 meeting.Mr.Davis said the County Engineer recently stated
that he preferred not to use an alternate access at the rear of the property for
exiting to Precision Lane,but wished to have a controlled access at Maugans Avenue.
The consultant 'added that the status of the 100'County easement located perpendicular
to the rear of the property and extending to Precision Lane was unknown at this time;
this easement area was tentatively proposed for the alternate access.
It was the consensus of the Commission to have the consultant work on the provisions
for access to the site with the County Engineer and to not impose any additional
requirements on the plan.
Ne~k Roa~_Deve~Ement--ProposedSubdivision for LarryKre~:
Mrs.Kreps appeared before the Commission for its consideration of a request to
develop two (2)dwelling sites from her 2l-acre property shown on the simplified
plat of Crow Hollow,Lots 0 and P ,#SI-77 -71,located along the west side of Neck
Road.The Commission's approval to proceed with the subdivision process is necessary
because of the subdivision moratorium on Neck Road properties.Mr.Goodrich
explained that Mr.and Mrs.Kreps wish to subdivide a one-acre parcel on a private
right-of-way for conveyance to their daughter and also to construct a new dwelling
for themselves on the remaining lands.The Kreps have contacted the County Engineer
and he has indicated verbally that there does not appear to be a problem.The
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Neck Road Development (Con'd.):.
applicant has asked for direction as to whether to proceed with preparation of a
plat for a proposed 2 lot subdivision.
On a motion by Mr.Zombro,seconded by Mr.Roulette,the Commission voted to grant
permission to subdivide without public road access and also development of the
remaining tract.So ordered.
Shop 'N Gas--Site Plan:
A site plan for Shop 'N Gas,a proposed service station and restaurant facility
(truck stop),located on a lot of record along the north side of Md,Rt.144
east of Hancock at the I-70 Interchange,was reviewed by Mr.Goodrich.For the
Commission's information,a letter from Hancock Mayor Joseph C.Miller dated
March 29,1985 indicating information of which he has personal knowledge,was
distributed to the members.Mr.Goodrich said the proposed use is to include
renovation of the existing building.He said all reviewing agency approvals have
been received;the State Highway Administration has expressed major concerns for
the traffic circulation and has requested restricted exits and entrances per its
letter of March 27,1985.The staff requested site plan approval subject to all
the conditions being met to satisfy the State Highway Administration.
On a motion by Mr.Zombro,seconded by Mr.Roulette,the Commission voted to
grant approval of the site plan for Shop 'N Gas as requested.So ordered.
Opinion of Judge Daniel W.Moylan Regarding Manny Holt~Rezon~ng Cas~:-Discussion:
M".Roulette requested to discuss with the Commission the Opinion of Judge Moylan
dated March 13,1985,as it relates to pending and future rezoning cases.Mr.
Roulette said the Opinion stated that the Board of County Commissioners cannot
limit the use of a tract of land being rezoned but can only impose conditions
such as building setbacks,building heights,etc.He stated,therefore,that
land conditionally rezoned since 1972 would revert to the requested zoning classi-
fication without conditional uses.He further suggested that if conditional use
zoning is to continue,the Zoning Ordinance would possibly need to be modified to
classify specific principal permitted uses in each zoning district such as BL-l,
BL-2,etc.Mr.Wolford added that by conditionally rezoning as presently done,
unique zoning districts were being created but not provded for under the Zoning
Ordinance.Mr.Roulette advised the members that the Board of County Commissioners
is appealing the decision.The Commission took under advisement the Opinion of
Judge Moylan in making its recommendations during this meeting for the rezoning
cases heard at public hearing on March II.
At this time,Mr.Roulette left the meeting.
COMMUNICATIONS:
Letter From Sanitary District:
For information,a letter was sent to the Commission dated March 27,1985 from
Assistant Director/Project Manager Robert M.Johnson advising of the public hearing
to be held by the Sanitary District regarding Subdistrict No.15-1,Martin's Cross-
roads/Cearfoss/Route 40/Point Salem,on Monday,April 22,1985 at 7:00 p.m.,at
the.Wacohu Grange Hall near Huyetts Crossroads.
Letter From Harry Sandberg:
A letter from Mr.Sandberg of the State Department of Health and Mental Hygiene
dated January 17,1985 was sent to the Commission.This letter was a response
to the Executive Director's letter of December 10,1984 regarding Section 9-512
of·the Annotated Code that addresses conformance of subdivision plats to approved
plans.Mr,Hawbaker also submitted a letter from James Rooney that was received
the day of the meeting for the Commission's information.Having not been able to
resolve the concerns relative to the aforementioned subject matter,the Executive
Director suggested that he be directed by the Commission to write a letter request-
ing the aid of the county Administrator's Office in reconciling this matter.Mr.
Byers suggested that any meeting held as a result of such correspondence include
a representative of Hagerstown Water Pollution Control,Hagerstown Water Depart-
ment,and the Washington County Sanitary District.
The Commission concurred with the Executive Director's suggestion for him to
proceed with a letter to the County Administrator requesting the aid of that
office in resolving the subject COncerns.
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Letters From Kathryn Short:
Two letters dated March 20,1985 from Commissioners'Clerk Kathry F.Short were
sent to the Commission for its information'regarding the approvals by the County
Commissioners on March 5,1985 of rezoning cases RZ-304 and RZ-305.
Letters From Glenn Dull,County Engineer:
For the information of the Commission,two letters each dated March 4,1985 from
the County Engineer were brought to its attention regarding (1)Neck Road Improve-
ments and (2)Landis/Day Roads Improvements.
UNFINISHED BUSINESS:
Urban Growth Area Item No.4:
The Executive Director,reporting on the status of a special study committee for
Urban Growth Area Item No.4,said that the following persons have been selected
per the directive given by the Planning Commission at the last regular meeting.
They are:Hagerstown City Administrator William Breichner;Hagerstown Water
Department Manager David J.Kinash;Thomas W.Dwyer;Senior Planner Catherine T.
Thompson;and Executive Director Jack S.Hawbaker.Mr.Hawbaker added that he
had been attempting to contact the President of the Homebuilders Association,
Donald Gehr,for his assistance in providing a representative from the Association.
At the suggestion of the Executive Director and the Commission Chairman's request,
Mr.Byers agreed to also serve on the committee as a representative of the Commission.
By consensus,the Commission endorsed the appointment of this committee.
OTHER BUSINESS:
Garden Spot Subdivision--Preliminary Consultation:
A copy of the Minutes of the Prelim'inary Consul tation for Garden Spot Subdivision,
Section 'F',held on March 7,1985 was sent to the Commission for information.Mr.
Goodrich emphasized the County Engineer's problem regarding the road design and men-
tioned the staff's suggestion to the developer of the "Cluster Subdivision"'concept
contained in the Zoning Ordinance as a development option.No action was necessary
on the Commission's part.
Smithsburg Town Gr?wth Area:
For information,the Minutes of the fifth meeting of the Smithsburg Town Growth Area
Study Committee were sent to the Commission.By memo dated March 28,1985,Catherine
Thompson informed the Commission of the committee's concern for the proposed PUD
Ordinance allowing a maximum gross density of 12 DU/A with no minimum tract size
being required.The committee felt that the PUD Ordinance should contain a state-
ment which disallows a higher density than the Town's within the portion of the
growth area surrounding the municipal boundary.The Commission felt there was no
major conflict in that the Town could increase its maximum gross density to remain
competitive with the County for the annexation of development proposed in the County
portion of the Town Growth Area.
Tilghmanton Heights Chronology:
A chronOlogy of the file for the Tilghmanton Heights subdivision plat application
was sent to the Commission according to its direction at the March 4,1985 regular
meeting.The Executive Director stated that a meeting was held with the Health
Department and consultant William J.Teach on March 20,1985 to discuss this appli-
cation.He said the consultant was directed to compile a listing of the status of
each lot and apply to the Health Department for individual variances from the On-
Site Sewage Disposal Ordinance for each lot that does not meet the requirements of
that Ordinance.
Power Plant Siting Status:
At the Executive Director's request,Mr.Barnhart informed the Commission that
three public meetings were to be held:(1)April 1,1985 at 7:30 p.m.--Wilson Ruritan
Club;(2)April 2,1985 at 7:30 p.m.--Williamsport Fire Hall;and (3)April 16,1985
at 7:30 p.m.--South Hagerstown High School.
226
High's Store Concept Plan in HI District:
A determination as to whether greater buffers or setbacks would be imposed on
this concept plan was deferred from the March meeting until after a field inspec-
tion by the Commission took place on March 28.
On a motion by Mr.Barnhart,seconded by Mr.Byers,the Commission voted to not
impose any additional restrictions beyond the 75'buffer required by the Zoning
Ordinance.So ordered.
UNFINISHED BUSINESS:
Rezoning Cases From,March 11,1985 Public He~~ing:
Members present at
Wolford,Jr.;Jack
Roulette.Absent:
the March 11 public
B.Byers;Donald E.
Marianne Jenneke.
hearing were Michael D.Barnhart;William E.
Zombro;John C.Herbst;and Richard E.
RZ-302 Paramount Feed &Supply;Inc.--RS and RR to IG (Conditional):
Parcel 154:A motion was made by Mr.Herbst,seconded by Mr.Zombro,to recommend
to the Board of County Commissioners that Parcel 154 be rezoned as requested on
the basis of a mistake and also a change in the character of the neighborhood.
The motion was defeated with Mr.Wolford,Mr.Byers,and Mr'.Barnhart voting 'No'.
Mrs.Jenneke abstained.
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to recommend
that the rezoning request for Parcel 154 on the south side of Longmeadow Road,con-
sisting of 11.11 acres,be denied based upon the staff findings.The motion carried
with Mr.Zombro and Mr.Herbst voting 'No'and Mrs.Jenneke abstaining.So ordered.
Parcel 197:On a motion by Mr.Herbst,seconded by Mr.Zombro,the Commission voted
to recommend approval of the change in zoning classification of Parcel 197 on the
north side of Longmeadow Road,consisting of 1.5 acres,from RR to IG without con-
ditions.The motion carried with Mrs.Jenneke abstaining.So ordered.
RZ-303 --A~lsafe,Fire Equipment,Inc.--RU to BL:
On a motion by Mr.Zombro,seconded by Mr.Byers,the Commission voted to
approval to the Board of County Commissioners of the request for rezoning
upon the staff findings that there was a mistake in the original zoning.
motion carried with Mrs.Jenneke abstaining.So ordered.
RZ-306 --Marylan9 Metals,Inc.:-RS to IG (Conditional):
recommend
based
The
On a motion by Mr.Zombro,seconded by Mr.Barnhart,the Commission voted to recommend
approval of the change in zoning classification to IG without conditions based upon
a mistake in the original zoning.The motion carried with Mrs.Jenneke abstaining.
So ordered.
RZ-307 thru RZ-3l3 --Text Amendments:
On a motion by Mr.Barnhart,seconded by Mr.Byers,the Commission voted to forward
a recommendation for approval of the proposed text amendments (RZ-307 -Section
22.72(a);RZ-308 -Section 28.80(D);RZ-309 -Section 10.7(B);RZ-3l0 -Section
4.11;RZ-3ll -Section 4.ll(b)2;RZ-3l2 -Section 4.16;and RZ-3l3 -Section 4.17)as
submitted in each application based on the Staff Analysis for each case with the
exception that RZ-307 be amended to change the reference from Article IV to Article X.
The motion carried with Mrs.Jenneke abstaining.So ordered.
The meeting adjourned at 10:40 p.m.An Executive Session followed.
WASI-lINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF MAY 6,1985
The Washington County Planning Commission held its regular meeting on Monday,
May 6,1985,at 7:00 p.m.,in the second floor conference room of the County
Office Building.
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Present were:Chairman William E.Wolford,Jr.;John C.Herbst (arriving at 7:15
p.m.);Marianne Jenneke;Richard E.Roulette;and Donald E.Zombro.Staff:
Executive Director Jack S.Hawbaker,Associate Planner Stephen T.Goodrich;
Assistant Planner Timothy A.Lung;Park Planner William V.Stachoviak;Deputy
Director of the Washington County Department of Building Permits &Inspections
Paul Prodonovich;and Secretary Karen R.Luther.\
CALL TO ORDER:
The meeting was called to order by the Chairman at 6:57 p.m.
MINUTES:
The Minutes of the Regular Meeting held on April 1,1985.were approved as received
on a motion by Mr.Zombro,seconded by Mrs.Jenneke.So ordered.
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ADDITIONS TO THE AGENDA:
At the request of the Executive Director,
following items to the evening's agenda:
(2)A-I Truck Painting,Inc.
NEW BUSINESS:
Variances:
E.T.Apple:
the Commission added by consensus the
Site Plans for (1)Ross Mayflower and
On behalf of Mr.E.T.Apple,Tim Lung presented a request for a variance to
Section 405.II.B of the Subdivision Ordinance that requires new lots to have a
minimum public road frontag~of 25'.Mr.Apple is proposing to subdivide two
I-acre lots for conveyance of one to a daughter and one to a grandchild at a later
date.The property consists of 8.27 acres located along the east side of Doub
Road approximately 300'south of the Conrail Railroad crossing near Williamsport.
Each lot is to have only 12'of public road frontage and will be served by an in
common driveway.The variance was requested to create Lot No.2 without the minimum
25'of public road frontage.
The Commission voted on a motion by Mr.Zombro,seconded by Mrs.Jenneke,to grant
approval of the variance as requested.So ordered.
Michael Mooers:
Mr.Lung reviewed a request for a variance to Section 405.II.B that requires a
minimum public road frontage of 25'for all new lots on behalf of Mr.Mooers.
Mr.Mooers wishes to create a new 1.67 acre residential lot adjacent to Londontowne,
Section D,without public road frontage that is to have access to Londontowne Drive,
a County road,via a nonexclusive right-of-way to be deeded by property owner
Mr.Daniel Sheedy with the outsale of the proposed lot.Mr.Sheedy advised the
Commission that undeveloped Londontowne Drive will become a public street upon
further development of that section.
The Commission voted on a motion by Mr.Roulette,seconded by Mr.Zombro,to grant
approval of the variance as requested.So ordered.
Paul Ritchey:
A request for a variance to Section 405.II.B of the Subdivision Ordinance was
reviewed by Tim Lung on behalf of Paul Ritchey.The variance would be necessary
to create two I-acre lots proposed for mobile homes with access to be provided by
a private right-of-way served by Learning Lane,a County road.A letter dated
May 3,1985,from the County Engineer was presented to the Commission which stated
that Learning Lane was accepted into the County system with substandard roadway
and shoulder widths with the understanding that the number of access points was to
be limited to four on this road;four access points onto Learning Lane currently
exist.Mr.Lung added that Mr.Ritchey has started to clear the right-of-way
222
Paul Ritchey:(Cont.)
extending from Learning Lane to the proposed lots without an entrance construction
permit;the dirt road also encroaches on the 8'utility and drainage easement area
that is required under the Subdivision Ordinance along lot lines.
Adjacent property owners (Green,Collins--spokesman,Martin,and Shoemaker)were
present to oppose the granting of the variance and stated numerous facts in oppo-
sition to the request as outlined in their petition given to the Commission.The
adjacent landowners also presented a letter from their attorney,E.Kenneth Grove,
dated May 3,1985,and pictures of the dirt road on Lot #6.The Commission was
also informed of a variance granted to Mr.Robert Cutler,the previous owner of
Mr.Ritchey's land,for access to Walnut Point Road.
On a motion by Mr.Zombro,seconded by Mr.Herbst,the variance as requested was
denied.So ordered.The Commission noted that the staff should clarify
Mr.Dull's position on the limited access points onto Learning Lane should a
revised variance request be submitted by Mr.Ritchey.
Requesting the Commission's direction on how to proceed with his request,
Mr.Prodonovich informed Mr.Ritchey he may appeal the Commission's decision to
the Board of Zoning Appeals and must also obtain an entrance construction permit
for access to Learning Lane.
