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HomeMy WebLinkAbout1987 Minutes~ ~ (I') (!J o::::r: o::::r: WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING --January 5,1987 The Washington County Planning Commission held its regular meeting on January 5,1987 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 Salitsky,Dr.Ray 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.King. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 p.m. MINUTES: Mr.Zombro pointed out that the variance for Ralston and Hoover during the December's regular meeting should be amended to read that it was approved due to the hardship which would result from strict compliance with the Ordinance. Mr.Byers pointed out that the minutes of the December regular meeting should be amended to state that the November minutes were approved. oh a motion by Mr.Zombro and seconded by Mr.Iseminger,the minutes of the December meeting were adopted as amended.So ordered. NEW BUSINESS: Variances: Glendon L.Smith: Mr.Lung presented the variance for Glendon L.Smith to create a new lot with an access point less than 500 feet from an existing driveway onto a Minor Arterial highway.The site is located on the westside of Md.Rt.66 south of Mill Point Road.Mr.Smith purchased a 3.3 acre lot which he is proposing to subdivide into two lots.The existing lot has an approved driveway location.A new shared entrance at the proposed new lot line is not possible due to poor site distance.The proposed location of the entrance to the new lot is the best for sight distance,however,it's only 40 feet north of an existing driveway to the Leslie Grim property.The State Highway Administration stated that they would prefer to see a shared entrance but would approve of the two driveways if a shared entrance is not possible.Mr.Smith approached Mr.Grim concerning the sharing of this driveway,but cannot meet an agreement.Dr.Johns made a motion to grant the variance based on the hardship which result from strict compliance with the regulations,seconded by Mr.Roulette.So ordered. Van Lear Manor,Section 9: Mr.Lung presented the variance for Van Lear Manor to create two lots with access points less than 500 feet apart onto a Minor Arterial highway.The site is located along Rt.11 north of Williamsport.Lot #1 will have direct access onto Rt.11 at a location 270 feet north of Wilcox Drive,lot #2 will have access onto a proposed future street across from Davis Drive.The State Highway Administration has no objections to the proposed driveway locations.Mr.Iseminger made a motion to grant the variance based on the hardship which result from strict compliance with the regulations,seconded by Mr.Salitsky •So ordered. 323 324 John Herbst: Miss Kelly presented two variances for John Herbst.The site of the first variance is located on the east side of Md.Rt.64.Mr.Herbst is proposing to subdivide an 8 acre lot off of his 76 acre tract.The proposed entrance to this lot will be located approximately 430 feet from an existing farm lane entrance which will serve the remaining lands.The variance request is from that ordinance requirement which states that all new accesses on a Minor Arterial roadway be 500 feet apart.Mr.Zombro made a motion to grant the variance based on the hardship which would result from strict compliance with the regulations,seconded by Ms.Acord.So ordered. Mr.Herbst's second variance request is to create a lot that has less than the required 25 feet of road frontage.Mr.Herbst is proposing to create a 3 acre lot which will be served by an existing 14 foot panhandle that fronts onto Kretsinger Road.The proposed lot will consist of an existing house and farm outbuildings.Mr.Zombro made a motion to grant the variance due to the hardship of taking away prime farmland,seconded by Mr.Roulette.So ordered. Subdivisions: McMullan-Graves Farm: Mr.Lung presented the Preliminary plat for a 29-10t Residential subdivision on approximately 46 acres,which is located on the west side of Independence Road.The area is zoned Agriculture and the proposed lots range from 1 acre to 2.75 acres.All lots will front onto Independence Road.The Health Department has granted approval stating that some reserve areas be adjusted and existing wells should be shown on the tracing.Revisions have been made and sent to the Health Department,but no written approval has been received.The County Engineer disapproved the original submittal for the following reasons:1)The road network in the area is inadequate to handle the additional traffic generated by the subdivision,2)the four 90 degree curves on Independence Road need to be flattened out,3)the site distance for 14 out of the 31 lots is insufficient,and 4)the site grading plan for lot 30 would be necessary on the final plat.The Consultant made revisions to the plat and resubmitted it to the County Engineer.After reviewing the revised plat,the County Engineer still disapproved of the plat for the following reasons:1)it had not been worked out who would pay for the curve flattening and 2)he stated again that the road system in the area is inadequate and not able to handle the additional traffic.The Consultant relocated driveways to improve the site distance and he also provided an additional dedicated right-of-way area sufficient to flatten out the curves as a result of this,two lots were eliminated.All other agency approvals have been received.After a brief discussion,Mr.Roulette made a motion to table the subdivision plat until a meeting can be arranged with the County Commissioners,the County Engineer and Mr.McMullan to try to resolve the problem.Seconded by Mr.Salitsky •So ordered. Charles Semler,Lots 1-4: Miss Kelly presented the Preliminary and Final subdivision plat for Charles Semler,lots 1-4,consisting of a Residential development.The site is located in the northeast quadrant of the intersection of Mt.Lena Road and Rt.64.Mr.Semler is proposing to subdivide his 4.14 acres into four Residential lots approximately 1 acre in size.All lots will have private water and sewer.All agency approvals except the Health Department have been received.Written approval is expected shortly.The existing entrance onto Md.Rt.64 from proposed lot #1 is to be eliminated per State Highway Administration request.Mr.Salitsky made a motion to grant the preliminary/final subdivision contingent on Health Department approval,Mr. Roulette seconded.So ordered. -::j" -::j" (Y) CJ <::( <::( Honey-In-The-Rock: Mr.Lung presented the Preliminary and Final subdivision plat for a l4-lot Residential subdivision on the Gossard Mill Road.The site is zoned Agriculture and the lots vary in size from 1 acre to 1.9 acres.Each lot will have individual well and septic systems.All lots except lot #14 will have access onto a proposed new road which will be constructed to County standards and dedicated to the County to be known as Pontius Lane.The Health Department has approved the plat,along with the County Engineer. The County Engineer commented that some changes to the roadway plan and profile be made.The Consultant made the revisions and has received the County Engineer's approval.Mr.,Zombro made a motion to grant the subdivision,seconded by Ms.Acord.So ordered. Maple Hills: Mr.Lung presented the Preliminary and Final subdivision plat for a 6-lot Residential subdivision located on a 50 acre site.The site is zoned Agriculture and the lots vary in size from 6 acres to 12 acres.Each lot will have its own well and septic system.Lots #1,#2,and #3 will have access onto Md.Rt.66;these entrances have been approved by the State Highway Administration and meet all requirements of the Highway Plan.Lots #4,#5,and #6 will have access onto Keadle Road.The State Highway Administration and the County Engineer have approved the plat.The Health Department has requested that the existing wells and septic areas within 100 feet of the new property line be shown on the tracing.The Consultant made the changes and submitted the revised copy to the Health Department,but no reply has been received.Mr.Salitsky made a motion to grant the subdivision contigent upon the Health Department's approval,seconded by Mr. Iseminger.So ordered. Site Plans: Mr.Lung presented the site plan for Hagerstown Table Corporation.The 5.4 acre parcel which is zoned Business Local is located near the intersection of Halfway Boulevard and York Road.The proposed use will be called 'The Village'and will consist of a 10,600 square foot building containing retail shops.The access to the building will be via a private access road which also serves the Bull Dog Federal Credit Union and the parking lot for the Sizzlin Steak House.Parking for the proposed building will be provided in three lots,which will provide 64 parking spaces;62 are required. Landscaping for the site is provided by an existing tree line located to the east and the developer is proposing some various species of junipers and white pine to be located around the parking area,the building,and the storm water management pond.Sewer service will be provided by an extension of an existing sewer lateral in the private access road.Water service will be provided by an extension of an existing line from Piper Lane.All approvals have been received.The site plan meets all the requirements of the Zoning Ordinance.Mr.Salitsky made a motion to approve the site plan, seconded by Ms.Acord.So ordered. OTHER BUSINESS Zoning Matters: Mr.Paul Prodonovich brought to the Planning Commission's attention that he felt that Maryland Metals should be shielded from the traveling public along Eastern Boulevard.Mr.Kerstein,President of Maryland Metals,feels that the 6-8 foot high fence is sufficient screening.After a brief discussion, a suggestion was made to visit the Maryland Metals site during the Commission's field trip.Mr.Salitsky made a motion to table the subject until after visiting the site,seconded by Mr.Roulette.So ordered. Mr.Prodonovich also brought to the attention of the Planning Commission that he has received several calls in which people want to use tractor trailers on their property as storage facilities.At this time,there is not anything in the Zoning Ordinance to exclude that type of trailer as permitted as a storage building.The staff was asked by the Commission to research the problem and report back with a suggestion for a Zoning Ordinance text amendment. 325 326 Subdivisions: Herbert &Pamela Campbell: Mr.Lung presented the Preliminary and Final plat for a 3-1ot Residential subdivision located on Md.Rt.491.The site is zoned Conservation.Lots #1 and #2 contain approximately 3 acres each,lot #3 contains approximately 6 acres with an existing dwelling.A variance was approved by the Zoning Appeals Board to reduce the lot width on lots #1 and #2.Each lot will have its own well and septic system.The site will be served by the Highfield Water System;service should be available by November,1987.Lots #1 and #2 will be required to hook onto the system,however,a waiver was granted by the Sanitary District for the connection for lot #3.All approvals have been received.Mr.Zombro made a motion to approve the subdivision, seconded by Dr.Johns.So ordered. Preliminary Consultation: Van Lear Manor,Section 8 &9: The Van Lear Manor,Section 8 & 9 Preliminary Consultation was on the agenda for the Planning Commission's information only with no additional information to be presented by the staff.By concensus,the Commission recognized the minutes of the Preliminary Consultation. OTHER BUSINESS: Highway Interchange -Workshop Date: .The workshop date for the Planning Commission to discuss a section of the Highway Interchange and give recommendations to classify those areas will be on Friday,January 23 at 1:30 p.m. Field Trip: The field trip to view the sites of the rezoning cases and to visit the Maryland Metals site will be on Monday,January 19 at 1:30 p.m. 1987 Work Program: The Planning Commission decided not to pursue further studies with Rural Development and Agricultural Land Preservation policies of the Comprehensive Plan in the 1987 Work Program.Dr.Johns feels that we should start studying the rural villages in the County to provide for some business uses in support of those rural villages.The staff was asked to add this to the Work Program.Mr.Roulette feels that we need to investigate ways to afford protection through zoning for the Antietam Battlefield,but at the same time permitting those uses that may not cause a conflict with the conservation nature of that particular area. Rezoning Cases: Mr.Hawbaker passed out the information for the Rezoning Hearing and reminded the Commission of the Public Hearing on Monday,January 12,1987 at 7:00 p.m. AillOURNMENT: There being no further business,the meeting was adjourned at 9:30 p.m. //) /fG;)!:M~ / //.Jack l3'y/.n eq eq (I') (9 <:( <:( WASHINGTON COUNTY PLANNING COMMISSION REGUIAR MEETING -February 2,1987 The Washington County Planning Commission held its regular meting on February 2,1987 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;Dr.Ray Johns;and Judith A.Acord.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.King.Absent was Sidney Salitsky. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 p.m. MINUTES: Mr.Roulette made a motion to adopt the minutes of the January meeting as written,seconded by Mr.Iseminger.So ordered. There was a request to add two items to the agenda:McMullan-Graves Farm, which was tabled during the January meeting,and Hagerstown Mall.Mr. Roulette made a motion to add McMullan-Graves Farm to the agenda,seconded by Mr.Iseminger.Mr.Roulette made a motion to add Hagerstown Mall to the agenda,seconded by Mr.Iseminger.So ordered. NEW BUSINESS: Variances: Bernard W.Moleskie,Jr.: Miss Kelly presented a variance for Bernard Moleski.The subject site is located On the northwest side of U.S.40,approximately two miles west of Clear Spring.Mr.Moleski is proposing to subdivide his 26 acre tract into two parcels.Proposed lot #1 encompasses 21 acres and currently has no existing buildings on it.The remaining lands consit of 4.5 acres and has a house and two mobile homes on it.The variance is being requested from the section of the Subdivision Ordinance which states that all newly created lots have 25 feet of pUblic road frontage.Proposed lot #1 will be located to the rear of Mr.Moleskie's property.Access to this lot will be via an existing driveway which serves the existing dwellings.If subdivision were to occur,this would allow 4.5 acres for one existing house and two mobile homes.This matter would then have to go to the Board of Appeals.The State Highway Administration has nO problem with the proposed lot using this entrance,but if any further subdivision were to occur,a commercial entrance permit would be needed.Mr.Roulette made a motion to grant the variance based On the hardship which would result from strict compliance of the ordinance,seconded by Mr.Iseminger.So ordered. Subdivisions: Stoneleigh Estates: Mr.Lung presented the Preliminary/Final subdivision for Stoneleigh Estates Section D,Lots 25-28,which is located On the west side of Fairplay Road. The subject parcel is zoned Agriculture.The lots vary in size from 7 acres to 34 acres.The County Engineer has approved of the subdivision.Each lot will have its own private well and septic system.The Health Dept.has approved the plat on the condition that some minor revisions be made.The revisions have been made by the consultant prior to the meeting.In 1981, the Planning Commission limited the number of lots in Stone leigh Estates to 26 due to the condition of Fairplay Road.In May of 1986,the Planning Commission increased the limit to 28 lots.The staff recommended that there should be a note placed on the plat stating that nO further subdivision of these lots will be permitted until Fairplay Road is upgraded per County requirements.The plan meets all the requirements of the Subdivision 327 328 ""0 d"omb d"hOrdInanceandtheZonIngrInance.Mr.Z ro ma e a motIon to grant t e subdivision contingent upon the note being placed on the plat regarding further development of the subdivision until Fairplay Road is upgraded.Mr. Iseminger seconded.So ordered. McMullan-Graves Farm: Mr.Roulette explained that the County Commissioners met with Glen Dull, County Engineer,and Mr.McMullan to discuss the problem of site distance. The Commissioners have decided with the Planning Commission's approval to accept the Right-of-Way offered by Mr.McMullan and that Mr.McMullan in conjunction with the County Engineer develop a plan to shave back the ground on the curves on Independence Road to increase the site distance as the County Engineer sees fit.There was no decision in regard to road improvements by the County at this time.Mr.Roulette made a motion to grant the subdivision based on the County Engineer's approval of the site distance and also the Right-of-Way offered by Mr.McMullan,seconded by Mr. Iseminger.So ordered. COMMUNICATIONS: The Executive Director presented a letter to the Commission from W.J. and Associates requesting a 90-day extension for Robinwood Court III. Iseminger made a motion to grant the 90-day extension,seconded by Dr. Johns.So ordered. ornER BUSINESS: Agricultural District Application -Paula Toms: Teach Mr. "Mr.Goodrich presented an Agricultural Preservation District application from Paula Toms.The farm is located on the south side of Cool Hollow Road, 1/2 mile east of U.S.40 between Hagerstown and Boonsboro.The Planning Commission determines the establishment of a Preservation District conforms with the County's Comprehensive Plan.The farm is approximately 75 acres in size,which doesn't meet the State's requirements of 100 acres.However, this property is adjacent to two other properties already in the Agricultural District.Mr.Zombro made a motion to recommend approval of the application because it does not conflict with the Comprehensive Plan, seconded by Dr.Johns.So ordered. Water and Sewerage Plan: Mr.Goodrich presented 1987 Revision of the Water and Sewerage Plan,a biennial update is required by the State.The staff changed and updated priorities,on individual parcels but no new properties were proposed for public service.Text changes were also made to indicate new or updated plans and information. After a brief discussion,no action was needed by the Planning Commission. Maryland Metals Screening: The Maryland Metals screening was discussed during the January meeting and after a brief discussion,it was decided that the Commission view the site. Mr.Prodonovich stated that he felt that there should be additional screening at the Maryland Metals site due to the motoring public on Eastern Boulevard.The Planning Commission feels that sreening would be difficult to achieve unless 40 foot trees could be planted between the road and the railroad tracks.The suggestion was made that the County Commissioners should view the site in regards to the screening,and let them make a recommendation.Mr.Iseminger made a motion to refer the problem to the County Commissioners for their recommendation,seconded by Dr.Johns.So ordered. 