HomeMy WebLinkAbout1986 Minutes262
WASHING'illN COUNTY PLANNING COMMISSION
REGULAR MEETING OF FEBRUARY 3,1986
The Washington County Planning Commission held its regular meeting on
February 3,1986,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;Michael D.Barnhart;Richard E.Roulette.Staff:Jack S.Hawbaker,
Executive Director;Stephen T.Goodrich,Senior Planner;Timothy A.Lung,
Associate Planner;Lisa A.Kelly,Assistant Planner;Paul Prodonovich,
Deputy Director of Permits &Inspections;Christene K.Wachter,Secretary.
Absent were:Judith A.Acord;Dr.Ray Johns.
CALL 'ill ORDER:
The meeting was called to order by the Chairman at 6:55 p.m.
MINUTES:
The Minutes of the Regular Meeting held on January 6,1985,were approved as
received on a motion by Mr.Zombro,seconded by Mr.Byers.So ordered.
ADDITION 'ill THE AGENDA:
Mr.Hawbaker asked that a 90-day extent ion letter for Tilghmanton Heights be
added to the agenda.On a motion made by Mr.Barnhart,seconded by Mr.
Roulette the Commission approved the addition of the extent ion letter for
Tilghmanton Heighs to the agenda.So ordered.
NEW BUSINESS:
Wallace Taylor -Zoning Matters:
Mr.Taylor came before the Commission expressing his concern over the
Maietta shale mining operation located near his home.After the mining
operation was determined in violation of the Zoning Ordinance by the Court
of Appeals,the operation was shut down.Mr.Taylor's concern now is that
nothing has been done to fill in the hole left by the operation.Mr.
Prodonovich has met with Mr.Schmidt of the Surface Mining Division of DNR,
who have both surveyed the site,and is now waiting on the State to hand
down its decision on this matter.The Commission feels that this is a
matter that should be handled through the State agency and the County
Commissioners,and that it has no authority to take any action.
Variance Requests Under Section 107:
D.Ralph Thacker:
Miss Kelly presented to the Commission a variance request from Section
405.11 (bl,to create two new lots with less than 25 feet of public road
frontage,for D.Ralph Thacker.The lots in question are located on the
east side of Martin Street near Clear Spring.This present panhandle will
be divided into two lots,each being approximately 18 feet each.The
existing drive will remain and be used in common by both lots along with Mr.
Hawbaker who has a recorded right-of-way to use the drive.The remainder of
the property will be added to the other lands owned by Mr.Thacker.Both
lots will be served by public water and sewer.On a motion made by Mr.
Zombro,seconded by Mr.Roulette,the Commission voted to approve the
variance request as submitted.So ordered.
Gregory Toms:
Mr.Goodrich presented to the Commission a variance request from Section
405.11 (bl,to create a new lot with no public road frontage,for Gregory
Toms located on the north side of Toms Road,north of Boonsboro.Mr.Toms,
the contract purchase of 81.3 acres from Mr.Harold Early,proposes to
subdivide approximately 11 acres with an existing dwelling on the parcel to
a third party and retain the remaining for agricultural purposes.The new
lot with the existing dwelling will retain ownership of the 25'panhandle to
Toms Road.The remaining lands would be granted right-of-way over the
existing drive,along with one other adjacent property owner now currently
using the existing drive.On a motion made by Mr.Roulette,seconded by Mr.
Barnhart,the Commission voted to approve the variance request as
submitted.So ordered..
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Albert Roelky:
Miss Kelly presented to the Commission a variance request from Section
405.11 (b),to create a new lot without pUblic road frontage,for Mr.
Roelky.The subject site is located west of Maryland Route 67 at the end of
Frog Eye Road.Mr.Roelky proposes to subdivide approximately 40 acres,
with no public road frontage,from his 124 acre farm.This 40 acre parcel
will be granted a 20 foot right-of-way over the existing lane.The
Commission previously granted Mr.Roelkya variance in 1980 to allow five
building lots on the same private road.This private road currently serves
the existing dwellings.On a motion made by Mr.Zombro,seconded by Mr.
Byers the Commission voted to approve the variance request as submitted.So
ordered.
Paramount Feed &Supply:
Miss Kelly presented to the Commission a variance request from Section
405.11 (b),to create a new lot without public road frontage with the access
to be provided by a private right-of-way.The subject site is owned by
Paramount Feed &Supply and is located on the south side of Longmeadow
Road.Mr.Darrell Martin,owner of Paramount Feed &Supply,is conveying
5.4 acres to the Longmeadow Volunteer Fire Company for the purpose of
nonprofit community uses and not for construction.This site is located at
the rear of Paramount's property and due to the limited width of Paramount's
entrance as a result of existing buildings and easements,a 25 foot right-
of-way to this site is not feasible.Mr.Paul Ottinger,Attorney for
Paramount Feed &Supply reiterated that there are restrictions in the deed
that this site is for charitable purposes only,the site can not be sold in
the future,and that the Fire Company mainly wants the site to test their
.equipment.On a motion made by Mr.Roulette,seconded by Mr.Zombro,the
Commission voted to approve the variance request as submitted.So ordered.
Lester Fant:
Mr.Lung presented to the Commission a variance request from Section 405.11
(b)to create two lots (lot no.29 and 32)with an access to Maryland Route
66 by means of a shared access between two other lots (lot no.30 and 31).
Located on the east side of Maryland Route 66,south of Mill Point Road,Mr.
Fant proposes to create four lots with each having a 25 foot wide panhandle
with frontage onto Maryland Route 66.Separate driveways can not be
provided because of the minimum 500 foot separation restriction for a minor
arterial highway.Right-of-ways will be provided for in the deeds.The
question of who will be responsible for the construction of the driveway was
brought out and the Commission members felt that prior to recordation of the
plat the property owners be made aware of the situation concerning the
building of this shared access road.On a motion made by Mr.Roulette,
seconded by Mr.Barnhart,the Commission voted to approve the variance
request for the use of a shared access with the stipulation that there be a
note on the plat to make prospective property owners aware of the financial
cost to build the shared access road.So ordered.
James Johnson:
Mr.Goodrich presented to the Commission a variance request from Section
405.11 (b),to create an additional lot without public road frontage;Mr.
Johnson's property is located on a private lane west of Broadfording Church
Road.Mr.Johnson proposes to subdivide 2 acres from his existing 5.3 acre
parcel.Currently the parcel has no public road frontage but has access to
Broadfording Church Road via a private road which serves other dwellings in
addition to the existing dwelling on this parcel and the new one proposed.
Mr.Goodrich brought to the Commissions attention that similar variances to
at least two other property owners on this private road have been granted.
The staff recommended a site visit.On a motion made by Mr.Byers,seconded
by Mr.Roulette,the Commission voted to approve the variance as requested.
So ordered.
Subdivisions:
Tranquility,Inc.(Subdivision,Site Plan,Variance Request):
Mr.Goodrich presented to the Commission a request for preliminary and final
plat approval for subdivision of 3.763 acres from the original 4.750 acre
parcel located on the south side of Maugans Avenue.He also submitted a
site plan for Tranquility,Inc.who proposes to build a family style
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Tranquility,Inc.Continued:
restaurant on this site currently zoned HI.The parcel is served by both
public water and sewer and has meet with all reviewing agencies
requirements.Mr.Goodrich also presented two variance requests from
Section 405.1 (k),to dedicate 10 feet less than the required minimum 40'of
future right-of-way.The County Engineer has commented that there is no
objection to reduction in required right-of-way.The second variance is
from the 300 foot separation requirement of the Highway Plan.On a motion
made by Mr.Roulette,seconded by Mr.Byers,the Cormnission voted to approve
the two variance requests as sutmitted.So ordered.On a motion made by
Mr.Byers,seconded by Mr.Zombro,the Cormnission voted to grant preliminary
and final approval for the subdivision.So ordered.On a motion made by
Mr.Zombro,seconded by Mr.Barnhart,the Cormnission voted to grant site
plan approval.So ordered.
Alexander P.Schreiber (with Spicher's Site Plan):
Mr.Lung presented to the Commission a 12,000 sq.ft.single lot subdivision
of the lands of Alexander P.Schreiber to be added to the existing holdings
of Spicher's Appliances Inc.for the purpose of expansion of a proposed
appliance sales and warehouse structure,currently the site of an existing
Exxon Service Station.Mr.Lung cormnented that the proposed structure
infringes on the existing sewer easement and that the Washington County
Sanitary District is requiring a "Deed of Partial Release of Easement".Mr.
Lung also presented a revised site plan for Spicher's Appliances to show a
proposed 4,900 square foot addition to the originally proposed building.No
additional changes to the site plan previously approved by the Planning
Commission in August,1985 are required.All agency approvals have been
received with the exception of the Fire Marshall.On a motion made by Mr.
Zombro,seconded by Mr.Byers,the Cormnission voted to grant approval of the
subdivision platfor Alexander P.Schreiber.On a motion made by Mr.Zombro,
seconded by Mr.Byers,the Cormnission voted to grant staff approval of the
revised Spicher's Appliance site plan subject to all agency approvals.So
ordered.
Sherry Glenn--3 Lots:
Miss Kelly presented to the Commission a request for preliminary and final
plat approval for a single lot subdivision consisting of approximately 2.73
acres,located on Dargan School Road.The Board of Zoning Appeals has
previously granted two variances from the Zoning Ordinance to allow for the
creation of two lots without the required three acre lot area.All
reviewing agency approvals have been received.On a motion made by Mr.
Byers,seconded by Mr.Zombro,the Cormnission voted to grant preliminary and
final approval.So ordered.
Ronald Forsyth--Plat Recordation:
Mr.Hawbaker simply stated to the Cormnission that Mr.Forsyth had failed to
have his plat recorded within the two year period and that he is asking for
the Cormnission to re-approve the subdivision plat previously approved in
September,1983.On a motion made by Mr.Byers,seconded by Mr.Zombro,the
Commission voted to grant an additional 2 year recordation period.So
ordered.
OTHER BUSINESS:
Michael Massih Subdivision:
Mr.Hawbaker brought this plat before the Cormnission to determine whether it
should be presented in a simplified format or a development plat format.
Mr.Massih proposes to subdivide a 17 1/2 acre parcel,currently zoned
Conservation,into two separate parcels.The prospective buyer of the 10
acre tract has agreed that the parcel will not be developed,and that should
he decide in the future to develop the land,he will have to come before the
Planning Commission in accordance with the provisions of the existing
Subdivision Ordinance.General concensus of the Cormnission is that it
should be submitted as a simplified plat.
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ADDITION 1D THE AGENDA:
Tilghmanton Heights:
Mr.Teach,Consultant for the Tilghmanton Heights subdivision requested a
90-day extent ion in order to test the last well on the site.On a motion
made by Mr.Roulette,seconded by Mr.Barnhart,the Commission granted the
extention.So ordered.
Preliminary Consultations:
Homewood-Phase V:
Mr.Goodrich stated that a Preliminary Consultation was held on January 9,
1986,to discuss the site plan for Homewood Retirement Community,Phase 5,
Scheme A,consisting of 32 cottages in seven structures and one 60 unit
apartment building,located south of U.S.Route 11 and north of Governor
Lane Boulevard.Mr.Frederick,Consultant for Homewood,stated that they
would be going before the Board of County Commissioners to ask that Daub
Road be abandoned and also reiterated to the Commission future plans for
Homewood.No action was necessary.
OTHER BUSINESS:
Washington County Hospital Association:
William J.Teach,Consultant for the Washington County Hospital Association
has submitted a concept plan for preliminary review by the Planning
Commission.Mr.Teach requested that the Commission review the screening
"requirements outlined in Section 17.7 (c)of the Zoning Ordinance which
gives the Commission the authority to require 6'high screening along
property lines adjoining residential areas.The County Engineer did not
feel that a 6'high screen would be appropriate along the boundary with Oak
Hill Avenue extended due to sight distance problems which it would create
for cars using the site.The Planning Commission staff recommended that the
developer provide some type of vegetative screening and additional
landscaping along the Oak Hill Avenue property line that won't prohibit
sight distance and will improve the aesthetics of the area facing the
proposed residences to the west.The staff also recommended that additional
trees be added along the northern property line.By concensus the
Commission requested that the developer provide additional landscaping plus
an earthen mound with ground cover vegetation along Oak Hill Avenue in lieu
of 6'high screening so as not to restrict sight distance.Mr.Teach also
expressed his concern that the State Highway Administration will not review
the site plan with the proposed access onto Route 60 until the Planning
Commission states its position on the access location.During the
Preliminary Consultation for the project,the County Engineer stated that he
felt that there should be an access point for the proposed offices onto
Route 60 to reduce the traffic flow that would be generated into the
residential area off of Oak Hill Avenue.The State Highway Administration
stated that an access point onto Route 60 would create a safety hazard and
would only amplify an existing problem in that area.The Planning
Commission stated that it agrees with the SHA that there should not be an
access onto Route 60 due to the safety hazard that it would present.On a
motion made by Mr.Barnhart,seconded by Mr.Byers,the Commission voted
that the access onto Route 60 be removed from the concept plan.So ordered.
NEW BUSINESS:
Preliminary Consultations:
Knights Inn Motel,State Line Motel/Econo Lodge,Sally ShepleyjRobert
Carpenter:
These consultations were for information purposes only.No action was
necessary.
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OTHER BUSINESS:
Durbans Junk Yard:
Mr.Prodonovich stated to the commission that 16 people had been notified
forr violations,10 have complied with the requirements set forth by the
commission,2 haven't submitted any plans to date,and 2 haven't complied at
this time,the latter two being Grimm's Junk Yard and Durban's Junk Yard.
Mr.Prodonovich stated that he had some reservations about the screening
plan when submitted and upon inspection of the site on January 7th,they
were still in violation of the Ordinance.Mr.Prodonovich stated that
screening that was done was totally inadequate and he plans to cite
violations in Court as of February 5th.The Commission concurred with Mr.
Prodonovich's proposed action.
Smithsburg and Boonsboro Town Growth Areas:
Mr.Hawbaker stated to the Commission that he,Tim Lung,and Mr.Wolford
have been attending the Boonsboro Town Growth meetings,and that he felt
within the next two meetings things should be completed.Mr.Hawbaker feels
after thay they should be ready to make their presentation to the Planning
Commission and the County Commissioners.Mr.Goodrich stated that he felt
that Smithsburg could also be completed within the next two meetings.Mr.
Wolford stated that there seemed to be a large concern over the financial
cost of improvements need for the Town Growth Areas.No action was
necessary.
Landfill StudY Update:
Mr.Hawbaker stated to the Commission that the initial presentation has been
made to the County Commissioners on the findings for new landfill sites.
Mr.Hawbaker also stated that he and Mr.Goodrich are working on more
detailed recommendations and specific findings for the report.No action
was necessary.
Rezoning Text Amendments:
Mr.Hawbaker presented to the Commission a rezoning text amendment for the
next Public Hearing to be held on March 10.This amendment would amend the
Subdivision Ordinance in Section 4.11 for Site Plan Requirements.This
would require a site plan to be submitted for construction of new
educational facilities.General concensus of the Commission is that this
should be advertised for the next Public Hearing.
Conditional Zoning Opinion:
Mr.Hawbaker stated to the Commission that he had been asked by the Board of
County Comnissioners to amend the Zoning Ordinance Text to breakout
professional and business office uses from other permitted uses in a BL
Zoning District.After much discussion,the Commission determined that more
study is needed in this area before it can propose an amendment to the
Ordinance.The Commission felt that if it was practical to break this out
of the BL District,then possibly it might be feasible to do the same in
other zoning district as well.The Commission asked Mr.Hawbaker to begin
research on this matter for the Commission's action in time for the pUblic
hearing in June.
Election of Commission Chairman:
Effective as of February 24th,Mr.Wolford will end his term with the
Planning Commission.Mr.Wolford has asked in his letter to the Board of
County Commissioners that he not be reappointed to the Planning Commission.
On a motion by Mr.Barnhart,Mr.Byers was nominated for the office of
Chairman to the Planning Commission.The motion was seconded by Mr.
Zombro.So ordered.
On a motion by Mr.Zombro,seconded by Mr.Byers,Mr.Barnhart was nominated
for the office of Vice-Chairman.So ordered.
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1986 Work Program:
Mr.Hawbaker stated to the Commission that he felt there needed to be a
special meeting held to discuss the 1986 Work Program.The Commission
decided to hold this meeting on February 18th at 9:30 at the Planning
Commission Office.
Resolution of Appreciation:
Mr.Byers moved to adopt a Resolution of Appreciation to William E.Wolford,
Jr.,previous Chairman of the Planning Commission as follows:
WHEREAS,William E.Wolford,Jr.,has served as Chairman of the Washington
County Planning Commission since July 1980,as a member of the Commission
since September 1977,and previously served as a member of the Planning
Advisory Board from December 1972 and as its Chairman from January 1974,and
WHEREAS,Mr.Wolford's term as Chairman of the Commiss ion was characterized
by dedicated leadership,unselfish devotion to his responsibilities,and
diplomatic guidance and direction in the affairs of the Commission,and
WHEREAS,Mr.Wolford's presence has had a positive influence on the
Commission,its public image,and its service to the citizens of Washington
County,
NOW,THEREFORE,BE IT RESOLVED,that the Washington County Planning
Commission give formal expression of their sincere appreciation and grateful
recognition to William E.Wolford,Jr.,for the years of service he has
given to the Commission with singular dedication,committment and
_faithfulness,and that a copy of this Resolution be forwarded to the Board
of County Commissioners of Washington County,Maryland.
Mr.Byers indicated that he would like to move the passage of this
Resolution be adopted.The motion was seconded by Mr.Zombro and
unanimously adopted.
There being no further business the meeting was adjourned at 10:00 P.M.
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WASHING'IDN COUNTY PlANNING COMMISSION
SPECIAL MEETING OF FEBRUARY 18,1986
The Washington County Planning held a special meeting on February 18,1986,
at 9:30 a.m.,in the third floor conference room of the County Office
Building for the purpose of discussing the 1986 Work Program.
Present were:Chairman,Jack B.Byers;Michael D.Barnhart,William E.
Wolford,Jr.;Judith A.Acord.Staff:Jack S.Hawbaker,Executive
Director;Stephen T.Goodrich,Senior Planner;Timothy A.Lung,Associate
Planner;William V.Stachoviak,Parks Planner;Lisa A.Kelly,Assistant
Planner;Christene K.Wachter,Secretary.
Absent were:Richard E.Roulette;Donald E.Zombro;Dr.Ray Johns.
Mr.Byers called the meeting to order at 9:40 a.m.