John MerrbaugJ:l,:
Mr.Goodrich reviewed a request for a variance to Section 405.ll.B of the Subdi-
vision Ordinance on behalf of John Merrbaugh relating to a 7.46 acre subdivision
located in the southeast quadrant of the MD l44/Hurnp Road intersection.The
subdivision was approved by the Commission at its last regular meeting.The
variance is needed to provide a revised additional access to a public road (Hump
Road)over a private right-of-way.The point of access was moved to the north and
is now proposed on adjacent lands of L &M Associates.The access location was
revised to eliminate annoyance to an adjacent property owner.
The Commission voted on a motion by Mr.Herbst,seconded by Mr.Zombro,to approve
the variance as requested.So ordered.
Londontowne,Section "A":
Mr.Goodrich presented a request for a variance to Section 405.3 of the Subdivision
Ordinance that requires design standards for street grades and alignments to be in
accordance with the specifications for road and street improvements of the
Washington County Engineering Department.Developer,Daniel Sheedy,wishes to
create a new section of Queen Anne's Court of Londontowne Apartments,Section A,
Phase III,north of Landis Road,which does not meet the County's minimum design
specifications of a 300'radius for horizontal curvature;the developer has
proposed a 150'radius.The County Engineer said he will approve the street design
contingent upon Commission approval of the variance.
On a motion
approval of
standards.
by Mr.Herbst,seconded by Mr.Zombro,the Commission voted to grant
the variance pending the authority of the County Engineer waiving its
So ordered.
City Of Hagerstown:
On behalf of the City of Hagerstown,Steve Goodrich presented a request for a
variance to Section 405.11.B of the Subdivision Ordinance to create a landlocked
piece of property north of MD Route 77 east of Smithsburg that is a part of the
City watershed.He said the City wished to remove from the original 30 acre tract
the developed portion (3.043 acres)contiguous to Route 77.Because of the
location of the improvements on the developed piece and the 300'driveway sepa-
ration requirement,it did not appear feasible to provide a panhandle to the
remaining acreage.
On a motion by Mr.Zombro,seconded by Mr.Roulette,the Commission voted to
grant approval of the variance as requested.So ordered.
Flossie O.Leasure:
The Executive Director explained to the Commission that even though simplified
plats can be approved administratively,this subdivision plat was brought before
the Commission to request a variance to Section 405.1l.B of the Subdivision
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Flossie O.Leasure:(Cont.)
Ordinance for creation of a new lot for agricultural purposes only without public
road frontage.The reviewing planner,Tim Lung,stated that the 6.70-acre lot is
located south of Cool Hollow Road approximately 3/4 mile east of its intersection
with U.S.Route 40A.Access to the parcel would be over an existing lane across
the remaining lands of Mrs.Leasure.
The Commission voted on a motion by Mr.Herbst,seconded by Mr.Zombro to approve
the variance as requested.
Mr.Roulette requested that Section 405.11.B of the Subdivision Ordinance be
amended to add grandchildren as immediate family members.
Subdivisions:
Eastpoint Subdivision--Preliminary/Final Plat Application:
A preliminary/final plat for Eastpoint Subdivision,containing six building lots,
located along the northside of MD Route 804-B was reviewed by Tim Lung.Mr.Lung
said approvals have been received from the Health Department,County Engineer,
Department of Building Permits and Inspections,and the Hagerstown Water
Department.Approval has not been given by the State Highway Administration
because revised driveway locations for Lots 3 and 4 need to be checked in the
field and approved by that department;driveway locations for Lots 1,2,5,and 6
were acceptable to the State Highway Administration.Mr.Lung said the SfiA is
requiring placement of the driveway entrances in acceptable locations so as to
meet the required sight distance of 253'based on a road design speed of 40 m.p.h.
and not the posted speed of 30 m.p.h.Mr.Seibert,the consultant for the
developer,presented photographs to the Commission regarding the staff's expla-
nation of the SliA's requirements.The consultant also said that the original
driveway locations met the 200'sight distance required for the posted 30 m.p.h.
speed limit and the revised driveway locations meet the 253'sight distance
required for the design speed limit of 40 m.p.h.,but the SHA has still not issued
its approval.The staff suggested that the Planning Commission grant preliminary/
final plat approval·contingent upon receipt of the approval from the SHA.
Adjacent property owners,Mr.and Mrs.R.Leigh Sprowls and Mr.Kenneth Exline,
were in attendance and expressed their objections to the.approval of this
subdivision because of its affect on the neighborhood aesthectics due to its
density and the hazardous situation created by adding six new driveway entrance
locations to an already dangerous section of road.
The Commission voted on a motion by Mr.Herbst,seconded by Mr.Zombro,to grant
preliminary/final plat approval subject to the SHA granting approval of the final
driveway entrances.So ordered.Mr.Roulette recommended to Mr.Sprowls that he
write a letter to the SHA stating the concerns of the adjacent property owners.
John Merrbaugh--Subdivision Plat Application:
Mr.Goodrich explained to the COTIllilission that as a result of the variance to the
Subdivision Ordinance granted earlier in the evening,the staff was requesting
approval of the revised final plat for the John Merrbaugh Subdivision initially
approved by the Commission at its last regular meeting.
The Commission voted on a motion by Mr.Roulette,seconded by Mr.Zombro,to
grant approval as requested.So ordered.
Site Plans:
Martin Marietta--Boonsboro Quarry:
A site plan for an expansion of the Martin Marietta--Boonsboro Quarry,located
along the south side of Benevola Church Road,was reviewed by Steve Goodrich.
The expansion involves 10.3 acres of pit area in addition to the current 28.5
acres being mined.He said that part of the overburden is .to be us.ed to construct
berms for screening.He added that specific reference to ground vibrations as
required by the Zoning Ordinance were contained on the plan as well as recla-
mation procedures.The Commission questioned the amount of water that will occupy
the pit after reclamation and was informed by Mr.Doug Gale that it will probably
fill to groundwater level.The staff said no further site plan revisions were
necessary and the plan has met all applicable requirements under the Zoning
Ordinance.
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Martin Marietta--Boonsboro Quarry:(Cont.]
The Commission voted on a motion by Mr.Zombro,seconded by Mr.Roulette,to
recommend approval of the site plan for Martin Marietta.So ordered.
W.D.Hoffmann Restaurant &Convenience Store:
Mr.Goodrich reviewed a site plan that proposes a restaurant and convience store
on 1.6 acres located along the south side of Maugans Avenue east of the 1-81
interchange.The development was the subject of a preliminary consultation in
October,1984,and was approved for subdivision in August,1981.A variance to
the 75'buffer requirement was requested and denied by the Board of Zoning
Appeals in December,1984.He advised the Commission and consultant that the
plan now provides sufficient parking spaces,but in doing so,has reduced the
required 5 percent greenspace and eliminated required handicapped parking spaces.
1be plan must also contain a statement that the developer is aware of the
encroachment of the drainage and utility easements along the western property
line and he will be responsible for any repairs or damage that may result from
maintenance being performed on same in these areas.Approvals have been received
from the SHA and the Hagerstown Water Department;Soil Conservation District
provided a list of necessary items that need to be addressed.The County Engineer
submitted comments,but has not approved the plan.Mr.Davis,the consultant,
said that Mr.Dull wished to aid in ingress and egress to the site.Mr.Hoffmann,
the developer,questioned whose responsibility it was to finance such road
improvements and informed the Commission that his written commitment was given to
Leroy Burtner for payment of half of the costs.
The Commission voted on a motion by Mr.Roulette,seconded by Mr.Herbst,to
grant site plan approval subject to the final approval of the County Engineer.So
oraered.
A-I Truck Painting,Inc.--Site Plan:
Mr.Goodrich reviewed a site plan for A-I Truck Painting located along Stotler
Road that leads to Lakeside Park west of 1-81.The 5.6l-acre site is zoned HI
and will contain a paint and body shop for large trucks.The site plan meets the
requirements of the Zoning Ordinance.The site does not have a common boundary
with a residential lot;therefore,no screening is required,However,the staff
recommended additional screening from a residence to the south.Mr.Goodrich
said approvals have been received from the Health Department,County Engineer,
and Soil Conservation District and the staff was requesting site plan approval
without any revisions.
On a motion by Mr.Herbst,seconded by Mr.Roulette,the Commission voted to
grant site plan approval.So ordered.
Ross-Mayflower--Site Plan/Subdivision Plat Application:
The Executive Director explained to the Commission that the site of the proposed
expansion as shown on the Ross Mayflower Site Plan was the subject of a
subdivision known as Tri-State Warehouses,Inc.approved December 4,1972.On
that plat is a covenant requiring a 10,000 sq.ft.septic reserve area.On
April 18,1974,part of the parcel that contained a portion of the septic reserve
area was approved by simplified plat for conveyance to Ryder Truck Lines.For
title insurance purposes,Mr.Hawbaker said Attorney William Young requested that
the Commission remove the septic reserve area convenant since public sewer to the
site is to become functional July 1.
Mr.Goodrich said the site plan shows business locations for Tri-State Truck
Repair and Ross Mayflower Moving located on 3.5 acres at the northern end of
Industry Drive and zoned PI.The plan proposes an expansion of the existing
warehouse and parking lot.Revisions as requested by the staff's memo dated
1985,have been satisfied.Mr.Goodrich said the Building Permits
Department has received responses from the Soil Conservation Service,Maryland
Highway Administration,County Engineer,and verbal approval from the Sanitary
District with written approval to follow.
On a motion by Mr.Roulette,seconded by Mrs.Jenneke,the Commission voted to
grant approval to remove the covenant on the subdivision plat pertaining to the
10,000 sq.ft.septic reserve area.So ordered.
The Commission also voted on a motion by Mr.Zombro,seconded by Mr.Roulette,
to grant approval of the site plan subject to the outstanding agency responses.
So ordered.
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OTHER BUSINESS:
Londontowne,Section "A"--Preliminary Plat/Site Plan:
Mr.Goodrich stated that this subdivision application was before the Commission
again to obtain its approval of the staff's suggestion to place a chain across
the "break"between parking areas as discussed during the April meeting of the
Planning Commission.This "break"is required by the Zoning Ordinance because
no off-street parking area shall be designed to permit direct parking space
ingress and egress to a public road,street,or highway,or to a road or street
(public or private)which provides primary vehicular access to 25 or more
dwelling units.Mr.Goodrich said the Funkstown Fire Company had no problem
with placement of the chain.Mr.Sheedy questioned t'he safe accessibility by
other emergency vehicles because of the chain and suggested instead applicable
signage in this area.He further requested the staff to be given the authority
to grant final plat approval.'
rhe Commission voted by consensus to only require sufficient signing at the
"break"prohibiting parking and authorizing emergency vehicles only to have
access over the compacted stone base/grass "break"and further granted the staff
the authority to give final plat approval.So ordered.
NEW BUSINESS:
Henry Martin--Site Plan:
A site plan proposing a 72'x 40'building to house a dairy equipment business to
be located along MD Route 63 at the'I-70 interchange and zoned HI was presented
and reviewed by Tim Lung.Mr.Lung said a request for a variance to eliminate
the 75'buffer yard requirement and landscaping requirement set forth by the
Zoning Ordinance has been applied for to the Board of Zoning Appeals.He
inquired as to whether the Commission would be imposing any additional requirements
to the plan as it is allowed to do for development in an HI district.Approvals
have been received by all necessary approving agencies except the County Engineer.
Mr.Prodonovich mentioned that he had erroneously advised the owner of the setback
requirements as a result of not being informed by the owner of all the necessary
facts needed to correctly inform him.
On a motion by Mr.Herbst,seconded by Mr.Roulette,the Commission voted to grant
approval of the site plan subject to the Board of Zoning Appeals granting the
variance for the elimination of the buffer yard and landscaping requirements and
receipt of the approval of the plan from the County Engineer.So ordered.
COMMUNICATIONS:
Letter From L &L Company,Inc.:
The Commission received a letter dated March 21,1985,from L &L Company,Inc.
regarding extension of Boonsboro Boundaries for information only.
Letter From Suzanne Downey Hayes:
A copy of the letter from Suzanne Downey Hayes dated February 27,1985,was sent
to the Commission.The letter commended Associate Planner,Stephen T.Goodrich,
for his assistance to Mrs.Hayes upon her application for an Agricultural Preser-
vation District.This letter had been received by the County Commissioners and
was to become a part of the planner's file in the Personnel Department.
OTHER BUSINESS:
Bike Route Study:
Park Planner,Bill Stachoviak,appeared before the Commission to request its
views on appointing a representative from the City of Hagerstown to the Bicycle
Route Study Committee as requested by the Committee at its first meeting held on
March 26,1985.Mr.Stachoviak said the representative would be helpful in the
consideration of City visitor attractions,recommending City bicycle routes,and
giving thoughts to drainage grate replacements within the City.By consensus,the
Commission directed the Executive Director to write a letter to Hagerstown
Planning Director,Richard L.Kautz,requesting his referral of a representative
of the City to serve on the Committee.So ordered.
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Preliminary Consultations:
Fieldstone Acres (Submitted as Rolling Hills Estates)And Squire Estates:
Copies of the Minutes of the Preliminary Consultations held for Fieldstone Acres
on April 11,1985,and Squire Estates held on April 25,1985,were sent to the
Commission for information only and no action was necessary on the Commission's
part.
Proposed Text Amendment For June Rezoning Hearing:
The Executive Director presented a proposal of a text amendment to the Zoning
Ordinance to add to Section 28.73 the following wording,"With a panhandle lot,
the front of the lot may be designated at the option of the owner."He requested
permission to proceed with preparation of advertising the text amendment for the
June 10 rezoning hearing.The Commission voted,by consensus,to proceed with
advertising the text amendment for the public hearing on June 10 as proposed.
Citizen Planners Annual Meeting:
The Executive Director advised the Commission members of the date set for the
Maryland Citizen Planner's Association Annual Meeting to be held May 17-18,
1985,in Frederick,Maryland.
Filling Secretarial Positions:
Mr.Hawbaker advised the Commission that he would be appearing before the County
Commissioners on Tuesday,May 7,1985,to recommend two persons for employment
as secretaries in the Planning Office to fill the vacancies created by departing
secretaries,Marion L.Snyder and Karen R.Luther.
The meeting adjourned at 9:50 p.m.An Executive Session followed.
!J~2;.tJ4Jt.
William E.Wolford,J~'17
Chairman
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF JUNE 3,1985
The Washington County Planning Commission held its regular meeting on
Monday,June 3,1985,at 7:00 p.m.,in the second floor conference room of
the County Office Building.
Present Were:Chairman,William E.Wolford,Jr.;Richard E.Roulett;
Jack B.Byers;and Donald E.Zombro.Staff:Executive Director,
Jack S.Hawbaker;Senior Planner,Stephen T.Goodrich;Assistant Planner,
Timothy A.Lung;Associate Planner,William V.Stachoviak;Deputy Director
of the Washington County Department of Building Permits and Inspections,
Paul Prodonovich;and Secretary,Pamela K.Troncatti.
CALL TO ORDER:
The meeting was called to order by the Chairman at 6:57 p.m.
MINUTES:
The Minutes of the Regular Meeting held on May 6,1985,were not available.
ADDITIONS TO THE AGENDA:
At the request of the Executive Director,the Commission added by consensus
the following items to the evening's agenda:(1)Preliminary Consultation
for Potomac Manor,Section "E"and (2)Election of officers.
OTHER BUSINESS:
Junk Yard Fencing For J &S Salvage:
Zoning Administrator Paul Prodonovich presented a request from J &S Salvage
to the Commission for a variance from the minimum screening height of six
(6)feet to three-five (3-5)feet.
The purpose of the request for three to five foot trees is because the
nursery that J &S Salvag~is dealing with can only provide this particular
size of tree.
The Commission voted on a motion by Mr.Zombro,seconded by Mr.Byers,to
grant approval of the variance.
Mr.Roulette cautioned the Commission not to set precedent for waiver for
the next junk yard in its screening plans.
It is to be noted that the property is at present well screened with
existing vegetation and topography and that the effect of the additional
screening will probably improve the property with time.So ordered.
Donald L.Mertz,Jr.--HI Development:
On the behalf of Donald L.Mertz,Jr.,Paul Prodonovich presented to the
Planning Commission a request to establish a heating and air conditioning
business in an existing warehouse located along Beaver Creek Church Road.
At present,the property is zoned HI.Mr.Prodonovich brought to the
Commission's attention that they might want to impose greater setbacks as
provided in Section 19.3 of the Zoning Ordinance.