'r;;;t 'r;;;t (Y) (9 <:( <:( Text Amendments: Mr.Hawbaker informed the Commission that these two Text Amendments have been proposed by the Board of County Commissioners and sent to the Planning Commission for its information. Mr.Prodonovich explained that election signs are permitted in all districts without a permit.There is no limit in when to put up a sign or when to take it down.In the past,the County has been following the same rules as the State follows.The Commission had no recommendation and did not need to take any action on the Election Signs. Mr.Prodonovich explained that the Text Amendment for Temporary and Portable Signs is also sponsored by the County Commissioners and its purpose is to delete the prohibition on temporary and portable signs to allow that type of advertising provided the sign's area is limited to 35 square feet.The Planning Commission recommended that the "temporary"provision be deleted because of possible enforcement difficulties and asked Mr.Prodonovich to get with Barry Teach to amend the application. Hagerstown Mall: Merle Holsinger of Associated Engineering Sciences requested that the Planning Commission grant authority to Mr.Hawbaker to approve the acquisition of three parcels of land by the Simplified Plat process.Mr. Zornbro made a motion to grant the authority to the staff to have total review of the site inclUding these three acquired parcels will be accomplished by the Commission when the site plan is submitted.Seconded by Ms.Acord.So ordered. Highway Interchange Briefing: Mr.Lung presented the findings of the first phase of the Highway Interchange Study to the Commission. During the first workshop session held on January 23,the staff and the Commission discussed the Interchange areas from State Line to Maugans Avenue.Before forming recommendations to take to the Board of County Commissioners and to public hearing,the Commission decided to first conclude its analysis of Interchange #3 extending southward from Maugans Avenue to Salem Avenue. The next workshop date for the Planning Commission and staff to discuss the section from Maugans Avenue to Salem Avenue will be on February 20,1987 at 1:30 p.m. Rezoning Cases -January 12,1987 Public Hearing: 329 RZ-349 Charles Sifler 1M to A A rnction was made by Dr.Johns to recommend to the County Commissioners that this case be approved based on the findings of fact in the Staff Recommendation.Ms.Acord seconded.So ordered. RZ-350 Christian S.Martin A to BG Mr.Hawbaker informed the Commission that this rezoning case was withdrawn on February 2,1987. RZ-35l Text Amendment BT Zone A motion was made by Mr.Zornbro to recommend to the County Commissioners to insert the new BT Zone into the Zoning Ordinance as it was presented at the public hearing.Mr.Iseminger seconded.So ordered. S-3 -Text Amendment Cul-de-sac Length A rnction was made by Mr.Iseminger to recommend to the County Commissioners deletion of the 600 foot length on cul-de-sacs and to leave the limit up to the Planning staff.Mr.Zornbro seconded.So ordered. 330 Mr.Roulette abstained from voting on the Rezoning Cases pending the County Commissioners recommendations. On January 27,1987,Mr.Byers and Mr.Hawbaker presented the 87-88 Work Program to the County Commissioners that was adopted by the Planning Commission on January 5..The County Commissioners suggested that the following matters be added to the Work Program: 1.)Consider extension of existing roadways at interchanges such as at Showalter Road and Maugansville Road. 2.)Truck stops may be inappropriate in some areas of the County, particularly near residential developments. 3.)Reoommend possible new interchanges to the State Highway Administration for the future such as at Alt.40 and 1-70. 4.)Consider a special Townhouse Zoning,which is currently only permitted in Residential Multi-family districts. 5.)Investigate a tie-in between Eastern Boulevard and Robinwood Drivel Hagerstown Junior College area. There being no further business,the meeting was adjourned at 9:00 p.m. /.7 //f/////.//--//1-~g// ////acrck B By',~~•ers,ChaiRman ~ ~ (Y) (9 <t <t WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -MARCH 2,1987 The Washington County Planning Commission held its regular meeting on March 2,1987 at 7:00 p.m.in the second floor conference room in the County Office Building. Present were:Chairman,Jack B.Byers,Ex-Officio,Richard E.Roulette, Bertrand L.Iseminger,and Dr.Ray Johns.Staff:Executive Director,Jack S.Hawbaker,Senior Planner,Stephen T.Goodrich;Associate Planner,Lisa A. Kelly,Deputy Director of Permits &Inspections,Paul Prodonovich and Secretary,Janet L.King.Absent were Vice-Chairman,Donald E.Zombro; Judith A.Acord;Sidney Salitsky;Timothy A.Lung,Associate Planner;and William V.Stachoviak,Parks Planner. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 p.m. ADDITION TO AGENDA: Mr.Mike Shrader of Davis,Renn and Shrader made a request to add the Sheetz Convenience Store to the agenda.Mr.Roulette made a motion to add the Sheetz Store to the agenda,seconded by Mr.Iseminger.So ordered. MINUTES: Mr.Iseminger made a motion to approve the minutes of the Regular Meeting of February 2,1987 as written,seconded by Dr.Johns.So ordered. VARIANCES: Kathyrn Kershner: Miss Kelly presented the variance request for Kathyrn Kershner.The subject site is located on the east side of the Downsville Pike.Mrs.Kershner is proposing to create three new lots from her existing 14 acre tract.The proposed new lots will be approximately 2 - 4 acres in size.The variance is being requested from Section 405.1l(B)of the Subdivision Ordinance which requires that all lots have pUblic road frontage.Access to these proposed lots will be via an existing farm lane which serves approximately five residences and is approximately 15'wide with brush on both sides.Mr. Roulette made a motion to approve the variance based on hardship which would result from strict compliance with the Ordinance and also based on the condition that there be a restriction for no further development until the lane is improved.Mr.Iseminger seconded the motion.Mr.Roulette and Mr. Iseminger voted to approve the variance but Dr.Johns and Mr.Byers voted no.With a tied vote,the motion to approve the variance failed.So ordered. James E.Harrell: Miss Kelly presented the variance for James Harrell.The subject site is located on the east side of Lane's Run Road,south of its intersection of Hanging Rock Road and Catholic Church Road.Mr.Harrell is proposing to create a 1 acre lot from his existing 135 acre farm.The variance is being requested from Section 405.11(B)of the Subdivision Ordinance which states that all new lots have public road frontage.Access to this proposed lot will be provided by a private lane which serves an existing farm.The topography along adjacent sections of Lane's Run Road would make the addition of new access difficult.The inclusion of the farm lane with the proposed subdivision would leave the existing farm without access.Mr. Iseminger made a motion to grant the variance based on topography hardship, seconded by Mr.Roulette.So ordered. 331 332 John Kendle: Miss Kelly presented the variance for John Kendle.The subject site is located on the south side of Old Maryland Route 68,.3 miles west of its intersection with New Maryland Route 68.Mr.Kendle is proposing to create a 5 acre lot from his existing 176 acre farm.The variance is being requested from Section 405.11 (B)which requires that all new lots have public road frontage.Access to the proposed lot will be provided by a private right-of-way which will be located on the remaining lands of Mr. Kendle.The site has road frontage on New Maryland Route 68,however that will not be used.They are creating an access onto Old Maryland Route 68. After some concerns were stressed over the proposed private right-of-way, the variance request was tabled until next month's meeting. SUBDIVISIONS: Susan's Orchards: Miss Kelly presented the Preliminary and Final subdivision plat for Susan's Orchards,Section B,lots 1-5.The proposed subdivision is located on the east side of the Mercersburg Road.The proposed lots will range in size from 2 to 22 acres and will be used for Residential development.Each of the 5 lots will have its own well and private sewer system.All agency approvals have been received except for the Health Department.A written approval is expected shortly.Mr.Iseminger made a motion to grant preliminary and final approval for Susan's Orchards based on the Health Department's approval,seconded by Dr.Johns.So ordered. Lewis Estates: Miss Kelly presented the preliminary and final subdivision plat for Lewis Estates,lots 1-4.The subject site is located in the northwest quadrant of the intersection of Mt.Lena Road and Republican Avenue,just south of Smithsburg.The site is currently zoned Agriculture.The owners are proposing to subdivide a total of 6 acres from their 98 acre tract.Each new lot will be 1.5 acres in size and will have a private well and septic system.All requirements of the Subdivision and Zoning Ordinance have been met and all agency approvals have been received.Dr.Johns made a motion to grant preliminary and final approval for Lewis Estates,seconded by Mr. Roulette.So ordered. SITE PLAN: B &B Auto Glass: Mr.Hawbaker presented the site plan for B &B Auto Glass which is located on the northeast quandrant of Virginia Avenue and Marbern Road.There will be one access to Marbern Road 97'from centerline of the Virginia Avenue intersection,and the existing access onto Virginia Avenue will be eliminated.The landscaping on the site with Japenese yews and Northern red oaks are to be planted in the islands along Virginia Avenue and Marbern Road.Mr.Iseminger made a motion to approve the site plan as submitted, seconded by Mr.Roulette with the condition that any deviation from the plan will require Commission review.So ordered. OTHER BUSINESS: Dennis Minnick: Mr.Hawbaker presented the subdivision for Dennis Minnick to the Planning Commission for authority to go through the simplified plat process for 4 lots on Pleasant Valley Road.Mr.Minnick is proposing to subdivide these lots to an immediate family member.Mr.Roulette made a motion to approve the subdivision through the simplified plat process and to give staff authority to approve the SUbdivision after all agency approvals have been received.Seconded by Mr.Iseminger.So ordered. "'""'"(Y) (9 «« Xerxes Corporation: Mr.Fred Papa of Fox and Associates requested that the Planning Commission give the authority to the staff to approve the site plan for Xerxes Corporation.The subject site is located in the 70/81 Industrial Park and is zoned "IG".Mr.Papa stated that the City Water Department,Washington County Sanitary District and the Washington County Engineer have no problem with the proposed site plan.After a brief discussion,Mr.Roulette made a motion to give the staff authority to approve the site plan based on the condition if the staff feels there is a problem they will bring it before the Planning Commission for its review,seconded by Dr.Johns.So ordered. Sheetz Convenience Store: Mr.Mike Shrader of Davis,Renn and Shrader presented the site plan for the Sheetz Store to the Planning Commission.The proposed site is located at the intersection of Pennsylvania Avenue and Maugans Avenue.The site is approximately .98 acres in size and is zoned "BG".Public water and Sewer will be available.There will be an entrance and exit on U.S.Route 11 for right turn only as well as an entrance on Maugans Avenue.There is a 2500 square foot building proposed with three gas pumps with a canopy.Storm water management approval has been received from the Washington County Engineer.Mr.Shrader is requesting approval be given to the staff subsequent to any comments made by the reviewing agencies.Mr.Goodrich stated that there is a restriction on the original plat for the Maugans Avenue access.If any development is to occur,the existing right-of-way must be used as shown on the plat.Mr.Roulette made a motion to approve the subdivision based on the condition that is stated on the plat.If the condition cannot be met,the plat and site plan must come back to the Planning Commission for its approval.Mr.Iseminger seconded the motion. So ordered. COMMUNICATIONS: Letter Board of Realtors: Mr.Hawbaker presented a letter from Joy Snyder of Re/Max requesting that she be put on the mailing list for copies of the monthly meeting's minutes. Mr.Byers stated that the meetings are public and that the minutes are on file in the Planning Commission office for the public to view.The Commission asked Mr.Hawbaker to SO notify Ms.Snyder. PRELIMINARY CONSULTATION: Susan's Orchards: The Preliminary Consulation for Susan's Orchards was presented to the Planning Commission for its information only with nothing to be added by the staff. OTHER BUSINESS: Site Plan Review Policy: Mr.Hawbaker asked the Commission to consider granting the staff the authority for approving all site plans in light of the Commission's action on individual requests from developers over the past several years.Mr. Byers expressed concern that the waiver of plan review by the Commission was creating unfairness toward those developers who do not ask for special treatment.Mr.Hawbaker reminded the Commission of its adopted policy for site plan submittal and review and explained that the reason for the suggested change in procedure was to effect fair treatment for all parties. Dr.Johns moved to grant the staff authority to approve all site plans,but the motion died for lack of a second.The Commission asked Mr.Hawbaker to study alternative ways of accomplishing site plan review and approval and to report back to the Commission at the next regular meeting. 333 334 Clear Spring &Hancock Town Growth Area: Mr.Hawbaker informed the Planning Commission that he has contacted Clear Spring and Hancock Town Halls regarding the Town Growth Area Study but has not received any answer to date.He asked if the Commission wanted to appoint a member to accompany the staff once the studies have begun.After a brief discussion,the matter was tabled until the staff hears from the towns regarding the Town Growth Area Study. Watershed Study: Mr.Hawbaker and Miss Kelly both explained to the Commission that the Water- shed Study is now complete,thereby fulfilling that part of the Comprehensive Plan implementation.They informed the Commission that although the study becomes somewhat moot in light of recent City of Hagerstown intentions to close the reservoirs and use river water,the findings of the study are nevertheless valid and will be useful for future reference.Copies of the study were supplied to the Commission with the agenda packets.No action was taken by the Commission. Highway Interchange Study: Due to the fact that there were three Planning Commission members absent, the Highway Interchange Study was tabled until next month's meeting. FY '88 Budget: Mr.Hawbaker presented the budget for FY '88 to the Planning Commission for its review.This will be presented to the Board of County Commissioners during the month of March.After discussion,the Commission approved the budget request as proposed. ADJOURNMENT: There being no further business,the meeting was adjourned at 9:30 p.m. ?~/ /1 /////l;~o///~ Jack B/•Byers C ~-~,lrman "'""'"(Y) (!) <:( <:( WASHINGTON COUNTY PLANNING COMMISSION REGUlAR MEETING -APRIL 6,1987 The Washington County Planning Commission held its regular meeting on April 6,1987 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,Dr.Ray Johns,and Judith A.Acord.Staff:Executive Director,Jack S.Hawbaker;Senior Planner,Stephen T.Goodrich;Associate Planner;Timothy A.Lung;Associate Planner,Lisa A.Kelly;Associate Planner,William V.Stachoviak;Deputy Director of Permits and Inspections,Paul Prodonovich,and Secretary,Janet L.King.Absent was:Sidney Salitsky. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 p.m. MINUTES: Dr.Johns made a motion to approve the minutes of the March 2,1987 meeting as written,seconded by Mr.Iseminger.So ordered. NEW BUSINESS: Variances: .Andy and Pamela Stamper: Miss Kelly presented the variance for Andy and Pamela Stamper.The site is located in the northeast quandrant of the intersection of Security Road and Antietam Drive.Mr.Stamper is proposing to subdivide a I-acre lot off of his 5-acre tract.The proposed lot has no existing structures.The variance is being requested from Section 405.11(B)of the Subdivision Ordinance which states that all new lots shall have 25 feet of public road frontage.The proposed lot is to be subdivided off the rear portion of the Stamper's land.Access is to provided by a private right-of-way which is owned and maintained by the Independent Cement Corporation.The intended use of the proposed site is for a car and truck repair shop.A letter was received from Mr.Stamper's attorney stating that Mr.Stamper has the right to allow a third party to use the right-of-way that is stated in his deed. A letter was also received from Mr.Beaty,the plant manager of Independent Cement Corporation,stating that they are aware of the subdivision and have no objections.Ms.Acord made a motion to grant the variance based on the hardship that would result from strict compliance to the Ordinance,seconded by Mr.Zombro.So ordered. Paul Ritchey: Mr.Lung presented the variance for Paul Ritchey,which 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.The proposed site is off the end of Learning Lane and located on the south side of Route 40 west of Hagerstown. In May,1985,the Planning Commission denied a request by Mr.Ritchey to subdivide two lots to place mobile homes without the required road frontage. Following the denial of that request,Mr.Ritchey placed mobile homes on the property without subdividing.These two mobile homes are using the existing lane as the source of access.At that time,there appeared to be a limit on access points onto Learning Lane and the Planning Commission asked the staff to research the problem.In May,1986,Mr.Ritchey made a request to subdivide lot #6 for two dwellings that would also have access through the existing lane.This variance request was withdrawn prior to that meeting. 335 336 Since that time,the matter of limiting the access points onto Learning Lane has been cleared up.The County Commissioners cannot find any documentation of there ever being a limit to the number of access points on Learning Lane.This matter was turned over to Glenn Dull,County Engineer.Mr.Dull stated that in order to satisfy the Engineering Department,Learning Lane must be improved to 18 feet paving width from the last school entrance to the end of Mr.Ritchey's property frontage.These improvements are to be made at the developer's expense.These requirements were confirmed by a letter from Ron Bowers,President of the Board of County Commissioners,to Mr.Ritchey dated March 30,1987. Mr.Ritchey is now requesting a variance to subdivide the property where the two mobile homes are located and also to subdivide what was originally lot #6 into three lots for single-family dwellings.All of the proposed lots will use the existing lane as access.Two of the lots would have public road frontage onto Learning Lane due to the fact that Mr.Ritchey owns approximately 38 feet of frontage.The other three lots would have no frontage onto Learning Lane.The Health Department has confirmed that perc tests have been passed for these three lots and there are existing wells and septic systems on the lots for the mobile homes. Mr.Ritchey stated that the lot where the mobile homes are located is part of 12.69 acres.He cannot use the access onto Walnut Point Road because the frontage is only 16 feet wide.Mr.Ritchey tried to obtain land from adjacent property owners for additional road frontage,but failed. Mr.Shoemaker and Mr.Martin,both adjacent property owners,spoke in opposition to the variance request. Dr.Johns made a motion to deny the variance request due to the lack of a hardship,seconded by Mr.Zombro.Unanimously approved. Mr.Byers,Chairman of the Planning Commission,informed Mr.Ritchey that he does have an option to subdivide in the normal manner under which the Subdivision Ordinance permits,if he were to ask for a variance from the 50 foot public street width to a 38 foot street width.This proposal would be taken to the County Engineer for his approval. Subdivisions: County Commissioners,Parcel F: Miss Kelly presented the preliminary and final plat for the County Commissioners,Parcel F.This is a single-lot commercial subdivision consisting of 2.5 acres and is currently zoned Industrial General.The site is located in the southwest quandrant of the intersection of Western Maryland Parkway and MD Route 144.The lot will be served by public water and sewer.All Subdivision and Zoning Ordinance requirements have been met, and all agency approvals have been received.Mr.Zombro made a motion to approve the preliminary and final plat,seconded by Mr.Iseminger. So ordered. Van Lear Manor,Section 8: Mr.Lung presented the preliminary and final subdivision for Van Lear Manor, Section 8,which is a 13-10t residential subdivision located along Daub Road and Sterling Road in the Williamsport area.The site is zoned Residential Rural and is located within the Urban Growth Area.The site is served by public water and sewer.Prior to the application for subdivision,the developer,R.Lee Downey,dedicated approximately .5 acres to the County in order to realign the Daub Road/Sterling Road intersection.This realignment will be completed before construction of any dwellings.The County Engineer,Hagertown Water Department and Sanitary District have requested minor revisions to the plan which have been made.A final approval letter has been received from the County Engineer;however,written approval from the Water Department and Sanitary District is still needed.The Health Department's approval is pending their receipt of the extension permits from the State Health Department.Mr.Zombro made a motion to approve the preliminary and final plat contingent upon the receipt of approval letters from the outstanding agencies,seconded by Ms.Acord.So ordered. ~ ~ ('I) <.9 <t: <t: Greenside Apartments,Phase II (Preliminary Plat): Mr.Goodrich presented the proposal for six single-family residential building lots located north of Maugansville.When Greenside Apartments Phase I was constructed,North Street was extended from Binkley Avenue.The average lot size is 16,300 square feet,and each lot will front on North Street Extended and will be served by public water and sewer. The present underground drainage system consisting of 24"pipe is to abandoned.The County Engineer is requiring that an easement be established to accommodate a new channel.The drainage will be diverted behind lots 4, 5,and 6,between lots 3 and 4,underneath North Street extended and into a channel that is already existing on the south side of Greenside Apartments. The County Engineer has given his approval with three conditions for the final plat.Those conditions are as follows:1.)A clear understanding that the County is participating in the cost of the construction of the channel, but not responsible for having the work completed;this will be the developer's responsibility,2.)a typical cross-section of the channel be shown on the final plat and 3.)a note on the final plat stating that no permits will be issued for lots 3,4,5 and 6 until the drainage channel is completed.Mr.Dull has recommended that the homes be built without basements because of the high water table in Maugansville.The County Engineer has approved this subdivision with conditions;the Sanitary District has approved without conditions.Mr.Goodrich feels that the approval from the Health Department will be no problem once the approval from the Hagerstown Water Department has been received.The Water Department has no problem hooking up the 6 lots to the public water system. However,they are requiring a fire hydrant located somewhere in the vicinity of lots 1 and 2.The developer of the subdivision does not agree with the Water Department's suggestion of additional fire hydrants.Mr.Malcolm Davis,consultant,feels that there are adequate fire hydrants in the subdivision and in the apartment complex. Mr.Roulette made a motion to grant preliminary approval of the subdivision and staff authority for final approval based on the conditions from the County Engineer,approval of the location of fire hydrants to be worked out with the Water Department.Mr.Iseminger seconded.So ordered. Site Plans: Maugansville Bible Brethern Church: Mr.Lung presented the site plan for Maugansville Bible Brethern Church. The proposed church is to be located on a 3-acre parcel at the intersection of Binkley Avenue and North Street in Maugansville.The site is zoned Highway Interchange and is subject to all the buffer yard requirements of that district.The property is served by public water and sewer.Approvals from the Sanitary District and the County Engineer have been received; however,approval from the Hagerstown Water Department is still outstanding. The Water Department is requesting that a fire hydrant be located at the corner of Mountain View Avenue and Binkley Avenue. When the original subdivision was approved in 1985,the proposed building and parking area were located within the buffer yard.When the first submittal was received,it provided none of the required screening around the buffer yards and it also showed the parking area infringing into the buffer yards.A memo was sent to the consultant to make these and other minor revisions to the plan.They have added vegetative screening around the parking area;however,the access lane surrounding the parking spaces still infringes into the buffer yard.This infringement is anywhere from 25 feet to the front to 51 feet to the rear of the site. Mr.Jerry Rowe,representing the church,asked that they be allowed to provide parking for only 300 seats in the sanctuary even though there will be 416 seats eventually provided.Additional parking would be added when the congregation grows to fill all the seats. 337 338 After a brief discussion regarding the screening and parking problems,Mr. Iseminger made a motion to approve the site plan contingent upon the following:1.)the number of seats in the sanctuary be reduced if the parking is to be reduced,2.)the access lanes which infringe on the buffer yards should be reduced to 24 feet in width,3.)provide landscaping strips around the parking spaces to discourage parking in the access lanes,and 4.)receipt of an approval letter from the Hagerstown Water Department. Mr.Roulette seconded.So ordered. Budget Host Inn: Mr.Lung presented the site plan for Budget Host Inn,which is to be located on the site of the existing Timber Ridge Motel off of MD Route 615 at Timber Ridge Road #3.The site consists of 5.19 acres and is zoned BG.The existing motel has 13 rooms and a single-family dwelling.The new building is to be located to the west of the existing building and will have 24 rooms.The site will be served by on-site well and septic systems which have been approved by the Health Department.Landscaping will be provided by the existing trees and shrubs in addition to some new crabapple trees. Access to the site is by two existing entrances onto MD Route 615.Comments have been received from the State Highway Administration and they request improvements to these entrances;decel and accel lanes and paving width increased from 25 feet to 30 feet.All other agency approvals have been received.Mr.Zombro made a motion to approve the site plan contingent upon approval from the State Highway Administration.Dr.Johns seconded.So ordered. Antietam Iron Works: Miss Kelly presented the preliminary plat and site plan for Antietam Iron Works,located on the east side of Hump Road and approximately 1 mile south of Maryland Route 144.The site consists of approximately I acre and is zoned Industrial General.The owner is proposing to construct a 50'x 75' building to manufacture iron products.Landscaping will be located along the front property line and around the outside storage and loading area. The site will be served by public sewer but will have its own private well. All agency approvals have been received.Ms.Acord made a motion to approve the site plan,seconded by Mr.Roulette.So ordered. Advertising,Inc.: Mr.Goodrich informed the Planning Commission that the staff approved the site plan for an expansion to an existing building located on U.S.Route 11 in front of the proposed Fountainhead Plaza and next to the Olympia Candy Kitchen.No action was taken by the Commission. UNFINISHED BUSINESS: Martin Company/Sheetz Store: Mr.Hawbaker informed the Planning Commission that at March's meeting,the Planning Commission gave the staff the authority to approve the site plan provided that the entrance was the same as it was on the subdivision plat, but if it varied it must come back to the Commission. Mr.Goodrich presented the site plan for the Sheetz Store,which is located at the corner of U.S.Route 11 and Maugans Avenue.There was a restriction placed on the subdivision plat by the County Engineer,which stated that there would be no access to this site from Maugans Avenue except over the existing 40 foot right-of-way. The consultant has revised the plat to remove the note that was placed by the County Engineer who has approved the entrance location onto Maugans Avenue.There is an agreement to be worked out for cost participation for the improvements to Maugans Avenue which involve acquisition of right-of-way and expansion of shoulders.The State Highway Administration has not given its approval but has stated that it is under study.Mr.Zombro made a motion to approve the revised site plan and plat contingent upon State Highway's approval,seconded by Ms.Acord.So ordered. "'.t "'.t (Y) (!J <C <C Mr.Malcolm.Davis,of Davis,Renn and Shrader,informed the Planning Commission that he had a problem with recording the plat due to the fact that it does not have a surveyor's seal on it.Mr.Goodrich stated from the Subdivision Ordinance what should be on a plat when the staff receives it, and the Planning Commission informed Mr.Davis that he needed to work out the problem himself. OTHER BUSINESS: PUD -Floyd Kline: Mr.Lung presented the concept plan for the PUD for Floyd Kline.The site is located on the south side of U.S.Route 11 just west of the Conrail Railroad crossing and east of the 1-70 overpass.The site consists of 8.67 acres and is zoned RS.This site is located within the Urban Growth Area of the County.The site will be served by public water and sewer and calls for 5 duplex units and 48 townhouse units. The staff feels that the only potential problem with the concept plan at this time is the possibility that there is no public access to the picnic woods and the County Engineer has stated that there may be additional parking needed. The concept plan was presented to the Commission for their information with no action needed. Site Plan Review -Beau Construction: Mr.Kirk Davis,of Beau Construction,presented the site plan that consists of 4.12 acres located in the Williamsport Industrial Park for Packaging Services.He is requesting of the Planning Commission to waive the site plan review policy and to grant the staff approval.Beau Construction is proposing to construct a 20,000 square foot building for additional warehousing.There has been added paving to the rear of the site to back up trailers for loading and unloading purposes.Mr.Roulette made a motion to grant staff approval of the site plan,seconded by Mr.Zombro with the condition that any deviation from the plan will require Commission review. So ordered COMMUNICATIONS: Letter from Funkstown Volunteer Fire Company: Mr.Larry Iseminger,a member of Funkstown Volunteer Fire Company,stated his concerns on behalf of the fire company in regard that an Industrial Park has been created on Oak Ridge Place where no water is available for fire suppression.The fire company is concerned that Younger Toyota on the Dual Highway is constructing an automobile dealership well beyond the limits of the present municipal water system.It has also come to the attention of the fire company that the Beaver Creek Antique Market is proposing to expand the size of its existing building.Mr.Iseminger stated that they are concerned that these large structures are being constructed in areas where no municipal water is available for fire protection services.Mr.Byers suggested that they go to the Board of County Commissioners and state their concerns. UNFINISHED BUSINESS: John Kendle Variance: Mr.Hawbaker informed the Commission that Mr.Kendle will try to get an entrance onto new Md.Route 68 thereby withdrawing his variance that was requested at the March meeting.This was brought to the Commission's attention for its information with no action needed. OTHER BUSINESS: Preliminary Consultations: Beaver Creek Antique Market: The preliminary consultation for Beaver Creek Antique Market was presented to the Commission for its information only with nothing to be added by the staff. 