At this time Mr.Hawbaker explained the workings of the program to the
members of the Commission and also gave a brief rundown of the programs
completed from last year's Work Program.Those programs that have been
completed are as follows:
1.Urban Growth Area Study
2.PUD
3.AgriCUltural Lands Study Mapping
4.Mineral Extraction
5.Educational Facilities/Site Plan
Mr.Hawbaker explained that the Town Growth Area studies are currently being
worked on by the Staff.Mr.Hawbaker and Mr.Lung are working on Boonsboro
and Mr.Goodrich is working on Smithsburg.When these are completed then
they will begin work on Hancock and Clear Spring.Mr.Hawbaker stated that
they hope to be completed by the end of this year.
Mr.Hawbaker stated that the Highway Interchange Study,Agricultural
Preservation Policies and Rural Development are probably the most important
programs to be looked at and should be placed as a high priori ty on the Work
Program.There was some discussion as to the Land Use Study and what was
needed to complete this.Mr.Barnhart felt that aerial photos might be
useful.Mr.Goodrich said that updated land use maps were forthcoming from
the Department of State Planning sometime during the end of the month.
Mr.Hawbaker also brought up the subject of the Transportation/pedestrian
Systems that was on last years Work Program.He stated that the
Comprehensive Plan states that the Comnission is to work out strategy for
implementing pedestrian systems in new subdivision.He stated that this
subject needs some discussion.He also felt the Commission should discuss
the Water Supply Study which is also part of the Comprehensive Plan and
states that the Commission should implement some procedures for review of
all types of development that is in the vicinity of the SmithsburgjEdgemont
Water Shed.Mr.Hawbaker stated that there isn't alot of development
occurring up there,but what is being developed has no unified control.Mr.
Hawbaker stated that he felt it was just simply a matter of sitting down
with the Hagerstown Water Department and asking them what sort of procedures
should be involved.
The Commission then discussed the two areas that Mr.Hawbaker felt needed
the most attention:Agricultural Preservation Policies,and Rural
Development.Mr.Hawbaker explained that in the Comprehensive Plan it
states that heavy development should be discouraged in the rural areas with
one way being to limit residential development on farm lands.Mr.Byers
stated that he felt that rather than deny development in the rural areas
that we should be encouraging more development in the urban areas by giving
people advantages to build in the urban area.Mr.Hawbaker stated that no
work had really been done on either the Agricultural Preservation Policies
or the Rural Development programs.General concensus of the Comnission was
that they should be left on the 1986 Work Program and should be place as a
high priority.
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The Commission then discussed the Industrial DevelopmentjHighway Interchange
Study Program also listed on the 1986 Work Program.Mr.Byers felt that
residential development in a highway interchange area is not a good idea and
that possibly the Zoning Ordinance should be studied and a change be made to
reflect this.Mr.Byers stated that it should be an area of support for the
interstate.General concensus of the Commission is that this is a much
higher priority than rural development and should be placed on the Work
Program as such.
The Water Supply Study was then discussed with some confusion as to exactly
what the study involved.It was agreed that the name of the program be
changed to Water Shed Policy Study to eliminate this confusion.Mr.
Hawbaker reiterated that it simply is a matter of getting with the
Hagerstown Water Department to find out their comments as far as the
Smithsburg,IEdgemont Water Shed is concerned.General concensus is that a
study is not needed,but that a meeting with the Hagerstown Water Department
to find out what they take into consideration when they do their review.
The next topic of discussion was the Transportation Plan.Mr.Hawbaker
stated that this program has to be completed annually and that Mr.
Stachoviak will be working on the program this year with a completion date
of June 30.
Mr.Hawbaker stated that he has been given a separate work schedule for the
Parks and Open Space program by Mr.Stachoviak.Mr.Stachoviak then briefly
gave some of the areas he will be working on.The first being the Land
Preservation Recreation Plan update of the original parks plan,
Conococheague Creek access point,and to develop a parks needs catalogue.
"Mr.Hawbaker stated to the Commission that the periodic weighing information
collected under the Landfill Data Collection had been given to the County
Commissioners.
Mr.Hawbaker stated that the Erosion and Sediment Control program will not
be added to this year's Work Program.
Mr.Hawbaker stated that the Capital Improvements Program has to be done
annually as well as the Annual Report,and that he hopes to have a copy of
the latter ready by the next Planning Commission meeting.
The next topic for discussion was the Site Plan ReviewjMulti-Lot
Subdivision.The Commission felt that the name should be changed to read
Site Plan Review and Subdivision Review.This work is done by the Staff
every day.
The Water and Sewerage Plan has to be done every two years.Mr.Gcodrich
stated that currently we are behind schedule due to the loss of several
staff members.Mr.Gcodrich said that he hopes to have this completed
within the next couple of months.
Mr.Hawbaker stated that the Information Systems Program does not need to be
added to the 1986 Work Program.
The next program for consideration was the Agricultural Land Preservation
program.Mr.Goodrich is involved with this program daily and more so when
applications come in for consideration.
Mr.Hawbaker stated that the TransportationjPedestrian Systems needed some
attention,but that this was not a high priority program.
Mr.Gcodrich asked the Commission for its decision as to whether the
Historic Preservation Committee should be added to the 1986 Work Program.
Mr.Gcodrich has been appointed to this committee which will advise the
County Commissioners as to the requirements for getting some available money
from the State.It was agreed to add this to the Work Program.
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Mr.Byers raised some questions as to the sewer treatment at Halfway and if
the Commission was directly involved in the decisions.After some
discussion,it was decided that this subject will be put on the next
Planning Commission agenda for the March meeting and to hold a discussion
when Mr.Roulette will be present.
The meeting was adjourned at 11:30 a.m.
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF MARCH 3,1986
The Washington County Planning Commission held its regular meeting on March
3,1986,at 7:00 p.m.,in the second floor conference room of the County
Office Building.
Present were:Chairman,Jack B.Byers;Michael D.Barnhart;Judith A.
Acord;Richard E.Roulette;Bertrand L.Iseminger.Staff:Jack S.Hawbaker,
Executive Director:Stephen T.Goodrich,Senior Planner;Lisa A.Kelly,
Assistant Planner;Christene K.Wachter,Secretary.Absent were:Dr.Ray
Johns;Donald E.Zombro.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
MINUTES:
At the request of Chairman Byers,the Minutes of February 3,1986,were
amended under Lester Fant to state,"•••to make prospective property owners
aware •••"and also under Durbans Junk Yard to state,"•••and he plans to
cite violations •••"The Minutes were then approved and adopted as amended
on a motion by Mr.Barnhart,seconded by Ms.Acord.So ordered.
At the request of Chairman Byers,the Minutes of the Special Meeting of
February 18,1986,were amended to change 1987 Work Program to 1986 Work
Program through its entirety.The Minutes were then approved and adopted as
amended on a motion by Mr.Barnhart,seconded by Mr.Iseminger.So ordered.
NEW BUSINESS:
Variance Requests Under Section 107:
Kenneth A.Bousley:
Miss Kelly presented to the Commission a variance request from Section
405.11 (B),which states that new lots shall have a minimum of 25 feet of
public road frontage.The lots in question are located on the south side of
Maryland Route 63,1000'southwest of Spielman,Maryland.Mr.Bousley
proposes to create five new lots without pUblic road frontage,with access
to be provided by a private right-of4Nay.Miss Kelly stated that the Staff
recommends disapproval of this variance due to it not meeting Subdivision
Ordinance requirements.It also proposes a traffic hazard if the lots Mr.
Bousley plans to subdivide are again subdivided at a later date.The
Commission voted on a motion made by Mr.Barnhart,seconded by Mr.Roulette
to disapprove the variance request as submitted and that this disapproval
does not mean that the applicant can not resubmit a variance in the future.
So ordered.
Daniel L.Reed:
Mr.Goodrich presented to the Commission a variance request from Section
405.11 (B),which requires that a panhandle have a uniform width of 25 feet
from the public road to the body of the lot.This 22 acre lot is located on
the east side of Garrison Hollow Road,and Mr.Myers is proposing to create
a panhandle that does not have the required uniform 25 foot width.Mr.
Myers stated to the Commission that he has spoken with the owner and that
the owner is not willing to give up any more acreage to make the required 25
feet of uniform width.Mr.Goodrich stated that the Staff is recommending
disapproval based on the fact that there is no apparent hardship.The
Commission voted on a motion made by Mr.Barnhart,seconded by Mr.Roulette
to disapprove the variance request as submitted based on the fact that no
hardship has been proven.So ordered.
Robert W.Demmitt -Plat Recordation:
Mr.Hawbaker informed the Commission that Mr.Demmitt had failed to have his
plat recorded within the two year period and that he is asking for the
Commission to re-approve the subdivision plat previously approved in
January,1983.The Commission voted on a motion made by Mr.Barnhart,
seconded by Ms.Acord to grant a 30 day extension for the recording of this
plat,at which time if the owner fails to have it recorded he will have to
resubmit the plat for agency approvals.So ordered.
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Frank Mathis -Plat Recordation:
Mr.Goodrich stated that Mr.Mathis had failed to have his plat recorded
within the two year period and that he is asking for the Commission to re-
approve the subdivision plat previously approved in March,1983.The
Cormnission voted on a motion made by Mr.Roulette,seconded by Mr.Iseminger
to grant a 30 day extension for the recording of the plat.So ordered.
Subdivisions:
Rowland Brandenburg:
Mr.Goodrich presented to the Commission a one-lot residential subdivision
of .92 acres and parcel A to be conveyed by the "simplified"plat process to
the existing Harold R.Walters lot.Mr.Goodrich stated that approvals have
been received from the Health Department and the County Engineer.State
Highway Administration has also responded with the stipulation that a
Residential Entran~~Permit be obtained prior to building permit approval.
Mr.Goodrich stated that the staff recommends a preliminary consultation
prior to further subdivision of the remaining property.The Cormnission
voted on a motion made by Mr.Barnhart,seconded by Mr.Roulette to grant
preliminary and final plat approval with the stipulation that prior to any
further development of the remaining lands a concept plan be submitted
through the preliminary consultation process.So ordered.
Rocky Spring Acres,Sec.A,Phase 2:
Mr.Goodrich presented to the Commission a continuation of the 17 lot
development started in 1983,located on the east side of Alternate U.S.Rt.
40,Section A-2 includes an additional 8 lots from the remaining 152.40
acres with each lot having its own well and septic system.Mr.Goodrich
stated that approvals have been received from the Health Department and the
County Engineer.The Commission voted on a motion made by Mr.Roulette,
seconded by Mr.Barnhart to grant preliminary approval.So ordered.
The Martin Company:
Mr.Goodrich presented to the Cormnission a request for preliminary and final
subdivision plat approval for subdivision of 4.95 acres located at the
intersection of Maugans Avenue and U.S.11.Mr.Martin proposes to create 3
parcels with parcel 1 being the site of Nova Design Associates.No plans
for development have been proposed for parcels 2 and 3.Mr.Goodrich stated
that the Engineering Department will not grant access from parcel 3 to
Maugans Avenue and that they also advised of existing drainage problems in
the area.Mr.Goodrich also made the following recormnendations:l.
Conditions of approved site plan for Nova Design Associates be complied
with,i.e.planting of trees and blocking of entrance onto U.S.11.Permits
and Inspections should be notified to make sure these things are complied
with.2.Notes be added to the plat to indicate that any future site
development will require site plan approval.3.Any access onto U.S.11
from Parcels 1 and 2 need State Highway Administration approval first.4.
That a variance request for dedication of right-of-way be granted.The
cormnission voted on a motion made by Mr.Roulette,seconded by Mr.Barnhart
to grant preliminary and final approval with the conditions as stated by Mr.
Goodrich.So ordered.The Cormnission voted on a motion made by Mr.
Roulette,seconded by Mr.Barnhart to grant the variance from the 50'
dedication of future right-of-way on lot #1.So ordered.
Jeter Paving Company -With Site Plan:
Mr.Goodrich presented to the Commission a request for preliminary plat and
site plan approval.Mr.Jeter proposes to establish a contractor's
equipment repair and storage building.Mr.Goodrich stated that this use
has been approved by the Board of Zoning Appeals and that they requested
that the trees planted around the edge of property be maintained upon
development.Mr.Goodrich stated that there is an on-site well and septic
system,and that approvals have been received from the two reviewing
agencies,the Health Department and County Engineer.The Cormnission voted
on a motion made by Mr.Barnhart,seconded by Ms.Acord to grant preliminary
plat approval.So ordered.The Cormnission voted on a motion made by Mr.
Barnhart,seconded by Mr.Roulette to grant site plan approval.So ordered.
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Site Plans:
Martin Marietta:
Mr.Goodrich presented to the Commission a site plan for Martin Marietta
located near the Pinesburg Quarry.Martin Marietta proposes to expand their
existing 65 acre facility,currently in operation,to a total of 176 acres
under permit.Mr.Goodrich stated that they have met all information
requirements of the Zoning Ordinance and that all agencies have responded to
the Permits &Inspections Office.The Commission voted on a motion mad~by
Mr.Roulette,seconded by As.Acord to grant site plan approval.So '
ordered.
OTHER BUSINESS:
Agricultural District Application for LuRose Estates:
Mr.Goodrich presented to the Commission an application for an Agricultural
Preservation District submitted by Carl and Lucille Rosenberry -LuRose
Estates,Inc.Mr.Goodrich stated that this is a 129 acre farm located on
the east side of Marsh Pike and that the property is engaged in crop
production and the raising of beef cattle.Mr.Goodrich stated that there
are no Class 1 soils present on the property,and are 100%of the soils are
in Class 2 and 3.Mr.Goodrich also stated that the proposed district is
outside the boundary of the Urban Growth Area.Mr.Goodrich also stated for
the Commissions information,that there are two historic sites listed on the
National Register located nearby.Mr.Roulette expressed his concern over
the legal status of the access road,and suggested the County Attorney
review of the situtation.It was decided that this could be addressed when
"the application was brought before the County Commissioners for their
approval.The Commission voted on a motion made by Mr.Barnhart,seconded
by Mr.Iseminger to recommend to the County Commissioners that the
application for LuRose Estates be submitted for inclusion an Agricultural
Preservation District because it does not conflict with the Comprehensive
Plan.Mr.Roulette abstained pending review by the County Commissioners.
So ordered.
Smi thsburg and Boonsboro Town Growth Areas:
Mr.Hawbaker brought the Commission up to date on the progress of the
Boonsboro Town Growth Meetings.Mr.Hawbaker stated that the last meeting
is scheduled for March 4th,and they will set a date to make their
recommendations to the various commissions.Mr.Goodrich also stated that
the Smithsburg Town Growth Committee will hold their last meeting on March
11th and they also will be setting a date to make their recommendations.No
action necessary.
1986 Work Program:
Mr.Hawbaker presented the 1986 Work Program to the Commission and asked for
its endorsement of the Program which will then be presented to the Board of
County Commissioners along with the Annual Report.The Commission voted on
a motion made by Mr.Barnhart,seconded by Ms.Acord to accept the Work
Program as submitted.So ordered.
FY 1987 Budget:
Mr.Hawbaker presented the Budget for departmental expenditures to the
Commission for its approval.The Commission voted on a motion made by Mr.
Barnhart,seconded by Ms.Acord to endorse the budget as proposed.Mr.
Roulette abstained pending review by the County Commissioners.So ordered.
Sewerage Treatment Facilities -Halfway:
Mr.Hawbaker stated that during the special meeting of February 18,1986,a
question was raised by Mr.Byers as to the capacity of the sewerage
treatment facility located in Halfway and if there was any work being done
to study this problem.It was decided at that time this should be added to
the agenda for discussion.Mr.Roulette stated that the estimated date of
the facility to reach its capacity is 1990,and the facility in Williamsport
is not expandable.Mr.Roulette also stated that the Sanitary District is
in the process of analyzing future sites.No action necessary.
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Chairman Byers reminded the Commission that the Rezoning Public Hearing
scheduled for March 10,1986,has been changed to March 18,1986 at 10:30
a.m.to be held in conjunction with the County Commissioners meeting.
Mr.Roulette asked if any work had been done to breakout professional and
business office uses from other permitted uses in the BL Zoning District.
Mr.Hawbaker stated that the Commission had decided at a previous Planning
Commission meeting to delay this presentation until the June Rezoning
Hearing due to the fact that additional research needed to be done and there
wasn't enough preparation time for the March Hearing.
There being no further business the meeting was adjourned at 9:20 p.m.
Executive Session followed.
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WASHING1DN COUNTY PLANNING COMMISSION
REGULAR MEETING OF APRIL 7,1986
The Washington County Planning Commission held its regular meeting on
April 7,1986 at 7:00 p.m.in the second floor conference room of the County
Office Building.
Present were:Chairman,Jack B.Byers,Michael D.Barnhart,Judith A.
Acord,Richard E.Roulette,Bertrand L.Iseminger.Staff:Jack S.
Hawbaker,Executive Director,Stephen T.Goodrich,Senior Planner,Timothy
A.Lung,Associate Planner,Lisa A.Kelly,Assistant Planner,Carol A.
Miller,Secretary.Absent were:Dr.Ray Johns,Donald E.Zornbro.
CALL 'IO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
MINUTES:
The Minutes of the Regular Meeting held on March 3,1986 were approved as
received on a motion by Mr.Iseminger,seconded by Ms.Acord.So ordered.
NEW BUSINESS:
Variance Requests Under Section 107:
Gary Pearson:
Miss Kelly presented a variance request from Section 405.11(B)which states
that new lots shall have a minimum of 25 feet of public road frontage.The
lots in question are located on the north side of Garretts Mill Road,
_approximately .4 miles west of Maryland Route 67.Mr.Pearson proposes to
create three new lots without the required public road frontage,with access
to be provided by a private right of way.The existing Pearson parcel has
approximately 40 feet of road frontage on Garretts Mill Road via a farm
lane.The proposed parcels are approximately 300 to 600 feet from the
public road.A private right of way will be created and will connect with
the already existing lane for the purpose of ingress and egress to the
proposed parcels.The Commission voted on a motion made by Mr.Roulette and
seconded by Mr.Iseminger to approve the variance request as submitted based
on the hardship which may result from strict compliance with the Subdivision
Ordinance.So ordered.
John Cutrell:
Miss Kelly presented variance request from Section 405.11(B)which states
that new lots shall have a minimum of 25 feet of public road frontage.The
lot in question is located on the southwest side of Trego Road,
approximately .5 miles west of Maryland Route 67.Mr.Cutrell proposes to
create a lot that has less than the 25 feet of'road frontage required.Mr.
Cutrell is seeking to subdivide his 17 acre parcel into three sections with
one of these being added to an adjacent lot and the other two becoming
individual lots.Both proposed Lot 2 and 2A will have access to the public
road via panhandles.Lot 2A,however,has only 15 feet of frontage which is
10 feet less than the required amount.Usable public road frontage is not
available to the west,south,and north due to the presence of single family
homes and farmland.The Commission voted on a motion made by Mr.Barnhart
and seconded by Mr.Roulette to approve the variance request as submitted
based on the hardship which may result from strict compliance with the
Subdivision Ordinance.So ordered.