After an on-site inspection conducted by Mr.Prodonovich and Mr.Goodrich,
the only objection that they could foresee would be incoming traffic coming
off of Beaver Creek Church Road onto the property because of a "tight"
curve.It was also noted that there would be minimal traffic and noise;the
existing building would be used mainly for storage.
Mr.Byers made the motion,seconded by Mr.Zombro,that due to the site
characteristics and the existing building,that no additional setbacks would
be required.So ordered.
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Bike Route Study Meeting --Information:
Bill Stachoviak,Park Planner,appeared before the Commission to submit a
current update on the status of the Bike Route Study and the South County
Park.
The Bike Route Study:Mr.Stachoviak passed out to the Commission the
minutes from the last meeting of the Bike Route Study Committee which waS
held on April 30,1985.The next meeting is scheduled for Tuesday,June 4,
1985.
Mr.Stachoviak presented to the Commission a map detailing the existing and
potential bike routes in the County which was presented at the last meeting
of the Bike Route Study Committee.
Mr.Stachoviak announced to the Commission that Stefan Klosowski from the
City of Hagerstown Planning Department was appointed the City of
Hagerstown's representative to the Committee.
South County Park:A request was made to the Parks Board from a
representative of the Little League Baseball for Western Maryland for
facilities for the use of Senior League Baseball in the Park from April
until June.The Park's design did not include a senior league diamond,but
since the request was made,modifications to the Park's design were made and
a senior league diamond waS included.The senior league diamond can also be
used as a softball diamond.
The well drilling contract was awarded on May 28,1985,and the well should
be completed 22 days from the date work begins.
The anticipated completion date for the final phase of the Park is scheduled
for the end of the year.
VARIANCES:
Longmeadow Plat #3 --Stan Valentine:
A request for a variance under Section 107 of the Subdivision Ordinance was
reviewed by Steve Goodrich on the behalf of Stan Valentine.The variance
was requested to allow a cul-de-sac longer than the maximum 600 feet.This
would be required in order to put a cul-de-sac on Cathedral Avenue.
On May 22,1985,a Preliminary Consultation was held for Longmeadow Plat
#3.Mr.Goodrich presented the concept drawing detailing the proposed
section as submitted by the Consultant,W.J.Teach and Associates.During
the Consultation,Glenn Dull,County Engineer,expressed some concerns about
the street design which did not meet County Specifications.Mr.Teach
revised the plat per Mr.Dull's suggestions;it now includes two cul-de-
sacs,one each on the end of Oak Hill Avenue and Cathedral Avenue.The
Commission expressed concern for access by emergency vehicles due to the
elimination of the thru-nature of the previous design.The Commission
recommended that Mr.Dull review the first proposed plat to see if it could
be made workable.
The Commission voted on a motion by Mr.Roulette,seconded by Mr.Zombro,to
grant approval of the variance,but also for the County Engineer to
reevaluate his recommendations to the original street layout of the proposed
plat.So ordered.
James Powers:
Mr.Goodrich brought to the attention of the Commission a situation relative
to the recordation of subdivision plat.The two-year limit on plat
recordation was added to the Subdivision Ordinance in 1981.The plat in
question is for James W.Powers and wife,located along Ridenour Road and
was approved on April 14,1982.The plat has become void since it was not
recorded within two years of its approval date.Mr.Seibert has asked the
Commission to either grant a variance or waive the two-year recordation for
the paracel to validate the plat.
On a motion by Mr.Byers,seconded by Mr.Zombro,the Commission voted to
waive in perpetuity the two-year recordation requirements for this
particular plat,Mr.James W.Powers.So ordered.
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COMMUNICATIONS:
A Letter From Mr.Paul W.Leatherman:
The Commission received a letter dated May 28,1985,from Paul W.Leatherman
requesting the Planning Commission to grant staff authority for a three-lot
subdivision located on Timber Ridge Road No.1.
The letter states that at present Fox and Associates is make the necessary
corrections and that if he would have to wait until the next Planning
Commission Meeting to make a decision,which is scheduled for July,it could
possibly mean jeapardizing the sale of a lot.
The Commission voted on a motion by Mr.Roulette,seconded by Mr.Byers,to
grant staff authority to approve the subdivision of Paul W.Leatherman upon
receipt of the approval from the various required agencies.So ordered.
SITE PLANS:
Highland Manor Mobile Home Park:
Mr.Goodrich reviewed the Site Plan for Highland Manor Mobile Home Park
located along the west side of MD Route 63 south of the intersection of U.S.
Route 40,and presented it to the Planning Commission for approval.The
total acreage of the tract is 51.7 acres;the proposed acreage for Phase
No.1 is 17.96 acres.
Mr.Goodrich noted that approvals have been received from the Sanitary
Gommission for the private sewage treatment plant,the County Engineer,the
City of Hagerstown Water Department,and the Health Department;State
Highway Administration's approval is still outstanding and has been for some
time.Mr.Julian Oliver,a representative from Associated Engineering,is
requesting that the Commission grant staff authority to approve the Site
Plan.
The Commission voted on a motion by Mr.Zombro,seconded by Mr.Byers,to
grant staff approval provided the conditions are met pending unconditional
State Highway Administration approval of the Site Plan for Highland Manor
Mobile Home Park.So ordered.
PRELIMINARY CONSULTATIONS:
Pizzaco:
The Executive Director brought to the Commission's attention that the
application is not a subdivision of land,but a site plan for property
located at the intersection of Massey Blvd.and Railway Lane in the Valley
Plaza area.
Mr.Goodrich informed the Commission that the site plan is out for agency
review and no official approvals have been received as yet.
Mr.Urner Golden,a representative from Davis,Renn,and Shrader,presented
to the Commission for information purposes only the following:Phase 1 is
for a fast-food .establishment and Phase 2 will be for a motel.Mr.Golden
noted that a grading permit has been granted and a contractor is on the site
clearing the property.
Because of the high interest rates,Mr.Golden is asking the Commission to
grant staff approval for the site plan pending agency approvals.
During the Preliminary Consultation on May 9,1985,the City of Hagerstown
Water Department requested the main water line be extended to the end of
Massey Blvd.whether Pizzaco intends to use it or not.Pizzaco could use
this water line,.but it is proposing to hook up a water line in Railway
Lane.The Health Department had no objections during the consultation.The
County Engineer has submitted comments with concerns for storm water
management which do not appear to be insurmountable.
The Commission voted on a motion by Mr.Byers,seconded by Mr.Zombro,to
grant staff authority to give final approval pending approvals from the
reviewing agencies.So ordered.
229
230
The Commission congratulated Steve Goodrich on his promotion from Assocate
Planner to Senior Planner.Pam Troncatti was introduced to the Commission
as the new Administrative Secretary.The Executive Director announced Carol
Miller as a new secretary.The Executive Director also announced an opening
for a new Assistant Planner.
COMMUNICATIONS:
Letter From David K.Poole,County Attorney:
A letter was presented to the Commission from David K.Poole,County
Attorney,regarding a possible conflict between the policies of the
Washington County Comprehensive Plan and the allowed use of a mobile home
park outside of the Urban Growth Area Boundary near Martins's Crossroads.
Mr.Poole noted in his letter that the Commission is not mandated to amend
the Water and Sewagerage Plan to accomodate the intended mobile home park if
it is at odds with the policy of the Comprehensive Plan in the Urban Growth
Area even though it is a permitted use.
No application has been submitted for the mobile home park as to date.
The Commission decided no action needs to be taken.
Letter From Michael G.Reahl:
The Commission received a letter dated May 22,1985,from Michael G.Reahl,
of the Department of Natural Resources,Water Resources Administration,
concerning properties that lie in the 100-year floodplain areas in
Washington County.This letter is for information purposes only and no
action needs to be taken.
OTHER BUSINESS:
Neck Road Moratorium:
The Executive Director informed the Commission of the action by the Board of
County Commissioners in lifting the moratorium on subdivisions on Neck
Road.The Board's conclusion was that subdivisions should be reviewed for
approval on a case-by-case basis.So noted.
Preliminary Consultation --Potomac Manor,Section "E":
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Mr.Jack Byerl'&,!epped down from the Commission during the discussion of
Potomac Manor.'.,:
A Preliminary Consultation was held on Monday,April 29,1985,to discuss
the Concept Plan for Potomac Manor,Section "E",a proposed 84-lot addition
to the existing subdivision of Potomac Manor,located south of Northern
Avenue at the eastern end of East Magnolia Avenue.Mr.Goodrich brought to
the Commissions's attention that during the Preliminary Consultation the
question was raised as to whether open or closed section streets would be
required.The County Engineer stated he prefers open section streets for
the following reasons:(1)they are easier to maintain,(2)cheaper to
build,and (3)storm water may flow more freely to permeable areas.The
City prefers curbed streets.Mr.Goodrich noted that several years ago the
City and County came to an agreement that if a subdivision is located in the
County,adjacent to the City,with three units or more per acre,the County
would specify closed section streets.Mr.Goodrich went on to say that
other than letters stating this agreement,there is nothing official
establishing this requirement.In addition,there is no provision for any
appeal or variance in cases where it is not applicable.In this case,it is
not applicable;in the existing section there are no curbed streets.In
light of accepted policy,serious consideration would have to be made as to
whether there should be curbed streets or not.The City Water Department
states that water is available and that extensions will have to be run from
an existing line along Northern Avenue to the property.Public sewer
service is also available.Mr.Goodrich also noted that all the attending
agencies stated that there were no major problems and services are available
according to standard requirements.
During the Planning Staff's review of the Subdivision Ordinance,it was
found that Section 402.3 requires screen planting to be provided by the
subdivider on lots that border on a major thoroughfare.The County Engineer
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Preliminary Consultation --Potomac Manor,Section "E":(Cont.)
commented that once Eastern Blvd.is completed,it will be considered a
major thourghfare.The question was raised by the Commission as to the
applicability of screening now in the anticipation of future improvements to
the road.
The Commission has no further questions on the matter of Potomac Manor at
this time.
After the discussion,Mr.Byers resumed his position with the Commission.
COMMUNICATIONS:
Letter From Paul Ritchey:
A letter from Paul Ritchey dated May 31,1985,was passed out to the
Commission by Mr.Lung.Mr.Lung reminded the Commission that at the last
Commission meeting a rather lengthly discussion was held by Mr.Ritchey.
During that meeting,Mr.Ritchey asked the Commission to approve a variance
to create two i-acre lots proposed for mobile homes with access to be
provided by a private right-of-way served by Learning Lane,a County road.
In the letter,Mr.Ritchey is asking the Commission to reconsider its
decision in denying his request and to make an on-site inspection of his
property.He would like to explain to the Commission what he has done to
meet the concerns of the property owners adjacent to his property and the
concerns of the Planning Commission.The Executive Director did bring to
-the attention of the Commission that during the last meeting the Commission
did disapprove his request,but did leave it open to the affect that the
Commission could possibly reconsider its decision.
By concensus,the Commission agreed that there is no reason to visit the
site and that Mr.Ritchey should be so informed.
There being no further business,the meeting adjorned at 9:15 p.m.An
Executive Session followed.
t:J~2.cJitU-Nltt -
William E.Wolford,J
Chairman
231
232 WASHINGTON COUNTY PLANNING CUMMISSION
REGULAR MEETING OF JULY 1,1985
The Washington County
July 1,1985,at 7:00
Office Building.
Planning Commission held its regular meeting on Monday,
p.m.,in the second floor conference room of the County
Present Were:Chairman,William E.Wolford,Jr.;Ray M.Johns;Judy Acord;
Jack B.Byers;Richard E.Roulette;Donald E.Zombro;and Michael D.Barnhart
(arriving at 7:45 p.m.).Staff:Executive Director,Jack S.Hawbaker,Senior
Planner,Stephen T.Goodrich;Associate Planner,Timothy A.Lung;Assistant
Planner,Lisa A.Kelly;and Secretary,Pamela K.Troncatti.
CALL TO ORDER:
The meeting was called to order by the Chairman at 6:55 p.m.
MINUTES:
The Minutes of the Regular Meeting held on May 6,1985,were approved as
received on a motion by Mr.Zombro,seconded by Mr.Roulette.So ordered.
At the request of Mr.Byers,the Minutes of June 3,1985,were amended under
Donald L.Mertz,Jr.--HI Development to state,"After an on-site inspection
conducted by Mr.Prodonovich and Mr.Goodrich,the only objection that they
could foresee would be incoming traffic coming off of Beaver Creek Church Road
-onto the property because of a 'tight'curve."Also at the request of
Mr.Byers,the Minutes of June 3,1985,were also amended under Pizzaco to
state,"The County Engineer has submitted comments with concerns for storm
water management which do not appear to be insurmountable."At the request of
Mr.Wolford,the Minutes of June 3,1985,were also amended under Pizzaco to
state,"The Commission voted on a motion by Mr.Byers,seconded by Mr.Zombro,
to grant staff authority to give final approval pending approvals from the
reviewing agencies ..ll
The Minutes were then approved and adopted as revised on a motion by
Mr.Roulette,seconded by Mr.Zombro.So ordered.
DELETIONS:
At the request of the Executive Director,because of the length of the agenda,
the Infrastructure Financing Study and the Rezoning Cases from
June la,1985,Public Hearing,have been deleted and will be rescheduled for a
special meeting,the date which is to be discussed later in the meeting.So
ordered.
NEW BUSINESS:
Requests For Variance Under Section 107:
Chester And Naomi Younker:
On behalf of Mr.and Mrs.Chester Younker,Tim Lung presented a request for a
variance to Section 405.11(B)of the Subdivision Ordinance which states that
new lots shall have a minimum of 25'of public road frontage.
Mr.and Mrs.Younker are proposing to subdivide a three-acre portion of their
land located along the east side of Seavolt Road approximately one mile south
of Orchard Road.Mr.Younker does not wish to include the existing farm road
in this subdivision,and usable public road frontage is not available to the
south due to steep sloping topography and an existing tenant house.The
proposed Lot 3 has an existing mobile home and septic system which has been on
the site for several years.
The variance was requested by Mr.and Mrs.Younker to create a new lot without
public road frontage.Access is to be provided over an existing farm road.
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Chester And Naomi Younker:(Cont.)
The Commission voted on a motion by Mr.Byers,seconded by Mr.Roulette,to
grant approval of the variance,as requested,based on right-of-way
reservations being placed in the deeds.So ordered.
Subdivisions:
Serig Subdivision Lot 1,"Tavern Lot":
A preliminary/final plat for Serig Subdivision Lot 1,"Tavern Lot",containing
an existing structure which houses a tavern and a residence,located on the
north side of U.S.Route 40,west of Clear Spring,was reviewed by Tim Lung.
Mr.Lung stated approvals have been received from the Health Department and
County Engineer.Comments were received on June 6,1985,from
Paul Prodonovich,Deputy Director,Department of Building Permits and
Inspections.In his comments,Mr.Prodonovich states,"That the proposed
division of land meets the minimum requirement of Section 5.5 of the Zoning
Ordinance.Since the Inn is nonconforming,an addition or expansion of this
facility requires approval by the Board of Zoning Appeals."Approval has not
been received by the State Highway Administration.Mr.Lung stated that he
had talked with Evan Smith from the State Highway Administration on June 27,
1985,and Mr.Smith stated he had no problems with the proposed subdivision
and he would be getting a written approval letter to the Planning Commission
office as soon as possible.The only comment that Mr.Smith had was if any
additional additions or expansions were made,then the State Highway
Administration may require an entrance permit.
The Commission voted on a motion by Mr.Roulette,seconded by Mr.Zombro,to
grant preliminary/final subdivision approval subject to satisfactory receipt
of the approval from the Maryland State Highway Administration.So ordered.
Frank E.Novinger Lots 1 &2:
A preliminary/final plat for Frank E.Novinger Lots 1 &2,containing two
building lots located along a private roadway off of Marsh Pike,was reviewed
by Steve Goodrich.Mr.Goodrich stated that approvals have been received from
the Health Department and County Engineer.
The Executive Director brought to the Commission's attention that the Planning
Commission had granted a variance on April 1,1985,to permit subdivision of
two lots without public road frontage by an existing private right-of-way on
lands of Carl Rosenberry and others.