339 340 Colonial Park East: Mr.Byers stepped down from the Commission due to the fact he had an interest in this matter.Vice-Chairman Donald Zombro resided over the Commission. Mr.Lung stated that the summary for Colonial Park East was not ready for the meeting.He stated that the site was the subject of a rezoning case from Agricultural to Residential-Suburban in 1977.There was a condition placed on the rezoning concerning that not all of the access go through Colonial Park,but that some of it be handled by a new collector street shown on the County's Highway Plan.Plans for this collector street have been dropped according to the County Engineer.No action was taken by the Commission. Site Plan Review Policy: The Planning Commission along with staff again reviewed the site plan and subdivision approval policies.The Planning Commission feels that this policy has been abused due to the fact that consultants and developers have continually asked to be put onto the agenda at the last minute.The Commission has come to a decision that the consultant and/or the developer can still ask to be put onto the agenda at the last minute,but must show that there is a bonafide hardship involved.The Planning Commission asked Mr.Hawbaker to write a letter to all consultants stating the revised policy changes. Highway Interchange Study: Mr.Hawbaker informed the Commission that he has briefed the County Commissioners on the proposed approach to the Highway Interchange Study and that the Board asked that he develop alternatives to the proposed rezoning. Those alternatives were mailed to the Planning Commission prior to the mailing of the April agenda.The Commission asked Mr.Hawbaker to arrange a joint meeting date with the Economic Development Commission and to inform both Commissions of the time and place. Parks Plan Status: Mr.Stachoviak,Parks Planner,presented to the Planning Commission the status and review schedule for the Draft Land Preservation and Recreation Plan.He stated that the Plan will go to the Parks Board for their review on April 30 and will come to the Planning Commission on May 4 for their review.Public meetings will be held May 11, 12,and 13.The final review by the Planning Commission will be on June 1 and the public hearing between the County Commissioners and the Planning Commission is tentatively scheduled to be held on June 15. Senate Bill #865: Mr.Hawbaker informed the Commission that the Senate Bill #865 is now dead. He stated that this bill would have preempted all local zoning authority for mcbile homes location,and if this bill would be passed an individual could put a mcbile home in any zoning district within the County and would only have to be concerned about deed restrictions.The Planning Commission asked Mr.Hawbaker to bring the matter to its attention should it arise in the future. Rezoning Cases frcm March 9 and March 24: James B.Adams/Tony Upchurch -RZ-354 A to RM A motion was made by Dr.Johns to recommend to the County Commissioners the approval of this case based on the findings of fact in the Staff Recommendation.Seconded by Ms.Acord.So ordered. Text Amendment -RZ-355 Election Signs 341 A motion was made by Mr.Iseminger to recommend to the County Commissioners the approval of this case based on the findings of fact in the Staff Recommendation.Seconded by Dr.Johns.So ordered. Text Amendment -RZ-356 Portable Signs A motion was made by Mr.Iseminger to recommend to the County Commissioners the disapproval of this case based on the findings of fact in the Staff Recommendation.Seconded by Ms.Acord.So ordered. Text Amendment -RZ-358 Airport Runway ~ ~ ('f) (9 «« A motion was made by Mr.Zombro to recommend to the County Commissioners the approval of this case based on the findings of fact in the Staff Recommendation.Seconded by Mr.Iseminger. Mr.Hawbaker informed the Commission that Ron Bowers,President of the Board of County Commissioners,told him that Connie Lieder,Secretary of the Department of State Planning,will be in Hagerstown on April 15,1987 at 9:30 a.m.to discuss the development at the Antietam Battlefield and the Grove Farm and that the Planning Commission members should try to attend. ADJOURNMENT: There being no further business,the meeting was adjourned at 11:00 p.m. /////Jack [-/ 3'12 WASHINGTON COUNTY PLANNING COMMISSION REGUlAR MEETING -MAY 4,1987 The Washington County Planning Commission held its regular meeting on May 4, 1987 at 7:00 p.m.in the second floor conference room of the County Office Building. Present were:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro;Ex- Officio,Richard E.Roulette;Bertrand L.Iseminger,Dr.Ray Johns,Sidney Salitsky,and Judith A.Acord.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,and Secretary, Janet L.King. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 p.m. MINUTES: Dr.Johns informed the Commission that in the April minutes under the Text Amendment for RZ-356,he voted against the disapproval of the portable signs.Mr.Iseminger informed the Commission that under the item for the Martin Company/Sheetz Store,he voted to disapprove the subdivision. Mr.Zombro made a motion to approve the minutes of the April meeting as corrected,seconded by Mr.Iseminger.So ordered. NEW BUSINESS: Subdivisions: Beaverbrook,Section B: Mr.Lung presented the preliminary plat for Beaverbrook,Section B which is located west of Cavetown off the south side of Route 64 and west of Route 66.This is a resubdivision of a previously recorded plat for Section B. The plat has been revised to show a new lot and street layout.There are 17 lots proposed for this subdivision ranging in size from .77 acres to 1.26 acres.The area is zoned Residential Rural.Carroll Road is to be extended through this section and a new cul-de-sac to be called Dorchester Court is to be constructed.The proposed lots will be served by public water and individual on-site septic systems.The County Engineer has approved the plat with conditions that modifications be made on the final plat and on the roadway construction drawings.The Health Department has approved the plat without conditions.The Water Department has approved the plat with comments that an additional right-of-way is required to Section B of Havenwood Hills.Gene Walzl of the Water Department stated that the normal 8'utility easement along side lot lines is not sufficient for this right- of-way.They are requesting their standard 20'right-of-way easement for the purpose of looping the water line.The Water Department is not sure of the exact location for the right-of-way,but have been in contact with Mr. Charles Semler,the owner.The staff feels that the right-of-way location should be worked out prior to preliminary plat approval,depending on the location of the right-of-way,septic reserve areas and building setbacks could be affected.The staff recommended that the Planning Commission give the authority to approve the preliminary plat once the issue of the right- of-way is resolved with the Water Department.Mr.Roulette made a motion to give the staff the authority to approve the preliminary plat based on the resolution with the Water Department,seconded by Mr.Salitsky.So ordered. ~ ~ (Y) CJ 0::::( 0::::( Site Plans: John H.Merrbaugh: Mr.Lung presented the site plan for the development of a truck repair shop and storage garage.The site is located on the south side of West Washington Street between the City line and Hump Road.The parcel consists of 7.46 acres and is presently zoned Industrial General.There is an existing dwelling and outbuildings on the east side of the property.The site plan calls for the construction of a 70'x 72'metal building and a 150'x 92'stone truck storage lot.Access to the building and storage lot will be via a gravel driveway off Hump Road.Approval has been received from the County Engineer.State Highway Administration has commented that a note should be placed on the plan stating that all access to the development be from Hump Road and not from West Washington Street due to the peor site distance.Written approval has been received from the Water Department but written approval is pending from Water Pollution Control.Comments have been received from Paul Prodonovich,Deputy Director of Permits and Inspections;he feels the following items need to be addressed:1.)there has been no landscaping plan provided,2.)the number of employees has not been determined,3.)screening of the building-mounted lights,4.)a note to be placed on the plan stating that the existing outbuildings can not be used in conjunction with the business,S.)a note placed on the plan stating that no outside salvage materials be stored on the site,and 6.)the parking area infringes on the buffer yard.The Planning staff concurred with the Deputy Director's comments.A revised site plan was received on May 4,1987 at 3:00 p.m.and appears to meet all the comments expressed by Mr. Prodonovich.However,the note concerning the access onto West Washington $treet requested by the State Highway Administration has not been addressed.The staff is recommending that the Planning Commission approve the site plan with the following conditions:1.)the additional note concerning access be placed on the plan and 2.)that the revised plan be reviewed and approved by all effected agencies prior to any permits being issued.Mr.Zombro made a motion to approve the site plan with the conditions stated above.Mr.Roulette seconded.So ordered. OTHER BUSINESS: Department of State Planning Study Proposal: Mr.Hawbaker introduced Constance Lieder,Secretary of The Department of State Planning,Edwin Thomas,Deputy Secretary and Larry Duket,Principal Planner.Ms.Lieder discussed the recent controversy involving development proposals near the Antietam Battlefield which stimulated Governor Shaefer's interest and concern in protecting the County,State and Federal historic resource.She stated that as a result of discussions between the Governor and President of the County Commissioners,Ronald Bowers,she was asked to help Washington County in studying the south county area.Ms.Lieder feels that there are three items needed to assure orderly growth in that area. 1.)Look at the historic area and sites and decide what areas to preserve and also promote tourism in those areas,2.)develop recreation areas,and the possibility of a second home market,and 3.)prepare for growth in southern Wasington County and examine teChniques for directing residential growth.Ms.Lieder stated that the goals in protecting the southern pert ion of Washington County are to promote tourism,preserve historic,natural and agricultural resources,and to direct development and growth to the desired areas.She stated that her department and the Planning Commission should work jointly to develop a work program.She informed the Planning Commission that the Department of State Planning will provide the County up to $50,000 for consultant studies.Ms.Lieder told the Planning Commission that she would like the work program accomplished in time for the next General Assembly.She feels the consultant's study should be completed by September,1987.Ms.Lieder feels that the first step to protect the southern part of the County is to put together an advisory group,which would include elected officials,local property owners,preservationists, and businessmen.After an advisory group is formed,the Department of State Planning,the County Commissioners,and the County's Planning staff should meet regularly to review the progress. 343 344 Preliminary Consultations: Fountainhead Plaza: Mr.Goodrich informed the Planning Commission that Phase I for Fountainhead Plaza has been approved.He stated that the Commission should be prepared to discuss sidewalks in future phases of the development.No action was taken by the Commission. Highland Manor: Mr.Goodrich informed the Planning commission that Phase I has been approved as a mobile home park but the developer was interested in comments on the proposal as a mobile home subdivision.He said he strongly advised the owner on several occassions to stay with one concept of a park or subdivision,not to mix them.No action was taken by the Commission. Elk Ridge Associates: The preliminary consultation for Elk Ridge Associates was presented to the Commission for its information with nothing to be added by the staff. Mansoor Shaool: Mr.Lung informed the Planning Commission that Mr.Shaool met with the County Commissioners to discuss the sharing of the cost in realigning Mt. Aetna Road and the public water and sewer problems in the area.The County Commissioners feel the developer should work with the City and the County to work out the water and sewer problem.No action was taken by the Commission. Highway Interchange Study: Mr.Hawbaker reviewed the meeting with the Economic Development Commission that was held on April 20,1987.During that meeting,the Economic Development Commission and the Planning Commission agreed to devise a Policy Statement and to meet with the County Commissioners to discuss the Highway Interchange Study.Mr.Byers told the Commission members that he has received a request from Economic Development Commission for the Planning Commission to meet with them again to review the Highway Interchange Study before meeting with the County Commissioners.The Planning Commission agreed by concensus to meet with the Economic Development Commission on Wednesday,May 13,1987 at 7:00 p.m.at Oliver's Restaurant. Parks Plan Status: Mr.Stachoviak explained to the Planning Commission that the draft Land Preservation and Recreation Plan is the result of revising,updating,and expanding the 1982 Open Space,Parks and Recreation Plan to meet local and state needs.He stated that the draft Plan had been reviewed by the Park I s Board and copies sent to town Mayors and Councils and public service agencies for review and comments.He asked the Commission's approval of the news release meetings,and informed the Commission that they will review the draft Plan and all comments received at the June meeting.In response to requests for more information,Mr.Stachoviak informed the commission members that they would be mailed a copy of the draft Plan. Proposed Rezoning Text Amendment: Mr.Hawbaker informed the Planning Commission that a text amendment is needed to permit the Zoning enforcement personnel to go onto a property to do inspections.He stated that at the present time the Zoning Ordinance does not state whether this is allowed or not.He is requesting that this text amendment be added to the June 8,1987 Rezoning Hearing.Mr.Salitsky made a motion to add the text amendment to the agenda for the June 8 hearing,seconded by Ms.Acord.So ordered. ADJOURNMENT: There being no further business,the meeting was adjourned at 9:00 p.m. 345 ';;j' ';;j' (Y) (!J <:( <:( )/A~4;/ ///Jack B.Byers, / irman 346 WASHINGTON COUNTY PlANNING COMMISSION REGUlAR MEETING -JUNE 1,1987 The Washington County Planning Commission held its regular meeting on June 1,1987 at 7:00 p.m.in the second floor conference room of the County Office Building. Present were:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro;Ex- Officio,Richard E.Roulette;Bertrand L.Iseminger,Dr.Ray Johns,Sidney Salitsky,and Judith A.Acord.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;and Secretary, Janet L.King. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 p.m. MINUTES: Mr.Zombro made a motion to approve the minutes of the May meeting as submitted,seconded by Mr.Salitsky.So ordered. NEW BUSINESS: variances: Terry and Donna Hamilton: Mr.Lung presented the variance for Terry and Donna Hamilton which is located in the southern portion of Washington County approximately .9 mile south of Samples Manor,west of Hoffmaster Road.The Hamilton's are requesting the variance to allow for the conveyance for a parcel of land without pUblic road frontage to a non-immediate family member.In 1983,the subdivision plat was approved for the conveyance of 3.21 acres without public road frontage to George S.and Paula Jamison to an immediate family member,Donna Hamilton.The remaining 93.48 acres from which the subject parcel was subdivided has been sold.It has been 3 1/2 years since the subdivision has been approved and Mr.and Mrs.Hamilton wish to sell their property.Dr.Johns made a motion to grant the variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Mr. Roulette.So ordered. Gretchen Van Hyning: Mr.Lung presented the variance for Gretchen Van Hyning and Thomas A.Low who are contract purchasers of a 64.11 acre parcel which is currently owned by Richard T.Ward.The site is located on the west side of MD Route 65 north of Sharpsburg.The applicant is requesting a variance from the Washington County Highway Plan which requires 500 feet of separation between access points on to a Minor Arterial Highway.The applicant is proposing to subdivide this parcel into six approximately 10 acre parcels.Five of the proposed lots will have panhandles;the northern two lots will have a shared access onto MD Route 65,the remaining three lots will have one shared access and one individual access at the southern portion of the parcel.A total of three new access points are being proposed,none of these points meet the separation requirements of the Highway Plan.The State Highway Administration has commented that site distance at the southern most entrances is good.At the north,site distance is approximately 400 feet due to a hill located to the north.The State Highway Administration stated that this is marginal but acceptable.Mr.Lung informed the Planning Commission that this site is the subject of a rezoning case,RZ-359,which was filed by Richard T.Ward to rezone the property from "A"to "RM".Mr. Lung stated that what the applicant of the variance is requesting would be allowed under the current "A"zoning.Mr.Zombro made a motion to grant the variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Mr.Roulette with a provision that if the rezoning does occur and the applicant does not purchase the property,the variance is void.So ordered. """"""('0 (!J o::::c o::::c After a brief discussion in regards to the rezoning case,Mr.Roulette made a motion to reconsider the vote to approve the variance for Van Hyning, seconded by Ms.Acord. Mr.Roulette made a motion to withdraw the action taken on the variance request from Gretchen Van Hyning and to table any futher action until a future date,seconded by Mr.Salitsky.Six Ccmnission members voted to withdraw the approval;Mr.Zombro voted no.Motion carried to withdraw. So ordered. Mr.Roulette explained to the applicant of the variance that the Planning Commission will be reviewing the application for rezoning of the same parcel of land at a public hearing on June 8,1987.Mr.Roulette made a motion to table the variance until the July meeting,seconded by Dr.Johns.So ordered. Village Green --Wiley: Mr.Lung presented the variance for Village Green which was submitted by Davis,Renn and Shrader as part of a subdivision plat and site plan on behalf of Howard C.and Anne H.Wiley.The Wileys are contract purchasers of a one-acre parcel of land currently owned by Leitersburg Pike Land Associates.The site is located on the northeast corner of Leitersburg Pike and Longmeadow Road.The variance is being requested from the Washington County Highway Plan which requires 300 feet of access separation along a Minor Arterial Highway.The Wileys are proposing to construct a small shopping center consisting of four retail stores.The entrance to the site will be via Longmeadow Road.The proposed entrance is located 225 feet north of the centerline of the intersection with Leitersburg Pike and approximately 120 feet south of an existing commerical entrance to Robert Fischel's veterinary clinic.The County Engineer has no objection to the proposed entrance location;however,he will be commenting on the design of the entrance during the site plan review.The State Highway Administration has no objection to the entrance;however,they recommended that a 10-12 foot wide traffic bearing shoulder be provided from the intersection of Route 60 to the proposed entrance.Mr.Lung noted that there isn't any location along the Longmeadow Road frontage of the property that can meet the separation requirements.Dr.Johns made a motion to grant the variance based on a hardship that may result from strict compliance with the Ordinance,seconded by Mr.Roulette.So ordered. Subdivisions: Susan's Orchards,Lots 6-11: Miss Kelly presented the preliminary and final subdivision plat for Susan's Orchards,Lots 6-11.The property contains six proposed lots for residential use.The site is located on the south side of Mercersburg Road .2 miles south of its intersection with Dry Run Road.The proposed lots range in size from 1.5 acres to 11 acres and the site is zoned Agriculture. All proposed lots will have individual wells and septic systems.All agency approvals have been received accept for the Health Department.Mr. Iseminger made a motion to approve the preliminary and final subdivision plat pending receipt of Health Department approval,seconded by Dr.Johns. So ordered. OTHER BUSINESS: South County Study Status: Mr.Hawbaker informed the Planning Commission that Ed Thomas and Larry Duket from the Department of State Planning were present to give a brief rundown on the South County StUdy area.Mr.Thomas stated that it was his intention that the Department of State Planning attend the monthly Planning Commission meetings to apprise the Ccmnission of the current status of the study.He stated that the Department of State Planning has been doing preliminary work with the study and has adopted the project description that was reviewed at the May meeting taking into consideration the comments that were made about the Battlefield buffering.He stated that the Department has prepared a draft contract which will result in the transfer of $50,000 to the County to 347 348 be spent on the consultant study.This contract covers three of the work program projects,with two of those projects dealing with housing and the other dealing with recreation of historic sites.Mr.Thomas reminded the Commission of its interest in forming an advisory group.Mr.Roulette informed Mr.Thomas that the County Commissioners are in the process of forming the group and will be discussing the southern part of the county with the municipalities.He stated that the Department of State Planning should have the recommendations within the next several days.Mr.Larry Duket demonstrated to the Planning Commission the various technical data available through computer mapping on the southern part of Washington County.Mr.Thomas concluded by saying that he would report monthly to the Commission on the study status. Subdivisions Andrew J.Michael,Lots 4-6: Mr.Lung presented the preliminary and final plat for a three lot residential subdivision for Andrew Michael.The site is located on the north side of Dry Run Road west of Route 57.The property is zoned Agricultural and the lots will be 2.12 acres,1.87 acres,and 1.79 acres. Each lot will have individual wells and septic system as well as its own driveway onto Dry Run Road.Approvals have been received from the County Engineer and the Health Department.Mr.Salitsky made a motion to approve the preliminary and final plat,seconded by Dr.Johns.So ordered. Rolling Hills,Section B: Mr.Lung presented the preliminary subdivision plat for Rolling Hills,Block 6,Section B.The site is located on the south side of Longmeadow Road west of Paradise Church Road.Rolling Hills consists of 16 lots varying in size from 31,900 square feet and 13,300 square feet.All lots will have frontage on a new County road called Manchester Drive.There is no access allowed off of Longmeadow Road.All lots will be served by public water and sewer. Approvals have been received from the Washington County Sanitary District and the City of Hagerstown Water Pollution Control Department.The City Water Department requested revisions to the construction drawings before its approval of the preliminary plat.The approval from the Health Department is pending based on the Water Department's approval.The County Engineer has approved the Preliminary Plat but has requested that sorne revisions be made to the Final Plat.The staff is recommending preliminary approval based on the following conditions:1.)preliminary plat be revised to satisfy the Water Department I s comments and 2.)Health Department approval is received prior to the signing of the plat by the Executive Director.Dr. Jams made a motion to approve the preliminary plat based on the stated conditions,seconded by Mr.Salitsky.So ordered. Rocky Springs,Section A-3,Phase 3: Mr.Lung presented the preliminary subdivision plat for Rocky Spring Acres consisting of 9 residential lots.The site is located on the east side of Route 40-A south of Funkstown.The proposed lots vary in size from 1.01 acres to 3.04 acres.All the lots will have road frontage onto an extension of Mar-Rock Drive.Each lot will have individual wells and septic systems. The Health Department has reviewed the plat;all perc tests have passed and they have requested a minor change to some of the reserve areas.These changes have been made and the revised copy of the plat has been sent to the Health Department.The County Engineer has approved the preliminary plat but he has requested sorne revisions to the final plat.The staff is recommending preliminary approval upon receipt of approval from the Health Department.Dr.Johns made a motion to approve the preliminary plat contingent upon Health Department approval,seconded by Mr.Salitsky.So ordered. """"""(Y) (9 <! <! Preliminary Consultations: Holiday Estates: The preliminary consultation for Holiday Estates was presented to the Planning Commission for its information with nothing to be added by the staff. OTHER BUSINESS: Annual Election of Officers: Dr.Johns made a motion to nominate Jack Byers for Chairman of the Planning Commission,seconded by Ms.Acord.Mr.Roulette made a motion to close the nominations for Chairman,seconded by Mr.Salitsky. Mr.Salitsky made a motion to nominate Donald Zombro for Vice-Chairman of. the Planning Commission,seconded by Dr.Johns.Mr.Roulette made a motion to close the nominations for Vice-Chairman,seconded by Mr.Salitsky. Mr.Jack Byers and Mr.Donald Zombro will be Chairman and Vice-Chairman of the Washington County Planning Commission for one year. Site Plan Review: Mr.Hawbaker reminded the Commission that consultants have asked about landscape provisions,minor additions to site plans and to have the Planning staff review site plans prior to application being made with the Permits Qffice. He stated that the consultants suggested that the landscaping design on a site plan be deferred until a future time,such as when a use and occupancy permit is issued.The consultants feel that after the building and parking lot is designed,they can then discuss landscaping with their clients. After a brief discussion,by concensus the Planning Commission did not make any changes to the landscape provisions of the Ordinance. Mr.Hawbaker stated the consultants were questioning minor additions to the site.They want to know if this can be done without resubmitting the entire site plan.Mr.Hawbaker stated that the Subdivision Ordinance states that for a minor addition a site plan is not needed.After a brief discussion, by concensus there were no changes made. Mr.Roulette stated that the consultants are also concerned about the review policy for site plans.They would like the Planning staff to review the site plan so as to avoid a duplicating effort.Mr.Prodonovich stated that he needs to review them if a permit will be issued.After a discussion,it was decided that the Planning Commission staff and.Mr.Prodonovich meet to determine the most effective way of reviewing site plans. Merrbaugh/County/Gossard Subdivision: Mr.Goodrich explained that the Planning Commission has reviewed the Merrbaugh subdivision and site plan many times.The site consists of 7 acres along W.Washington Street and a panhandle to Hump Road.At the present time,the County Commissioners are proposing another subdivision to Herb Gossard.Mr.Merrbaugh will convey to the County a portion of his land which in turn the County will convey to Gossard.This conveyance will give the Gossard parcel frontage on a public road.In return,Mr.Merrbaugh will have conveyed to him by the County Commissioners a strip of land 250'x 50' wide to Main Avenue.The staff is requesting that the Planning Commission reaffirm the conditions on the Merrbaugh site plan that access will be via Hump Road and not W.Washington Street.By concensus,the Planning Commission reaffirmed the conditions of site plan approval. Sherry Glenn Subdivision: Mr.Hawbaker explained that the Sherry Glenn subdivision expired and was not recorded within the two year limit.The staff is requesting a 30-day extension to recertify the plat so it can be recorded in the Clerk of the Court's office.Ms.Acord made a motion to grant the 30-dayextension, seconded by Mr.Salitsky.So ordered. 349 350 Parks Plan Review: Dr.Johns wanted Mr.Stachoviak to explain the population projections in the Parks Plan.Mr.Stachoviak explained that the population projections were developed by the Planning staff for the previous Plan in 1980.He stated that since then the Department of State Planning developed less optimistic projections and these are the figures that were used in this Plan. Mr.Byers noted that he has a problem with the County funding the Farm Land Preservation Program.He feels that the taxpayers will not benefit from this.Mr.Stachoviak stated that this item was taken directly from the Comprehensive Plan. Mr.Iseminger questioned the concept of cluster subdividing.Mr.Stachoviak stated that the developer can cluster homes on part of the property and leave the remaining for open space. Mr.Stachoviak explained that there will be three public meetings during the month of June.The comments from the public meetings will be reported to the Planning Commission at the July meeting.By concensus,the Planning Commission told the staff to proceed with advertising for the public meetings. Boonsboro Water and Sewer Plan Admendment: A request from the Town of Boonsboro for an administrative amendment to the Water and Sewerage Plan was presented to the Planning Commission.According to Tables #9 and 12 in the Water and Sewerage Plan,the design capacity of the Boonsboro sewage treatment plant is shown as 400,000 gallons per day. The Town has advised that according to the manual for operation and maintenance of the treatment plant the design capacity is 460,000 gallons per day.Ms.Acord made a motion to approve the administrative amendment to the Water and Sewerage Plan as requested by the Town of Boonsboro,seconded by Mr.Salitsky.Mr.Goodrich stated that all the appropriate agencies, including the State Health Department,will be notified of the change. Highway Interchange Study: Mr.Hawbaker stated that during the May 13,1987 meeting with Economic Development Commission,the Planning Commission asked him to explore another way to address the HI Study.He stated that he has come up with the HI-l and HI-2 possibilities for the HI study.Mr.Roulette asked about looking at some permitted uses in the present HI District as being candidates for the special exception category.Mr.Byers stated that he feels that in the HI-l category there should be no residential uses;HI-2 should have apartments and maybe townhouses;and HI-3 should have normal residential uses that are allowed now in all HI districts.After a brief discussion, the Commission concurred with Mr.Hawbaker that additional study is needed and agreed to notify EDC that the June 9 meeting must be postponed until another concept can be developed.Mr.Hawbaker said he'd begin his analysis in hopes of rescheduling the joint review at an early date.Other possibilities can be discussed. Smithsburg Town Growth Area Development: Mr.Hawbaker informed the Planning Commission that he has sent a letter to Barry Teach in regard to the Town Growth Area Boundary for Smithsburg.Mr. Goodrich informed the Planning Commission that the Planning staff has received a copy of a concept plan for Doug Bachtell in the Smithsburg area. He requested that the Planning Commission authorize a formal request to the Smithsburg Planning Commission for review of all projects within the Smithsburg Town Growth Area Boundary.After a brief discussion,Ms.Acord made a motion to make a formal request to be involved in developments in Smithsburg,seconded by Mr.'Salitsky.So ordered. ADJOURNMENT: There being no further business,the meeting was adjourned at 10:45 p.m. Jack B.Byers,Chairman "Q'" "Q'" (Y) (9«« WASHINGTON COUNTY PLANNING COMMISSION REGUlAR MEETING -JULY 6,1987 The Washington County Planning Commission held its regular meeting on July 6,1987 at 7:00 PM in Court Room No.1 of the Court House. Present were:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zanbro;Ex- Officio,Richard E.Roulette;Bertrand L.Iseminger,Judith A.Acord,Sidney Salitsky,and Dr.Ray 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 and Inspections,Paul Prodonovich,and Secretary, Janet L.King. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 PM. Brightwood Acres/Londontawne Section B Connection: Mr.Hawbaker began by stating that he had been approached by citizens from the Brightwood Acres neighborhood expressing their concern about current construction in Section B of Londontawne and the proposed road connection between Londontowne Section D of Brightwood Acres.He explained that Section A of Londontawne is off Landis and Day Roads,that future Section C is to the east of Section B,that Section D is along Landis Road,and that all sections were the subject of discussion between the County and City Planning Commissions and the developer in 1982.Mr.Hawbaker stated that the Planning Commission in January 1980 gave Mr.Sheedy,developer of Londontawne,permission to make a future connection between Section B of Londontowne and Section D of Brightwood Acres.In the 1982 discussions between the two Commissions and Mr.Sheedy,agreements were reached whereby future development in Section C would be provided access to Mt.Aetna Road via a road,the alignment of which is yet to be determined,possibly across Ditto Farms Park land.Mr.Hawbaker stated that Mr.Sheedy recently met with the County Commissioners and the representatives of Brightwood Acres to discuss the concerns of the Brightwood Acres residents.A possible compromise was discussed whereby lands would be exchanged between Mr.Sheedy and the County with Mr.Sheedy acquiring a portion of the western end of the park lands to construct a road and the County acquiring the northern part of Section C plus some land in Section A.Mr.Hawbaker informed the Commission that Section D of Brightwood Acres was recorded in 1970 and shows a portion of land reserved for future development,all of which was subsequently purchased by Mr.Sheedy for connecting Section B of Londontawne with Section D of Brightwood Acres. At this time,Attorney John Urner spoke for the residents of Brightwood Acres and asked the Commission to reconsider and reverse the previous approval to link Section B of Londontowne to Brightwood Acres because of the adverse effect the new traffic would have on existing residences in Brightwood Acres. At this time,Attorney William Wantz spoke for Mr.Sheedy,the developer of Londontawne,and said that Mr.Sheedy,in developing the various sections of Londontowne,intends that they complement existing development in Brightwood Acres.He went on to say that the recorded plat for Brightwood Acres indicates that there was always intended for an access road to be constructed between Maplewood Drive and the remaining lands to the east.He stated that the owners in Brightwood Acres knew that at some point in the future these lands would be developed.Mr.Wantz stated that Mr.Sheedy is proposing to develop single-family homes on this parcel similar to the type of residential development in Brightwood Acres with only 42 homes in the western portion of Section B on lots ranging from 13,000 square feet to 50,000 square feet.Only this portion of Section B is to have access to Maplewood Drive with the remaining part of Section B having access across either Section B or a new road out to Mt.Aetna Road.The road in Section B is to be designed so as to prevent the eastern portion fran having access onto Maplewood Drive.Mr.Byers stated that the Planning Commission will not be making a final decision at this time but that it will 351 352 decide in the near future and will respond to the Brightwood Acres residents.He said that any further comments can be made in writing within the next week. MINUTES: There were some changes to the minutes of the June 1 regular meeting.The minutes should have said that the motion to grant the Gretchen Van Hyning variance was unanimously approved prior to it being tabled.Under the South County Study,the word of historic sites should be changed to and historic sites.Under the Boonsboro water and Sewer Plan,the motion to approve the amendment was unanimously carried. Mr.Zombro made a motion to approve the minutes of the June meeting as corrected,seconded by Mr.Iseminger.So ordered. Mr.Iseminger made a motion to approve the minutes of the Sheetz Store, seconded by Mr.Salitsky.So ordered. Mr.Zombro made a motion to approve the minutes of the Special Meeting held on June 26,seconded by Mr.Iseminger.So ordered. UNFINISHED BUSINESS: Gretchen Van Hyning Variance: Mr.Hawbaker stated that the variance for Gretchen Van Hyning was tabled at last month's meeting due to the rezoning hearing on June 8,1987.After a brief review of the variance request by Mr.Lung,Mr.Zombro made a motion to table the variance because Ms.Van Hyning was not in attendance to present her request.The motion was seconded by Mr.Salitsky.So ordered. NEW BUSINESS: Variances: Robert J.Johnson: Mr.Lung presented the variance for Robert Johnson who is requesting that the Commission release him from the 5-year condition of the Subdivision Ordinance attached to land conveyed to an immediate family member without public road frontage.The subject site is located on the south side of U.S. 40 near the intersection of Spickler Road.Mr.Johnson is proposing to convey the existing lot to someone not a family member within the 5-year period for the subdivision approved by the Commission in October 1984.This parcel was conveyed by Reed Johnson to his grandson,Robert Johnson.Robert Johnson's request is based on financial difficulties;two and 2/3 years have passed since the subdivision was approved.The property has access to Route 40 via a right-of-way awned by James Johnson who does not object to the selling of this parcel.There are currently four residences using this existing right-of-way.Mr.Iseminger made a motion to approve the variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Mr.Roulette.So ordered. Marlin Durbin: Mr.Goodrich presented the variance for Marlin Durbin.The subject site is located on the south side of MD Route 68 east of College Road.The variance is being requested from the Highway Plan which requires 500 feet of separation between access points.Mr.Durbin is proposing to create a new access without the required separation.The County Engineer has not reviewed the variance because of the late submittal and the fact that he has no authority on a state road.State Highway Administration stated that site distance is marginal;verbal approval has been received.The staff is recommending disapproval because site distance is marginal and the access can be provided more safely from the existing lane on the remaining lands. Mr.Durbin stated that he feels his hardship is that if he would move the access,it would be where the septic system is proposed.Mr.Zombro made a motion to approve the variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Ms.Acord.So ordered. ~ ~ ('f) CJ <:! <:! Kathy Oberosler: Mr.Goodrich presented the variance for Kathy Oberosler.The subject site is located on the northwest side of Robinwood Drive.The variance is being requested from the Highway Plan which requires 300 feet of separation between access points on a Major Collector roadway.Ms.Oberosler is proposing to create a new access point with less than the required separation,205 feet to the south and 45 feet to the north.Mr.Goodrich stated that site distance is good in both directions.The County Engineer has had no comments,but approval is subject to his review of a plat.Mr. Zombro made a motion to approve the variance based on a hardship that would result from strict compliance to the Ordinance and also based on the County Engineer's approval,seconded by Ms.Acord.So ordered. Donald Thomas: Miss Kelly presented the variance for Donald Thomas.The subject site is located along the southside of MD Route 68,.8 miles west of Alternate Route 40.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 collector roadway. Mr.Thomas is proposing to create one entrance that will serve four residential lots.This driveway will be located approximately 250 feet east of an existing entrance which serves the remaining lands of Mr.Thomas. State Highway Administration has no objection to the four entrances coming off the existing driveway.Ms.Acord made a motion to approve the variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Dr.Johns.So ordered. w.Louis Plummer,Jr.: Miss Kelly presented the variance for W.Louis Plummer,Jr.The subject site is located on the southside of East Oak Ridge Drive,.2 miles west of Funkstown.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 300 feet between access points on a major collector roadway. Mr.Plummer is proposing to create an entrance for commercial purposes within 300 feet of an existing entrance by subdividing a 1.8 acre lot from his 25 acre tract.Access to the commercial site will be provided by an entrance off of East Oak Ridge Drive.The proposed entrance location is approximately 90 +feet west of an existing residential driveway,210 feet closer than the required amount.The County Engineer has no problem with the variance,but no written approval has yet been received.Mr.Roulette made a motion to approve the variance based on a hardship that would result from strict compliance to the Ordinance and also based on County Engineer's approval,seconded by Mr.Iseminger.So ordered. Subdivisions: Brightwood Acres,Lot 4: Miss Kelly presented the preliminary/final plat and site plan for Brightwood Acres,Lot 4,located on the south side of East Oak Ridge Drive.It is the same site that was the subject of the above requested variance.The proposed building site has a current zoning of Highway Interchange.There are no existing structures on the site and it is currently covered with trees and brush.A 30 x 60 foot building will be constructed to be used as a beauty parlor.There will be 13 parking spaces in the front portion of the site.An individual well and septic system will serve the site.The proposed entrance will be off Oak Ridge Drive.Mr.Roulette made a motion to approve the preliminary/final plat and site plan,seconded by Ms.Acord. So ordered. Village Green: Mr.Lung presented the preliminary/final plat and site plan for Village Green,a small shopping center to be located on a .92 acre lot in the northeast quadrant of Longmeadow Road and Leitersburg Pike.The applicant is proposing to construct four retail shops with area of 8,000 square feet. 353 354 There will be a single entrance/exit onto Longmeadow Road.The Planning Staff met with the developer and theirconsultant on June 4 and at that time indicated the changes necessary to bring the Site Plan into compliance with the standards of the Zoning Ordinance.The revised Site Plan,Mr.Lung informed the Commission,was received today at 3:30,and there has not been time for review to determine if it contains the necessary corrections.One of the principal concerns relayed by the Staff to the consultant and developer was the need for additional parking spaces.The lack of adequate parking was a concern of both the Planning Staff,the Permits and Inspections Office and the County Engineer.The revised plan must be now be resubmitted to all agencies.Mr.Shrader stated that a revision was made to the plan to add additional parking spaces.Approval has been received from the State Highway Administration and the County Engineer on the subdivision plat.The County Engineer has requested revisions to the site plan to add 'no parking'signs along Longmeadow Road.The Health Department has requested a revision to the septic area.Mr.Roulette made a motion to approve the preliminary/final plat and site plan upon the receipt of all agency approvals,seconded by Mr.Zombro.So ordered. James Pasike,Jr.: Miss Kelly presented the preliminary/final plat for James Pasike.The property is located on the north side of Woburn Road.The subject site is zoned agriculture.Mr.Pasike is proposing to create 4 residential lots with an area of between 1 to 9 acres.Each lot will have individual well and septic systems.All agency approvals have been received.Mr.Iseminger made a motion to approve the preliminary/final plat,seconded by Dr.Johns. So ordered. Mike and Cathy Jordon: Mr.Lung presented the preliminary/final plat for Mike and Cathy Jordon for a residential subdivision to be located on the south side of Dellinger Road east of Neck Road.Lots 1 and 2 will consist of 4 acres;lot 3,6.02 acres; and lot 4,7.05 acres.Lots 2,3,and 4 will have access by 3,25 foot panhandles,lot 1 will have 387 feet of frontage on Dellinger Road.Each lot will have its own well and septic system.Approvals have been received from the County Engineer and the Health Department.Dr.Johns made a motion to approve the preliminary/final plat,seconded by Mr.Salitsky.So ordered. John R.Thomas Service Garage: Mr.Lung presented the preliminary plat and site plan for John R.Thomas Service Garage,which is located east of Antietam Drive.The subject site is zoned IG.Mr.Thomas is proposing to construct a 40 x 100 foot building with gravel parking area to be used for a truck service garage.Access to the site is via an existing private gravel road which adjoins a paved private road to 1.C. C.Cement Company.The Planning Commission granted a variance to create this lot without pUblic road frontage at its June 1,1987 meeting.The septic locations are unacceptable to the Health Department due to the presence of rock,and new septic location and perc tests were requested.The Washington County Soil Conservation District and County Engineer approvals have been received.Comments were received from the Permits Office stating that additional parking spaces need to be provided,a landscape plan needs to be submitted,and a note should be placed on the plat that no junk and/or salvage materials shall be stored on the premises. The staff suggested that the Planning Commission grant approval based on receipt of the revised plat and all agency approvals.Mr.Zombro made a motion to grant the staff authority to approve under those conditions, seconded by Ms.Acord.So ordered. Site Plans: D.L.George and Sons: Miss Kelly presented the site plan for D.L.George and Sons which is located at the end of Mason-Dixon Lane and south of State Line Road.She stated that the site plan was first approved by the Planning Commission in January,1986.This is a revised site plan which is similar to the first; .q .q (Y) (9 <C <C however,the parking area has been doubled in size.The proposed land use of this subject site will be truck parking area and a dispatch office.Mr. Prodonovich informed the Cormnission that the site work has already be accanplished by the owner.Ms.Acord made a motion to approve the site plan,seconded by Dr.Johns.So ordered. ornER BUSINESS: Residential Subdivision Utility Boxes: The review of utility boxes on residential lots in subdivisions resulted fran the matter being referred by Commissioner Bowers to the Planning Cormnission because of concerns expressed by residents in the Potomac Heights subdivsion.Mr.Hawbaker told the Commission that he and Cormnissioner Bowers had toured a number of subdivisions recently with representatives from Potomac Edison in order to assess the visual impact that utility boxes may have in those subdivisions.The representatives from the public utilities were Nancy Neff and Paul Stiller fran Potomac Edison,Robert Shipley from C &P Telephone,and Mr.Callahan from Antietam Cable.Miss Neff and Mr.Stiller explained to the Commission the matter in which the utilities are regulated by the Public Service Cormnission in the placement of utility boxes,which for the most part house transformers that formerly would have been on utility poles.They informed the Cormnission that the placement of these transformers below ground is impractical because of inadequate access for repair as well as moisture problems.The utility representatives did conceed that more care should be exercised by the land developer in the canpaction of soil before the placement of utility boxes. The Potomac Edison representatives provided the commission with recormnended specifications for the planting of landscaping around these boxes.After a brief discussion,the Cormnission agreed by concensus that since the placement of these utility boxes on residential lots constitutes an essential service,no further action is needed on the part of the Cormnission.The Commission instructed the Executive Director to inform the Board of County Commissioners of its action in this matter. South County StUdy Status Report: Mr.Larry Duket,fran the Department of State Planning informed the Planning Commission of the status of the South County study.He stated the contract has been signed by the Department of State Planning and the County.The work programs for the consultant's study have been prepared in draft form. He stated that the Department has reviewed the Antietam Plan for the Battlefield buffers,and they have acquired aerial photos for the study area. Preliminary Consultation: oliver Britner: The preliminary consultation for Oliver Britner was presented to the Planning Cormnission for its information only with nothing to be added by the staff. Lobo Acres: The preliminary consultation for Lobo Acres was presented to the Planning Cormnission for its information only with nothing to be added by the staff. Windsor Farms: Mr.Lung informed the Cormnission that the proposed 71 lot residential subdivision called Windsor Farms is not in conformance with the Comprehensive Plan due to its location outside of the Growth Area on Prime Agricultural land,within non-tidal wetlands and near the headwaters of a class III natural trout stream.The Town of Boonsboro is concerned with the development because it would not be able to serve the proposed development with public facilities;if the septic systems fail and the wells go bad. Mr.Hawbaker informed the Cormnission that the development of 71 residential lots in one subdivision in the rural area of the County is not consistent with the Canprehensive Plan because of the resulting loss of agricultural 355 356 land,the problems resulting to groundwater from septic systems,and the future likelihood that subdivisions of this nature will create a demand for costly infrastructure.He reminded the Commission that it removed from the annual work program in January,1987 those elements of the Plan intended to address rural development.By consensus,the Commission agreed that continued development of this sort may impose unwarranted problems for the County.The Commission instructed Mr.Hawbaker to place the elements of the Plan again on the work program for the next calendar year. Fieldstone Acres: Mr.Lung reminded the Commission of the Text Amendment recently approved to Zoning Ordinance eliminating the 600 foot cul-de-sac length.He stated that on the preliminary consultation for Fieldstone Acres,the developer is proposing a 1,200 foot cul-de-sac and asking for the Planning Commission's approval.Mr.Lung stated that the County Engineer has no problem with the length of the cul-de-sac,and he has had no respcnse to date from the affected fire department.By