James and Marion Johnson:
Mr.Lung presented a request from James and Marion Johnson for a variance
from Section 405.11(B)of the Subdivision Ordinance which states that new
lots shall have a minimum of 25 feet of public road frontage.The Johnson's
property is located on the south side of U.S.Route 40 West near the
intersection of Spickler Road.Mr.and Mrs.Johnson propose to create a new
lot having access to U.S.Route 40 by means of a private right of way.The
proposed four acre lot is to be conveyed to Emily Woodcock,niece of Mr.and
Mrs.Johnsc;m,who is not considered an immediate family member by the
Subdivision Ordinance.The private lane over which this lot is to have
access currently serves three dwellings,all owned by the Johnsons.A
variance was granted by the Planning Commission on October 1,1984 to create
Parcel C without public road frontage and with access by means of the above-
referenced private lane.Parcel C was approved for agricultural purposes
only.In response to a question by Mr.Roulette,Mrs.Johnson indicated
that they do not intend to further subdivide any of the property.The
281
282 Canmission voted on a motion made by Mr.Roulette and seconded by Ms.Acord
to approve the variance request as submitted based on the unreasonable
hardship which may result from strict compliance with the Subdivision
Ordinance.So ordered.
Subdivisions and Site Plans:
Sheetz Store/H.Manny Holtz Inc.(Subdivision,site Plan,Variance Request):
Mr.Goodrich presented a request for preliminary plat and site plan approval
for subdivision of .77 acres from the original 1.23 acre parcel at the
corner of Virginia Avenue (U.S.Route 11)and Marbern Road and development
of a Sheetz convenience store.The site was recently rezoned BL.The plat
and site plan have been approved by all reviewing agencies except the State
Highway Administration which is currently conducting a detailed review of
the area and has asked that approval not be granted until such time as the
review is completed.Mr.Goodrich stated that the Staff could be given the
authority to approve the subdivision after a positive response is received
from the State Highway Administration.
In addition to the application for subdivision and a site plan,the
applicant requested,through his consultant,a variance from the right of
way requirement of 50 feet from the centerline of U.S.Route 11,the
standard for dedication on a Minor Arterial.The reason for the request is
the planned location of the gas pump island.The front property line is now
33 feet from centerline,and an additional 17 feet dedication is needed for
the 50 feet.The applicant is requesting permission to dedicate an
additional 5 feet for a total of 38 feet from centerline.
The Canmission voted on a motion made by Mr.Barnhart and seconded by Mr.
Iseminger to approve the variance request.So ordered.
Regarding the preliminary plat and site plan,however,the Canmission
requested that the consultant address the issue of pedestrian and vehicular
traffic as it affects school age children and that it be presented at next
month's meeting with either a resolution or recorrmendation to the issue.It
was also noted that the State Highway Administration's response should be
available by the next meeting.The Canmission deferred action on the plat
and site plan with instructions to the Staff to coordinate between the
consultant,the State Highway Administration,and the Board of Education,
and return their findings to the Canmission at the May meeting.
Knights Inn:
Mr.Lung presented a site plan for Knights Inn Motel to be located on a 5.27
acre site on the southeast corner of Halfway and Massey Boulevards.Access
to the site is by a single access onto Massey Boulevard across from the
Valley Mall entrance near J.C.Penney.There will be three buildings with
a total of 104 rental units and 110 parking spaces.A Preliminary
Consultation was held to discuss the project on December 30,1985.Mr.Lung
advised that all agencies have sent their approvals to the Permits and
Inspections Office with the exception of the City Water Department,which is
requesting a minor relocation of the water lines,and the Washington County
Soil Conservation District,which is requiring a certificate signed by the
developer and a construction sequence.Mr.Lung suggested that the Planning
Commission require the consultant to remove any reference to the unused
portion of the site which was termed "out parcel"on the plan in order that
there be no confusion in the future.Mr.Lung also requested that the
Planning Commission require the developer to designate two of the parking
spaces near the motel office as short term parking for registration only to
avoid traffic congestion in the office area.Mr.Lung noted that no
information was provided on the site plan as to the size,location and
design of signs and that this information is required by the Zoning
Ordinance.He further suggested that the Commission give the Staff
authority to approve the site plan once the requested changes have been made
and the outstanding approvals received.Paul Holbrook of Davis,Renn &
Shrader,Inc.indicated that the term "out parcel"was an in-house term used
by the developer regarding the planning and design of the site and that
there was no intention to subdivide at this time.He said they will remove
the reference from the site plan.He further advised that the Soil
Conservation District's comments were being complied with.Mr.Holbrook
also explained that the developer intends to erect a 35 foot high sign in
the northwest corner of the site and that this information would be placed
on the plan.The Commission voted that the site plan be revised and
resubmitted for Staff approval;motion made by Mr.Barnhart and seconded by
Mr.Roulette.So ordered.
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American Convenience Store:
Mr.Goodrich presented a site plan for American Convenience Store located on
a 1.42 acre tract on the west side of Maryland Route 65 north of 1-70.
Currently located on the tract is an abandoned Mobile gas station which the
developer intends to remove in order to construct a new building.The
existing macadam will be retained and marked for parking on either side of
the building,for a total of 16 spaces.Mr.Goodrich advised that the site
is served by public water as well as an on-site sewerage disposal system.
He said,however,that the Health Department is requiring that there be some
improvement to the sewerage system before it approves the plan.The
conditions stipulated by the Health Department are listed in a letter to the
owner.Mr.Goodrich advised that the two points of access on to Route 65
will be retained.He said that the Staff is recommending that the
landscaping in the islands at the front of the property be retained and
trimmed or replaced so that site distance will meet the State Highway
Administration's approval requirements.Mr.Goodrich said that the only
other Staff recommendation is that low intensity building-mounted lights be
added to the rear of the building for the parking areas.with the exception
of the aforementioned items,Mr.Goodrich advised that all other agencies
have approved the plan.Mr.Hawbaker suggested that the site plan be
approved so that the corrections to the sewerage disposal system can be made
prior to a use and occupancy permit being issued.The Commission voted on a
motion made by Mr.Roulette,seconded by Mr.Barnhart to approve the site
plan contingent on the Health Department's requirements being met and
addition of the lighting to the site plan.So ordered.
Murray Enterprises:
Mr.Lung presented a site plan for Murray Enterprises located on a 2.68 acre
tract on the west side of Mason and Dixon Lane for the purpose of the
storage and distribution of wholesale poultry.He said the existing
building will house the new business and that the plan meets all of the
requirements of the Zoning and Subdivision Ordinances.He said that there
is an existing buffer of evergreen trees along the south and west property
line which is sufficient screening for the adjacent residences.He
suggested that the Planning Commission require the developer to replace
approximately two of the evergreen trees which have died.Mr.Lung also
advised that approvals from all of the reviewing agencies have been received
by the Permits and Inspections Office and that Mr.Murray was requesting
site plan approval.The Commission voted on a motion made by Mr.Barnhart,
seconded by Mr.Iseminger to approve the site plan.So ordered.
pizzaco of Maryland/Color Tile:
Mr.Goodrich presented a revised site plan for pizzaco of Maryland,located
on 3.95 acres at the intersection of Massey Boulevard and Railway Lane,for
a retail floor products store called Color Tile.He said that the plan as
approved in October 1985 identified Pizza Hut as Phase 1 along with the
conceptual siting of a motel.Mr.Goodrich advised that the site is served
by public water and sewer and said there is to be an extensive parking area
of 196 spaces for the entire project.Approvals have been received from all
reviewing agencies and the developer is seeking site plan approval for the
revision.The Commission voted on a motion made by Mr.Roulette,seconded
by Ms.Acord to approve the site plan.So ordered.
OTHER BUSINESS:
JUnkyard Status:
Mr.Prodonovich brought the Commission up to date on the status of Durbin's
and Grimm's Junk Yards,both of which are owned by Elwood Grimm.He pointed
out that the Commission had previously approved plans for screening those
sites in accordance with the Junk Yard Ordinance and that,to date,neither
site has complied.He advised that April 7 was the last day for work to be
completed and that charges were filed in the District Court against Elwood
Grimm for his non-compliance at the Durbin site.
Consultant Gerald Cump presented to the Commission a new plan for screening
each of the two sites.Concerning Durbin's,he is proposing a six foot high
earth berm along Broadfording Road which will be planted with grass seed and
forsythia bUShes,and an eight foot high vision-proof oak fence along Route
63.Concerning Grimm's,he is proposing a two to eight foot berm along the
entire north side or front of the site which will be planted with fast-
growing evergreen trees.The estimated time of completion for both is sixty
days (June 1986).
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284 At this point,Donna Miller,acting as power of attorney for Elwood Grimm,
advised the Commissiqn that Mr.Grimm .is due to be released fro~prison in
JU~y,and·she believed theprqposals could be ac~lished more efficiently
once he has been released.It was for this reason that she was seeking
extra time beyond the proposed sixty days.Mr.Cump felt there is a need to
allow for rainy weather,also.The C~~ssion,hOWever,felt that sixty
days is a reasonable amount of time to impose,since the work was not being
done prior to Mr.Grimm's incarceration.Mr.Prodonovich noted that since
he has been dealing with Ms.Miller,progress has been made.He said that
if the work proceeds and the court date arrives before the work is
completed,he could have the matter placed on the stet docket and obtain a
sixty day extension from the Court.The CCillIllission voted on a motion made
by Mr.Roulette and seconded by Mr.Iseminger to approve the amended plan as
submitted for Grimm's site and to establish July 1 as the ~letion date.
So ordered.The Commission voted on a motion made by Mr.Barrmart and
seconded by Iseminger to approve the revised plan as submitted for Durbin's
site and establish July 1 as the completion date.So ordered.
NEW BUSINESS (CONTINUED):
Preliminary Consultations:
McMullan Subdigis~on:
Miss Kelly held a preliminary consultation on March 17,1986 to discuss the
concept plan for Henry W.McMullan located on Independence Road,.8 miles
east of the Hagerstown Speedway.The proposed subdivision consists of 31
lots with a minimum lot size of one acre.The total area of the subject
site is 43 acres.Due to unfavorable,pommentsconcerning site distance and
necessary road improvements from the County Engineer,the consultant
requested the Planning CCillIllission to visit the site.The date of Monday,
April 21 at 1:30 p.m.was established with the condition that it be
convenient with Mr.Dull.The Commission .will discuss the matter at the
next meeting and make a decision at that time.
Emmanuel Baptist Temple:
Mr.Goodrich held a preliminary consultation on March 19,1986 to discuss
the concept plan for Emmanuel Baptist Temple located along the south side of
U.S.Route 40,west of Maryland Route 63.The church is proposing to build
ten duplex houses on a tract of land next to the church for the pUrPose of
renting them to retired or elderly individuals,as well as providing care
for the individuals.The Commission determined by consensus that the
clustering provisions of the Zoning Ordinance would be properly applied to
the church's prqposal if it could be categorized as "single family
retirement homes in nursing home ,or retirement home complexes"as specified
in Section 23.1e and as may be regulated by the State Health Department.If
the proposed devel?pment does not.bec;ome licensed by the State as a bona
fide nursing home or retirement home,the church would then have to follow
the guidelines for single familY djv,ellings in that zoning.dis.trict.
MCClelland Enterprises:
Mr.Goodrich held a preliminary consultation on McClelland EnterPrises on
March 20,1986 to discuss the sketch plan for a 32-10t subdivision located
along Evergreen Drive and Old Nursery Road.This was presented to the
Commission for information pUrPoses only,and no action was necessary.
OTHER BUSINESS (CONTINUED):
Sharpsburg Auto Sales and Service -Site Plan:
Mr.Hawbaker asked the Commission if it wanted to review the site plan after
approvals from reviewing agencies are received by the Permits and
Inspections Office.He reminded the Commission that this land is part of
the 1.8 acres that was rezoned on the north side of the road across from the
Grove Farm.Mr.Roulette asked about the possibility of a moratorium on
further development in the area of the battlefield pending the adoption of a
historic district ordinance.It was the consensus of the Commission that
such a measure would not be practical but that the matter of architectural
standards should be researched by the Executive Director.The Commission
also agreed that the site plan for the proposed auto sales business should
be considered at the next regular meeting.
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High's Store:
Mr.Hawbaker referred to the letter from Glenn Dull to James Frey of FraIl
Developers regarding the Planning Commission's review of any future changes
to the ingress/egress on Maugans Avenue.The Commission felt that Mr.
Dull's judgment is sufficient in this matter and that no further Commission
action is necessary.
DECD Luncheon:
Mr.Hawbaker extended the Commission the invitation of attending the State
Department of Economic and Community Development luncheon being held Friday,
April 11 at the Airport Inn.
Citizen Planners Association Meeting:
Mr.Hawbaker advised the Commission that this meeting will be April 18-19 in
Annapolis.
Rezoning Cases from the March 18th Hearing:
Since a quorum was not present,this matter will be placed on the agenda for
the May meeting.
September Meeting Date:
The regular September meeting of the Planning Commission will be held on
Monday,September 8,1986 due to the fact that the first Monday in September
is Labor Day,and the Rezoning Hearing will be held on Monday,September 15.
Route 68 -SHA Public Hearing:
Mr.Hawbaker reminded the Commission of the public hearing on April 17 at
7:30 p.m.in the Boondboro Middle School when the State Highway Administra-
tion will present alternatives for realignment of Route 68 in the area of
Devil's Backbone Park.Parks Planner Bill Stachoviak will attend,and he
will report to the commission at the next regular meeting.
Maietta Quarry -Information:
Paul Prodonovich will be seeking legal action through the Court within the
next week or so on this matter.
Boonsboro and Smithsburg Town Growth Areas:
Mr.Hawbaker and Mr.Lung will make a presentation in Boonsboro on
Wednesday,April 9,and Mr.Goodrich will make a presentation in Smithsburg
on Tuesday,April 8.
Mr.Hawbaker announced the resignation of Christene Wachter,Administrative
Secretary.
There being no further business,the meeting wa
285
286 WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MESfING OF MAY 5,1986
The Washington County Planning Commission held its regular meeting on
May 5,1986 at 7:00 p.m.in the second floor conference room of the County
Office Building.
Present were:Chairman,Jack B.Byers;Bertrand L.Iseminger;EX-0fficio
Richard E.Roulette;Donald E.Zombro.Staff:Jack S.Hawbaker,Executive
Director;Stephen T.Goodrich,Senior Planner;William V.Stachoviak,Parks
Planner;Timothy A.Lung,Associate Planner;Lisa A.Kelly,Assistant
Planner.Absent were:Michael D.Barnhart;Dr.Ray Johns.Judith A.Acord
arrived at 8:45 p.m.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
MINUTES:
The Minutes of the Regular Meeting held on April 7,1986 were approved as
received on a motion by Mr.Roulette and seconded l:>Y Mr.Iseminger.So
ordered.
UNFINISHED BUSINESS:
Sheetz Store:
The Commission reconsidered the preliminary plat and site plan for the
Sheetz store at the corner of Virginia Avenue and Marbern Road.Mr.
Goodrich presented the site plan and informed the Commission that he had
-received correspondence from the Board of Education concerning the student
crosswalk at the intersection.Mrs.Thompson from Fox &Associates informed
the Commission that she has met with representatives from the Board of
Education and with Mr.George Small from the State Highway Administration
concerning the safety matter at the intersection.School children are
presently scheduled to use the crosswalk at 8:00 and 8:30 a.m.and again at
3:30 p.m.There is always a crossing guard present at the time the children
cross.Mrs.Thanpson said she suggested to Mr.Small that there be improve-
ments made to the ingress and egress configuration at the 7-11 store on the
east side of Virginia Avenue.On a motion from Mr.Roulette,seconded by
Mr.Zombro,the Planning Commission voted to approve the preliminary plat
and site plan contingent upon the addition of sidewalks along Marbern Road
and Virginia Avenue,painted crosswalks across the entrances to the site,
and provided the zoning Board of Appeals grants the variance currently under
consideration for pump island setback from the dedicated right of way line.
Should the variance being considered by the Board of Appeals not be granted,
the consultant will be revising the subdivision plat and site plan to meet
the required setbacks.Because of a letter from the State Highway Adminis-
tration objecting to the reduction in right of way dedication for Virginia
Avenue (50 feet from centerline),the consultant will revise the site plan
to shoo the full 50 foot dedication from centerline.On a motion by Mr.
Iseminger and seconded by Mr.Zcmbro,the Commission voted to rescind the
variance granted at the April 7 meeting that reduced the right of way
dedication setback.So ordered.
McMullan Subdivision:
Follooing the Preliminary Consultation presentation on April 7,the Planning
Commission made a field trip on April 21 to visit the site of the proposed
31 lot subdivision on the McMullan farm.After considerable discussion and
evaluation of Independence and Rockdale Roads,the Planning Commission,by
consensus,informed Mr.McMullan that he may proceed with his subdivision
plat preparation for subsequent submittal and review by the Commission for
the full 31 lots.The Commission instructed the Executive Director to
inform the developer in writing and to let him knoo that the maximum number
of lots is 31,with the understanding that any lots that do not perc must be
dropped from the plan and may not be substituted with new lots.
NEW BUSINESS:
Variance Requests Under Section 107:
Paul Ritchey:
Pursuant to a request from Mr.Ritchey,the variance request for his
proposed development has been withdrawn.
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Richard Prather:
Mr.Lung informed the Commission that Mr.Prather is proposing to purchase
from his son a one acre lot which is to be subdivided from his property on
Hebb Road and is requesting a variance from the 300 foot minimum distance
between new points of access.Hebb Road is classified as a Major Collector
in the Highway Plan,and the developer is proposing to have a separation of
195 feet and 127 feet between the new driveway and two existing driveways.
Mr.Lung informed the Commission that the site distance for the new lot is
adequate.On a motion by Mr.Roulette,seconded by Mr.Iseminger,the
Commission voted to approve the variance because of hardships relating to
the configuration of the site.So ordered.
Lula Custer:
Miss Kelly presented the variance request for this 10 acre subdivision from
the 77 acre parcel.Two separate variance requests have been made for the
Custer property on Maryland Route 144.The first involves a subdivision of
10 acres from a 77 acre tract,and the variance request is from the minimum
25 foot access for a new lot on a public road.There is an existing 10 foot
fee simple access to the road,with an additional 8 foot right of way,for a
total of 18 feet.The Commission felt that the 18 feet would be adequate
for the new lot.On a motion by Mr.Zombro,seconded by Mr.Roulette,the
Commission voted to approve the variance.So ordered.
Miss KellyAnformed ,the Commission that ,the second variance request is to
subdiv:iJdea,lot f,rom 77 acres and thaLbecause,Hopewell Road is classified
as a Major Collector,300 feet distance between new ,points of,access is,
required.The distance between the new and existing driveways will range
from 10 to 50 feet.On a motion by Mr.Roulette,seconded by Mr.Zombro,
the Commission voted to grant the variance based on the physical
characteristics of the property that would result in a hardship were the
'variance not granted.So ordered.