Mr.Michael G.Benjamin,attorney for the buyers,presented to the Commission:
(1)Copies of three deeds dated back to 1920 detailing an express grant of
right-of-way to be used in common with others,(2)A tracing of a tax map
indicating the location of the road and the surrounding property owners,and
(3)A Maryland case indicating subdivision of a dominant parcel does not
destroy right-of-way to that parcel.
Adjacent property owner,Mr.Carl Rosenberry,was in attendance and expressed
his objections to the approval of the subdivision.Mr.Rosenberry presented
to the Commission,Minutes from the Washington County Planning Commission
dated November 7,1977.In the Minutes,Mr.Rosenberry stated that the
Commission granted a request for a variance under the provisions of Section
107 of the Subdivision Ordinance as it pertains to private roads.In the
Minutes,Mr.Milton Yeager (owner of the property at that time),stated that
he had no further plans for development of the remainder of the property.
Mr.Rosenberry expressed for the record his objections:(1)It already is a
burden and any additional traffic on this existing private road would only
increase the existing burden and (2)Safety conditions of the road and bridge
are questionable.
The prospective purchasers of the property,Mr.Norman E.Morin,Jr.and
Mr.Dennis Rocco,were also present.Mr.Morin explained to Mr.Rosenberry
that the property owners surrounding the private road would like to organize a
homeowners association and improve the road and bridge.
The Commission,after hearing the testimony,concluded that the subdivision
request was proper and that differences on the question of access over the
private right-of-way should be resolved between the private parties.The
Commission reaffirmed its policy of delegating approval of one and two lot
subdivisions to the Executive Director.So ordered.
234
Requests For Variance Under Section 107:
Bernhard G.Charles:
A request for a variance to Section 604 of,the Subdivision Ordinance on behalf
of Bernhard G.Charles,was presented to the Commission by the Chairman.
In a letter dated June 24,1985,to the Planning Commission,Mr.Charles
states that he is requesting a variance from the Subdivision Ordinance so that
the easements that are designated on the plat should not be subject to fee
simple title reservation requirements of the Owner's Dedication Statement.
The Chairman suggested to Mr.Charles that either the staff or himself draft a
recommendation for the Owner's Dedication Statement and the Commission will
review it and,if approved,will send a copy to Mr.Charles and to the County
Attorney for his opinion.
By concensus,the Commission questions the legality of granting the variance
received from Mr.Charles,but that the staff will come back ,with a suggestion
for the revision to the dedication statement for the next meeting of the
Planning Commission.If the Commission so agrees,they will initiate an
amendment to the Subdivision Ordinance at that time.So ordered.
Subdivisions:
Early's Industrial Park,Lot 7:
Steve Goodrich presented to the Commission a request for approval on a one-lot
subdivision,Lot #7,in the Early Industrial Park,located on the east side of
MD Route 65.Mr.Goodrich noted approvals have been received from the Health
Department,County Engineer,and the City of Hagerstown Water Department.
The referenced plat is for subdivision only.The County Engineer's approval
letter states the same.The Consultant has provided a note on Page 1 of the
plat that site plan approval is required prior to development.A 200'rear
setback is required by the Zoning Ordinance due to a dwelling located on the
adjacent parcel.The Consultant is requesting approval of the subdivision
only.
The Commission voted on a motion by Mr.Zombro,seconded by Mr.Byers,to
grant approval for preliminary/final subdivision only,recognizing that a site
plan is required prior to development.So ordered.
Presbytery Of Baltimore,Lots 1,2,&3:
Steve Goodrich presented to the Commission a request for approval of the
preliminary/final plat of a three-lot subdivision located on Partridge Trail.
Approvals have been received from the Health Department,County Engineer,and
the City of Hagerstown Water Department.
On a motion by Mr.Roulette,seconded by Mr.Zombro,the Commission voted to
grant preliminary/final plat approval.So ordered.
Site Plans:
Caldwell Manufacturing:
A site plan for an expansion to Caldwell Manufacturing located on the north
side of MD Route 68 was reviewed by Steve Goodrich.The expansion .involves a
250'x 200'expansion to an existing structure.
The Executive Director brought to the Commission's attention that the site
plan for Caldwell Manufacturing is on the agenda for information purposes
only.The staff has reviewed the site plan and has passed their comments on
to the Zoning Office.
Grand View Country Inn:
Steve Goodrich reviewed a site plan that proposes a 20-unit,single-story
motel which indicated plans for a restaurant and an additional 20 units in the
future,on 26 acres located on the south side of MD Route 340 at the Valley
Road intersection.The development was the subject of a rezoning from
Conservation to Business General in 1983 and a Preliminary Consultation in
1984.
Grand View Country Inn:(Cont.)
The Consultant has satisfied most of the revisions requested by the Planning
Staff.Approval has been received from the County Engineer and is expected
from the State Highway Administration after their reviews of the requested
revisions.Due to the private sewage treatment plant proposed,approval from
the Health Department is still outstanding.A response is not expected until
necessary changes are made to the Water and Sewerage Plan.
The Commission voted on a motion by Mr.Byers,seconded by Ms.Acord,to grant
site plan approval subject to the conditions of outstanding agency approvals
and the required change to the Water and Sewerage Plan.So ordered.
Staley's Salvage Yard:
Steve Goodrich reviewed a site plan for Staley's Salvage Yard located on the
east and west sides of Bottom Road.
Mr.Goodrich presented to the Commission a site plan of the salvage yard
indicating existing and proposed screening of the area.
235
Development Plan -John Young:
Due to economics and availability,the Staleys are requesting permission to
plant a fast-growing 4'"evergreen"type tree instead of 6'trees as required
by the Junkyard Ordinance.
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The Commission
grant approval
for screening.
voted on a motion by Mr.Zombro,seconded by Mr.Barnhart,to
of the site plan as submitted with the proposed 4'trees used
So ordered.
The Executive Director brought to the attention of the Commission,for
information purposes only,a proposed development plan for John Young located
on Robinwood Drive.The Executive Director stated that the development plan
was presented at the rezoning public hearing,which was held on June 10,1985.
The Executive Director stated that the development plan has been received and
sent out to the reviewing agencies.Mr.Goodrich stated that a meeting,
similar to a preliminary consultation,has been scheduled for all the
reviewing agencies on July 18,1985.
The Staff has made a preliminary review of the development plan and expressed
the following concerns:(1)Safety--there is only one entrance into and out
of the property,(2)Questions concerning the desirability of the living
atmosphere in consideration of significant amounts of traffic being drawn
through the development regardless of the arrangement of the single-family,
townhouse,and apartment sections,(3)Commercial areas are not centralized,
(4)There is no central focus to the development,(5)There are no designated
recreational facilities other than proposed tennis courts,and (6)All the
recreational areaS are located in the floodplain
Mr.Goodrich stated he would like to present the Staff's concerns to the
Commission for its opinions and then return with the Commission's opinions to
Mr.Young,the developer of the property.The Commission stated its
concurrence with Items 1,2,4,5,and 6.
There being no further discussion,the Commission concluded its discussion of
the development plan for John Young.
OTHER BUSINESS:
Preliminary Consultations:
Greenside Apartments II:
A Preliminary Consultation was held on June 7,1985.The concept plan for
Greenside Apartments II,a one-lot subdivision containing 40 one-and two-
bedroom apartments located in Maugansville on North Street Extended,was
reviewed by Steve Goodrich.During the Preliminary Consultation,the major
concern of the Staff was the future development of the remaining property and
its relationship to the surrounding area.There may be difficulty in
providing facilities adequate to serve the entire parcel without having some
idea of the nature of the development.
236
Greenside Apartments II:(Cont.)
Since the Preliminary Consultation,Mr.Schuster (property owner),made
revisions to the concept which better address noted Staff concerns.During
the discussion,Mr.Schuster also provided additional information on future
development of 'the remaining property.
Terry A.Price--Hog Farm:
Correspondence from attorney E.Kenneth Grove,on the behalf of Mr.and Mrs.
Price,was submitted to the Commission by the Executive Director.The
Executive Director explained to the Commission that Mr.and Mrs.Price are
proposing a subdivision of land for a hog farm in the Bakersville area.
Mr.Goodrich explained to the Commission that according to the Zoning
Ordinance the proposed hog farm is a principle permitted use in an
Agricultural district and actually does not need the approval of the
Commission,but because of the size of the proposal,the Prices have requested
affirmation of the appropriateness of a simplified plat to accomplish
subdivision of the 15 acre tract that will consist only of the hog farm.The
consultant for the Prices'will be adivsed that a simplified plat is to be
prepared and designated for agricultural purposes only.
The Commission agreed that a simplified plat is appropriate.
Lakeside Park:
On the behalf of Lakeside Partnership,a letter dated June 20,1985,from Fox
and Associates,Inc.,was submitted to the Commission.A Preliminary
Consultation was held in September 1978,to review Section 2,a proposed 53.2
acre addition to Lakeside Park which will contain 289 mobile home spaces.
A site plan was approved and a building permit was applied for
that time but because of high interest rates was never issued.
site plan has already been approved,the next step is to apply
permit.
and approved at
Because of the
for a building
The Commission recommended to Lakeside Partnership to prepare a recommendation
that can be forwarded to the County Commissioners for them to consider along
with the County Attorney's input as to how to correct this situation so
Lakeside can proceed safely with Section 2.Mr.Roulette said he would
present the matter to the County Commissioners at their next meeting which is
scheduled for July 2,l'.)jl,;p,
Special Meeting Of The Planning Commission:
A special meeting to discuss the recommendations from the Rezoning Cases from
the June 10,1985,public hearing was scheduled for Wednesday,July 17,1985,
at 7:00 p.m.,in the second floor conference room of the County Office
Building.The information for the Infrastructure Financing Study will be
added to the agenda for the regular meeting scheduled for in August.
COMMUNICATIONS:
APA Bulletin:
The Commission received a memo dated May 15,1985,from the American Planning
Association (APA).The information in the memo concerns proposed preemption
of local zoning by the Federal Communications Commission (FCC).
The Executive Director recommends that the Commission correspond to the local
elected officials stating objections to the Federal Government preempting the
local governments.
The Commission proposed that a recommendation to the County Commissioners be
drafted and submitted objecting to the Federal Government interjecting itself
in the local planning issues.
Preliminary Consultations:
Copies of the Minutes of the Preliminary Consultations held for Roger C.Wolf
on May 15,1985,and Longmeadow Plat #3 held on May 22,1985,were sent to the
Commission for information only.No action was necessary on the Commission's
part.
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Cheaspeake Bay Critical Area:
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Mr.Goodrich recently attended a meeting in Annapolis on the subject of the
Cheaspeake Bay Critical Area Legislation.Mr.Goodrich stated that Washington
County does not fall into the critical area as do other counties in the state.
This meeting was discussed for information purposes only and does not require
any action on the Commission's part.
Tilghmanton Heights--Status Report:
A copy of a letter from the Health Department to William J.Teach and
Associates dated June 19,1985,was presented to the Commission.The letter
stated those lots in the proposed Tilghmanton Heights subdivision that would
require retesting due to the time elapsed since the original submittal and the
adoption of the On-Site Sewage Disposal Ordinance.The letter is the result
of a special meeting held between the Executive Director,Barry Teach,and Dr.
Neill from the Health Department.
The Tilghmanton Heights Status Report is for information purposes only and
does not require any action from the Commission.
Smithsburg Town Growth Area:
For information only,the Commission was advised of activity during the most
recent meeting of the Smithsburg Town Growth Area Study Committee held on
June 20,1985.No minutes of the meeting were available.Mr.Goodrich will
be drafting a final report of the Study Committee for their review.It will
be reviewed by the Commission at a later date.
No action was necessary on the Commission's part.
The Executive Director announced Lisa A.Kelly as the new Assistant Planner
and Pam Troncatti resigning effective July 12,1985,as the Administrative
Secretary.
There being no further business,the meeting was adjorned at 9:55 p.m.
P~l.tJJJJlJJ
William E.Wolford,J
Chairman
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238
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF AUGUST 5,1985
The Washington County Planning Commission held its regular meeting on
Monday,August 5,1985,at 7:00 p.m.,in the second floor conference room of
the County Office Building.
Present were:Chairman,William E.Wolford,Jr.;Jack B.Byers;Donald E.
Zombro;Richard E.Roulette;and Judy Acord.Staff:Executive Director,
Jack S.Hawbaker;Senior Planner,Stephen T.Goodrich;Associate Planner,
Timothy A.Lung;Assistant Planner,Lisa A.Kelly;Deputy Director of the
vvashington County Department of Building Permits &Inspections,Paul
Prodonovich;and Secretary Christene K.Wachter. Absent Were:Ray M.
Johns;and Michael D.Barnhart.
CALL TO ORDER:
The meeting was called to order by the Chairman at 6:55 p.m.
MINUTES:
The Minutes of the Regular Meeting held on July 1,1985,were approved as
received on a motion by Mr.Zombro,seconded by Mr.Byers.So ordered.
UNFINISHED BUSINESS:
Infrastructure Study
Mr.Hawbaker introduced Tom Dwyer and Malcolm Davis,committee members
present for the Infrastructure Study.Mr.Hawbaker then discussed the eight
principal elements of this study.He mentioned that he and Mr.Byers
attended a seminar in Baltimore put on by the Homebuilders Association of
Maryland and HUD.One of the workshop sessions had to do with financing of
infrastructure.General recommendations of the committee are that there
should be a pOlicy for sharing the financing between local government and
the developer,that the county should be prepared to share in the cost of
the infrastructure,proposals should be analyzed on a case-by-case basis,
there should be a permanent fund established for funding over a given period
of time,that the county government should appoint a committee for analysing
each separate proposal made,and finally,that this should be implemented
early.Mr.Dwyer stressed that the major objective of the Comprehensive
Plan was to encourage development in and around the urban areas.Mr.Byers
suggested that state financing should be included in item #4,where
potential sources of funding are listed.Motion was made by Mr.Zombro,
seconded by Mr.Byers to accept the report and present to the County
Commissioners for their consideration.So ordered.
NEW BUSINESS:
The Planning Commission considered the subjects of those people seated in
the audience first and therefore deviated from the agenda.
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Variance Requests,
Robert L.Castle
On behalf of Mr.Castle,Mr.Lung presented a variance request to deviate
from the highway plan for the minimum driveway spacing.Mr.Castle is
proposing to subdivide 6 lots along Maryland Route 66 south of Mapleville.
A Preliminary Consultation was held in July where it was determined that the
proposed driveway locations do not meet the minimum separation requirements
of the Highway Plan for a minor artieral highway.The Highway Plan requires
500'of separation,and the proposed access locations on this subdivision
are only 430'apart.Mr.Castle would like to use three shared access
locations,the placement of which are controlled by the topography of the
site.The Commission voted on a motion by Mr.Zombro,seconded by Mr.Byers
to grant the variance as requested.So ordered.
Stephen B.Sagi
Mr.Lung presented a request by Stephen B.Sagi,on behalf of Bernard Ostrow
and Patrick Buckley requesting a variance from Section 405.1lB of the
Subdivision Ordiance which requires that all new lots have at least 25'of
public road frontage.Mr.Sagi's client is proposing to purchase a 1.56
acre parcel along Maryland Rt.65 and also to purchase 1.28 acres from
Patrick Buckley.These tW9 parcels are to be attached and are to be used as
a new access point to the r~s of Bernard Ostrow.The subdivision of the
1.28 acre Buckley parcel will create two parcels of remaining land for
Buckley;the southernmost parcel will be cut off from public road frontage.
-Mr.Sagi's client has agreed to provide Mr.Buckley a right-of-way over the
subdivided land until a public road is built.The Commission voted on a
motion by Mr.Roulette,seconded by Mr.Zombro to approve the variance as
requested.So ordered.
William C.Ruth
On behalf of William C.Ruth,Lisa Kelly presented a request made by the
consultant to divide a 1.63 acre tract on Marbern Road off Virginia Avenue
into two parcels,one of which would consist of .73 acres with a dwelling,
and the other parcel would be .9 acres with no structures.The variance is
being requested from Section 405.lIB which states that every new lot must
have frontage on a road dedicated to public use and pUblic maintenance.