concensus,the Planning Commission sees no problem with the length of the proposed cul-de-sac. Water and Sewer Plan Status: Mr.Hawbaker informed the Commission that the State Health Department has recently approved the updated Water and Sewerage Plan.No action was required by the Commission. Parks Plan Status: Mr.Stachoviak informed the Commission that public review meetings were held on the Parks Plan without a great deal of public response.He stated that a public hearing will be held in the future by the County Commissioners at one of their regular meetings.The draft version of the Parks Plan is still in work and is expected to be completed shortly for distribution to all interested parties prior to the public hearing. Site Plan Review: Mr.Hawbaker stated that the staff has met with Paul Prodonovich to discuss the site plan review concept and that site plans will now be submitted to the Permit Office to be reviewed within one day of the application.If Mr. Prodonovich's workload does not permit,he will send a copy of the site plan to the Planning Office to be reviewed by the staff,after which a response will be forwarded back to the Permit Office.This will provide the Permit Office with the necessary information for processing the site plan to the reviewing agencies or for returning it to the consultant for any necessary revisions. Subdivision Roads -Roger Wolf: Mr.Hawbaker stated that the Wolfs asked the County Commissioners to upgrade the private section of Brown road leading back to their subdivision to County standards.He stated that the County Commissioners informed the Wolfs that it is up to the developer to build the road and then convey it to the County for maintenance purposes.The Planning Commission is recommending that the County Commissioners abide by the adopted policies concerning private roads in the County and disallow the request from the Wolfs for financing road construction that would benefit a private developer.In making this recommendation,the Commission affirms the position taken by the Board in its letter to the Wolfs of 1986. Highway Interchange Study: Mr.Hawbaker informed the Commission that he now has a revised concept for the Highway Interchange district that will retain the desired flexibility while eliminating some of the conflict characteristic of the present HI structure.Another meeting with the Economic Development Commission is now in order.After a brief discussion,the dates July 29 or July 30,1987 were decided on to meet with EDC.Mr.Hawbaker said he would arrange for a date and notify both Commissions by memo. -.;;t -.;;t (Y) t9 o:::t o:::t Ca.lMUNICATIONS: Letter from Halfway Volunteer Fire Company: Mr.Hawbaker stated that he received a letter from Douglas DeHaven, Assistant Chief of Halfway Volunteer Fire Company who stated that the fire company is concerned with development along Hump Road and with its ability to provide adequate fire protection to these businesses.After a brief discussion,Mr.Iseminger made a motion to have the Executive Director write a letter to the County Commissioners expressing the Commission's agreement with the fire company regarding this matter.He suggested enclosing a copy of the letter from Mr.DeHaven.Dr.Johns seconded the motion.So ordered. Rezoning Cases from June 8,1987 Public Hearing: RZ-357 -R.Martin Palmer,Jr.,HP-BL to HP-A A motion was made by Mr.Zombro to recommend to the County Commissioners that this case be denyed based on the testimony of the public hearing and the findings of fact in the Staff Report and Analysis and the Staff Recommendation.Dr.Johns seconded.So ordered. RZ-360 -Board of County Commissioners,A to IG A motion was made by Dr.Johns to recommend to the County Commissioners that this case be approved based on the testimony at the public hearing and the findings of fact in the Staff Report and Analysis and the Staff Recommendation.Seconded by Mr.Salitsky.So ordered. RZ-361 -Kenneth Ritter,RR to BL A motion was made by Mr.Salitsky to recommend to the County Commissioners that this case be denied based on the testimony of the public hearing and the findings of fact in the Staff Report and Analysis and the Staff Recommendation.Seconded by Mr.Iseminger.So ordered.Dr.Johns voted against the denial. RZ-362 -David Collins,RU to BL A motion was made by Mr.Salitsky to recommend to the County Commissioners that this case be denied based on the findings of fact in the Staff Recommendation.Seconded by Mr.Zombro.Mr.Salitsky and Mr.Zombro voted aye,Mr.Iseminger,Ms.Acord,and Mr.Johns voted no.The motion failed. Mr.Johns then moved to approve the application based on a change in the character of the neighborhood based on construction of Eastern Boulevard. Ms.Acord seconded.In a unanimous vote of aye,the Commission recommended that the application be approved. RZ-364 -The Martin Company Parcel 351,A to BG,Parcel 433,A to RS A motion was made by Mr.Iseminger to recommend to the County Commissioners that Parcel 351 be approved based on the testimony of the public hearing, the findings of fact in the Staff Report and Analysis,and the Staff Recommendation.Seconded by Mr.Zombro.So ordered. A motion was made by Mr.Salitsky to recommend to the County Commissioners that Parcel 433 be denied based on the evidence received from testimony at the public hearing,the findings of fact in the Staff Report and Analysis, and the Staff Recommendation.Seconded by Mr.Iseminger.So ordered. RZ-365 -Text Amendment,Section 26.3 Right of Entry A motion was made by Mr.Zombro to recommend to the County Commissioners that the Text Amendment for Section 26.3 be approved as it was presented at the public hearing.Seconded by Dr.Johns.So ordered. 357 358 Rezoning Schedule: Mr.Hawbaker stated that a letter was sent from John Urner to the County Commissioners about the Wolfinger rezoning application wherein he asked that the Board deny the applicant permission to refile for rezoning on the same tract within one year.•Mr.Hawbaker stated the David Poole,the County's Attorney,was of the opinion that so long as the County Commissioners did not act on the rezoning application,the applicant can refile for the next public hearing.Mr.Hawbaker presented the Commission with a rezoning fee schedule of various counties as requested by the County Commissioners to determine if raising the fee for a rezoning application would remedy the withdraw/refiling problem.The Commission decided,considering the late hour,that this is a matter that will need to be discussed at a later date. At this time,Mr.Byers suggested that the Commission set up a date to discuss the Brightwood Acres/Londontowne Connection.After a discussion, the date of July 30,1987 at 1:30 PM was set to hold a workshop session. ADJOURNMENT : There being no further business,the meeting was adjourned at 12:00 PM. ,"':2'.~czU -//Jack B.yers;~irman ~//' V/ "'""'"(V) (!J <:( <:( Washington County Planning Commission Special Meeting July 9,1987 Present were:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro;Ex- Officio,Richard E.Roulette;Sidney Salitsky,Judith A.Acord,Executive Director,Jack S.Hawbaker;and Malcolm Davis,of Davis,Renn and Shrader. Absent were:Ray Johns and Bertrand Iseminger. At a special meeting convened at 5:00 p.m.on July 9,1987,the Planning Commission considered a revised entrance design on Pennsylvania Avenue for the Sheetz Store located at the corner of u.S.11 and Maugans Avenue. Mr.Davis explained to the Commission that further site development is at an impasse because the State Highway Administration will not issue an entrance permit for a right-in/right-out only design onto u.S.11.It is the State's decision that a design prohibiting left turn movements from and onto Pennsylvania Avenue will result in traffic stacking between the Maugans Avenue entrance and the Pennsylvania Avenue/Maugans Avenue intersection. Mr.Davis explained that he has pursued the State's position as far as Mr. Kassoff,State Highway Administrator,who supports the decision of the Traffic;Engineer in the Lavale Office. On a motion by Mr.Zombro and seconded by Mr.Roulette,the Planning Commission voted to approve the amended site plan,dated July 6,1987,with the revised entrance onto U.S.11 as mandated by the State Highway Administration.So ordered. ) lrman 367 368 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -JULY 6,1987 The Washington County Planning Cormnission held its regular meeting on July 6,1987 at 7:00 PM in Court Room No.1 of the Court House. Present were:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro;Ex- Officio,Richard E.Roulette;Bertrand L.Iseminger,Judith A.Acord,Sidney Salitsky,and Dr.Ray 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 and Inspections,Paul Prodonovich,and Secretary, Janet L.King. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 PM. Brightwood Acres/Londontowne Section B Connection: Mr.Hawbaker began by stating that he had been approached by citizens from the Brightwood Acres neighborhood expressing their concern about current construction in Section B of Londontowne and the proposed road connection between Londontowne Section D of Brightwood Acres.He explained that section A of Londontowne is off Landis and Day Roads,that future Section C is to the east of Section B,that Section D is along Landis Road,and that all sections were the subject of discussion between the County and City Planning Cormnissions and the developer in 1982.Mr.Hawbaker stated that the Planning Cormnission in January 1980 gave Mr.Sheedy,developer of Londontowne,permission to make a future connection between Section B of Londontowne and section D of Brightwood Acres.In the 1982 discussions between the two Cormnissions and Mr.Sheedy,agreements were reached whereby future development in Section C would be provided access to Mt.Aetna Road via a road,the alignment of which is yet to be determined,possibly across Ditto Farms Park land.Mr.Hawbaker stated that Mr.Sheedy recently met with the County Commissioners and the representatives of Brightwood Acres to discuss the concerns of the Brightwood Acres residents.A possible compromise was discussed whereby lands would be exchanged between Mr.Sheedy and the County with Mr.Sheedy acquiring a portion of the western end of the park lands to construct a road and the County acquiring the northern part of Section C plus some land in Section A.Mr.Hawbaker informed the Commission that Section D of Brightwood Acres was recorded in 1970 and shows a portion of land reserved for future development,all of which was subsequently purchased by Mr.Sheedy for connecting Section B of Londontowne with Section D of Brightwood Acres. At this time,Attorney John Urner spoke for the residents of Brightwood Acres and asked the Cormnission to reconsider and reverse the previous approval to link Section B of Londontowne to Brightwood Acres because of the adverse effect the new traffic would have on existing residences in Brightwood Acres. At this time,Attorney William Wantz spoke for Mr.Sheedy,the developer of Londontowne,and said that Mr.Sheedy,in developing the various sections of Londontowne,intends that they complement existing development in Brightwood Acres.He went on to say that the recorded plat for Brightwood Acres indicates that there was always intended for an access road to be constructed between Maplewood Drive and the remaining lands to the east.He stated that the owners in Brightwood Acres knew that at some point in the future these lands would be developed.Mr.Wantz stated that Mr.Sheedy is proposing to develop single-family homes on this parcel similar to the type of residential development in Brightwood Acres with only 42 homes in the western portion of Section B on lots ranging from 13,000 square feet to 50,000 square feet.Only this portion of Section B is to have access to Maplewood Drive with the remaining part of Section B having access across either Section B or a new road out to Mt.Aetna Road.The road in Section B is to be designed so as to prevent the eastern portion from having access onto Maplewood Drive.Mr.Byers stated that the Planning Cormnission will not be making a final decision at this time but that it will ..-;;;t ..-;;;t (Y) (9 «« decide in the near future and will respond to the Brightwood Acres residents.He said that any further comments can be made in writing within the next week. MINUTES: There were some changes to the minutes of the June 1 regular meeting.The minutes should have said that the motion to grant the Gretchen Van Hyning variance was unanimously approved prior to it being tabled.Under the South County Study,the word of historic sites should be changed to and historic sites.Under the Boonsboro Water and Sewer Plan,the motion to approve the amendment was unanimously carried. Mr.Zombro made a motion to approve the minutes of the June meeting as corrected,seconded by Mr.Iseminger.So ordered. Mr.Iseminger made a motion to approve the minutes of the Sheetz Store, seconded by Mr.Salitsky.So ordered. Mr.Zombro made a motion to approve the minutes of the Special Meeting held on June ,26,seconded by Mr.Iseminger.So ordered • UNFINISHED BUSINESS: Gretchen Van Hyning Variance: Mr.Hawbaker stated that the variance for Gretchen Van Hyning was tabled at last month's meeting due to the rezoning hearing on June 8,1987.After a brief review of the variance request by Mr.Lung,Mr.Zombro made a motion to table the variance because Ms.Van Hyning was not in attendance to present her request.The motion was seconded by Mr.Salitsky.So ordered. NEW BUSINESS: Variances: Robert J.Johnson: Mr.Lung presented the variance for Robert Johnson who is requesting that the Commission release him from the S-year condition of the Subdivision Ordinance attached to land conveyed to an immediate family member without public road frontage.The subject site is located on the south side of U.S. 40 near the intersection of Spickler Road.Mr.Johnson is proposing to convey the existing lot to someone not a family member within the S-year period for the subdivision approved by the Commission in October 1984.This parcel was conveyed by Reed Johnson to his grandson,Robert Johnson.Robert Johnson's request is based on financial difficulties;two and 2/3 years have passed since the subdivision was approved.The property has access to Route 40 via a right-of-way owned by James Johnson who does not Object to the selling of this parcel.There are currently four residences using this existing right-of-way.Mr.Iseminger made a motion to approve the variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Mr.Roulette.So ordered. Marlin Durbin: Mr.Goodrich presented the variance for Marlin Durbin.The subject site is located on the south side of MD Route 68 east of College Road.The variance is being requested from the Highway Plan which requires 500 feet of separation between access points.Mr.Durbin is proposing to create a new access without the required separation.The County Engineer has not reviewed the variance because of the late submittal and the fact that he has no authority on a state road.State Highway Administration stated that site distance is marginal;verbal approval has been received.The staff is recommending disapproval because site distance is marginal and the access can be provided more safely from the existing lane on the remaining lands. Mr.Durbin stated that he feels his hardship is that if he would move the access,it would be where the septic system is proposed.Mr.Zombro made a motion to approve the variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Ms.Acord.So ordered. 369 370 Kathy Oberosler: Mr.Goodrich presented the variance for Kathy Oberosler.The subject site is located on the northwest side of Robinwood Drive.The variance is being requested from the Highway Plan which requires 300 feet of separation between access points on a Major Collector roadway.Ms.Oberosler is proposing to create a new access point with less than the required separation,205 feet to the south and 45 feet to the north.Mr.Goodrich stated that site distance is good in both directions.The County Engineer has had no comments,but approval is subject to his review of a plat.Mr. Zombro made a motion to approve the variance based on a hardship that would result from strict compliance to the Ordinance and also based on the County Engineer's approval,seconded by Ms.Acord.So ordered. Denald Thomas: Miss Kelly presented the variance for Donald Thomas.The SUbject site is located along the southside of MD Route 68,.8 miles west of Alternate Route 40.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 collector roadway. Mr.Thomas is proposing to create one entrance that will serve four residential lots.This driveway will be located approximately 250 feet east of an existing entrance which serves the remaining lands of Mr.Thomas. State Highway Administration has no objection to the four entrances coming off the existing driveway.Ms.Acord made a motion to approve the variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Dr.Johns.So ordered. w.Louis Plummer,Jr.: Miss Kelly presented the variance for w.Louis Plummer,Jr.The subject site is located on the southside of East Oak Ridge Drive,.2 miles west of Funkstown.