Jacob Coss:
Miss Kelly informed the Commission that Mr.Coss is proposing to subdivide
Lot No.2 from his property on the north side of Maryland Route 60 and that
this road is classified as an Intermediate Arterial with a minimum require-
ment of 500 feet between new points of access.The prospective owners are
planning to place the proposed driveway of Lot No.2 so that there would be
approximately 285 feet between the existing driveway and the new driveway.
On a motion by Mr.Zombro,seconded by Mr.Roulette,the Commission voted to
grant the variance request because of the hardship that results from the
configuration of the property.So ordered.
Herbert Pennekamp:
Mr.Goodrich presented to the Commission a request by Mr.Pennekamp to have
approximately 4 1/2 acres conveyed to him from land in Elk Ridge Lake
Development on the east side of Chestnut Grove Road.The land is to be
conveyed on a simplified plat,and a variance from the terms of the
Ordinance is required since the property will not front on a public road.
Elk Ridge Lake Development has a private road system.On a motion by Mr.
Iseminger,seconded by Mr.Zombro,the Commission voted to grant the
variance because of the hardship that would result from a strict compliance
with the terms of the Ordinance.The fact that the road system in Elk Ridge
Lake Development is private makes it impossible for the property to front on
a public road.So ordered.
Subdivisions and Site Plans:
Christ Fellowship Church:
Mr.Hawbaker explained to the Commission that since the Zoning Ordinance
does not require a site plan to be prepared for a church in a residential
zoning district,this site plan is being brought to the Carunission for
information purposes only and not for approval.Mr.Goodrich informed the
Commission that there have been numerous concerns for the possible overflow
parking that may result in the future from church activities and that there
has been correspondence between the County Commissioners'office and the
church concerning the use of Piper Lane Park;the County Administrator has
informed the minister of the church that any proposals for utilizing the
grounds of Piper Lane Park should be first reviewed by the County Parks
Board.The church pastor informed the Commission that there are no present
needs for any overflow parking.
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290
Washington County Hospital Association:
Mr.Lung informed the Commission that all the agencies have approved the
preliminary plat and site plan for the three professional office buildings
proposed for this site.The Commission reviewed the site plan that shows'
landscaping on 30 inch berms on the west side of the property that are to be ~
planted with juniper thereby providing adequate landscaping between the
development and nearby residential properties.On a motion by Mr.Zornbro,
seconded by Mr.Roulette,the Commission voted to approve both the
preliminary plat and the site plan.So ordered.
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Denton Jacques:
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Mr.Lung presented the three lot residential subdivision and explained.ithat
all three lots are to be conveyed to members of the immediate family with
access over a private lane.Health Department approval is still outstanding
for this application.All other agency responses are in order.On a motion
by Mr.Roulette,seconded by Mr.Iseminger,the Commission voted to approve
the three lot subdivision.So ordered.
Homewood Retirement:
Mr.Goodrich informed the Commission that this is the last phase for the
development of the Homewood Retirement Center and that the 8 1/2 acre site
involves the development of 16 "cottages"and 57 dwelling units in the
multi-family structure.The parking requirements have been reduced by
authority of the Board of Zoning Appeals on a variance consideration and
that the Board also approved,through the variance process,a waiver of the
requirement pertaining to direct parking access next to a public road.Mr.
Goodrich informed the Commission that the landscaping design is commendable
and is more than adequate to satisfy the requirements of the Zoning
Ordinance.The only outstanding agency review for this application is with
.the County Engineering Department.The Commission,on a motion by Mr.
Zombro,seconded by Mr.Iseminger,voted to grant approval to the site plan
with the condition that approval is received from the Engineering Depart-
ment.So ordered.
Sharpsburg Auto Sales:
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Mr.Hawbaker.-informed ·the CornrnissiQnj:.that Sharpsburg Auto'Sales was'1'..
considered by ·.the .Cornrnission atltheApr:i:l,3;meeting'and at i;that ·time the
Commission directed that it be brought back at such time as it was ready for
approval.This site,in a BG zoning district west of Sharpsburg on Route
34,is to be used for an auto sales and service business on an approximately
one acre parcel.Mr.Lung presented some of the details of the site plan to
the Commission:the owner of the business was present and explained that it
was to be a combination wholesale and retail sales lot.Mr.Lung informed
the Commission that approvals are still outstanding from the State Highway
Administration and from the County Engineering Department.On a motion by
Mr.Iseminger,seconded by Mr.Zombro,the Commission voted to grant
approval to the site plan conditioned on receiving letters of approval from
the State Highway Administration and the County Engineering Department.So
ordered.
State Line Motel:
Mr.Lung presented the site plan for the expansion of the State Line Motel
which will consist of a new 53 unit Econo Lodge Motel and a restaurant.He
explained that approvals are still outstanding from the County Health
Department and the Pennsylvania Department of Transportation.The Maryland
State Highway Administration has expressed concerns about the existing
entrances onto State Line Road and would like to see this matter resolved
between the developer and the Pennsylvania IXYr.On a motion by Mr.
Roulette,seconded by Mr.Zornbro,the Commission voted to approve the site
plan w:i:ththe undeESDanding that approvals are still needed from the;Health
Departrnent"and;Pennsylvania,OOT,;So ordered,
Hagerstown-WashingtonCounty Industrial Foundation/pSI cot'rugated Inc.:
Mr.Lung presented to the Commission a PreliminaryjFinal Subdivision Plat
and Site Plan for a proposed corrugated container manufacturing facility to
be located on an 18 acre parcel in the 70/81 Industrial Park.The site is
served by a 16 inch sewer line and an 8 inch water line.Landscaping will
be provided for the site and includes screening of the wood piliate storage
area located at the rear of the building.One free-standing sign is to be
located at the entrance to the site,and two signs are to be located on the
building.Approvals are still outstanding from the Water Department,
Sanitary District and the Health Department.On a motion by Mr.Zombro,
seconded by Ms.Acord,the Commission voted to approve the Preliminary/Final
subdivision Plat and Site Plan conditioned upon receipt of the letters from
the outstanding agencies.So ordered.
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Preliminary Consultations:
spectrum Software Systems,Inc.:
Mr.Lung informed the Commission that a consultation was held for Spectrum
Software Systems,Inc.The Commission had reviewed the consultation summary
and had no further questions.No action was required.
Valley West Commercial/Office Center:
After a brief presentation by Mr.Lung for the development of this site on
Cole Road,the Commission expressed a satisfaction with the site layout and
the proposed use of a portion of the 75 foot buffer yard for the purpose of
an access lane to a loading area under the proposed building.The Staff
recommended,and the Commission agreed,that a note should be placed on the
Site Plan that the access area will not be used for any structure,manu-
facturing or processing activity,storage of materials or parking.The
Commission instructed the developer to proceed with the Site Plan.
OTHER BUSINESS:
Morin-Rocco:
Norman Morin and Dennis Rocco had submitted to the Commission a written
request to proceed with the preparation of a subdivision plat for conveyance
of a lot to a member of 'the immediate family on their parcel of land located
east of the Marsh Pike.Messrs.Morin and Rocco also submitted for the
Commission's information the Memorandum Opinion issued by the Circuit Court
in the matter of Frank Novinger vs.TheBoard of Zoning Appeals that was
ruled on by the Court on April 25,1986.After considerable discussion with
the applicants and with Mr.Carl Rosenberry,the Commission instructed
Messrs.Morin and Rocco to submit their proposal in the form of a sub-
-division plat for the Commission's consideration.
John Single Subdivision Plat:
Mr.Hawbaker informed the Commission that the plat previously approved by
the Commission in simplified form for conservation purposes only has now
been resubmitted for development.No action was required.
Stoneleigh Estates:
Through a written request from Taylor Oliver of The John R.Oliver Co.,the
commission considered the proposal for two lots in addition to the 26 lots
previously authorized by the Commission for development on the west side of
Fairplay Road.The Commission was of the opinion that the two additional
lots would not substantially add to the traffic problems on Fairplay Road,
and on a motion by Mr.Zombro,seconded by Mr.Iseminger,voted to approve
those two additional lots,for a total of 28 lots,including those already
developed.So ordered.
Rezoning Cases From March 18:
Mr.Hawbaker reviewed for the Commission the two rezoning cases heard in
public hearing on March 18.RZ-335 is a text amendment for adding schools
and colleges to the site plan requirement under Section 4.11 of the Zoning
Ordinance.The Commission,after consideration of the text as advertised,
expressed its intention to retain the existing wording of the Ordinance that
defines a major addition.On a motion by Mr.Zombro,seconded by Mr.
Iseminger,the Commission voted to recommend approval to the Board of County
Commissioners for this text amendment with the text being revised to reflect
the definition of a major addition as is presently used in the zoning
Ordinance.So ordered.
RZ-336 is an application for 1.2 acres to be reclassified from A to RU on
Bower Avenue in an application submitted by Tru-Joy Homes.On a motion by
Ms.Acord and seconded by Mr.Iseminger,the Commission voted to recommend
to the Board of County Commissioners that this map amendment be approved as
advertised on the basis of there having been a mistake in the original
zoning.In making its recommendation,the Commission has adopted the Find-
ings of Fact and Conclusions established in the Staff Report and Analysis
and in the Staff Recommendation.Mr.Roulette and Mr.Byers abstained,with
Ms.Acord,Mr.Iseminger and Mr.Zombro voting for approval.
Rezoning Cases for June 9:
Mr.Hawbaker presented two new text amendments to the Commission for
endorsement for advertising for the June 9 public hearing.The first has to
do with the establishment of a new zoning district called a "Business
Transitional Zone"that will provide for limited business uses deemed
291
292 appropriate between residential and higher intensity business properties.
The second text amendment provides for the reduction of lot sizes where
dedication is required to sane public agency without the necessity of the
property owner seeking a variance from the Board of zoning Appeals.By
consensus,the Commission approved these two cases for advertising.
Town Growth Area Presentations:
Mr.Hawbaker informed the Commission that the studies have now been
completed with beth Smithsburg and Boonsbero for the establishment of Town
Growth Area Boundaries and that the study committees fran those two Towns
are now ready to make a presentation to the Board of ,County Commissioners
and the Planning Commission.The Commission instructed Mr.Hawbaker to get
a date ,from Mr.Teach for thejoinLpresentation and to notify the
commission of that time.
Route 68 Alternate Study:
Mr.Hawbaker and Mr.Stachoviak informed the Commission that the State High-
way Administration project planning meeting scheduled for May 6 has been
postponed to a later date and that the Planning Staff will keep the
Commission informed of progress throughout the project planning phase as the
State Highway Administration reviews the numerous alternate routes for the
new relocation of Route 68 in the Devils Backbene area.
Chessie System Discontinuance:
Mr.Hawbaker informed the Planning Commission that correspondence has been
received from the Maryland Department of Transportation,State Railroad
Administration,that announces a proposed discontinuance of service between
Big Pool and Hancock for a distance of 12.09 miles,but merely the dis-
.continuance of service without the line itself being removed.The
Commission expressed its concern for the discontinuance of any service that
may adversely affect the economy of the area and instructed the Executive
Director to correspond with the State and inform them that the service
should not be discontinued in light of its probable adverse impact on
existing industries,as well as the potential impact on future needs by the
Pennsylvania Sand and Glass.
William Stachoviak,Parks Planner,distributed copies of the new Washington
County Bicycle Tour Map to the members of the Commission,informing them
that 5,000 have been printed and that they will be promoted and distributed
by the Tourism Department.
There being no further business,the meeting was adjourned at 10:45·p.m.
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING OF JUNE 2,1986
The Washington County Planning Commission held its regular meeting on June
2,1986 at 7:00 p.m.in the second floor conference room of the County
Office Building.
Present were:Chairman,Jack B.Byers;Michael Barnhart,Bertrand L.
Iseminger:Ex-officio,Richard E.Roulette;and Donald E.Zombro,Ray M.
Johns.Staff:.Jack S.Hawbaker,Executive Director;Stephen T.Goodrich,
Senior Planner;William V.Stachoviak,Parks Planner;Timothy A.Lung,
Associate Planner;Lisa Kelly,Assistant Planner.Judith A.Acord arrived at
7:05 p.m.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
MINUTES:
The Minutes of the Regular Meeting held on May 5,1986 were approved as
received on a motion by Mr.Zombro and seconded by Mr.Iseminger.So
ordered.
NEW BUSINESS:
Variance Request:
Curtis Ausherman:
Mr.Goodrich presented the variance request for Curtis Ausherman who has
.asked to subdivide a lot that doesn't front on a public road.His land is
located on a private lane on the south side of Falling Waters Road south of
Williamsport in the Downsville Area.The proposed parcel is approximately
three acres in size,and will be located .6 of a mile from the public road
(Falling Waters Rd.)The private road serves for Mr.Ausherman's dwelling
as well as his farm buildings,and 7 other existing dwellings.There are
also 10 vacant lots approved for dwelling units in the Potomac Woodlands
development which also gain their access to the public road by this existing
right-of-way.The right-of-way is well documented on the subdivision plat
for Potomac Woodlands and also documented on the subdivision plat for the
211 acres Mr.Ausherman owns now.That plat was approved in 1981 and it
also required a variance prior to its approval.The motion to grant the
variance request was made by Mr.Roulette and .seconded by Mr.Barnhart based
on a hardship that would result from strict compliance with the ordinance.
So ordered.
Subdivision and Site Plans:
Wolf's Lodge Estates:
Mr.Lung presented the preliminary and final subdivision plat for the
subdivision of land for Bernhardt Charles,Wolf's Lodge Estates,consisting
of four residential lots.of approximately 20 acres each.These lots are
located along the west side of Keefer Road which is located west of Fairview
Mountain.Each lot is to have its own well and septic system along with its
own access onto Keefer Road.The remaining lands belonging to Mr.Charles,
located to the south,was previously subdivided out of the original parcel
in August of 1985.The flood plain for Licking Creek affects a small
portion of lots number 1,2 &3,and the flood plain associated with Lanes
Run affects part of lot number 4.All agency approvals have been received;
the plat was revised to reflect the County Engineer's comment concerning the
driveway location for lot number 4.The motion to approve the preliminary
and final plat was made by Mr.Barnhart and seconded by Mr.Zombro.So
ordered.
Taylor's Orchard,Lots 2,3 &4:
Miss Kelly presented the preliminary and final plat for Taylor's Orchards,
Section A,Lots 2,3 &4.The subject site is located along the Mercersburg
Road just north of its intersection with Dry Run Road.Each of the three
lots involved will have its own well and septic system.Lot 1 of the
subdivision was approved in March,1983.All agency approvals have been
received.The motion to approve the preliminary and final plat was made by
Mr.Zombro and seconded by Mr.Roulette.So ordered.
293
294 Fred Gaylor,Lots 1,2 5<3:
Miss Kelly presented the preliminary and final plat for Fred Gaylor,a three
lot subdivision located in the southeast quandrant of the intersection of
Wright Road and Kernps Mill Road.Each lot will have public water and
private sewer facilities.In May,1983,the Planning commission granted a
variance for lot 2 to be created without the 25 feet of pUblic road frontage
with access provided -by a private right-of-way.At the present time,the
County Engineer Department,State Highway Administration and Hagerstown
Water Department have given their approvals.Preliminary and final approval
is being requested contingent on the Health Department's approval.The
motion to approve the preliminary and final plat was made by Dr.Johns and
seconded by Mr.Iseminger.So ordered.
Towne Oak Village,Section B -Phase 1:
Mr.Lung presented the preliminary subdivision plat and site plan for Towne
Oak Village,Section B -Phase 1.The property is located on the eastside
of Fairway Lane behind the Washington County National Savings Bank and will
be served by a 540 foot cuI de sac to be called Putter Drive.There will be
16 townhouse dwellings,-8 on each side of the street.The total area of
Phase 1 of Section B is 1.96 acres,and the average lot size per townhouse
is 3,512 square feet.There will be off street parking for 2 vehicles per
dwelling.Sidewalks will be provided along each side of Putter Drive.,and
pole-mounted dusk-to-dawn lights are to be located at the end of the
driveway for each townhouse.The stormwater management area in the
northeast corner will be maintained by the developer.The developer has not
provided any play lots for this phase of Section B;due to the size of this
phase they are not required.However,the developer will be required to
provide play lots prior to the development of Phase 2 of Section B,which
'will be the construction of additional townhouses of Putter Drive.The
Board of Education has indicated that middle and high school students wait
for the school bus at the Oak Ridge Apartments,and there are two elementary
school students who board the bus at the bank parking lot.The Board has
indicated that they are satisfied with the existing conditions at this time,
but reserve the right to require school bus waiting areas in the future as
the rest of Towne Oak Village progresses.All agency responses have been
received and the plat has been revised to address the oomments by the Water
Department and the Sanitary District;however,signatures are still
necessary on the plat by the Soil Conservation District and the County
Engineer.A motion to approve the preliminary plat and site plan was made
by Mr.Roulette and seconded by Ms.Acord.So ordered.
RobinwoodCourt,Section 3:
Mr.Goodrich presented the preliminary plat and site plan for Robinwood
Court,Section 3.This.plat was recently called Youngstown Section 3.The
site is 4 1/2 acres in size.The proposal is 6 individual structures,each
structure with 6 apartments for a total of 72 units.The gross density is
16 units per acre,which is the maximum pennitted.There will be 147
parking spaces as required.The final extension of Youngstown Drive will be
a public road,with a 50 foot right-of-way that will be dedicated to the
County.In October,1985,the Planning Commission granted a variance to
pennit the extension of that road to a total length of 795 feet from the
nearest intersection.The development will be served by public water and
public sewer.The pedestrian system will consist of the gravel shoulders
along the road.The developer is providing two play areas of approximately
450 square feet each.The County Engineer has given his preliminary
approval subject to the developer's agreement in writing that he will
participate in the costs for further improvements to the intersection at
Robinwood Drive and Youngstown Drive.The Commission directed Mr.Hawbaker
to request of Mr.Dull an analysis of traffic problems at the intersection
in order to determine if the current perceived turning conflicts can be
remedied.The Commission also asked the staff to contact the Board of
Education to determine exactly where the buses are picking up students.The
City Water Department has given its approval contingent on the Health
Department's approval.Water Pollution Control and Health Department
approvals are expected shortly.A motion for approval of the preliminary
plat and site plans consistent with the conditions discussed on the traffic
problems was made by Mr.Iseminger and seconded by Mr.Zombro.So ordered.
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Radio Shack --Preliminary Site Plan:
The question was brought up whether the Commission should review the plans
for Radio Shack.Mr.Roulette moved to review the plans and Mr.Zombro
seconded the motion.Mr.Goodrich presented the preliminary plat and site
plan to the Commission for Radio Shack,Tandy Corporation,that will be
located in the washington County Industrial Park off Interstate I-81 on the
Western Maryland Parkway,just north of the Detention Center.Tandy
Corporation will build a 250,000 square foot facility with a 100,000 square
foot parking area in the rear for trucks.It will consist of a warehousing
distribution plant with 3,000 square feet of retail sales in the front
corner of the building.The question arose whether retail sales should be
allowed because of the IG zoning district.The Commission agreed that
retail sales is an accessory use to the warehousing.Mr.Zombro made the
motion to approve the plat subject to all conditions being met by the
agencies and Ms.Acord seconded the motion.So ordered.