Marbern Road stops in front of the Ruth's house;remaining land would not
have road frontage.Before plat approval can be granted,the Health
Department must do perculation tests.The Engineering Department has
disapproved until the plat has been revised to reflect the correct status of
Marbern Road.Mr.Siebert further explained information discovered in deed
research.He added that the County was not taking deeds for roads in 1943,
and feels that Marbern Road was dedicated by the fact that the deeds did not
convey any part of it and also mentions the east and west side of Marbern
Road as boundaries of the adjacent lots even though it was not paved.
The Commission voted on a motion by Mr.Roulette,seconded by Mr.Zombro to
grant the variance as requested,with agency approval.So ordered.
Subdivisions,
Mildred V.Hammond
A preliminary/final plat for a single lot subdivision involving a non-
residential use,located on the south side of Rt.68,east of Williamsport
consisting of 16.43 acres to be used as a picnic pavilion for the Redman
Fraternal Organization was reviewed by Mr.Lung.The subdivision plat has
239
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been approved by all reviewing agencies.It was noted that the Redman
Organization has expressed plans of possibly constructing a club building on
this site in the future.A site plan would not be required under
the Zoning Ordinance for such a structure in a Agriculture area.Mr.Lung
also brought the Camnission's attention to a concern from a resident living
across the street as to the possibility of the proposed use becoming a
public nuisance.The Camnission voted on a motion by Mr.Zombro,seconded
by Mr.Roulette to grant preliminary and final approval on the subdivision.
So ordered.
Site Plans:
Powlen Equipment
Steve Goodrich presented to the Commission a request for site plan approval
for an addition to the existing Powlen Equipment Company's construction
equipment sales and service establishment located on the north side of
Maryland Rt.58 (Cearfoss Pike)of Interstate 81.The proposed expansion
will be approximately 9000 sq.ft.to the rear.The property is served by
an existing well and septic system to the rear.There are no plans to
modify the existing entrance onto Maryland Rt.58.The staff had requested
some minor revisions to the plan prior to approval regarding building
setback lines and proposed landscaping..The Permits and Inspections Office
has received all responses.The Commission voted on a motion by Mr.
Roulette,seconded by Ms.Acord to grant site plan approval as requested.
So ordered.
Spicher's Appliance
Tim Lung presented to the Commission a request for site plan approval for a
proposed appliance warehouse,showroom and service facility to be located at
the corner of Pennsylvania Avenue and Longmeadow Road.The.9 acre site is
zoned BG and is currently occupied by an Exxon Service Station which is to
be removed and a 50 I X 90'warehouse to remain.The new use will consist of
a showroom and service area in the front and warehouse facilities in the
back.The site plan meets all the requirements of the Zoning Ordinance
except for landscaping information.The site is currently served by public
water and sewer,the Sanitary Camnission has indicated that no additional
allocations will be necessary.The State Highway Administration has
approved the access locations along with the closing of one existing
access.The Storm Water Management Plan has been approved by the County
Engineer;however,State Highway Administration Hydraulics Division approval
has not been received.The applicant is requesting that the Planning
Camnission give the staff authority to approve the site plan contingent upon
receipt of the State Highway Administration Hydraulics Division approval and
submittal of a revised landscaping plan.The Camnission voted on a motion
by Mr.Byers,seconded by Ms.Acord to grant approval on the site plan
subject to the staff receiving the State Highway approval and the revised
landscaping plans.So ordered.
Other Business:
Junkyard Status
Conservit:
Mr.Prodonovich introduced Mr.Metzner from Conservit who has submitted his
application for screening the scrap processing facility,located along the
east side of Maryland Rt.65.After an on-site inspection,Mr.Prodonovich
sees no need for any additional screening;however,come the winter months
there might be a need for such screening.Mr.Prodonovich recamnended
approval,with the condition that if in the fall he feels that there is a
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need for additional screening he will make another recommendation.Mr.
Roulette moved that the Commission approve the site as submitted,seconded
by Mr.Zombro.So ordered.
George Hammond
Mr.Prodonovich explained that the Hammond Junkyard on Falling Waters Road
has acquired 3.41 acres by a simplified plat in June,1985,thereby adding
to original lands for which Mr.Hammond submitted a certified survey plat
for his junkyard in 1974.Mr.Prodonovich explained that the encroachment
of junked vehicles On the additional land is a violation of the Zoning
Ordinance and needs to be corrected.The Planning Commission reviewed Mr.
Hammond's screening plan and approved the planting of trees as shown on the
plan along the property boundaries of the recently acquired 3.41 acres.The
Commission deferred to Mr.Prodonovich for the correction of the zoning
violation by working with Mr.Teach,the County Administrator.
Elwood Grimm
Mr.Prodonovich presented Mr.Grimm's plan to screen the junkyard along
Maryland Rt.64.The proposal is to install a corregated metal fence
attached to wood supports,with pine trees to be planted every 10'behind
the fence on the property owner's side.Mr.Prodonovich doesn't feel this
proposal provides sufficient screening.Mr.Byers expressed concern for the
condition of the corregated metal fence in years to come.Mr.Alan
Bumgardener,Attorney for Mr.Grimm,discussed the cost of the corregated
fence and the type of trees to be planted.Mr.Wolford asked if the metal
.fence could be eliminated and the money put to the purchase of additional
pine trees.Mr.Byers stated that he felt that Mr.Bumgardener's client
should seek professional landscaping help to determine the appropriate kind
of trees.Mr.Bumgardener asked the Commission to inspect the property
before they reject the proposal.By general concensus,the Commission will
visit the property on Friday,August 9th at 2:00 p.m.The concensus of the
Commission is that the plan as presented is unacceptable.The Commission
will view the property with the representative of the applicant to consider
an alternative plan.
Durban's Auto Salvage
Located at the corner of Greencastle Pike and Broadfording Road,this
junkyard is also owned by Mr.Grimm.Mr.Prodonovich presented the proposal
for a fence along Broadfording Road of varied height,nO less than 6'above
the road.The fence will be of corregated metal,with wood supports,and
pine trees will be planted every 10'behind the fence.The Commission felt
that the corregated fence should be eliminated completely,and that only the
use of shrubs should be implemented.Mr.Prodonovich proposed that the
fencing is acceptable but suggested another way of utilizing the fencing
along with the screening suggested by the applicant:instead of running it
out to the intersection,it would be brought even with the existing
buildings so as to use them as part of the existing screening.The fence
could again start on the other side of the buildings and tie into the
existing screening of natural vegetation along the road.On a motion made
by Mr.Byers,seconded by Mr.Roulette,the Commission approved the site
plan as ammended,giving Mr.Prodonovich the authority to give final
approval.So ordered.
Ralph O.Kiefer
At the time of an inspection by Mr.Prodonovich on Friday,August 2,1985,
there were only two collector cars,not visable by the motoring pUblic,
still on the property.Mr.Kiefer stated that the cars would be removed as
soon as they are sold.Mr.Prodonovich stated that the junkyard is no
longer located at Blackrock Road.
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Maryland Metals
Mr.Kerstein indicated to Mr.Prodonovich that he didn't need any additional
screening,so no plan has been submitted.Mr.Prodonovich is concerned that
when Eastern Blvd.is constructed that the facility will need additional
screening.Mr.Roulette pointed out that nothing can be done until Eastern
Blvd.is complete.Mr.Prodonovich notified Mr.Kerstein that future review
might be in order.Commission accepts as presented.
McCoy's Garage
This junkyard is located at the corner of Salem Road and Cearfoss Pike.Mr.
Prodonovich proposed that the plan as submitted,to build a 6'wooden fence
and plant pine trees every la'is satisfactory.There is a possibility that
the business will not be reopened after a recent fire.Mr.Prodonovich
informed Mr.McCoy that all he would need to do in that case is remove the
cars still there.The Commission voted on a motion made by Mr.Roulette,
seconded by Ms.Acord to approve the screening plan as submitted.So
ordered.
Elbin L.Miller
Located in the southern part of the county,along Kaetzel Road,Mr.
Prodonovich indicated that he has had no response from Mr.Miller.Mr.
Prodonovich will take the necessary action on this matter.
Communications:
Tilghmanton Heights
A request for an extension of time was presented to the Commission.On a
motion made by Mr.Zombro,seconded by Mr.Byers,the Commission approved
the request for an extension of 60 days to Tilghmanton Heights.So ordered.
Lakeside Park and Highland Manor
Correspondence was for the Commission's information.No discussion was
held.
Subdivisions:
Fieldstone Acres -Lots 5,6,7
Tim Lung presented to the Commission a request for preliminary/final
approval for a 3 lot residential subdivision located along Beaver Creek
Road.Application is for the first three lots of a proposed 11 lot
subdivision.Each lot is approximately 1.5 acres with its own well and
septic area,and each will have its own access onto Beaver Creek Road.
Approval has been received from all agencies except the County Health
Department which is awaiting analysis of water samples taken from a test
well on lot No.6.The applicant requested that the Planning Commission
give the staff authority to approve the subdivision once an approval letter
is received from the Health Department.The Commission voted on a motion
made by Mr.Byers,seconded by Mr.Roulette to grant the staff authority,
conditioned upon the receipt of Health Department approval.So ordered.
Wayne Weber
Mr.Hawbaker requested that this application
removed from the agenda at this time because
connected with access roads and sewer lines.
concensus to remove it.
Preliminary Consultations:
John Young
for a simplified plat be
of the technical questions
The Commission agreed by
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Mr.Goodrich presented the summary of the meeting held to discuss the John
Young Development Plan.Three items were identified as of particular
interest to the Planning Commission.1)The County Engineer's agreement with
its original concern that there was only one access to the property.2)The
County Engineer's proposed remedy to extend other existing roads in the area
into this parcel,especially Valley Drive and 3)The Water Departments
requirement of a 12"line from Jefferson Boulevard through the development
to an existing 12"line in Robinwood Drive.This is related to the water
pressure problems in the area discussed during development of Youngstown.
Mr.Goodrich informed the Commission that it has 120 days to take action
after written responses from the agencies have been received.
Christ Fellowship Church
Mr.Goodrich reviewed the preliminary consultation held on June 24th.The
Church is proposed to be located at York Road and Halfway Blvd.on a parcel
of 1.95 acres and can be served by public water and sewer.During the
consultation it was discovered that there were no major problems with the
agencies providing service,but it may be the intention of the church to
utilize the existing lane that serves Piper Lane Neighborhood Park.A
suggestion was made at the consultion that the Park could be used for
overflow parking.It was the staff's feeling that each development should
be accommodated within the bounds of its own property and that use of the
park was inappropriate.A copy of the summary was sent to the Parks Board,
issued several concerns,that were relayed to Pastor Pitman at the Church.
The Church has not made any further proposals nor taken any action on the
site plan.
Citicorp
Mr.Hawbaker stated that he hoped to have the site grading plan through by
next week provided it is submitted by the engineering consultant.Mr.
Goodrich reviewed the consultation held on June 29th,stating that the
Hagerstown)Washington County Industrial Foundation bought the Clopper Farm
of 108 acres and will subdivide 60 acres to Citicorp.Mr.Goodrich
highlighted pertinent facts of the proposed development as stated in the
Consultation Summary and stated that the general layout would remain as
shown on the concept but there may be some fine tuning of details.No firm
layout of the remainder of the parcel to be developed by Industrial
Foundation has yet been prepared.It may have some effect on alternative
access points and the routing of water and sewer lines to Citicorp.No
insurmountable problems were noted;however,the Pennsylvania D.G.T.was
identified as a critical contact prior to plan preparation.The Commissions
major role was noted as being involved in the Water and Sewerage Plan
Ammendment and review and approval of the subdivision and site plan
application.The Commission voted on a motion made by Mr.Byers,seconded
by Mr.Zombro to grant the staff the authority to approve the Citicorp
subdivision and site plan application.So ordered.
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Robert Castle
Mr.Lung presented to the Commission the same information brought out in the
variance request made by Mr.Castle concerning a proposed 6 lot residential
subdivision.Mr.Lung noted that it was brought out at the consultation
that four out of the six lots were undersized when the dedicated right-of-
way is taken into consideration.Consultant Bucky Teach was notified of
this.Mr.Teach stated that when the subdivision plat is prepared the lots
would be adjusted to the proper size.Mr.Lung informed Mr.Castle that the
land was in a prime agricultural area and also informed him of the
alternatives to development.No action was necessary on the commission's
part.
Other Business:
Rezoning Cases
Mr.Hawbaker reviewed the Brandenburg Tract held over from the last meeting,
stating that we still need to make a recommendation to the County
Commissioners that they rezone four acres to BL inclUding the 1.02 acres
that has sinced been annexed into the city.The staff's recommendation is
four acres be designated on the zoning map with the specific northern
boundary to be shown on the site plan.Motion was made by Mr.Zombro,
seconded by Mr.Byers to make this recommendation to the County
Commissioners on Tuesday,August 6th.Mr.Roulette abstained from this
motion.So ordered.
Mr.Hawbaker brought to the Commission's attention two items that needed its
approval for advertising for the September 16th Public Hearing,first being
to add set back requirements to section 23.1,second having to do with the
Subdivision Ordinance which has two superflous words in the dedication
statement.Concurrence of the Commission is to go ahead and advertise the
two suggested changes to the Ordinance.
September Regular Meeting Date
The regular September Meeting of the Planning Commission will be held on
Monday,August 26th,1985 due to the fact that the first Monday in September
is Labor Day,and the third Monday in September is the Public Hearing.
General concensus of the Commission is to change meeting date to August
26th.
Mr.Hawbaker introduced Christene K.Wachter as the new Administrative
Secretary.
There being no further business,the meeting was adjorned at 10:20 p.m.
P~l.J
William E.
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Chairman
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WASHINGIDN COUNTY PLANNING COMMISSION
REGULAR MEETING OF AUGUST 26,1985
The Washington County Planning Commission held its regular meeting on
Monday,August 26,1985,at 7:00 p.m.,in the second floor conference room
of the County Office Building.
Present were:Chairman,William E.Wolford,Jr.;Jack B.Byers;Donald E.
Zombro;Richard E.Roulette;Judy Accord;Michael D.Barnhart;and Dr.Ray
M.Johns.Staff:Executive Director,Jack S.Hawbaker;Senior Planner,
Stephen T.Goodrich;Associate Planners Timothy A.Lung and William V.
Stachoviak;Assistant Planner,Lisa A.Kelly;Deputy Director of the
Washington County Department of Building Permits &Inspections,Paul
Prodonovich;and Secretary Christene K.Wachter.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
MINUTES:
At the request of Mr.Byers,the Minutes of August 5,1985,were amended
under Durban's Auto Salvage to state,"•••giving Mr.Prodonovich the
authority to give final approval."Also at the request of Mr.Byers,the
Minutes of August 5,1985 were amended under George Harrnnond to state,"•••Mr.
Harrrrnond submitted a certified survey plat for his junkyard in 1974."
The Minutes were then approved and adopted as revised on a motion made by
Mr.Zombro,seconded by Mr.Roulette.So ordered.
ADDITIONS TO THE AGENDA:
At the request of the Executive Director,the following items were
considered for addition to the agenda:Durbans Auto Salvage Site Plan,
Greenside Apartments PreliminaryjFinal Subdivision Plat and Site Plan,and
Independent Bible Brethren Church Preliminary &Final Subdivision Plat.On
a motion made by Mr.Roulette,seconded by Mr.Byers,the Independent Bible
Brethren Church Preliminary &Final Subdivision Plat was added to the
agenda.On a motion made by Mr.Byers,seconded by Mr.Roulette,Durbans
Auto Salvage Site Plan Review was added to the agenda also.So ordered.
Variance Request:
John Martin
On behalf of Mr.Martin,Mr.Lung presented a variance request from Section
405.llB of the Subdivision Ordinance which requires that all new lots shall
have a minimum of 25 feet of public road frontage.Mr.Martin is proposing
to subdivide a 1.1 acre residential lot out of a 78 acre parcel which has
approximately 20 feet of public road frontage onto Newcomer Road.Mr.
Martin would like to retain this frontage so that he can have access to
service his orchard,with a right-of-way to be granted to the buyer of the
proposed lot.The Commission voted on a motion made by Mr.Roulette,
seconded by Mr.Zombro to grant the variance as requested.So ordered.
Subdivisions:
Donald Huffman
Mr.Hawbaker reported to the Commission that a letter of withdrawal should
be received by the staff sometime on Tuesday because of Health Department
disapproval.No action is necessary on the part of the Commission.
Snook's Development -Lots A &B
Mr.Goodrich presented to the Commission a request for preliminary/final
approval of a 3 lot subdivision,condition upon receipt of the Health
Department's approval.The proposal is located on the south side of
Broadfording Road,west of Interstate 81.Lots A &B are located to the
west and rear of the property and each contain a duplex.The lot to the
front contains a two-family dwelling and an apartment above a garage,and
will be retained by the owners.Each lot will be served by private well and
septic systems,and will be served by at least 25'of public road frontage.
Approval has been received from the Engineering Department,and the Health
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Department approval is forthcoming.
by Mr.Byers,seconded by Ms.Acord
the subdivision plan as submitted.
ADDITIONS TO THE AGENDA:
The Commission voted on a motion made
to grant preliminary/final approval for
So ordered.
Independent Bible Brethren Church-Subdivision
Mr.Frederick,Consultant for the Church,presented a 1 lot,3 acre
subdivision from the original 16.11 acre tract located in a Highway
Interchange zone.The property,located on the north side of Binkley
Avenue,is proposed to have 3 acres subdivided out of the southwest corner
to be developed as a church.It is currently served by public water and
sewer.Mr.Dull,County Engineer,expressed some concern as to drainage.
Mr.Frederick said at this time they are including easements to be dedicated
to the County for the purpose of improving the drainage in the Maugansville
area.Mr.Frederick is requesting that the staff be granted the authority
to approve the subdivision at such time that all the agencies have
approved.The Commission voted on a motion made by Mr.Roulette,seconded
by Mr.Zombro to give the staff authority to grant subdivision approval
subject to receiving all agency approvals.So ordered.
Durban Auto Salvage-Site Plan
Mr.Prodonovich stated to the Commission that Mr.Bumgardener's client has
proposed a screening plan different than the one originally submitted at the
last meeting.Mr.Bumgardener told the Commission that his client proposes
to eliminate the corregated fence along Broadfording Road and substitute
forsythia planted every 4 to 5 feet.Forsythia would be planted along the
.Greencastle Pike with pine trees planted at la'intervals to tie in with
existing buildings.Mr.Bumgardener said that the junk vehicles located in
the northwest quadrant would be removed.Mr.Prodonovich expressed concern
that the proposed screening along the Greencastle Pike might not be
sufficient after the leaves have fallen to block the view.He would like to
keep the option open for reconsideration in the fall when the leaves are off
the trees if additional screening is needed.The Commission voted on a
motion made by Mr.Byers,seconded by Mr.Barnhart to approve the alternate
screening plan as submitted with the understanding that Mr.Prodonovich has
the option for reconsideration after the leaves have fallen.So ordered.
Mr.Roulette asked Mr.Bumgardener if the Commission was going to receive a
Site Plan on the other junkyard owned by Mr.Grimm.Mr.Roulette stated
that the submittal of this plan was to be accomplished by July 1 according
to the Ordinance,and there was an extension on this.The Commission is
concerned that if the plan is not submitted at the October meeting there
won't be sufficient time for the plantings to be done before winter.Mr.
Bumgardener said he would submit his plan to Mr.Prodonovich within the next
2 to 3 weeks so if there are problems,it can be dealt with before the next
Commission meeting in October.
Greenside Apartments II-Preliminary/Final Subdivision and Site Plan Approval
Mr.Byers made the motion to add Greenside Apartments II to the agenda.The
motion was seconded by Mr.Roulette.So ordered.
Mr.Davis of Davis,Renn &Shrader presented to the Commission a plan for
subdivision of a 5.8 acre parcel containing a 40 unit apartment complex.
This has been reviewed by the other agencies with approval already received
from the County Engineer,and the Sanitary District.Mr.Goodrich said that
the staff has reviewed the site plan several times,and a consultation was
held.There were some questions on the landscaping.Mr.Davis presented
the landscaping plan to the Commission.The Commission voted on a motion
made by Mr.Byers,seconded by Dr.Johns that the staff be given the
authority to grant preliminary and final subdivision and site plan approval
contingent upon agency approval.So ordered.
OTHER BUSINESS:
Dr.Johns submitted to the Commission a letter stating that he has been
granted an appointment as a Fellow in the Yale University Department of
Economics for the period September 1985 through April 1986.He feels this
is an opportunity that he can't pass up,and that while it will require him
to be away from the community,he expects to be able to attend the monthly
meetings.He is asking to remain on the Commission and that they bear with
him for the next few months.Mr.Wolford saw no problem with this,and
wished him best of luck with his studies.
copy of this letter be sent to the County
aware of the situation.
NEW BUSINESS:
Preliminary Consultation:
Preston Shupp
Mr.Wolford also suggested that a
Commissioners so that they are
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This was for information purposes only,and the staff is still awaiting
written responses from the Health Department since they were not present for
the Preliminary Consultation.No action was necessary on the part of the
Commission.
OTHER BUSINESS:
Bike Route Study
Mr.Stachoviak briefed the Commission on the last meeting of the Bike Route
Study Committee held on August 6th.Potential routes in the southern and
western sector of the County were discussed and mapped.There were a total
of approximately 88 miles of potential routes in the southern sector of the
County and 77 miles in the western sector.During the meeting the Committee
requested that two trial route maps be prepared and distributed before the
end of the biking season this year to get a feel for the interest in this
area.The two suggested routes were the Hagerstown C &0 Canal Williamsport
Loop and the Sharpsburg C &0 Canal Loop.Mr.Stachoviak then passed
samples of each proposed map to the Commission.The next meeting for the
Bik~~qute Study Committee is scheduled for September 10th at which time
they'wiTl discuss the final report of the committee and the format of the
map they will recommend be produced.
South County Park
Mr.Stachoviak updated the Commission on South County Park by stating that
bids were accepted from P &W Excavating on August 6th.Mr.Dull reported
to Mr.Stachoviak that the contracts are being signed and work should begin
about the second week of September with the hopes that the ball field can at
least be graded and seeded by the Fall.
Water and Sewer Amendments
Mr.Hawbaker reported to the Commission that the Water &Sewer Plan needed
two amendments.It was decided to initiate the amendment at the Planning
Commission to include the Citicorp development,the 40 plus acres of the
Industrial Foundation,the Burkholder Property and the Horst Property.Mr.
Hawbaker told the Commission that it is presently classified at S-7,W-7 and
that it needs to be changed to S-3,w-3.This will be heard at the same
time as the Rezoning Hearing on September 16th.
Mr.Hawbaker then briefed the Commission on the Citicorp development.The
preliminary and final plats have been received at the Planning Commission
office.Mr.Hawbaker said that they had been sent out to all the agencies,
and h'il.hClP'il,?,to J;!Cjve all approvals back by Thursday.Mr.Hawbaker also
reported to the COmmission that he has been chairing the Airport
In~rastructure Study Committee which met for the third and last time on
Mdh'dJ1,'August 26th.Mr.Hawbaker told the Commission that the Committee
would be taking a presentation with their recommendations to the County
Commissioners sometime next week.
Allegheny Power Transmission Line
This was for the Commissions information only.No action was necessary.
There being no further business,the meeting was adjourned at 8:45 p.m.
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WASHINGTON CDUNTY PLANNING COMMISSION
REGULAR MEETING OF OCTOBER 7,1985
The Washington County Planning Commission held its regular meeting on
Monday,October 7,1985,at 7:00 p.m.,in the second floor conference room
of the County Office Building.
Present were:Chairman,William E.Wolford,Jr.;Jack B.Byers;Donald E.
Zombro;Richard E.Roulette;Judy Accord;Michael D.Barnhart;and Dr.Ray
M.Johns.Staff:Executive Director,Jack S.Hawbaker,Senior Planner,
Stephen T.Goodrich;Associate Planner Timothy A.Lung;Assistant Planner,
Lisa A.Kelly;Deputy Director of the Washington County Department of
Building Permits &Inspections,Paul Prodonovich;and Secretary Christene K.
Wachter.
CALL TO ORDER:
The meeting was called to order by the Chairman at 6:58 p.m.
MINUTES:
The Minutes of the Regular Meeting held on August 26,1985,were approved as
received on a motion by Mr.Zombro,seconded by Mr.Byers.So ordered.
ADDITIONS TO THE AGENDA:
Mr.Hawbaker informed the Commission of a request from Home Corporation for
Potomac ~Ianor,Section "E"to be added to the agenda since all the agency
responses were received following the mailing of the agenda.On a motion by
Mr.Zombro,seconded by Mr.Barnhart,the Commission voted to add the
subdivision.
Mr.Fred Papa of Fox &Associates requested that he be added to the agenda
to present a site plan for his client,Mr.Mace,for the Commission's
consideration.Mr.Papa explained that the site plan is for the same parcel
of land that was the subject of a rezoning hearing on September 16.The
Commission chairman informed Mr.Papa,after conferring with the Commission,
that,in light of the Commission not yet having considered the rezoning
matter for recommendation to the County Commissioners,it would not be
proper to consider a site plan at this time.The Commission decided by
consensus not to consider the site plan.
NEW BUSINESS:
Variance Requests Under Section 107:
Donald Long
On behalf of Mr.Long,Miss Kelly presented a request for a variance from
the requirements of Section 405.11B of the Subdivision Ordinance which
states that new lots shall have a minimum of 25 feet of public road
frontage.Mr.Long proposes to subdivide a 14 acre panhandle lot into two
parcels,one lot having 23 feet of frontage and the other lot having 22 feet
of frontage.Neither of the proposed lots have any existing structures on
them at the present time.One lot has already passed the Health Department
percolation test.The County Engineer has no objection to this proposal.
The Commission voted on a motion made by Mr.Zombro,seconded by Mr.Byers
to grant the variance as requested due to extraordinary hardship which may
result from strict compliance with the Subdivision Ordinance.So ordered.
Lynn Dick
On behalf of Mr.Dick,Miss Kelly presented a request for a variance from
the terms of Section 405.11B of the Subdivision Ordinance which states that
new lots shall have a minimum of 25 feet of pUblic road frontage.Mr.Dick
proposes to sell the property to Tri-State Truck Service but does not wish
to include the existing gravel drive in the subdivision.This would create
a new lot without public road frontage,and the access would be provided by
a private right-of-way.Public road frontage is not available to the north
and west due to the presence of single family dwellings.The Commission
voted on a motion made by Mr.Roulette,seconded by Mr.Barnhart to grant
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the variance as requested due to extraordinary hardship which may result
from strict compliance with the Subdivision Ordinance.So ordered.
Robert Beers
Mr.Goodrich presented to the Commission a request for a variance from the
terms of Section 405.11B of the Subdivision Ordinance which states that
newly subdivided lots shall have 25 feet of frontage on a road dedicated to
public use and,aocepted for public maintenance.The property,located on
the east side of Woodland Drive in the Orchard Hills Subdivision north of
Maugans Avenue,would create two new lots without public road frontage.
These two new lots would utilize a right-of-way over the remaining panhandle
lot which includes the Beers dwelling,but would not have fee simple title
to any portion of it.The Commission voted on a motion made by Mr.
Roulette,seconded by Mr.Zoffibro to grant the variance as requested based on
extraordinary hardships that may result from strict compliance with the
Ordinance.So ordered.
Nelson Henry
Mr.Goodrich presented to the Commission a request from Mr.J.Harold
Seibert on behalf of his client,Nelson Henry,to subdivide a parcel of land
currently owned by Mr.Donald J.K.Taylor that was conveyed to Mr.Taylor
from Milton E.Yaeger in 1979.Mr.Rosenberry,owner of the private lane
proposed to serve the new subdivision,along with his attorney,Mr.Dwyer,
offered testimony in objection to the subdivision.After considerable
discussion,the Commission voted on a motion by Mr.Johns and seconded by
Ms.Acord not to accept the plat for processing at this time.The
.Commission instructed the Executive Director to inform Mr.Seibert that it
does not view the proposed application favorably because of the litigation
and the recent opinion issued by the Board of Zoning Appeals.So ordered.
Subdivisions:
Roy McC.Corwell
Mr.Lung presented to the Commission a proposed 4 lot,residential
subdivision of the land of Roy McC.Corwell,located on Big Spring/Clear
spring Road.The parcel is currently zoned Agricultural.Each 1.3 acre lot
will have its own driveway,well and septic system.Approvals have been
received from all reviewing agencies.The applicant is requesting
Preliminary and Final Approval.The Commission voted on a motion made by
Mr.Byers,seconded by Mr.Barnhart to grant Preliminary and Final
Approval.So ordered.
Henry Hesse
Mr.Lung presented to the Commission both a variance request and preliminary
and final subdivision application request for the applicant,Mr.Hesse.Mr.
Hesse is proposing to subdivide 1.23 acres which includes an existing gas
station and convenience store located at the intersection of Maryland Route
64 and Robinwood Drive currently zoned BL.Mr.Hesse is requesting a
variance from any additional right-of-way dedications due to the existence
of improvements within the required right-of-way area.The State Highway
Administration and the County Engineer are not opposed to the granting of
this variance.Subdivision approval has been received from all agencies
except the Health Department who is requesting testing in the septic reserve
area.Mr.Roulette made a motion to grant the variance based on
extraordinary hardships that may result from strict compliance with the
Subdivision Ordinance.Mr.Byers seconded the motion.So ordered.Mr.
Zombro made a motion to grant preliminary and final subdivision approval
contingent upon Health Department approval.Motion was seconded by Mr.
Roulette.,So ,ordered.
Marcum Estates
Mr.Lung presented to the Commission a request for preliminary and final
approval for a 4 lot subdivision of the lands of Agnes Marcum Elliott
located on Millers Sawmill Road.The parcel is currently zoned
Agricultural,and each lot will be approximately 1 to 1 1/4 acres with each
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lot having its own well,septic system,and access to Millers Sawmill road.
Approval has been received from all the reviewing agencies.The Commission
was advised that during the Preliminary Consultation,which was held on June
21,1985,the County Engineer expressed concern over the ability of Millers
Sawmill Road to handle traffic which may be generated by any additional
residential development served by Millers Sawmill Road.It was brought out
at this time that the plat hadn't been signed and certified by the lending
institution.The Commission voted on a motion made by Mr.Byers,seconded
by Mr.Zombro,to grant preliminary and final approval contingent upon the
plat being signed by the lending institution.So ordered.
Robert Muritz
Mr.Lung presented to the Commission a request for preliminary and final
approval for a 4 lot subdivision of property currently owned by Robert
Muritz located on Mayfair Avenue.The site is zoned Residential Suburban
with the proposed lots ranging from 14,350 to 22,550 sq.ft.in area.Mr.
Muritz's residence is located on the northern most lot,lot D.Each lot
will have its own septic system,public water service is available.All
agency approvals have been received.The Commission voted on a motion made
by Mr.Zombro,seconded by Mr.Johns to grant preliminary and final
approval.So ordered.
Highland View Estates
Mr.Lung presented to the Commission a request for resubdivision of lot 1,
Highland View Estates.The original lot 1 consisted of 8.7 acres and was
approved by the Planning Commission in 1983.The proposed resubdivision
.will divide the previously approved lot into 2 new lots of 4.29 and 3.96
acres each ..A third lot consisting of 6.55 acres is to be subdivided out of
the remaining lands of Heritage Hill Inc.Each lot will have its own well
and septic system.All agency approvals have been received.On a motion
made by Mr.Roulette,seconded by Mr.Barnhart,the Commission voted to
grant the Highland View Estates subdivision request.So ordered.
Terrace Hills
Mr.Lung presented to the Commission a request for preliminary approval for
the subdivision of 23 single family lots located off of Oakhill Avenue,
Cathedral Avenue,and The Terrace on lands owned by the Antietam
Distributing Company.Preliminary approvals with comments have been
received from all the reviewing agencies.The area is served by the
Hagerstown Water Department and the Hagerstown Water Pollution Control,both
of which have submitted letters stating that service is available and that
the lines should be extended as shown on the marked copies of the plat.The
County Engineer has requested that site grading plans be submitted for lots
7,8,10 and 18 in addition to detailed storm water management facilities.