Preliminary Consultations:
Deer Path Acres
Lawrence Sigler
There were no changes or questions from the Commission.on the Preliminary
Consultations.
OTHER BUSINESS:
Rezoning Field Trip:
After a short discussion,it was decided to have the field trip after the
Rezoning Hearings that will be held on June 9,1986 at 7:00 p.m.The field
.trip will take place on Thursday,June 12,1986 at 1:00 p.m.The Commission
will visit six sites.
Route 68 Alternates Study:
Mr.Stachoviak presented an update of the Route 68 Alternate Study.There
was a public hearing held in Boonsboro on April 17,1986 conducted by the
State Highway Administration on the seven alternates.Four of the
alternates were not preferred by the State Highway Administration.Based on
the Planning Meeting held in Baltimore on March 22,more of the alternates
were dropped,leaving alternates 1,2 &3B.Number 1 is the no-build except
for normal maintenance and safety improvements.Number 2 would be a major
rehabilitation on the existing bridges;the stone bridge and the Beaver
Creek bridge.Number 3B is the construction of a new two lane bridge
downstream from the bridge by Devil's Backbone and replacement of the Beaver
Creek bridge.These three alternates will be further studied by the State
Highway Administration.If in fact there would be another bridge relocated
downstream,the existing bridge could become part of Devil's Backbone Park,
and would be open to pedestrian use only.
Junkyard Status:
Mr.Paul Prodonvich presented the junkyard status.The minutes for the
April 7,1986 meeting state that the Planning Commission granted an
extension for completion of the landscaping for Grimm's junkyard on Route 64
and also on Durbin's junkyard on Broadfording Road to July 1,1986.Mr.
Prodonovich stated that there was an error in those minutes.The Grimm site
was the only site that was granted the extension.The minutes for April 7,
1986 should be amended to read the extension was made for the Grimm junkyard
on Route 64 only,not the Durbin junkyard on Broadfording Road.The motion
to amend the minutes was approved by Mr.Roulette and seconded by Mr.
Barnhart.So ordered.
Plat for Austin Flook,Parcel B:
The Flook plat that was approved by the Commission on August 8,1983 failed
to get recorded within the two-year period established by the Subdivision
Ordinance and became void.Mr.Hawbaker requested that there be an
extension given to J.Harold .Seibert for a 30-day period beginning on
June 2,1986 to record the.plat.The motion to approve the 30-day extension
for Austin Flook was made by Mr.Roulette and seconded by Mr.Barnhart.So
ordered.
295
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296
Mr.Hawbaker reminded the Planning Canmission members of the presentation on
the Town Growth Areas for Smithsburg and Boonsboro taking p1<ice on June 3,
1986 at 11:00 a.m.in the County Canmissioners office.
There being no further business,the meeting was adjourned at 8:45 p.m.
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WASHINGIDN COUNTY PLANNING COMMISSION
REGULAR MEETING OF JULY 7,1986
The Washington County Planning Commission held its regular meeting on July
7,1986 at 7:00 p.m.in the second floor conference room of the County
Office Building.
Present were:Chairman,Jack B.Byers;Ex-officio,Richard E.Roulette;
Bertrand L.Iseminger;Donald E.zombro;and Ray M.Johns.Staff:
Executive Director,Jack S.Hawbaker;Senior Planner,Stephen T.Goodrich;
Associate Planner,Timothy A.Lung;Associate Planner,Lisa A.Kelly;Parks
Planner,William v.Stachoviak;Deputy Director of Permits &Inspections,
Paul Prodonovich;and Secretary,Janet L.Walkley.Judith A.Acord and
Sidney Salitsky were absent.
CALL ID ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
MINUTES:
The minutes of the Regular Meeting held on June 2,1986 were voted to be
amended to add Mr.Johns as being present.The motion to approve the
minutes as amended was made by Mr.Zombro and seconded by Mr.Iseminger.So
ordered.
NEW BUSINESS:
variance Request:
Robert Beck:
Mr.Goodrich presented a two-part variance request from Robert Beck.The
property is located west of Lu-Rose Estates and the Marsh Pike.The first
part of the variance request is to create a 10 acre lot without the required
25 feet of public road frontage.The second part of the variance request
was to design a public street contrary to Section 405.2F of the Subdivision
Ordinance,which requires a minimum 150 foot offset between street
centerlines when a "thru"street is not possible.Mr.Roulette made the
motion to approve the first part of the variance request to create a new 10
acre parcel without public road frontage,seconded by Mr.Zombro.So
ordered.Mr.Johns made the motion to approve the second part of the
variance request regarding the offset design of the intersection,seconded
by Mr.Zombro.So ordered.
Subdivision and Site Plan:
Wayne Berger:
Mr.Lung presented a Preliminary/Final subdivision plat and 2 variance
requests for Wayne Berger.The plat is located on the east side of
Maugansville Road at its intersection with Salem Road,and is zoned Highway
Interchange.The subdivision consists of two lots;parcel "A"is containing
.51 acres with an existing dwelling and three outbuildings,and parcel "B"
containing 2.86 acres to be the site of a professional office building.A
site plan will be required for the office building prior to construction.
Agency approvals from the Sanitary District and the Health Department are
still outstanding.A variance from the 30 foot future right-of-way
dedication for parcel "A"was requested due to the existance of a barn
within the right-of-way.A second variance was requested to reduce the
minimum access separation requirement along a Minor Collector Highway from
100 feet to 75 feet due to the location of the proposed driveway for parcel
"B".Mr.Roulette made the motion to approve the variance from the right-
of-way dedication for parcel "A",seconded by Mr.Zombro.So ordered.Mr.
Johns made the motion to approve the variance from the access separation
from 100 feet to 75 feet,seconded by Mr.Iseminger.So ordered.Mr.Lung
noted that the consultant has provided the required buffer yards around the
proposed office building,however,the Planning Commission may impose
additional buffers and/or setbacks.Mr.Roulette made a motion to approve
297
298the subdivision without any additonal buffers contingent upon receipt of
approvals from the Sanitary District and Health Department,seconded by Mr.
Zornbro.So ordered.
Wayne Weber:
Miss Kelly presented the Preliminary and Final,subdivision proposed for
Corrmercial use for Wayne Weber.The 4 acre parcel is located on Martin Road
and has a current zoning of "HI".At this time there are no structures on
the parcel,however a 200 x 200 foot building has been proposed.The
proposed use of this structure is unknown at this time.Public water and
sewer are available.All agency approvals have been received.Mr.Zombro
made the motion to approve the Subdivision,seconded by Mr.Roulette.So
ordered.
Taylor's Orchard,Section BLots 1,2 &3:
Miss Kelly presented the Preliminary and Final for Taylor's Orchard,Section
B,Lots 1,2 &3 located on Mercersburg Road.It has a current zoning of
Agriculture.Lot 1 consists of 1.9 acres with no existing structures,and
lot 2 consists of approximately 6 acres with two storage buildings.Lot 3
consists of approximately 1.9 acres and has an existing home with a
temporary storage trailer.All three parcels will have a private water and
sewer system.All approvals have been received.Lots 2 and 3 will have a
combined entrance which will branch off into the two separate lots.Mr.
Zombro made the motion to approve the Subdivision,seconded by Mr.
Iseminger.So Order.
McClelland Enterprises,Section 1:
Mr.Lung presented a Preliminary/Final Subdivision Plat for McClelland
Enterpises which consists of seven residential lots located along Evergreen
Drive and Nursery Road.The site is zoned Residential-Urban and is the
first section of a proposed 32 lot subdivision.The lot sizes for Section 1
vary from 13,125 square feet up to 20,490 square feet,and there is
approximately 9 1/2 acres of remaining lands.The subdivision will be
served by pUblic water and sewer.Written approval has been received from
the Water Department and verbal approval from the Sanitary District.
Written approval from the Sanitary District is contingent upon the
consultant making minor technical revision to the plat,which the consultant
has provided.The Health Department is waiting on approval from the
Sanitary District.The Engineering Department has approved the plat.
Preliminary and Final approval is being requested conditioned upon receipt
of written approvals from the Sanitary District and the Health Department.
Mr.Roulette made a motion to approve the subdivision as requested,seconded
by Mr.Iseminger.So ordered.
Williamsport Storage Bin:
Miss Kelly presented the Site Plan for Williamsport Storage Bin,located on
Artizan Street in Williamsport and adjacent to 1-81.The site encompasses
4.44 acres and is currently zoned "HI".The proposed site will include
eight,long rectangular buildings constructed for storage warehouses for
public use.Agency approvals have been received from the Health Department,
the County Engineer,State Fire Marshall,Soil Conservation,and State
Highway Administration.Mr.Roulette made the motion to approve the site
plan as requested,seconded by Mr.Johns.So ordered.
OTHER BUSINESS:
High's Store --Revised Site Plan:
Mr.Goodrich presented the revised site plan for the High's Store on Maugans
Avenue.The developer found it necessary and more desirable to relocate the
entrance to the site.The new location of the entrance will require
modification to the traffic island on Maugans Avenue.The prohibition on
left turns will be eliminated with this revised entrance.Other revisions
to the site plan include additional planting associated with the relocated
entrance,movement of the gas pumps and a slight enlargement of the
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building.The adjacent property owner appeared to voice concerns for his
safety when using his driveway in light of frequent turning movements into
and out of the High's site.Mr.Zombro made a motion to approve the revised
site,seconded by Mr.Johns.So ordered.
General Electric Transfer Center:
Mr.Gerald A.Cump,representing General Electric Company's Hagerstown
Transfer Center,asked the Commission if it would be exercising its
authority to require more than a 75 foot buffer between the subject site and
an adjacent residential property.The site is zoned "HI".Mr.Zombro made
a motion to not require more than 75 foot buffer zone for the General
Electric Transfer Center,seconded by Mr.Iseminger.So ordered.
COMMUNICATIONS:
60-Day Extension For Sheetz Store:
Catherine Thompson with Fox and Associates submitted a plat and site plan
requesting for a 60-Day Extension of the Sheetz Store to be able to redesign
the site due to the Board of Appeals negative decision regarding building
setbacks.Mr.Iseminger made a motion to approve the request for the 60-Day
Extension,seconded by Mr.Zombro.So ordered.
Letter from Department of State Planning:
Mr.Hawbaker noted that the dues notice for the group memebership to the
·State Planning Department,which is $150.00 per year,is due at this time.
Mr.Byers recommended that the Commission remain in the membership.
OTHER BUSINESS:
Parks Open Space Dedication:
Mr.Stachoviak,County Parks Planner,is beginning the Updating of the
County's Open Space Parks and Recreation Plan.He requested some direction
from the Commission regarding the County Comprehensive Plan Policy
recommending that oommon open space be set aside by developers in the Urban
Growth Area according to density and the number of dwellling units.By
concensus,the Commission requested that some examples of alternative
approaches to reservation of open space and fee in lieu be investigated and
presented at a later date.
Agricultural Preservation District --Lehman &Jean Toms:
Mr.Goodrich presented the AgriCUltural District application for Lehman and
Jean Toms.The farm is located approximately halfway between Hagerstown and
Boonsboro off of Alternate 40 and Toms Road.If approved by the Foundation,
the property will not be developed for a period of five years.There is no
exchange of money at this stage of the program.Mr.Johns made a motion to
approve the application to establish the Preservation District because it is
consistent with the plans and policies of the Comprehensive Plan,seconded
by Mr.Iseminger.So ordered.
Highway Interchange Study:
Mr Hawbaker told the Commission that the Highway Interchange element of the
work program was now being worked on by the staff and that before proceeding
further he wanted to make sure of the Commission's intentions.His
understanding from the workshop meeting in February,1986 was that the "HI"
boundary was to be pulled in so that the "HI"district covered only those
lands around the interchanges and not extend one-half mile away as they
presently do.The Commission said it did not remember coming to the
conclusion and asked that the minutes of the February meeting be reviewed
and brought back at the next regular meeting in August.
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Election of Vice Chairman:
Mr.Byers entertained motions from the floor for nominations for the Office
of Vice Chairman.Mr.Iseminger nominated Donald Zornbro.Mr.Johns
seconded the motion.On a unanimous vote,Mr.Zombro was elected Vice
Chairman of the Washington County Planning Commission.So ordered.
New Commission Appointment:
Mr.Hawbaker informed the Commission that Mr.Sidney Salitsky has been
appointed by the Washington County Commissioners to replace Mr.Michael
Barnhart on the Washington County Planning Commission.Mr.Salitsky will
begin his term in September,1986.
Census Tract Mapping:
Mr.Hawbaker informed the Commission of the recent staff efforts devoted to
generating a set of Census Tract maps for the Bureau of the Census in
preparation for the 1990 census.New boundaries called Census Block Groups
have been prepared to fall within an already established Tract boundaries;
once the maps are in the hands of the Census Bureau,further boundaries will
be made for Census Blocks.Mr.Hawbaker told the Commission that this has
been an extra effort that demanded considerable time from the staff on its
work program;he also said he would be bringing the overall work program to
the Commission at the August meeting to show the adjustment that have had to
be made since its adoption back in the winter.
AnJOURNMENT :
There being no further business,the meeting was adjourned at 9:15 p.m.
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WASHINGTON COUNTY PLANNING COMMISSION
REGULIIR MEETING OF AUGUST 4,1986
The Washington County Planning Commission held its regular meeting on
August 4,1986 at 7:00 p.m.in the second floor conference room of the
County Office Building.
Present were:Chainnan,Jack B.Byers;Vice-Chainnan,D:mald E.Zanbro;
Bertrand L.Iseminger;Judith A.Acord;Ray M.Johns.Staff:Executive
Director,Jack S.Hawbaker;Senior Planner,Stephen T.Goodrich;Associate
Planner,Timothy A.Lung;Associate Planner,Lisa A.Kelly;Deputy Director
of Permits and Inspections,Paul Prodonovich;and Secretary,Janet L.
Walkley.Absent were:Ex-officio;Richard E.Roulette,Sidney salitsky and
Parks Planner;William v.Stachoviak.
CALL TO ORDER:
The meeting was called to order by the Chainnan at 7:00 p.m.
MINUTES:
The minutes of the Regular Meeting held on July 7,1986 were amended to add
that the variance requests were approved based on the extraordinary hardship
which may result from strict compliance with the regulations.The motion to
approve the minutes as amended was made by Mr.Zombro,seconded by Ms.
Acord.The minutes of the Special Meeting held on July 3,1986 were
approved by a motion made by Mr.Zombro,seconded by Mr.Iseminger.
NEW BUSINESS:
variance Request:
Harlan Bayer --Holiday Farms:
Mr.Lung presented the variance request for Holiday Farms Section 3.Harlan
Bayer is the developer of the residential development.Mr.Bayer is
proposing to create an additional six lots to be part of the Holiday Farms
Subdivision.This proposed subdivision involves the extension of Auburn
Drive a distance of 230 feet from its existing end point,thus making the
cul-de-sac a total length of 805 feet from its intersection with Bayer
Drive.Section 405.5 of the Subdivision Ordinance limits the length of a
cul-de-sac to 600 feet.The 805 foot cul-de-sac is necessary to provide
access to the proposed lots to the rear of the property.Mr.Lung noted
that a Grading Permit had been issued and the street plans approved by the
County Engineer for the extension and the installation of utilities,grading
and base preparation of the road has already been completed prior to
submittal of a subdivision plat.Mr.Zanbro motioned to approve the
variance request on the extraordinary hardship that may result from strict
compliance with the regulations.Mr.Iseminger seconded.So ordered.
Charles Mumnert
Miss Kelly presented the variance request for Charles Mumnert.The property
is located along U.S.Route 40 approximately .4 miles east of the town of
Clear Spring.Mr.Mumnert would like to subdivide his 25 acre tract into
five parcels,with a parcel size ranging from three to eleven acres.The
subject property is a remainder of a 46 acre tract that was subdivided in
1981 for the Trinity Church of God.The variance is being requested from
section 405.11(B)of the Subdivision Ordinance which states that all newly
created lots must have public road frontage.Access to these five lots is
being provided by a private 50 foot wide right-of-way which also serves as
the entrance to the Trinity Church of God,located immediately adjacent to
the parcel in question.The State Highway Administration has no problem
with the use of this right-of-way for the proposed variance.However,the
Trinity Church of God has not obtained a commercial entrance permit and
State Highway Administration states that before anything is subdivided the
paving of the entrance must be taken care of.·Mr.Zanbro made a motion that
the Commission visit the site and report back at next month's regular
meeting.Ms.Accord seconded.So ordered.
301
302 Hagerstown Homes Corporation:
Miss Kelly presented the preliminary/final subdivision for Hagerstown Homes
Corporation,located in the southwest quadrant of Virginia Avenue and
Linwood Road.The owners are proposing to subdivide a 1.9 acre tract off of
a total of 147 acres.The subject parcel is the present site of Bow
Lighting,Inc.The plat meets all the requirements of the Subdivision and
Zoning Ordinance.The agencies responding with approvals include the Health
Department,Engineering,Sanitary District,City Water,Water Pollution
Control,and the State Highway Administration.The State Highway
Administration has stated that if there is any further expansion,a
commercial entrance permit will be required.Mr.Zombro made a motion to
approve the preliminary/final plat for Hagerstown Homes Corporation.Mr.
Iseminger seconded.Motioned carried.
Sheetz Store:
Mr.Goodrich presented the revised preliminary plat and site plan for the
Sheetz Store,located at the corner of Virginia Avenue and Marbern Road.
The Board of Zoning Appeals denied a request to permit the gas pump islands
location in front of the building setback lines.The site has been
redesigned.The building was moved slightly to the west and the gas pumps
were relocated to the east side of the building.The remainder of the site
is the same as before with two entrances onto Virginia Avenue and an
entrance onto Marbern Road.Mr.Iseminger made a motion to approve the
preliminary plat and site plan inclUding concurrence with the State Highway
Administration's recommendation to eliminate the directional (eastern)
access point onto Virginia Avenue and the requirement of a 200 foot bypass
lane as noted in their July 22 correspondence.Mr.Zombro seconded.So
ordered.By consensus,the Commission also agreed that if the developer
desired any other access configuration,the plat and site plan would be
returned for further review.
Stewart Enterprises:
Mr.Goodrich presented the preliminary plat and site plan for Stewart
Enterprises,also known as Stewart Warehousing,Inc.The 6 1/2 acre site is
zoned Industrial General and is located in the 70/81 Industrial Park east of
Md.Route 63.The site will be used by Stewart Warehousing,Inc.who will
construct a 50,000 square foot warehouse for storage and distribution of
prepackaged food products.Public water and sewer will be provided.All
approvals have been received except the Health Department's.Mr.Zombro
made a motion to approve the preliminary plat and site plan contingent upon
receipt of the Health Department's approval.Ms.Accord seconded.So
ordered.