The Commission voted on a motion made by Mr.Roulette,seconded by Mr.
Zombro to grant preliminary approval contingent upon the final plat
inclUding revisions as requested by the reviewing agencies.So ordered.
Fieldstone Acres
Mr.Lung presented to the Commission a request for preliminary and final
approval for a 7 lot residential subdivision of lands owned by Mrs.Maria
Valiente located at Beaver Creek and White Hall Road.Each lot will be
approximately 1 1/2 acres,will have its own well and septic system,and its
own access onto Beaver Creek Road.The Health Department has given its
approval contingent upon the consultant removing a statement which was
inadvertently included with the owners statement concerning proposed future
public facilities.Revised copies of the plat have been received with this
statement removed.All other agency approvals have been received.The
Commission voted on a motion made by Mr.Byers,seconded by Mr.Barnhart,to
grant preliminary and final approval.So ordered.
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Addition to Subdivisions:
Potomac Manor Section E
Mr.Byers abstained from any action on this subdivision and stepped down
from his seat on the Commission.
Mr.Goodrich presented to the Commmission a request for preliminary
subdivision approval of a 30 lot subdivision located on the northeast side
of Hagerstown,south of Northern Avenue and north of Magnolia Avenue.The
parcel has a total of 9.76 acres currently zoned RU.This subdivision also
involves a 300'extention of Chartridge Drive and 800'of new road known as
Kingswood Terrace.Approvals were received from the Health Department,
Water Pollution Control,City Water Department,and County Engineer.The
Commission voted on a motion made by Mr.Zombro,seconded by Mr.Barnhart,
to grant preliminary approval with the condition that the changes expressed
by the Health Department and County Engineer be made on the final plat.So
ordered.
Site Plans:
Boonsboro American Legion
Miss Kelly presented to the Commission a request for site plan approval for
the Boonsboro American Legion post,located at the southwest quadrant of
Maryland Route 40 and Maryland Route 68 intersection.The proposed building
will be 120'x 100'and will seat approximately 250 people.There will be
125 parking spaces surrounding the building.Water and sewerage service
.will be provided by the Town of Boonsboro.Approvals have been received
from the Boonsboro Planning Commission,Fire and Rescue,County Engineer,
State Fire Marshall and Soil Conservation.Verbal approval has been
received from the Health Department.Evan Smith of the State Highway
Administration has stated that Mr.Flook needs to write a letter stating his
approval for the deceleration lane being on his property before an entrance
permit can be issued.Finally,the SHA has disapproved the site plan due to
the excessively steep grade of the entrance and driveway.The Commission
voted on a motion made by Mr.Byers,seconded by Mr.Barnhart to grant site
plan approval contingent upon State Highway approval and final Health
Department approval.So ordered.
Site Plans Continued:
Citicorp
Mr.Hawbaker presented to the Commission the Citicorp site plan.The
Commission has already given the Staff the authority to give approval to the
subdivision plat and the site plan.Mr.Hawbaker asked the Commission to
give consideration to waiving the screening requirement set in the Zoning
Ordinance,Section 19.5 (c)5 which states that in an HI district where
there is a residence on an adjacent lot there is to be a complete visual
barrier provided between the use and the house.Mr.Davis,of Davis,Renn &
Shrader,stated that Mr.Clopper does not wish any additional screening to
be provided,only that his present lawn be maintained.General consensus of
the Commission is to waive the requirement of the visual barrier subject to
future staff review and approval of a landscaping plan.So ordered.
Preliminary Consultation:
Youngstoun Phase III
Mr.Goodrich presented to the Commission remarks that were made at the
Preliminary Consultation held on August 28,1985.The County Engineer
requested a revision to the end of the road,which basically provides some
additional right-of-way and a turn around.He also stated that a Geometrics
Improvement Study should be made to the intersection of Youngstoun Drive and
Robinwood Drive.The Water Department stated that water is available to the
proposed development on the condition that a 12"line from the south must be
connected.The Water Pollution Control Department said service is available
subject to certain construction standards.It was decided that when the
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Commission originally adopted the Development Plan it was under PR
requirements,not the new PUD,and that the PR standards be followed until
Youngstoun is completed.The developer is also requesting a variance to
extend the street to 795'in length which is over the maximum 600'
permitted.On a motion made by Mr.Byers,seconded by Mr.Zombro the
Commission granted the variance based on extraordinary hardships that may
result from strict compliance with the Subdivision Ordinance.So ordered.
Other Business:
Landfill Screening
Mr.Piodonovich presented to the Commission the County Landfill Screening
Plan.Mr.Prodonovich stated that he has personally inspected the site with
Mr.Davenport,WhO is proposing trees 6'high,staggered with a chain link
fence going across the front of the property.Mr.Davenport is requesting
the fence be placed in front of the trees to protect them against
vandalism.Mr.Prodonovich recommends that this proposal be accepted.On a
motion made by ~lr.Byers,seconded by Mr.Barnhart,the Commission approved
the screening plan as submitted.So ordered.
Grimms Junkyard Screening Status
Mr.Prodonovich presented to the Commission Mr.Grimms proposed screening
plan.He stated that it met all the conditions discussed previously and
that the applicant should be notified that he has 6 months to complete the
screening from the time the Commission has given approval.The Commission
voted on a motion made by Mr.Barnhart,seconded by Mr.Zombro,to approve
.the proposed screening plan as submitted with the condition that if Mr.
Grimm does not fulfill the screening plan that action can be taken at that
time.
Jeter Paving
Mr.Prodonovich presented a proposed sUbdivision to the Commission.Mr.
Prodonovich is bringing it before the Commission to see if the Commission
would like to impose any greater restrictions than already stated in the
Zoning Ordinance under the HI Distict.Mr.Jeter is proposing to have a
contractor's equipment facility which requires a special exception under the
HI District.On a motion made by Mr.Byers,seconded by Mr.Roulette,the
commission voted not to impose any greater setbacks than already required.
So ordered.
Rezoning Cases and Water &Sewerage Plan Amendments from September 16
RZ-325--Fred A.Tooma Estate--RS to BG
A motion was made by Mr.Barnhart,seconded by ~ls.Acord to recommend to the
County Commissioners that this case be denied based on the Staff
Recommendations that there was no substantial change in the character of the
neighborhood nor a mistake in the original rezoning.So ordered.
RZ-327--Jacob A.Grove Estate--HI to BG
A motion was made by Mr.Byers,seconded by Mr.Barnhart to recommend to the
County Comnissioners that this case be denied based on the Staff
Recommendations that there was no substantial change in the character of the
neighborhood nor a mistake in the original rezoning.So ordered.
RZ-328--Mae K.Cole--HI to BG
A motion was made by Mr.Barnhart,seconded by Mr.Byers to recommend to the
County Commissioners that this case be denied based on the Staff
Recommendations that there was no substantial change in the character of the
neighborhood nor.a mistake in the original rezoning.So ordered.
RZ-329--Austin H.Bikle--A to IR
A !lIOtion was made by Mr.Barhnart,seconded by Mr.Zombro to recommend to
the County Commissioners that this case be approved based on a change in the
character of the neighborhood.Mr.Byers voted no.So ordered.
Mr.Barnhart then made a !lIOtion to rescind his previous !lIOtion concerning
RZ-329.Seconded by Mr.Zornbro.So ordered.
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Mr.Barnhart again made a !lIOtion,seconded
the County Commissioners that this case be
the original zoning.Mr.Byers voted no.
RZ-330--Text Amendment--Section 19.4
by Mr.Zombro,
approved based
So ordered.
to recommend to
on a mistake in
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A !lIOtion was made by Mr.Barnhart,seconded by Ms.Acord to recommend to the
County Commissioners that this case be approved to add "Minimum Building
Setback Lines Shall Be The Same As For The A District"to the Zoning
Ordinance.So ordered.
Amendment to the Subdivision Ordinance
A motion was madeby Mr.Zornbro,seconded by'_Mr.Bye\:"S to recommend to the
County Commissioners that this case be approved based on the fact that'there
are two superfluous words appearing in the Dedication Certificates.So
ordered.
,Water &Sewerage Plan Amendment--Sylvia J.Martin,William D.Martin
A !lIOtion was made by Mr.Zornbro,seconded by Mr.Barnhart to recommend to
the County Commissioners that this case be approved based on the Staff
Recommendations.So ordered.
Water &Sewerage Plan Amendment--Hagerstown!Washington County Industrial
Foundation,Citicorp Credit Services,Inc.,Martin L.Burkholder,Menno B.
Horst
A motion was made by Mr.Barnhart,seconded by Mr.Zombro to recommend to
the County Commissioners that this case be approved based on the Staff
Recommendations.So ordered.
Rezoning Text Amendments for November 18th
Letter from Lee Down~
Mr.Downey requested that the Commission consider an amendment to the Zoning
Ordinance that would allow lots smaller than the current 20,000 square feet
where public water and public sewer service is provided.Mr.Hawbaker said
he had no problem with this proposal.The general consensus was that this
should be proposed for the next rezoning hearing and should be advertised •..",',","
Text Amendment--Section 19.4
Mr.Hawbaker proposed a text amendment to Section 19.4 of the Zoning
Ordinance to include cemetaries,mausoleums,and memorial gardens as
principle permitted uses in a Highway Interchange District.The general
consensus of the Commission was that it should also be added to the
Agricultural and Conservation Districts.This will be done and advertised
for the next public hearing to be held in November.So ordered.
There being no further business,the meeting was adjourned at 11:05 p.m.
tJi!1~'A 2;,utrt,
WillTam E.
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WASHING'illN COUNTY PLANNING COMMISSION
REGULAR MEETING OF NOVEMBER 4,1985
The Washington County Planning commission held its regular meeting on
Monday,November 4,1985,at 7:00 p.m.,in the second floor conference room
of the County Office Building.
Present were:Chairman,William E.Wolford,Jr.,Jack B.Byers,Michael D.
Barnhart:Judy Acord:Richard E.Roulette.Staff:Jack S.Hawbaker,
Executive Director:Stephen T.Goodrich,Senior Planner:Timothy A.Lung,
Associate Planner:Lisa A.Kelly,Assistant Planner:William Stachoviak,
Parks Planner;Christene K.Wachter,Secretary.Absent were:Dr.Ray M.
Johns,and Donald E.Zombro.
CALL 'ill ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
MINUTES:
The Minutes of the Regular Meeting held on October 7,1985,were approved as
received on a motion by Mr.Byers,seconded by Mr.Barnhart.So ordered.
OTHER BUSINESS:
Carl F.Rosenberry Appeal Status
A request was brought before the Commission by Mr.Rocco to add a variance
request to the agenda and to plead hardship for this variance.The Planning
Commission felt it needed an opinion from the County Attorney and
tentatively set a meeting for November 18th at 6:00 p.m.to make a decision
on this matter.In light of the Appeal being taken to Circuit Court by
Morin-Rocco,the Planning Commission did not want to entertain a second
request for the same property at this time.
NEW BUSINESS:
Variance Request Under Section 107:
Adna Fulton and Wife
Ms Kelly presented to the Commission a variance request for Adna B.Fulton
and Wife,located on the west side of St.Paul's Road,approximately .15
miles north of its intersection with Md.Route 68.Mr.Fulton is requesting
a variance.from Section 405.2(A)of the Subdivision Ordinance which states
that the Highway Plan requires a minimum distance of 100 feet between access
points on a Minor Collector roadway.Mr.Fulton is proposing to create a
second lot consisting of approximately 1.06 acres with an access point
within 25 feet of the driveway of Lot No.1.The reason for the placement
of the entrance at this location is due to poor site distance along other
sections of the 175 foot long lot.The Commission voted on a motion made by
Mr.Roulette,seconded by Mr.Byers to grant the variance based on unusual
topography in the area which necessitates the driveway to be where indicated
because of site distance.So ordered.
OTHER BUSINESS:
Bike Route Study Report
Mr.Stachoviak presented to the Commission the recommendations adopted by
the Bike Route Study Committee to be presented to the County Commissioners.
The recommendations are:1.Request that the State Highway Administration
consider lowering speed limits on two sections of roadway.2.A consistent
policy for drainage grates be adopted by the County,the City of Hagerstown
and the other municipalities.3.The Commissioners adopt a county wide map
and guide of six tour routes.4.Request that the State Highway
Administration provide regular maintenance of wide shoulders in the county.
Mr.Stachoviak stated that the Committee is waiting for Traffic Advisory
Committee clarification of the vehicle law.The Commission voted on a
motion made by Mr.Byers,seconded by Mr.Barnhart to support the
recommendations of the report as submitted.The report will then be taken
to the Board of County Commissioners for its endorsement.So ordered.
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OTHER BUSINESS:
Paul Prodonovich stated to the Commission that he has sited four additional
junkyards for failure to comply.with the Ordinance.These screening
violations will be brought before the Commission at a later date.Mr.
Prodonovich also stated to the Commission that Staley's and Mr.Hammond have
complied with the Commission's previous decisions on screening.
COMMUNICATIONS:
Motion was made by Mr.Roulette,seconded by Mr.Byers to grant the
extent ion letter for Tilghmanton Heights.So ordered.
NEW BUSINESS:
Subdivisions:
George Cooley -Preliminary and Final
Mr.Lung presented a 5 lot residential subdivision for Mr.Cooley located
along Harpers Ferry Road.There is one existing dwelling and four new
dwellings proposed,all with individual well and septic systems and access
onto Harpers Ferry Road.The land is currently zoned conservation.All
agency approvals have not been received.The Health Department is concerned
with some wording in the geohydrologic study.The Commission voted on a
motion made by Mr.Byers,seconded by Mr.Barnhart to grant preliminary and
final approval contingent upon Health Department approval.So ordered.
.Site Plans:
Brethren Mutual Insurance
Mr.Lung presented to the Commission a request for site plan approval for
Brethren Mutual Insurance Company to expand their present office building
located along the southwest corner of Mt.Aetna Road and Edgewood Drive.
The landscaping plan was not received in time for the staff to review prior
to the meeting.Mr.Lung did state that the plan appears to show all the
necessary screening required by the Zoning Ordinance.The County Engineer
had approved the site plan,but approvals had not been received from the
Health Department or the City Water Department,both of which are waiting to
see the Site Plan.The Commission voted on a motion made by Mr.Byers,
seconded by Mr.Barnhart to approve the site plan contingent upon approvals
from the Health Department and Water Department,and also the staff
approving the landscaping plan.So ordered.
Preliminary Consultations:
Washington County Hospital Association
Mr.Lung presented the summary of the Preliminary Consultation held for the
Washington County Hospital Association on September 25,1985.The
Association is proposing a three lot subdivision and construction of three
professional office buildings located on the west side of Maryland Route
60.Unfavorable comments were received from Mr.Dull,County Engineer,and
Evan Smith,State Highway Administration,who foresee traffic problems if an
access point is provided for the site onto Route 60 and also if traffic is
only routed out through the Oak Hill Avenue residential section.Mr.Dull
also stated that he could not approve the six foot high screening along Oak
Hill Avenue which could be imposed by the Commission due to the PB zoning
of the property,because it would cut down on site distance.No
action was necessary on the part of the Commission.
OTHER BUSINESS:
Boonsboro Town Growth Area Study
Mr.Hawbaker stated to the Commission that he and Mr.Lung had attended the
second meeting of the Boonsboro Town Growth Area Study.Mr.Hawbaker also
stated that he feels the study can be completed within four or five meetings
and that he would like someone from the Planning Commission to attend these
meetings also.Mr.Hawbaker feels that at their next meeting on November
13th they can rough out the boundaries.Mr.Wolford stated that until the
Commission appoints a representative he will attend the next meeting with
Mr.Hawbaker and Mr.Lung.No action necessary on the part of the
Commission.
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OTHER BUSINESS:
Airport Zoning District
Mr.Hawbaker stated that when Section 21.2 (e)(I)and (5)of the Ordinance
was adopted it restricted development on lots of record to one principle
structure.Mr.Hawbaker told the Commission that there were no specific
problems at this time,but difficulties could arise in the future.Mr.
Hawbaker informed the Commission that he felt the Industrial Foundation's
portion of the Clopper Farm could be effected by this provision.The
Commission suggested that the staff get responses from Mr.Sprowls,Airport
Manager,and Mr.Burtner,Director of Economic Development as to whether
these restrictions will present any future problems as far as flight safety
or future development are concerned.No action was necessary on the part of
the Commission.
Citicorp Status:
Mr.Hawbaker stated to the Commission that site plan approval had been
granted by the staff following all agency responses pursuant to the
Commissions direction.No action was necessary on the part of the
Commission.
Richard Oakley Subdivision:
Mr.Hawbaker presented to the Commission a simplied plat application
received by the staff.Mr.Hawbaker expressecl his concern over the legality
of the Health Department requiring additional land to lot #7,when this
.parcel had already passed Health Department approval previously.Mr.
Hawbaker stated that it was his understanding that a lot of record,once
approved by all agencies and duly recorded in the Land Records,is a
buildable lot.Mr.Hawbaker feels that Dr.Neill at the Health Department
should comment on this matter.No action was necessary on the part of the
Cormnission.
There being no further business,the meeting was adjourned at 8:32 p.m.
tJ~2.J<tt,
William E.Wol
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WASHINGTON mUNTY PLIINNING COMMISSION
POSTPONED MEETING OF DECEMBER 2,1985 HELD ON DECEMBER 16,1985
The Washington County Planning Commission held its regular meeting,
postponed from December 2,on Monday,December 16,1985,at 3:00 p.m.,in
the second floor conference room of the County Office Building.
Present were:Chairman,William E.Wolford,Jr.;Jack B.Byers;Judy Acord;
Donald E.Zombro;Dr.Ray Johns.Staff:Jack S.Hawbaker,Executive
Director;Stephen T.Goodrich,Senior Planner;Timothy A.Lung,Associate
Planner;Lisa A.Kelly,Assistant Planner;Christene K.Wachter,Secretary.
Absent were:Michael D.Barnhart.Mr.Richard E.Roulette arrived at 3:54.
CALL TO ORDER:
The meeting was called to order by the Chairman at 3:02 p.m.
MINUTES:
The Minutes of the Regular Meeting held on November 4,1985,were approved
as received on a motion by Mr.Byers,seconded by Mr.Wolford.So ordered.
NEW BUSINESS:
Variance Request Under Section 107:
John Martin:
Mr.Lung presented to the Commission a request from Mr.Martin to reconfirm
a previous variance request approved at the August,1985 meeting of the
Commission where Mr.Martin was granted a variance to create a new lot
without public road frontage.When this request was originally considered,
the Staff and the Commission acted under the assumption that Mr.Martin
owned approximately 20'of frontage onto Newcomer Road.After the land was
surveyed and a subdivision plat prepared,Mr.Martin discovered that his
property comes to a point at the edge of Newcomer Road and the existing
access to his land is actually on property owned by William Shifflet.Mr.
Martin has obtained a letter from Mr.Shifflet granting him a right of way
over the Shifflet property which will serve the proposed subdivision and the
remaining lands.Mr.Lung felt that the Commission should be made aware of
the situation before granting approval of the subdivision plat.The
Commission voted on a motion made by Mr.Byers,seconded by Dr.Johns to
reconfirm the variance request based on right of way access rather than fee
simple access.So ordered.
Donald Risser:
Mr.Lung presented to the Commission a variance request for Donald E.
Risser,concerning a subdivision located on the east side of Spring Valley
Heights Drive.Mr.Risser is requesting a variance from Section 405.9 of
the Subdivision Ordinance which requires the subdivider to grant easements
not less than eight feet wide along rear and side lot lines wherever
necessary for public utility,sewer and drainage purposes.Theseptic
reserve areas for Parcel A and the remaining lands infringe on the required
utility easements along the side lot lines for these lots;this
configuration is necessary in order to obtain the necessary square footage
for the septic areas which have been approved by the Health Dept.On-site
Sewerage Disposal Ordinance requirements prohibit easements or rights of
ways from being located within the septic reserve area.Potomac Edison,C &
P Telephone,Water Department,and County Engineer had no objections to the
request.The Commission voted on a motion made by Mr.Byers,seconded by
Mr.Zombro to grant the variance as requested.So ordered.
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Louis W.Linetty and Daniel J.Heinrich:
Mr.Lung presented to the Commission a variance request for Louis W.Linetty
and Daniel J.Heinrich,for a proposed subdivision located on the north side
of Maryland Route 77 approximately 1 mile east of Maryland Route 64.Mr.
Linetty and Mr.Heinrich are requesting variances from Section 405.2A of the
Highway Plan and 401.11B of the Subdivision Ordinance to create two lots
with a single access point and to locate the access point 75'from an
existing point which is less than the minimum 300'spacing required for a
major collector highway.This is necessary due to a steep embankment along
most of the Route 77 road frontage,making it necessary to locate a single
access point at the western corner of the road frontage to serve both
proposed lots.The State Highway Administration has no objections to this
request;however,sight distance for the proposed driveway will have to be
checked and approved at the time of subdivision application.The Commission
voted on a motion made by Mr.Zombro,seconded by Mr.Byers to grant the
variance as requested.So ordered.
Subdivisions:
Lynn Dick and Herman Whitaker:
Miss Kelly presented a single lot,commercial subdivision for final approval
Mr.Lynn Dick and Mr.Herman Whitaker.The subject site is located on the
north side of Industry Drive.The proposed lot consists of 1 acre,and has
both pUblic water and sewerage.Approvals have been received from the
Health Department,County Engineer,Sanitary District,and the Hagerstown
Water Department.A variance was granted by the Board of Zoning Appeals
which allowed for a lot area of 1 acre instead of the required two acres.A
variance request was also granted to create a new lot without public road
frontage.The Commission voted on a motion made by Mr.Byers,seconded by
Mr.Zombro to grant preliminary and final approval.So ordered.
Robinwood Court,Section II,Preliminary &Site Plan:
Mr.Goodrich presented a request for preliminary plat and site plan approval
for a 72 unit apartment complex on approximately 6 acres located on the
southeast side of Robinwood Drive,south of Hagerstown Junior College.The
site is currently served by pUblic water and sewer.The Staff had asked the
developer for 3 revisions to the plat which have been agreed to:1.
Additional landscaping is needed in front of the buildings,in the parking
lot islands,and around the play areas.2.Totlot needs to be broken down
into 2 smaller individual play lots,relocated to meet setback requirements
of the Zoning Ordinance,and should have landscaping and benches.3.One
additional RV space is needed.The County Engineer is requiring
construction of a by-pass lane along the west side of the southbound lane of
Robinwood Drive.The Funkstown Fire Department has also expressed its
concern for the available water supply for fire protection purposes.Mr.
Teach,ConSUltant for the developers,stated that once the 12"water line is
hooked up water pressure should,be adequate for this pg?posed 72 unit
development and also for an additional 72 units.There was some question as
to whether the water line improvements for the 72 units of Robinwood Court
were sufficient to serve the 72 units proposed in Youngstoun III because the
Water Departments approval letter did not mention them specificially.The
Commission voted on a motion made by Mr.Zombro,seconded by Mr.Byers to
grant preliminary plat and site plan approval subject to the approval of the
County Engineer and the Water Department conditions.So ordered.
Ella Baer,et al Subdivision and High's Dairy Store Site Plan:
Mr.Goodrich presented to the Commission a request for preliminary and final
subdivision plat approval,located at the intersection of Maugans Avenue and
Martin Road.The subdivision will consolidate the existing lands of Ella
Baer,et al and the adjacent lands of T.Howard thus vacating the common
boundary.The Howard parcel will become part of the site to be developed
and therefore will not require a 75'buffer between the Howard residence and
proposed commercial development.Mr.Goodrich also presented the site plan
for the High's Dairy Store,to be constructed on this subdivision.The site
is currently served by public water and sewer.Approvals have been received
from all reviewing agencies.The County Engineer has requested the
extension of an existing grass median in Maugans Avenue to prevent left
turns to and from the site.The Commission voted on a motion made by Mr.
Zombro,seconded by Dr.Johns to grant preliminary and final subdivision
plat and site plan approval subject to conditions placed by the County
Engineer.So ordered.
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Other Business:
Maugans Avenue Restaurant -Kurt Cushwa:
Mr.Cushwa presented to the Commission a preliminary sketch of a proposed
restaurant to be built on the remainder of the land not being taken up by
the High's Dairy Store.This will be a family type restaurant located next
to the Hagerstown Trust Bank.Mr.Cushwa wanted to present it to the
Commission now to get any comments they might have on this proposed
development.This was for information purposes only.No action was
necessary.
New Business:
Site Plans:
Paramount Feed &Supply:
Miss Kelly presented a request for final site plan approval for Paramount
Feed &Supply Company located on the south side of Longmeadow Road and
approximately .23 miles west of Marsh Pike.The applicant proposes to
construct a 60 x 100 x 12 building on the 11.11 acres to be used as a
maintenance shed for the repair of equipment.The property is currently
zoned 1G.The County Engineer,Sanitary District and State Fire Marshall
have given their approvals.Soil Conservation District has not responded.
Mr.Hawbaker reported that the site plans complies with the conditions of
the rezoning granted by the County Commissioners.The Commission voted on a
motion made by Mr.Zombro,seconded by Dr.Johns to grant final site plan
approval.So ordered.
Preliminary Consultations:
Nicholas Diavatis:
Mr.Lung held a preliminary consultation on November 15,1985,to discuss a
concept plan for Nicholas Diavatis for a seventeen lot residential
subdivision located along the north side of Dogstreet Road south of
Keedysville.Mr.Lung stated to the Commission that this was for
information purposes only.No action was necessary.
Oak Ridge Park Complex:
Mr.Goodrich held a preliminary consultation on November 14,1985,to
discuss the concept plan for the Oak Ridge Park Complex,a forty-four rental
unit apartment development located along Rock Oak Drive.Mr.Goodrich
stated to the Commission that this was for information purposes only.No
action was necessary.
Robbins-Douglas Simplified Subdivision Plat:
Mr.Goodrich presented to the Commission the proposal of Robbins and Douglas
to exchange an equal size parcel of land so that Robbins can gain fee simple
pUblic road frontage to his existing lot.Mr.Goodrich asked the Commission
when in situations like this where a parcel of land currently exists without
public road frontage and the owner wishes to purchase additional land to
obtain fee simple access to a public road,does or should the staff have the
authority to approve the subdivision,without benefit of variance approval,
when the parcel to be acquired for road frontage is less than the minimum
25'wide required when creating an entirely new lot?The general concensus
of the Commission is that they feel each separate case should come before
them as a variance request.The Commission then voted on a motion made by
Ms.Acord,seconded by Mr.Roulette to grant a variance request based on
hardship due to the property configuration that would allow 20'instead of
the 25'of public road frontage.So ordered.
Other Business:
J.Austin McKee &Son Salvage Yard:
Mr.Prodonovich presented to the Commission the proposed screening plan for
J.Austin McKee &Son Salvage Yard located along Weller Road near Hancock.
Mr.Prodonovich stated that this is a large farm with approximately 3 acres
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currently being used for salvage lnaterial with a garage on the west side,a
house on the east side and a large field between.Mr.McKee is proposing to
plant cedar trees 5'to 6'tall,approximately 5'apart running along Weller
Road.Mr.Prodonovich feels that the plan is sufficient and meets the
intent of the Junk Yard Ordinance.The Commission voted on a motion made by
Mr.Roulette,seconded by Mr.Byers to accept the screening plan as
submitted.So ordered.
Wolfinger Ag District Application:
Mr.Goodrich presented to the Commission an application from Russell A.
Wolfinger,Jr.to create an Agricultural Land Preservation District.The
property consisting of approximately 150 acres in the Leitersburg vicinity,
is outside the Urban Growth Area and follows the guidelines of the
Comprehensive Plan.The Planning Commission and Agricultural Advisory Board
must review the application before it can be taken to the County
Commissioners for approval.The Commission voted on a motion made by Dr.
Johns,seconded by Mr.Zombro to recommend to the County Commissioners that
the application meets with requirements of the Comprehensive Plan.So
ordered.
Boonsboro Town Growth Area:
Mr.Hawbaker stated to the Commission that he,Tim Lung,and Mr.Wolford
have had four meetings with the Town Growth Committee in Boonsboro.The
next scheduled meeting is January 8th.Mr.Hawbaker stated that the
Committee has a tentative boundary and the recommended policies to accompany
this will be addressed at a later time.
Landfill Study:
Mr.Hawbaker reported to the Commission that an updated version of the Solid
Waste Plan will be presented to the Commission in January along with a
detailed report of the analysis of additional lands for the County
landfill.The landfill study ties in with the Solid Waste Management Study
but is a separate endeavor stemming from one of the recommendations from the
Solid Waste Management Study of 1982.
Devils Backbone Bridge--SHA Study:
Mr.Hawbaker reported to the Commission that Mr.Stachoviak,Parks Planner,
attended a meeting in Baltimore concerning the condition of the present
bridge,and the plans for a new bridge.A hearing,to be held in March in
the County,will be conducted by the State Highway Administration for the
purpose of receiving public input.
Conrail Track Abandonment:
Mr.Hawbaker reported that information has been received from the Maryland
Department of Transportation on the proposed abandonment of the rail line
between Winchester and Route 68 in Washington County.No adverse affect is
forseen for the County;any response should emanate from the office of
Economic Development.
Fairchild Subdivision:
Mr.Hawbaker presented to the Commission a proposal from Fairchild to convey
100'x 100'of land to the City of Hagerstown to put in a new Hortonsphere.
The Commission voted on a motion made by Dr.Johns,seconded by Mr.Byers to
grant staff authority to approve the plat once its received.So ordered.
Administrative Approval of Variances:
Mr.Hawbaker presented to the Commission two alternatives to the present way
variance requests are handled pursuant to the Commission's request in
November.The general concensus of the Commission was that the authority to
grant variances should remain with the Commission.
Rezoning Cases and Text Amendments from November 18:
RZ-326 -Richard N.and Joan Bikle
After a thorough discussion and consideration of the testimony from the
public hearing and the correspondence received following the hearing,a
motion was made by Mr.Zombro,seconded by Ms.Acord to recommend to the
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County Commissioners that this case be denied based on the Staff
Recommendations and on the findings presented in the Staff Report and
Analysis.The Commission found that there was no substantial change in the
character of the neighborhood nor a mistake in the original rezoning.So
ordered.
RZ-331 -Henry A.Hesse and Ronald G.Toothman
After a thorough discussion and consideration of the testimony from the
public hearing and the correspondence received following the hearing,a
motion was made by Mr.Zombro,seconded by Mr.Byers to recommend to the
County Commissioners that this application be denied based on the Staff
Recommendations and on the findings in the Staff Report and Analysis that
there was no substantial change in the character of the neighborhood nor a
mistake in the original rezoning.So ordered.
Ms.Acord also asked that the Staff Recommendation for RZ-331 be corrected
to read the purchaser as an individual,not Allstate Insurance Company.
RZ-332 -Alton W.Rinard
A motion was made by Mr.Byers,seconded by Mr.Zombro to recommend to the
County Commissioners that this application be approved based on the Staff
Recommendation and the findings in the Staff Report and Analysis that there
was a mistake in the original rezoning.So ordered.
RZ-333 -Text Amendment-Section 7.5
.A motion was made by Mr.Byers,seconded by Mr.Zombro to recommend to the
County Commissioners that this application be approved with the addition of
provisions for a corner lot.The Commission recommends that the lot width
for a corner lot be 100'.So ordered.
RZ-334 -Text Amendment-Sections 5.1(1),6.1, 6.2,and 19.4
A motion was made by Mr.Zombro,seconded by Ms.Acord to recommend to the
County Commissioners that this case be approved not as a principal permitted
use but as an addition to the Zoning Ordinance in the Conservation,and
Highway Interchange districts as a special exception.Since this type of
use is already provided for as a special exception in the Agricultural
district,no action is needed for that district.So ordered.
There being no further business,the meeting was adjourned at 5:05 p.m.
J'1"'1.l;;.~.f ,4 f(IJ'i1~;A 4.cJ i1lj.,.'1,/!JA .
William E.wol"rdQ Jr.
Chairman
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