Homewood,Phase 5B
Mr.Goodrich presented the site plan for Homewood Retirement Community,
Phase 5B.This plan consists of 13 additional residential units.There
have been 20 parking spaces made available and sidewalk connections are
available to the rest of the development.Homewood is proposing some minor
improvements inside the boundaries of the adjacent floodplain,and
therefore,approval from the Water Resources Administration is necessary.
The County Engineer is witholding his approval until the Water Resources
Administration has commented.The plan meets all other Zoning Ordinance
requirements.Ms.Accord made the motion for approval of the site plan
contingent upon the receipt of approvals fram Water Resources Administration
and the Engineering Department.Dr.Johns seconded.So ordered.
Robert Castle:
Mr.Lung presented the preliminary/final plat for a three lot residential
subdivision for Robert Castle,which is located on the west side of Md.
Route 66 south of Mapleville.Each lot will have its own well and septic
system which have been approved by the Health Department.Each lot will
have its own access point onto Md.Route 66.The driveway for lots 2 and 4
will be a shared access split by the property line.In August 1985,the
Planning Commission granted a variance fram the 500 foot minimum seperation
requirement to locate the driveways for lots 3 and 4 with a separation
distance of 430 feet.When the driveway locations were located in the
field,it was found that the seperation would be 345 feet instead of the 430
feet that was approved in the variance.The State Highway Administration
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has approved of the two access locations.All of the other reviewing
agencies have approved of the subdivision.The Commission felt that there
should be a new variance to correct the discrepancy in the approved driveway
seperation.Ms.Acord made a motion to approve the new variance from 500
feet to 345 feet based on the extraordinary hardship that may result from
strict compliance with the regulations.Mr.Iseminger seconded the new
variance.So ordered.Dr.Johns made a motion to approve the
preliminary/final subdivision plat for Robert Castle.Mr.Iseminger
seconded.So ordered.
Hagerstown Mall:
Mr.Lung presented a brief surmnary of the Preliminary Consultation that was
held on July 28,1986 for the Hagerstown Mall.The written surmnary should
be completed by the September meeting.The proposed mall,being developed
by Crown American Corporation,is to be located on approximately 100 acres
located between Md.Route 58,I-81 and Maugansville Road.The project will
be completed in phases with the first phase consisting of two major
department stores,a movie theatre,food court,and approximately 35
additional stores.Future development will consist of two additional
department stores and other smaller stores for a total building area of
628,000 square feet.Future plans also call for the construction of a
motel;however,no detailed information was provided.The developer is
proposing two entrances onto Md.Route 58.The main entrance is to be
located approximately 750 feet west of the Broadfording Road intersection,
and another entrance is to be located approximately 250 feet east of
Broadfording Road between Powlen Equipment Company and the Interstate Truck
Garage.The State Highway Administration is concerned about this entrance
due to its proximity to the I-81 ramp and the Broadfording Road
intersection.A third entrance is proposed off of Maugansville Road.The
site is not currently served by public sewer,and various alternatives were
discussed.The current plan is for the mall to construct a pumping station
and connect with the existing Sanitary District force main in Maugansville
Road.This would involve inclusion into the subdistrict and approval by the
City of Hagerstown.Water service is to be provided from Maugansville Road;
the City Water Department requested that the water line be extended through
the mall property to loop into a possible water line extension out Md.Route
58.Zoning Ordinance requirements were discussed along with the special
requirements in the "HI"zoning district.The developer was informed of the
Planning Commission's desire to work with the consultant in developing a
site plan which can meet the requirements of the Zoning Ordinance for
buffers and screening without overly restricting the development.
GrHER BUSINESS:
Tanglewood Joint Venture PUD:
Mr.Hawbaker presented the first application for a PUD since the adoption of
the PUD article in the Zoning Ordinance in 1983.This particular site is
located on Greenmont Avenue and Wolford Avenue,near Danzer Metal Works off
of York Road.The applicant wants to get the Planning Commission's approval
for PUD concept.When a PUD application is submitted,there is a concept
plan that is presented.If the Commission is in agreement with the general
concept,the POD application is scheduled for public hearing.At that time,
consideration will be given for the specifics of the PUD.If the Planning
Commission and the County Commissioners feel that this is appropriate,the
land will then be reclassified.Following the public hearing,the applicant
will submi t development plans.Mr.Shrader of Davis,Renn and Shrader
presented the concept plan for Tanglewood Joint Venture.He is requesting
that the project be reviewed under the POD concept.What he is proposing is
12 unit extension into Tanglewood Park Apa!="tments.The reason he is going
with PUD is that a number of years ago this plan went up for rezoning and it
was denied.They felt that is was inappropriate to go for rezoning again.
The change or mistake rule is unapplicable with the PUD.There is a pUblic
water and sewer available on the site.Mr.Hawbaker sent out the conept
plan to the reviewing agencies.The County Engineer,Soil Conservation,and
Sanitary District have sent in their approvals.Mr.Zombro made a motion to
accept and review the concept plan for Tanglewood.Mr.Iseminger seconded.
So ordered.
303
304 Junkyard Status:
Mr.Prodonovich reminded the Commission that Elwood Grimm was given a
deadline of July 1 for total compliance with the proposed screening at his
junkyard on Route 64.At this time,the earth and dike are in place,but
the planting is not canpleted.Due to the fact that this has not been done
to date,Mr.Prodonovich asked the Commission whether he should file charges
in District Court or just wait.Mr.Byers asked whether filing charges was
the Commission's decision or Mr.Prodonovich's decision as the compliance
officer.Mr.Prodonovich stated that from the instructions that he
,previously received from the Commission,Mr.Grimm was to be completed by
July 1,1986.Mr.Byers feels that it is not the commission's decision
whether to file charges but only whether to grant an extension.Mr.Byers
asked the Commission if it favored an extension,but there was no motion to
grant it.With no action to extend the deadline,Mr.Prodonovich will now
file charges.
Highway Interchange StUdy:
At the July meeting,Mr.Hawbaker brought the Highway Interchange element of
the adopted Work Program before the Commission for the purpose of
reaffirming the significance of the study particularly as it .may result in
the reclassification of properties.At that time,the Commission asked that
the minutes of the February workshop be reviewed along with the tape,if
necessary,to determine the exact nature of the Commission's directions for
the study.Mr.Hawbaker informed the commission that his review of the
record shows that in the February workshop the Commission,by consensus,
took the position that the Highway Interchange boundaries should be pulled
in and that the lands immediately adjacent to the interchanges should be
reserved for industrial and commercial uses.Discussion followed.Mr.
Johns felt that any changes to the present "HI"zoning would subtract from
the rights of property owners who may have purchased land with that zoning
and who intended to utilize it or sell for the highest and best use.Mr.
Hawbaker said that the alternative to changing present zoning around the
interchanges is to do nothing which,he said,will worsen conditions such as
have been experienced around the Maugans Avenue interchange.He asked that
a Commission member volunteer to work with the staff from time to time so as
to be a part of the study effort.Mr.Iseminger moved to continue with the
study and volunteered to be a part of the study effort.Mr.Zombm seconded
the motion.So ordered.
Field Trip for New Developments:
After a brief discussion,it was decided to go on a field trip to view new
developments on August 14,1986 at 1:30 p.m.The Commission will meet at
the rear of the County Office Building.
Work Program Status:
Mr.Hawbaker briefly reviewed the Work Program with the Commission as a mid-
year update of the staff's efforts.Of the principal elements,the Highway
Interchange study is proceeding as discussed earlier,the water shed study
is under way;the transportation study is completed;the Rural Development
element has been set aside because of the priority given the "HI"study;and
the Town Growth Area studies now finished and the Clear Spring and Hancock
study to be started soon.New tasks have been added included work on a
Historic District Ordinance and a major effort for Updating the Census Tract
maps in preparation for the 1990 census.
Mr.Hawbaker passed out recent copies of Article 66B of the Annotated Code
to all the Commission members.
The next meeting date is September 8,1986.The public hearing is set for
September 15,1986.
ADJOURNMENT :
There being no further business,the meeting
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WASHINGTON COUNTY PlANNING COMMISSION
REGULAR MEETING -SEPTEMBER 8,1986
The Washington County Planning Commission held its regular meeting on
September 8,1986 at 7:00 p.m.in the second floor conference room of the
County Office Building.
Present were:Chairman,Jack B.Byers,EX-Officio,Richard E.Roulette,Dr.
Ray Johns,Sidney Salitsky,Judith A.Acord,and Bertrand L.Iseminger.
Staff:Executive Director,Jack S.Hawbaker,Senior Planner,Stephen T.
Goodrich,Associate Planner,Timothy A.Lung,Associate Planner,Lisa A.
Kelly,Deputy Director of Permits and Inspections,Paul Prodonovich,and
Secretary,Janet L.Walkley.Absent were:Vice-Chairman Donald E.Zombro
and Parks Planner,William V.Stachoviak.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
MINUTES:
The minutes of the Regular Meeting of August 4,1986 were approved by a
motion made by Ms.Acord,seconded by Dr.Johns.So ordered.
Mr.Lewis Plummer made a request of the Planning commission to add to the
agenda the site plan for Younger Toyota.Mr.Salitsky made a motion to add
the site plan to the agenda,seconded by Dr.Johns.So ordered.
NEW BUSINESS:
variance Request:
Charles Murrmert:
Miss Kelly presented the variance request for Charles Murrmert.The property
is located along U.S.Route 40,.4 miles east of the town of Clear Spring.
The Mummerts would like to subdivide 14 acres from a total of 25 acres.The
variance is being requested from Section 405.2(A)of the Subdivision
Ordinance which states that the Highway Plan requires a minimum distance of
500 feet between access points on a Minor Arterial roadway.The owners would
like to create a common driveway entrance serving four lots within 500 feet
of an existing 50 foot access.In researching the deed,it was found that
the Murrmerts have the right to use the 50 foot entrance of the adjacent
Trinity Church of God.Therefore,it is unnecessary to create another
entrance when a hardship does not occur.The State Highway Administration
approved the location of a new entrance 300 feet east of the church's,
however,it would rather see the present one utilized.The Murrmerts do not
want to use the existing entrance due to the fact that it would have to be
paved to public standards.Pastor Cleaver of the Trinity Church of God
expressed concern over additional traffic along with the presence of a
daycare center and Christian School.However,if the Murrmerts were to
upgrade the present entrance according to specifications,the church would
have no problem with that.Mr.Iseminger made a motion for approval of a
new entrance based on hardship,seconded by Mr.Roulette.There were three
opposing votes,therefore the variance was denied.
Mary Henson:
Miss Kelly presented the variance request for Mary Henson.The property is
located on the east side of Md.Route 65,.5 miles south of Tilghmanton.
Mrs.Henson would like to subdivide two acres from her 3.7 acre tract and
convey it to her son.The variance is being requested from the minimum
distance requirement of 500 feet between new accesses on a Minor Arterial
roadway.The State Highway Administration has sent in its approval.
However,the access would have to be located directly across from another
residential entrance.The hardship is that Mrs.Henson does not have more
than 500 feet of road frontage on Md.Route 65 to expand the distance
between access points.Mr.Roulette made a motion to grant the variance
based on the hardship that may result from strict compliance,seconded by
Mr.Salitsky.So ordered.
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Ernest &Regina Woodford:
Mr.Lung presented a request for a variance from Ernest and Regina Woodford.
The property is located off the east side of Mt.Lena Road approximately .5
miles south of the Route 64 intersection.The variance is being requested
from Section 405.11(B)of the Subdivision Ordinance which requires that all
new lots have a minimum of 25 feet of public road frontage.Mr.&Mrs.
Woodford would like to purchase 4.21 acres of a 5.21 acre tract which is
currently owned by Virginia Smith.The proposed new lot will not have any
public road frontage and access would be gained from a gravel lane off of
Mt.Lena Road which currently serves two existing dwellings.The variance
is being requested based on the hardship created by the configuration of the
lot and a steep embankment along Mt.Lena Road.Mr.and Mrs.Woodford have
also requested a variance from the Board of Zoning Appeals for a reduction
of the minimum lot size of 3 acres in a Conservation District to I acre for
the remaining lands.Mr.Roulette made a motion to grant the variance based
on the hardship stated above,seconded by Ms.Accord.So ordered.
Washington County National Bank of Clear Spring:
Mr.Goodrich presented a request for a variance related to the proposed
development of the Clear Spring branch of the Washington County National
Bank.The bank is proposing to subdivide a new parcel of approximately .57
acres to add to their existing holdings in order to develop the property.
Subdivision Ordinance Design Principles prohibit new lots divided by a
municipal boundary.The request for the variance is to permit the creation
of a new lot that is divided by the municipal boundary between Washington
County and the Town of Clear Spring.In addition to this request,the
consultant,Mr.Teach,is also requesting clarification of jurisdiction in
subdivision and site plan review.Dr.Johns made a motion to grant the
variance based on the hardship that would result if strict compliance were
required,seconded by Mr.Salitsky.Ms.Acord made a motion to waive the
Commission's jurisdiction in the review of the subdivision and site plan,
seconded by Mr.Salitsky •So ordered.
John Cutrell:
Mr.Goodrich presented a request by the consultant,Mr.Cump,for John
Cutrell for an indication of the Commission's action on the use of a private
right-of-way for a proposed new lot to be conveyance to a family member
prior to the preparation of the plat.The Subdivision Ordinance,Section
405.11 (B)l,permits this type of conveyances but does not compel it.In
April,Mr.Cutrell was granted a variance to create a new lot with only 15
feet of public road frontage and had remaining lands which were to be added
to adjacent lot 3.This request proposes to create a new lot for
development by Mr.Cutrell's son.If this new lot were to be approved,
there would be three lots using the same private right-of-way.Ms.Acord
made a motion to grant staff approval for the conveyances to immediate
family members,Mr.Salitsky seconded,So ordered.
Charles Eby:
Miss Kelly presented a proposal for Mr.Charles Eby who would like to
subdivide 13 acres from his 26 acre tract and convey it to a brother-in-
law.The access would be over an existing lane that goes into the 13
acres.The problem is that Mr.Eby does not own the existing lane.During
deed research,it was found that there is no claim to the existing lane by
any adjacent property owners.Mr.Roulette made a motion to grant approval
for the lot to be subdivided and granted to an immediate family member,
seconded by Dr.Johns.So ordered.
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subdivision &Site Plans:
Flohr Pools:
Miss Kelly presented the preliminary plat and site plan for Flohr Pools.
The site is located in the southeast quandrant of East Oak Ridge Drive and
Oak Ridge Place.The site encompasses approximately 2 acres and is zoned
"HI".The proposed site will include a 50'x 120'building that will be
used for retail sales.Landscaping is proposed in the front,sides and
along the eastern property line.There will be an entrance and an exit only
onto Oak Ridge Place.Two pole-mounted lights will be in the front of the
building and there will also be some building-mounted lights.Signs will be
located to the sides and to the front of the building.The Engineering and
Health Departments have sent in their written approvals.There are
approximately 12 parking spaces and a sidewalk that goes from the front door
to the front of the parking lot.There are no sidewalks to the side.The
staff made a suggestion to the consultant,for safety purposes,that there
be sidewalks parallel to the parking lot.Mr.Roulette made a motion to
approve the preliminary plat and site plan with no revisions,seconded by
Dr.Johns.So ordered.
Holiday Farms,Section 3A:
Mr.Lung presented the preliminary and final subdivision plat for Holiday
Farms Section 3A.The site is located on the north side of Md.Route 64
west of Cavetown.This section consists of six lots varying in size from
23,000 square feet up to 30,600 square feet.Total acreage of the
subdivision is 3.73 acres.The remaining lands of Harlan Bayer,the
developer of Holiday Farms,is 4.91 acres.The proposed six lots will all
have frontage on the Auburn Drive cul-de-sac.Mr.Lung noted that the
Planning Commission granted a variance on August 4,1986 to extend the cul-
de-sac 205 feet over the maximum 600 feet length allowed by the Subdivision
Ordinance.Public water is available and each lot will have its own on-site
septic system.The Health Department imposed additional setbacks on lots
19,20 &21 due to the location of the septic reserve areas.All agency
approvals have been received.Mr.Salitsky made a motion to approve the
preliminary and final plat,seconded by Mr.Iseminger.So ordered.
Tilghrnanton Heights:
Mr.Goodrich presented the 49-lot subdivision for Tilghrnanton Heights,which
is located in the northwest quadrant of the intersection of Md.Route 65 and
Md.Route 63.The property consists of 161 acres and is zoned Agriculture.
The lots range in size from 1 acre to 15 acres and will be served by private
wells and septic systems.New roads,Norman Drive,Norman Court and Snyder
Drive will be built to County specifications.Lack of the Health
Department's approval has delayed the project for some time,but it is
expected shortly.Also the State Highway Administration has added the
condition to its approval that an 800 foot bypass lane be provided on the
east side of Md.Route 65.Dr.Johns made a motion to approve the
preliminary plat contingent upon reciept of the Health Department's written
approval and the State Highway Administration's condition,seconded by Mr.
Salitsky.So ordered.
Interstate Battery Warehouse:
Mr.Lung presented the site plan for Interstate Battery Warehouse which is
located between U.S.Route 40 and Beaver Creek Road,east of Honda of
Hagerstown.The tract covers approximately 6 acres and contains an existing
dwelling,barn and garage.Mr.Wilmer Shank,the developer,is proposing to
construct a 40'x 47'building for the purpose of warehousing batteries.
There will be no retail sales conducted on the site,and the batteries will
be distributed to retailers by truck.Deliveries to the site will consist
of one truck per week.Primary access to the site will be via two gravel
driveways on Beaver Creek Road.There is also an existing access point
onto Route 40.The State Highway Administration approved this access for a
warehouse only,with no on-site retail sales.All agency approvals have
been received.The requirements for bUffering and screening in the "HI"
zone have been met.No additional setbacks or screening were deemed
necessary.Dr.Johns made a motion to approve the site plan,seconded by
Mr.Iseminger.So ordered.
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Wayne Berger:
Mr.Lung presented the site plan for a professional office building proposed
by Wayne Berger.The site is located on the south side of Maugansville
along Maugansville Road.The subdivision of this 2.86 acre parcel along
with buffering and the screening for the proposed use in the "HI"district
was approved by the Planning Carmnission at its July meeting.The proposed
building will cover approximately 4,250 square feet.The site will be
served by public water and sewer.Written approval from the Sanitary
District has been received.Approval from the City Water Department and the
Soil Conservation District is outstanding.All other approvals have been
received.Mr.Salitsky made a motion to approve the site plan conditioned
by the receipt of approvals from the Soil Conservation District and the City
Water Department,seconded by Mr.Roulette.So ordered.
Bulldog Federal Credit Union:
Mr.Lung presented the site plan for Bulldog Federal Credit Union to be
located on a .45 acre parcel owned by the Hagerstown Table Corporation.The
site is located behind the Western Sizzlin'Steak House at the intersection
of York Road and Piper Lane.Access to the Credit Union building will be by
an existing private access road off of York Road which also serves the steak
house.Public water and sewer service is available.All agency approvals
have been received.The site plan calls for a one-way traffic flow around
the proposed building.To accomplish this,the site plan shows painted
arrows on the roadway.The staff felt that the painted arrows were
insufficient to direct traffic in a one-way pattern and recommended that the
developer provide signage at the entrance and the exit indicating the
direction of traffic flow.Ms.Acord made a motion to approve the site plan
based on the directional signs being added,seconded by Mr.Salitsky.So
ordered.
Massey Ford:
Mr.Lung presented the site plan for an addition to the Massey Ford complex
located off of Massey Boulevard and Railway Lane.The site plan calls for
an 11,000 square foot addition to the existing showroom.The proposed
expansion meets all requirements of the Zoning Ordinance.All agency
approvals have been received.Mr.Roulette made a motion to approve the
site plan,seconded by Mr.Iseminger.So ordered.
arHER BUSINESS:
Valley West CarmnercialjOffice Center:
Mr.Lung presented a revised concept plan for Valley West Commercial Center
at the request of the developer,Ms.Carrie Stamper of Milcar Construction
Corporation.The site is located at the southwest corner of the Valley Mall
(Montgomery Wards)parking lot off of Cole Road and is zoned "HI".The
original concept plan called for a paved area within the 75 fact buffer yard
to provide for access to a loading area under the proposed building.This
concept was approved by the Ccmnission at its May 1986 meeting.According
to the developer,further design work has shown that a two level building
with loading on the lower level would not be feasible.The revised concept
plan calls for a single level building with loading occurring within the
originally proposed access area;this area would be posted for loading only
with no parking permitted.Section 19.4 of the zoning Ordinance states that
no structure,manufacturing or processing activity,materials or vehicular
parking shall be permitted in the buffer yard.The developer requested the
Planning Ccmnission's approval of the revised concept plan in order that she
may proceed with the project.Dr.Johns made a motion to approve the
concept plan to modify the design from a two-story building to a one-story
building and to allow for deliveries and loading to occur in the buffer
zone,seconded by Mr.Roulette.So ordered.
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Preliminary Consultation --Scotstoun:
The staff requested interpretation of Section 16.7e(2)of the PUD secton in
the Zoning Ordinance which requires a 50 foot buffer between multi-family
and single family dwellings.The question that arose during the
consultation was whether the buffer applies to townhouses as it does to
apartments.Mr.Hawbaker suggested that in order to save time,the
Commisison defer ruling on the matter until he has had an opportunity to
research the Orinance.He will bring his findings back to the Cormnission at
its OCtober meeting.
Subdivisions and Site Plans:
Younger Toyota:
Mr.Lewis Plummer of Plummer Construction presented the site plan for
Younger Toyota and asked the Commission review with the understanding that
the staff can approve the plan assuming all the agency requirements are
met.The proposed building size is 14,220 square feet.The proposed site
consists of two parcels,with the first parcel being within the County
limits,consisting of approximately 4 acres.The second parcel is located
within the City limits,consisting of 4 to 5 acres.Primary access to the
first parcel will be a ramp coming onto the site.There is a second
entrance that will serve the parcel in the City and Younger Toyota's
dealership.The State Highway Administration wanted to limit them to one
access;however,since it is two parcels of land and two seperate deeds,
State Highway Administration has discussed as an option to consideration of
the two entrances.Mr.Younger would consider using the one as an in-only
and the other as both entrance and exit.Mr.Salitsky made a motion to
grant the staff authority to approve the site plan based on all agency
approvals being obtained.Seconded by Dr.Johns.So ordered.
McShea &Company,Inc.
Mr.Lung presented a Preliminary and Final subdivision plat for McShea &
Company,located in the Washington County Business Park south of Md.Route
144 and east of interstate 1-81.The proposed lot is located on the corner
of Route 144 and Western Maryland Parkway.The tract consists of
approximately 3 acres and is zoned Industrial General.The proposed use is
an office and warehouse.Public water and sewer is available.Approvals
from the Water Pollution Control and the City Water Department have been
received along with all other agency approvals.Mr.Lung noted that a site
plan will be required prior to any development on the lot.Mr.Iseminger
made a motion to approve the preliminary and final subdivision plat,
seconded by Mr.Salitsky.So ordered.
COMMUNICATIONS:
Letter -Board of Realtors:
A letter from Robert Everly,President of the Greater Hagerstown Board of
Realtors,was considered by the Commission.The Realtors organization has
proposed that they be involved directly in the Highway Interchange study.
The Commission,in discussing the matter,concluded that the involvement of
a special interest group in such a study would provide them with priviledged
information and could result in problems contrary to the interests of the
general pUblic.The Commission asked the Executive Director to respond to
the Realtors explaining that there will be an opportunity for involvement at
the time the staff makes a presentation of its findings to the Commission
prior to a pUblic hearing.
OTHER BUSINESS:
I &A Systems:
Washington County has been issued a grant for $37,500 from the State of
Maryland for the investigation of the Innovative and Alternative Sewage
Disposal Systems.There will be a presentation on September 23,1986 to the
County Commissioners by the State Health Department.The purpose of this
program is to provide a grant of up to 50%to property owners where lots of
records are experiencing failing septic systems.
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Historic District Zoning:
Mr.Goodrich presented a brief summary of the proposed Historic Preservation
District amendment to the Zoning Ordinance.The County Commissioners
directed the staff to develope a new text for the Historic Preservation
District.The new text will set guidelines for the establishment of the
Historic District Commission,give them duties and powers,set standards for
the review of new applications for new Historic Preservation Districts,and
also set standards by which the building permits will be reviewed when
changes are proposed to exterior features of the structure in a Historic
Preservation District.They would also be applied to new construction in a
Historict Preservation District.There are two amendments to other sections
of the Zoning Ordinance.They address guidelines the staff must follow when
they study a rezoning case and appeals from the Historic District
Commission.
Mr.Hawbaker reminded the Commission of the Rezoning hearing on September 15
at 7:00 p.m.
ADJOURNMENT :
There being no further business,the me«det;it1,Qwa~/adj
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WASHINGTON COUNTY PIANNING COMMISSION
REGULAR MEETING -OCTOBER 6,1986
The Washington County Planning Commission held its regular meeting on
OCtober 6,1986 at 7:00 p.m.in the second floor conference room of the
County Office Building.
Present were:Chairman,Jack B.Byers;Ex-officio,Richard E.Roulette;
Dr.Ray Johns;Sidney Salitsky;Judith A.Acord;Bertrand L.Iseminger.
Staff:Executive Director,Jack S.Hawbaker;Senior Planner,Stephen T.
Goodrich;Parks Planner,William V.Stachoviak;Associate Planner,Timothy
A.Lung;Associate Planner,Lisa A.Kelly;Deputy Director of Permits and
Inspections,Paul Prodonovich;Secretary,Carol A.Miller.Absent were:
Vice-Chairman,Donald E.Zcmbro.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
ADDITION TO AGENDA:
Alex Moyseenko of W.J.Teach &Associates made a request of the Planning
Commission to add to the agenda a site plan for Fairview Orchards Associa-
tion/Home Federal Savings Bank.Due to the fact that there had not been
sufficient time for the Planning Staff to review the plan,there was no
motion made to add the matter to the agenda.
MINUTES:
The minutes of the Regular Meeting of September 8,1986 were approved by a
'motion made by Mr.Salitsky,seconded by Mr.Iseminger.So ordered.
Mr.Byers noted that the September minutes recorded the Preliminary
Consultation for Scotstoun and showed that Section 16.7e(2)was to be
researched pertaining to setback between townhouses and single-family homes.
Mr.Hawbaker said that time had not permitted the completion of this
research and that it would be on the November agenda.
COMMUNICATIONS:
Larry Iseminger was present from the Funkstown Volunteer Fire Department.
Due to current and future development in the small industrial park on Oak
Ridge Place,concern is being expressed regarding the non-existence of a
water supply to the site.There is currently a 12"line on Oakmont Drive
that comes from the south and terminates at UPS.There is no water line on
Oak Ridge Drive between the Sharpsburg Pike and Oak Ridge Place.Mr.
Hawbaker questioned whether the Funkstown Volunteer Fire Department has
discussed this matter with the City of Hagerstown,and Mr.Iseminger replied
affirmatively but that the City's position has never been clear.Mr.
Iseminger requested that the Planning Commission defer any further develop-
ment in the Oak Ridge Place industrial park until this matter is resolved.
Mr.Byers asked if the Planning Staff could research the issue during the
coming month to determine who has the responsibility.Mr.Hawbaker stated
that he would contact the City Administrator,William Breichner,and the
County Administrator,Barry Teach for direction as to where the responsi-
bility does lie.
NEW BUSINESS:
Variance Requests:
Charles Mummert
Miss Kelly presented the variance request for Charles Mummert.The property
is located .4 miles east of Clear Spring,on the north side of U.S.Route
40.The variance is being requested from Section 405.11(B)of the Sub-
division Ordinance which states that new lots shall have a minimum of 25
feet of public road frontage.The owners would like to create five new lots
with ingress and egress to be provided by a 50 foot wide private right of
way.One of the five lots,Lot 5,has the potential for 10 or 11 more lots.
311
312Miss Kelly pointed out that this request is identical to the one that was
presented in August 1986.Mr.Gerald Cump stated that he had received a
letter from the State Highway Administration advising that they approve of
the proposal.He further stated that there are no plans to develop Lot 5;
it will be retained for agricultural use.It was pointed out that the
Trinity Church of God is not interested in sharing the cost of upgrading the
access to a County road.Mr.Roulette proposed making the right of way to
Lot 5 fifty feet,since the Church owns the fifty foot right of way and the
Mummerts have the easement.Mr.Roulette made a motion to grant the
variance based on a hardship pending the increase of the access to Lot 5 to
fifty feet,seconded by Mr.Iseminger.Dr.Johns was opposed.The motion
carried,therefore,the variance was granted.
Chester A.Younker
Miss Kelly presented the variance request for Chester A.Younker.The
property is located on the east side of Seavolt Road,approximately one mile
south of Orchard Road in Hancock.The variance is being requested fran
Section 405.11(B)of the Subdivision Ordinance which states that all new
lots have a minimum of 25 feet of public road frontage.The owner would
like to create a new lot without public road frontage with access to be
provided over an existing farm road.99 acres of land remain on this site.
Mr.Salitsky made a motion for disapproval,seconded by Ms.Acord.So
ordered.
William P.Weber
Mr.Lung presented the variance request for William P.Weber.The property
is located on the north side of Laurel Drive in the Orchard Hills Sub-
division.The variance is being requested fran Section 405.11.B of the
Subdivision Ordinance which states that all new lots shall abut a street
that has been dedicated to public use and accepted for public maintenance,
and the Highway Plan which requires a future right of way dedication of 25
feet fran the centerline of a local road.The owner would like to create a
new lot without frontage on a road maintained by the County (Lot #8);as
well create two new lots without dedication of future right of way.Mr.
Lung referred to the County Engineer,Glenn Dull's approval and comments
regarding the requests being made.Mr.Roulette made a motion for approval
of creating a lot without road frontage based on hardship,seconded by Dr.
Johns.So ordered.Mr.Roulette made a motion for approval of creating two
new lots without dedication of future right of way based on hardship and
also based on Mr.Dull's comments,seconded by Mr.Salitsky.So ordered.
Maugansville Elevator &Lumber Co.
Mr.Goodrich presented the variance request for Maugansville Elevator &
Lumber Co.The property is located on the west side of North Street and
south of Penn Central Railroad tracks in Maugansville.The variance is
being requested fran Section 405.11(B)of the Subdivision Ordinance which
requires that all new lots have 25 feet of public road frontage.The owner
would like to create a new parcel in the rear of the site without road
frontage.The owner is proposing to provide access to the rear lot via a
right of way across the front.The 25 foot right of way will require
removal of one storage building and a portion of another one.Currently,
the rear portion of the lot appears to be using a driveway adjacent to the
railroad tracks.The owner shares a rental fee with the railroad to use
this drive-way.Ms.Acord made a motion for approval based on hardship,
seconded by Mr.Salitsky.So ordered.
Subdivisions and Site Plans
Lula E.Custer,et al.,Lots 4-12
Miss Kelly presented the preliminary and final subdivision plat for Lula E.
Custer,et al.,Lots 4-12 which is a proposed nine-lot subdivision consist-
ing of single-family development.It is located on the west side of Hope-
well Road and is the remaining 50 acres of a previously-larger tract.The
lots range in size from 2.6 acres to 13.4 acres.All sites will have
private water and sewer facilities.Two lots will be served by a 25 foot
strip panhandles.Approvals have been received from the Health Department
and the County Engineer.Ms.Acord made a motion to approve the preliminary
and final plat,seconded by Dr.Johns.So ordered.
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Hi-Tech Leasing
Mr.Lung presented the site plan for Hi-Tech Leasing which is located on the
east side of Robinwood Drive,400 feet south of Route 64.The tract which
is zoned BL contains 13.2 acres and is served by public water.Sewerage
will be handled by an on-site septic system.The Department of Pennits and
Inspections have received approvals from all agencies except the Health
Department.The Health Department has approved the perc test and the 10,000
square foot reserve area,but has requested additional infonnation concern-
ing the design of the system.Mr.Salitsky made a motion to approve the
site plan pending receipt of Health Department approval,seconded by Mr.
Roulette.So ordered.
preliminary Consultation:
Gary Swartz
Mr.Lung infonned the Canrnission that a consultation was held for Gary
Swartz (Virginia L.Hull is the owner of the land,Gary Swartz is the
developer).The Canrnission had reviewed the consultation summary and had no
further questions.No action was required.
aTHER BUSINESS:
Hub Commercial Center
In July,the Planning Canrnission approved a preliminary and final sub-
division plat for a 4.13 acre parcel located on Martin Road with a zoning of
"HI".At that time,a 200 x 200 foot building was proposed;however,the
proposed building is now larger and different than what was originally shown
.on the plat.In addition to enforcing the 75 foot buffer yard requirement,
the Planning Commission also has the authority to impose additional buffer-
ing and/or screening.The Staff's recommendation was that no additional
buffers or setbacks are necessary.It was noted that the applicant is in
the process of obtaining a variance from the Board of Zoning Appeals
regarding the 75 foot buffer yard along the southern property line.By a
consensus,the Canrnission decided not to impose any additional requirements.
Grimm's Junkyard
Donna Miller,representing Elwood Grimm,brought the Canrnission up to date
regarding both the Route 63 and the Route 64 sites.Trees have been on
order since April for the screening of the Route 64 site,but,due to the
drought conditions,they cannot be delivered until October 15,to be planted
OCtober 16 (however,she asked for leniency to the 20th to insure the job).
She emphasized they were not stalling but that it was merely impossible to
plant any sooner.She added that privet hedge will be planted instead of
the previously-discussed forsythia.
Ms.Miller asked that consideration be given to allow parking between the
fence and highway at the Durbin site.Mr.Byers advised her that the
Canrnission could not make such a decision without a staff recommendation and
possibly a field trip to the site.She was advised to submit a detailed
scale drawing to Pennits and Inspections and the State Highway Administra-
tion showing the proposed parking.
Mr.Roulette suggested that if Mr.Prodonovich detennines the privet shrub
to be comparable to forsythia,and that if the off-street parking can be
resolved between Mr.Prodonovich and the State Highway Administration,Mr.
Prodonovich be given the authority to approve same.The Commission agreed
by consensus.
NEW BUSINESS (continued):
Standard Acoustical Products,Inc.of Maryland
Mr.Lung presented the preliminary plat and site plan for Standard
Acoustical Products,Inc.of Maryland.The proposed office and warehouse
complex is located in the Washington County Business Park on the east side
of Western Maryland Parkway.Proposed on the 9.29 acre parcel are three
buildings to be constructed in two phases.Access is provided by two
entrances;one is off Western Maryland Parkway,and the other is off the
access road serving Tandy Corp.The site is served by public water and
313
314 sewer.The consultant has also provided the information requested regarding
parking and loading areas for the future buildings.Approvals have been
received from all agencies,and the plan meets all requirements of the
Zoning and Subdivision Ordinances.Mr.Roulette made a motion to approve
the preliminary plat and site plan,seconded by Mr.Salitsky.So ordered.
OTHER BUSINESS (continued):
Qpen Space Dedication
Mr.Stachoviak presented the Commission with the results of his investiga-
tion regarding its request for examples of alternatives for Urban Growth
Area neighborhood parks and open space dedication.He presented the
different methods of determination:Density,population,percentage and
fee-in-lieu alternative.Mr.Stachoviak's study revealed an 83 acre
neighborhood parks/open space need in the Urban Growth Area and 247 acres of
community parks/open space and county/regional parks above the standard.
Assuming that the surplus will not remain indefinitely and that there will
always be a need for neighborhood parks,the Commission decided by consensus
that the staff should develop several types of amendments for the Ordinance
to be presented to the Commission at a later date.
A.C.&T.Co.,Inc.
Mr.Hawbaker asked that the site plan of A.C.&T.Co.,Inc.be added to
the agenda.On a motion made by Mr.Iseminger,seconded by Mr.Salitsky,
the Commission approved the addition of the site plan being added to the
agenda.So ordered.
The property is located at the end of Halfway Boulevard and Hopewell Road,
and the proposal is to add canopies to new gas pumps in the front and rear
of the existing facilities.The reason for the request is to determine
whether the Commission will impose any additional requirements in the HI
district.A motion was made by Mr.Salitsky to approve the plan as
presented,seconded by Mr.Roulette.So ordered.
Younger Toyota
Mr.Lung advised that as a result of a meeting with Evan Smith,the
consultant and the developer regarding the access onto Route 40,it was
determined that problems exist with the easternmost access near the west-
bound ramp of 1-70 and the design of the western access.The consultant
agreed to make the necessary changes to correct the problem.Mr.Lung is
now awaiting a revised site plan.No action was required.
600 foot cul-de-sac
Mr.Hawbaker presented the proposed text amendment for cul-de-sac length.
He stated that he had spoken with a representative of the Halfway Volunteer
Fire Department,and they have no problem with eliminating the 600 foot
requirement.Slight revisions were made to his proposal which will be
presented at the next public rezoning hearing.
At this point in the meeting,a question was raised concerning the Planning
Commission's right to impose the 75 foot buffer yard requirement in HI
districts and whether it is necessary that such an issue be presented to the
Commission.If,after staff review,it is felt that there is a need for
additional setbacks,then it could come before the Commission.However,in
instances where the staff does not see the need for additional requirements,
such a decision could be made at that level.The Commission decided by
consensus to allow the staff to make the decision concerning the "other
requirements"provision of Section 19.3(b).
Rezoning cases from 9/15/1986 public hearing
RZ-337 --Richard G.Wolfinger Estate --A to RS
Mr.Hawbaker presented a letter from Attorney Roger Schlossberg requesting
that this case be withdrawn.
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RZ-345 --Ernest W.Ausherman,et a1.--RU to RU-PUD
A correction is to be made to the last sentence in the second paragraph on
the first page of the Staff Recommendation.The word "exceptable"should be
"acceptable".
After a thorough discussion and consideration,on a motion made by Dr.
Johns,seconded by Mr.Salitsky,the Cormnission voted to recommend to the
county Commissioners that the request for rezoning be approved,with the
condition that it not set a precedent for future PUD applications,and a
further condition that the site improvements be subject to further review at
the development plan stage.So ordered.
RZ-346 and 347 --Map and Text Amendment --Article 20,Section 25.4 and
27.3
Mr.Goodrich reviewed the areas of change being proposed in the Ordinance.
Mr.Salitsky made a motion,seconded by Dr.Johns to eliminate paragraph
"e.)"in Section 20.1.So ordered.Dr.Johns made a motion,seconded by
Mr.Salitsky,and the Cormnission voted to recommend to the County
Commissioners that the Ordinance and related map amendments be approved,
pending the changes being made.So ordered.
RZ-348 --Text Amendment --Section 23.1 (f)
A motion was made by Mr.Salitsky,seconded by Dr.Johns to recommend to the
County Commissioners that this case be approved based on the Staff
Recommendations.So ordered.
There being no further business,the meeting w..as adjourned at 10:30 p.m.1/J"///t~~1/I/j4~
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.Jack B>'Byers,·Ch ~n
316 WASHINGWN COUNTY PLANNING COMMISSION
REGULAR MEETING --November 3,1986
The Washington County Planning Commission held its regular meeting on
November 3,1986 at 7:00 p.m.in the second floor conference room in the
County Office Building.
Present were:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro;
Ex-Officio,Richard E.Roulette;Bertrand L.Iseminger;Judith A.Acord;
Dr.Ray M.Johns;Sidney Salitsky.Staff:Executive Director,Jack S.
Hawbaker;Senior Planner,Stephen T.Goodrich;Associate Planner,Timothy A.
Lung;Associate Planner,Lisa A.Kelly;Deputy Director of Pennits and
Inspections,Paul Prodonovich;Secretary,Janet L.King.
CALL W ORDER:
The meeting was called to order by the Chainnan at 7:00 p.m.
ADDITION W THE AGENDA:
There was a request to add three items to the agenda:U.S.Pole and
Supply,Younger Toyota,and John R.Oliver Company.Mr.Roulette made a
motion to add these three items to the agenda,seconded by Mr.Iseminger.
So ordered.
MINUTES:
The minutes of the regular meeting of October 6,1986 were approved by a
motion by Dr.Johns,seconded by Mr.Iseminger.So ordered.
·COMMUNICATIONS:
The Commission was reminded of the postponement of the Public Rezoning
Hearing on November 17,1986.The hearing will be on January 12,1987.
NEW BUSINESS:
Variance Requests:
Silas Martin:
Mr.Lung presented a variance request for Silas Martin.The site is located
on north side of U.S.Route 40,approximately two (2)miles west of Huyetts
Crossroads.Mr.Martin would like to subdivide his 11.9 acre parcel into
two (2)lots.Lot #1 to have 7 acres with an existing dwelling and a barn,
also with an existing driveway onto Route 40.Lot #2 is to be subdivided
off as a building lot,containing 4.91 acres.The Highway Plan classifies
Route 40 as a Minor Arterial Highway with a minimum driveway seperation of
500 feet.The proposed driveway for Lot #2 is 150 feet from the existing
driveway to the east and is approximately 120 feet from theentrance to the
Country Boy Drive-in to the west.The State Highway Administration states
that they have no minimum access separation requirements,but they would
prefer to see as few access points as possible along Route 40;recommending
a shared access to the subdivision.Fred Frederick,consultant for Mr.
Martin,explained that a shared access would be both impractical and
undesirable.Subdividing the parcel to allow for a shared access would
require an irregular shaped lot which would not meet the minimum lot width
requirements and would result in three driveways entering Rt.40 at nearly
the same location.Dr.Johns made a motion to approve the variance based on
hardship,seconded by Mr.Roulette.So ordered.
Deniel Horst:
Miss Kelly presented the variance request for Daniel Horst.The site is
located on the southwest side of the Cearfoss Pike,approximately .6 miles
southeast of its intersection with the Greencastle pike.Mr.Horst would
like to subdivide a 1 acre parcel from his 37 acre tract.The variance is
being requested from Section 405.2(A)of the Subdivision Ordinance which
requires a 500 foot separation between an existing access and a proposed
access on a minor arterial roadway.The proposed lot will lie adjacent to
an existing lot whose proposed driveway will be approximately 160 feet from
the proposed entrance.A letter from Mr.Shinham,the adjacent property
owner,was received stating that he was not interested in moving his
driveway or having a shared entrance.Mr.Roulette made a motion to approve
the variance based on a hardship of strict compliance of the Zoning
Ordinance pending the relocation of the driveway to the southeast,seconded
by Ms.Acord.So ordered.
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Goldie Seibert:
Mr.Goodrich presented the variance for Goldie Seibert.The site is located
on the south side of Mulberry Street in Clear Spring and near the
interchange of Md.Route 68 and Interstate 70.The proposed parcel is to be
divided by the Municipal Boundary between the Town of Clear Spring and
Washington County.Mr.Cump is asking the Planning Commission to permit the
creation of a new lot divided by the Municipal Boundary and to waive its
jurisdiction in the review of any plats or plans that might be required by
the Town of Clear Spring.The proposed lot will contain the new Clear
Spring Post Office.All improvements will be in the Town of Clear Spring.
Mr.Zombro moved to approve the variance and to defer to the Town of Clear
Spring for plat approval since the majority of the land lies within the
Town's jurisdiction,seconded by Mr.Salitsky.So ordered.
Subdivisions:
Denis &Susan Rocco:
Both the staff and Mr.William Wantz,attorney for Denis Rocco,presented
the Planning Commission with the factual background of the original Novinger
tract.After due consideration of all the facts,the Planning Commission
voted to approve the subdivision of the 9.71 acres into two new lots,with
the understanding that the one lot would be conveyed to an immediate family
member.The motion to approve the subdivision was made by Mr.Zombro,
seconded by Ms.Acord.So ordered.
Deer Path Acres:
Mr.Lung presented the preliminary and final subdivision for Deer Path
Acres.Approval is being requested for a 17 lot Residential subdivision
located on the east side of Valley Road.All the lots will have access onto
a new County Road,which will be called Deer Path,and it will connect with
Valley Road at two (2)locations.Each lot will have private,individual,
wells and septic systems.The Commission was made aware of a petition
signed by residents of the area who are opposed to this subdivision and any
further subdivision on Valley Road.Approvals have been received from all
the approving agencies except for the Health Department,who has requested
revisions to some of the well and septic locations.The Health Dept.has
also requested that two (2)test wells be drilled to determine water
quality.The motion to approve the subdivision was made by Mr.Iseminger
conditioned upon the Health Department's final approvals,seconded by Mr.
Salitsky.So ordered.
site Plans:
Fairview Orchards:
Mr.Lung presented the site plan for Fairview Orchards,Home Federal Savings
Bank.The building is to be located on a 1.6 acre leased parcel which is
owned by Fairview Orchards Association,and it is located on the south side
of Md.Route 144 approximately 1/2 mile west of the Interstate 70 ramp.The
proposed building is to be connected to the Town of Hancock water and sewer
lines.A letter from Dan Fleming,Water and Sewer Commissioner for the Town
of Hancock,states that adequate water is available.Sewage service is
available providing that the bank,at their expense,install pumping
facilities,if necessary,and lines to connect into the town's main gravity
line.All agency approvals have been received,including the County
Engineer and the Soil Conservation District.The staff suggests in order to
improve the traffic flow through the site,the parking spaces to the west
either be angled 90 degrees or that parking be moved to the other side of
the access lane;and to remove the concrete barrier at the southern end of
the lot.The motion to approve the site plan was made by Mr.Salitsky
pending the changes of the parking facilities,seconded by Mr.Iseminger.
So ordered.
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3180TIlER BUSINESS:
John R.Oliver Company:
The applicant is proposing a site plan for Snavely Garden Center in a "BL"
zoning district and is asking that the Commission defer to the staff for
approval when the site plan is submitted.The motion to allow the staff to
grant approval was made by Mr.Zombro,seconded by Mr.Iseminger.So
ordered.
U.S.Pole &Supply:
The applicant is requesting that the Planning Commission defer to the staff
for approval of the subdivision plat when it is submitted.The motion to
allow the staff to grant approval was made by Mr.Salitsky,seconded by Ms.
Acord.So ordered.
Younger Toyota:
The Younger Toyota site plan was added to the agenda at the September
meeting with the Commission defering to the staff for review and approval
with the understanding that it would be brought back to the Commission for
any problems.Mr.Hawbaker explained to the Planning Commission that he has
reviewed the site and he doesn't feel that it provides enough safety for the
easternmost access.He suggested to Mr.Plummer and to Fox and Associates
that they consider a frontage road to be served by the western point of
access.He also suggested to the Commission to make a field trip to inspect
the site.Mr.Roulette felt that the Commission need not rule on the
easternmost access since the parcel is in the City.He pointed out that any
redesign resulting from the City's review of the eastern access would
-require the site plan to come back to the Commission.Mr.Steve Goodrich
emphasized that the site plan should be reviewed in respect to the unified
development without seperating the County/City jurisdictional question.Mr.
Hawbaker informed the Commission that a seperate site plan has been
submitted by Fox and Associates to the City Planning Commission for the
parcel that lies in the City's jurisdiction and that the Hagerstown Planning
Commission was scheduled to review the application on November 12,1986.
The motion to approve the site plan as designed for that portion lying in
the County,deferring to the Hagerstown Planning Commission for the access
design in the city was made by Dr.Johns,seconded by Mr.Zombro.So
ordered.The Planning Commission asked Mr.Hawbaker to contact the State
Highway Administration to reduce the speed limit in the area of the new
Younger Toyota site.
UNFINISHED BUSINESS:
PUD Requirements --Scotstoun:
During the August meeting,the Commission asked Mr.Hawbaker to review the
requirement for uses adjacent to single-family dwellings in a PUD,and as to
whether townhouses are governed by the setback requirements in a multi-
family residential use.Mr.Hawbaker stated that he felt the townhouses do
not apply to the multi-family definition.A multi-family dwelling is
defined by the Ordinance as a building containing three or more dwelling
units (an apartment house).
PRELIMINARY CONSULTATION:
Glaize Maryland Orchards:
Mr.Lung explained that a copy of the minutes from the Preliminary
Consultation for Glaize Maryland Orchards was included in the packet and it
needed no further explanation.
Meir Schecter:
Mr.Lung explained that following the Preliminary Consultation,Mr.Paul
Prodonovich,Deputy Director of Permits and Inspections,informed Mr.
Schecter in writting that the proposed development could be permitted in the
Agricultural district as a summer camp,but could not be allowed for year-
round use.
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OTHER BUSINESS:
Oak Ridge Drive Water --Information:
Mr.Hawbaker informed the Commission of his meeting with Barry Teach,County
Administrator,and William Breichner,City Administrator,in regards to the
water problem on Oak Ridge Drive.There is nothing that could be done at
present time to solve the problem.It is not City policy or County policy
to construct pUblic water lines.Any future development on Oak Ridge Drive
should be reviewed by the Planning Commission in light of the concerns
expressed by the Funkstown Volunteer Fire Department.
ADJOURNMENT:
There being no further business,the meeting was adjourned at 9:10 p.m.
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320
WASHINGTON COUNTY PLANNING CDMMISSION
REGULAR MEETING --December 1,1986
The Washington County Planning commission held its regular meeting on
December 1,1986 at 7:00 p.m.in the second floor conference room in the
County Office Building.
Present were:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro;Ex-
Officio,Richard E.Roulette;Bertrand L.Iseminger,Judith A.Acord,Sidney
Salitisky.Staff:Executive Director,Jack S.Hawbaker,Senior Planner,
Stephen T.Goodrich,Associate Planner,Timothy A.Lung;Associate Planner,
Lisa A.Kelly;Parks Planner,William V.Stachoviak;Deputy Director of
Permits and Inspections;Paul Prodonovich.Absent was Dr.Ray Johns.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
ADDITION TO THE AGENDA:
Three items were requested to be added to the agenda.Malcom Davis of
Davis,Renn and Shrader asked the Planning Commission to grant authority to
the staff for approving a I-lot commercial subdivision for the separation of
the business location of Davis,Renn and Shrader from the lands owned by
William Durron.Mr.Davis explained that due to tax considerations,it is
necessary that this subdivision be processed before the end of the 1986.On
a motion by Mr.Roulette and seconded by Mr.Zombro,the Planning Commission
voted unanimously to add the matter to the agenda and concurrently to give
~he staff authority to approve the subdivision plat.
Fred Frederick of Frederick,Seibert Associates requested that Fountainhead
Plaza be added to the agenda.On a motion by Mr.Zombro and seconded by Mr.
Salitsky,the Planning Commission voted unanimously to add Fountainhead
Plaza to the agenda.
On a motion by Mr.Salitsky and seconded by Mr.Zombro,the Planning
Commission voted unanimously to add Rezoning Case RZ-339 dealing with the
Business Transitional District to the agenda for discussion.
MINUTES:
Mr.Byers pointed out a correction necessary to the last line of the
paragraph on the second page of the agenda dealing with the Goldie Seibert
subdivision and asked Mr.Hawbaker make the sentence structure correction in
order that the November minutes may be approved.On a motion by Mr.Zombro
and seconded by Mr.Salitsky,the correction to the minutes was authorized
and the minutes approved.
NEW BUSINESS:
variance Requests:
Ralston and Hoover:
Mr.Goodrich presented a variance request for Mr.&Mrs.Noel Ralston for a
subdivision of land on the southside of Hicksville Road near Rockdale Road.
Lot 4B was approved in 1978 as a simplified plat and without 25 feet of
public road frontage.The Ralston's are now proposing to develop the lot
which does not meet the Ordinance requirements since 25 feet of road
frontage is required and the lot only has 17.5 feet.After discussion,the
motion was made by Mr.Zombro and seconded by Mr.Iseminger to approve the
variance based on hardship that would result from strict compliance to the
regulations as requested.So moved.
Henry Springirth:
Mr.Springirth is requesting that the Planning Commission waive the right-
of-way dedication requirement for a lot he proposes to develop on Reno
Monument Road,a local road under the County Highway Plan classification.
The right-of-way requirement on the local road is 25 feet from center line.
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Mr.Springirth is requesting this waiver of dedication because of a physical
hardship imposed by the slope of the property.Concurrent with his request
before the Commission,Mr.Springirth has also filed for a variance from the
front yard setback in a Conservation District with the Board of Zoning
Appeals.That hearing before the Appeals Board is scheduled for December
10.The staff explained to the Commission that the County Engineer
recommended disapproval of this request because of problems that would be
caused in the future should the road need to be improved.Mr.Hawbaker
explained to the Commission that the granting of the waiver of the
dedication requirement will not assure that the road would not be widened in
the future or that there would not be a conflict between road widening and
the location of the house.Waiver of the dedication requirement will only
result in the County government paying the property owner for future land
acquisition should the road have to be widened.He explained that the
purpose of the dedication is to assure future granting of the necessary area
of Mr.Springirth's lot to the County at such time road widening is
required.On a motion by Mr.Roulette with a second by Ms.Acord,the
Planning Commission voted to table the matter pending a resolution by the
Board of Zoning Appeals following this public hearing on December 10.So
moved.
Subdivisions:
Ridge View Acres:
Miss Kelly presented the 7-10t residential subdivision for Ridge View Acres,
located on SpikIer Road.All agency approvals have been received with no
adverse comments.On a motion by Mr.Salitsky and a second by Mr.Zombro,
the Planning Commission voted to grant both preliminary and final approval
~o the subdivision.So moved.
Preliminary Consultations:
Alan Bauroth:
The Alan Bauroth Preliminary Consultation was on the agenda for the Planning
Commission's information with no additional information to be presented by
the staff.By concensus,the Commission recognized the minutes of the
Preliminary Consultation.
OTHER BUSINESS:
Fountainhead Plaza:
Mr.Frederick and Mr.Asad M.Ghattas,owner of Office Suppliers,Inc.
presented to the Planning Commission a review of the concept plan and
initial development for Fountainhead Plaza.Fountainhead Plaza was approved
in 1976 by the Planning Commission,and that initial concept was never
developed.Mr.Ghattas now proposes to begin his development utilizing the
same general concept as the original design with one building being proposed
at present.After discussion,the Planning Commission voted to grant,on a
motion by Mr.Salitsky and seconded by Mr.Roulette,authority to the staff
to complete its review of the site plan and to respond to the Permits and
Inspections Department once all requirements have been met.
Subdivision Open Space Dedication:
Mr.Stachoviak presented the proposed Zoning Ordinance text for the Open
Space and neighborhood parks dedication that have previously been discussed
by the Commission.The current proposal suggests that the Open Space
dedication requirement be limited to subdivisions with 99 or more lots with
provisions for ownership and maintenance by a homeowner's association.
After consideration and discussion,the Planning Commission asked the staff
to explore the matter futher and return with a proposal in the future that
provides for dedication of such Open Space areas to the public for operation
and maintenance by the County government.
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Rezoning Case RZ-339:
Rezoning case RZ-339 was taken to public hearing on September 15 and
subsequently reviewed by the County Commissioners after a recommendation of
approval was forwarded by the Planning Commission.The County Commissioners
have suggested that the Principle Permitted Use category be expanded from
the four permitted uses that were initially listed.Banks,child care
facilities,clinics,and office buildings were originally proposed,and the
Board of County Commissioners has suggested that the list be expanded to
include shoe repair shops,specialty shops,stationery stores,tailor shops,
florist shops,and beauty and barber shops.Antique shops were suggested to
be added to the special exception list with florist shops and beauty and
barber shops being transferred from special exceptions to principle
permitted uses.After discussion,the Planning Commission was of the
opinion that specialty shops would be better treated as a special exception
rather than a principle permitted use thereby giving the application the
benefit of review at a public hearing.In addition,the Planning Commission
asked the staff to include an "any other category"in the special exception
list provided those other uses are compatible with the principle permitted
uses listed.By concensus,the Commission directed the staff to amend the
text for RZ-339 to advertise for the January 12 public hearing.
ADJOURNMENT:
There being no further business,the meeting was adjourned at 8:30.
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