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 300 feet between access points on a major collector roadway. Mr.Plummer is proposing to create an entrance for commercial purposes within 300 feet of an existing entrance by subdividing a 1.8 acre lot from his 25 acre tract.Access to the commercial site will be provided by an entrance off of East Oak Ridge Drive.The proposed entrance location is approximately 90 +feet west of an existing residential driveway,210 feet closer than the required amount.The County Engineer has no problem with the variance,but no written approval has yet been received.Mr.Roulette made a motion to approve the variance based on a hardship that would result from strict compliance to the Ordinance and also based on County Engineer's approval,seconded by Mr.Iseminger.So ordered. Subdivisions: Brightwood Acres,Lot 4: Miss Kelly presented the preliminary/final plat and site plan for Brightwood Acres,Lot 4,located on the south side of East Oak Ridge Drive.It is the same site that was the subject of the above requested variance.The proposed building site has a current zoning of Highway Interchange.There are no existing structures on the site and it is currently covered with trees and brush.A 30 x 60 foot building will be constructed to be used as a beauty parlor.There will be 13 parking spaces in the front portion of the site.An individual well and septic system will serve the site.The proposed entrance will be off Oak Ridge Drive.Mr.Roulette made a motion to approve the preliminary/final plat and site plan,seconded by Ms.Acord. So ordered. Village Green: Mr.Lung presented the preliminary/final plat and site plan for Village Green,a small shopping center to be located on a .92 acre lot in the northeast quadrant of Longmeadow Road and Leitersburg Pike.The applicant is proposing to construct four retail shops with area of 8,000 square feet. ...-;;t ...-;;t (Y) CJ <t <t There will be a single entrance/exit onto Longmeadow Road.The Planning Staff met with the developer and theirconsultant on June 4 and at that time indicated the changes necessary to bring the Site Plan into compliance with the standards of the Zoning Ordinance.The revised Site Plan,Mr.Lung informed the Commission,was received today at 3:30,and there has not been time for review to determine if it contains the necessary corrections.One of the principal concerns relayed by the Staff to the consultant and developer was the need for additional parking spaces.The lack of adequate parking was a concern of both the Planning Staff,the Permits and Inspections Office and the County Engineer.The revised plan must be now be resubmitted to all agencies.Mr.Shrader stated that a revision was made to the plan to add additional parking spaces.Approval has been received from the State Highway Administration and the County Engineer on the subdivision plat.The County Engineer has requested revisions to the site plan to add 'no parking'signs along Longmeadow Road.The Health Department has requested a revision to the septic area.Mr.Roulette made a motion to approve the preliminary/final plat and site plan upon the receipt of all agency approvals,seconded by Mr.Zombro.So ordered. James Pasike,Jr.: Miss Kelly presented the preliminary/final plat for James Pasike.The property is located on the north side of Woburn Road.The subject site is zoned agriculture.Mr.Pas ike is proposing to create 4 residential lots with an area of between 1 to 9 acres.Each lot will have individual well and septic systems.All agency approvals have been received.Mr.Iseminger made a motion to approve the preliminary/final plat,seconded by Dr.Johns. So ordered. Mike and Cathy Jordon: Mr.Lung presented the preliminary/final plat for Mike and Cathy Jordon for a residential subdivision to be located on the south side of Dellinger Road east of Neck Road.Lots 1 and 2 will consist of 4 acres;lot 3,6.02 acres; and lot 4,7.05 acres.Lots 2,3,and 4 will have access by 3,25 foot panhandles,lot 1 will have 387 feet of frontage on Dellinger Road.Each lot will have its own well and septic system.Approvals have been received from the County Engineer and the Health Department.Dr.Johns made a motion to approve the preliminary/final plat,seconded by Mr.Salitsky.So ordered. John R.Thomas Service Garage: Mr.Lung presented the preliminary plat and site plan for John R.Thomas Service Garage,which is located east of Antietam Drive.The subject site is zoned IG.Mr.Thomas is proposing to construct a 40 x 100 foot building with gravel parking area to be used for a truck service garage.Access to the site is via an existing private gravel road which adjoins a paved private road to 1.C. C.Cement Company.The Planning Commission granted a variance to create this lot without public road frontage at its June 1,1987 meeting.The septic locations are unacceptable to the Health Department due to the presence of rock,and new septic location and perc tests were requested.The Washington County Soil Conservation District and County Engineer approvals have been received.Comments were received from the Permits Office stating that additional parking spaces need to be provided,a landscape plan needs to be submitted,and a note should be placed on the plat that no junk and/or salvage materials shall be stored on the premises. The staff suggested that the Planning Commission grant approval based on receipt of the revised plat and all agency approvals.Mr.Zombro made a motion to grant the staff authority to approve under those conditions, seconded by Ms.Acord.So ordered. Site Plans: D.L.George and Sons: Miss Kelly presented the site plan for D.L.George and Sons which is located at the end of Mason-Dixon Lane and south of State Line Road.She stated that the site plan was first approved by the Planning Commission in January,1986.This is a revised site plan which is similar to the first; 371 372 however,the parking area has been doubled in size.The proposed land use of this subject site will be truck parking area and a dispatch office.Mr. Prodonovich informed the Commission that the site work has already be accomplished by the owner.Ms.Acord made a motion to approve the site plan,seconded by Dr.Johns.So ordered. OTHER BUSINESS: 'Residential Subdivision Utility Boxes: The review of utility boxes on residential lots in subdivisions resulted from the matter being referred by Commissioner Bowers to the Planning Commission because of concerns expressed by residents in the Potomac Heights subdivsion.Mr.Hawbaker told the Commission that he and Commissioner Bowers had toured a number of subdivisions recently with representatives from Potomac Edison in order to assess the visual impact that utility boxes may have in those subdivisions.The representatives from the public utilities were Nancy Neff and Paul Stiller from Potomac Edison,Robert Shipley from C &P Telephone,and Mr.Callahan from Antietam Cable.Miss Neff and Mr.Stiller explained to the Commission the matter in which the utilities are regulated by the Public Service Commission in the placement of utility boxes,which for the most part house transformers that formerly would have been on utility poles.They informed the Commission that the placement of these transformers below ground is impractical because of inadequate access for repair as well as moisture problems.The utility representatives did conceed that more care should be exercised by the land developer in the compaction of soil before the placement of utility boxes. The Potomac Edison representatives provided the commission with recommended specifications for the planting of landscaping around these boxes.After a brief discussion,the Commission agreed by concensus that since the placement of these utility boxes on residential lots constitutes an essential service,no further action is needed on the part of the Commission.The Commission instructed the Executive Director to inform the Board of County Commissioners of its action in this matter. South County Study Status Report: Mr.Larry Duket,from the Department of State Planning informed the Planning Commission of the status of the South County study.He stated the contract has been signed by the Department of State Planning and the County.The work programs for the consultant's study have been prepared in draft form. He stated that the Department has reviewed the Antietam Plan for the Battlefield buffers,and they have acquired aerial photos for the study area. Preliminary Consultation: Oliver Britner: The preliminary consultation for Oliver Britner was presented to the Planning Commission for its information only with nothing to be added by the staff. Lobo Acres: The preliminary consultation for Lobo Acres was presented to the Planning Commission for its information only with nothing to be added by the staff. Windsor Farms: Mr.Lung informed the Commission that the proposed 71 lot residential subdivision called Windsor Farms is not in conformance with the Comprehensive Plan due to its location outside of the Growth Area on Prime Agricultural land,within non-tidal wetlands and near the headwaters of a class III natural trout stream.The Town of Bocnsboro is concerned with the development because it would not be able to serve the proposed development with pUblic facilities;if the septic systems fail and the wells go bad. Mr.Hawbaker informed the Commission that the development of 71 residential lots in one subdivision in the rural area of the County is not consistent with the Comprehensive Plan because of the resulting loss of agricultural ~ ~ (Y) (9 <:( <:( land,the problems resulting to groundwater from septic systems,and the future likelihocd that subdivisions of this nature will create a demand for costly infrastructure.He reminded the Commission that it removed from the annual work program in January,1987 those elements of the Plan intended to address rural development.By consensus,the Commission agreed that continued development of this sort may impose unwarranted problems for the County.The Commission instructed Mr.Hawbaker to place the elements of the Plan again on the work program for the next calendar year. Fieldstone Acres: Mr.Lung reminded the Commission of the Text Amendment recently approved to Zoning Ordinance eliminating the 600 foot cul-de-sac length.He stated that on the preliminary consultation for Fieldstone Acres,the developer is proposing a 1,200 foot cul-de-sac and asking for the Planning Commission's approval.Mr.Lung stated that the County Engineer has no problem with the length of the cul-de-sac,and he has had no response to date from the affected fire department.By concensus,the Planning Commission sees no problem with the length of the proposed cul-de-sac. Water and Sewer Plan Status: Mr.Hawbaker informed the Commission that the State Health Department has recently approved the updated Water and Sewerage Plan.No action was required by the Commission. Parks Plan Status: Mr.Stachoviak informed the Commission that public review meetings were held on the Parks Plan without a great deal of public response.He stated that a public hearing will be held in the future by the County Commissioners at one of their regular meetings.The draft version of the Parks Plan is still in work and is expected to be completed shortly for distribution to all interested parties prior to the public hearing. Site,Plan Review: Mr.Hawbaker stated that the staff has met with Paul Prodonovich to discuss the site plan review concept and that site plans will now be submitted to the Permit Office to be reviewed within one day of the application.If Mr. Prodonovich's workload does not permit,he will send a copy of the site plan to the Planning Office to be reviewed by the staff,after which a response will be forwarded back to the Permit Office.This will provide the Permit Office with the necessary information for processing the site plan to the reviewing agencies or for returning it to the consultant for any necessary revisions. Subdivision Roads -Roger Wolf: Mr.Hawbaker stated that the Wolfs asked the County Commissioners to upgrade the private section of Brown road leading back to their subdivision to County standards.He stated that the County Commissioners informed the Wolfs that it is up to the developer to build the road and then convey it to the County for maintenance purposes.The Planning Commission is recommending that the County Commissioners abide by the adopted policies concerning private roads in the County and disallow the request from the Wolfs for financing road construction that would benefit a private developer.In making this recommendation,the Commission affirms the position taken by the Board in its letter to the Wolfs of 1986. Highway Interchange Study: Mr.Hawbaker informed the Commispion that he now has a revised concept for the Highway Interchange district that will retain the desired flexibility while eliminating some of the conflict characteristic of the present HI structure.Another meeting with the Economic Development Commission is now in order.After a brief discussion,the dates July 29 or July 30,1987 were decided on to meet with EOC.Mr.Hawbaker said he would arrange for a date and notify both Commissions by memo. 378 374 COMMUNICl<rIONS: Letter from Halfway Volunteer Fire Company: Mr.Hawbaker stated that he received a letter from Douglas DeHaven, Assistant Chief of Halfway Volunteer Fire Company who stated that the fire company is concerned with development along Hump Road and with its ability to provide adequate fire protection to these businesses.After a brief discussion,Mr.Iseminger made a motion to have the Executive Director write a letter to the County Commissioners expressing the Commission's agreement with the fire company regarding this matter.He suggested enclosing a copy of the letter from Mr.DeHaven.Dr.Johns seconded the motion.So ordered. Rezoning Cases from June 8,1987 Public Hearing: RZ-357 -R.Martin Palmer,Jr.,HP-BL to HP-A A motion was made by Mr.Zombro to recommend to the County Commissioners that this case be denyed based on the testimony of the public hearing and the findings of fact in the Staff Report and Analysis and the Staff Recommendation.Dr.Johns seconded.So ordered. RZ-360 -Board of County Commissioners,A to IG A motion was made by Dr.Johns to recommend to the County Commissioners that this case be approved based on the testimony at the public hearing and the findings of fact in the Staff Report and Analysis and the Staff Recommendation.Seconded by Mr.Salitsky.So ordered. RZ-361 -Kenneth Ritter,RR to BL A motion was made by Mr.Salitsky to recommend to the County Commissioners that this case be denied based on the testimony of the public hearing and the findings of fact in the Staff Report and Analysis and the Staff Recommendation.Seconded by Mr.Iseminger.So ordered.Dr.Johns voted against the denial. RZ-362 -David Collins,RU to BL A motion was made by Mr.Salitsky to recommend to the County Commissioners that this case be denied based on the findings of fact in the Staff Recommendation.Seconded by Mr.Zombro.Mr.Salitsky and Mr.Zombro voted aye,Mr.Iseminger,Ms.Acord,and Mr.Johns voted no.The motion failed. Mr.Johns then moved to approve the application based on a change in the character of the neighborhood based on construction of Eastern Boulevard. Ms.Acord seconded.In a unanimous vote of aye,the Commission recommended that the application be approved. RZ-364 -The Martin Company Parcel 351,A to BG;Parcel 433,A to RS A motion was made by Mr.Iseminger to recommend to the County commissioners that Parcel 351 be approved based on the testimony of the public hearing, the findings of fact in the Staff Report and Analysis,and the Staff Recommendation.Seconded by Mr.Zombro.So ordered. A motion was made by Mr.Salitsky to recommend to the County Commissioners that Parcel 433 be denied based on the evidence received from testimony at the public hearing,the findings of fact in the Staff Report and Analysis, and the Staff Recommendation.Seconded by Mr.Iseminger.So ordered. RZ-365 -Text Amendment,Section 26.3 Right of Entry A motion was made by Mr.Zombro to recommend to the County Commissioners that the Text Amendment for Section 26.3 be approved as it was presented at the public hearing.Seconded by Dr.Johns.So ordered. 375 Rezoning Schedule: Mr.Hawbaker stated that a letter was sent from John Urner to the County Commissioners about the Wolfinger rezoning application wherein he asked that the Board deny the applicant permission to refile for rezoning on the same tract within one year.•Mr.Hawbaker stated the David Poole,the County's Attorney,was of the opinion that so long as the County Commissioners did not act on the rezoning application,the applicant can refile for the next public hearing.Mr.Hawbaker presented the Commission with a rezoning fee schedule of various counties as requested by the County Commissioners to determine if raising the fee for a rezoning application would remedy the withdraw/refiling problem.The Commission decided,considering the late hour,that this is a matter that will need to be discussed at a later date. At this time,Mr.Byers suggested that the Commission set up a date to discuss the Brightwood Acres/Londontowne Connection.After a discussion, the date of July 30,1987 at 1:30 PM was set to hold a workshop session. ADJOURNMENT: ///Z~Md ~/.<Jack B.'Byers,QI1ciirman There being no further business,the meeting was adjourned at 12:00 PM.~ ~ (I') (!J <::( <::( 376 WASHINGTON COUNTY PlANNING COMMISSION REGULAR MEETING -August 3,1987 The Washington County Planning Commission held its regular meeting on August 3,1987 at 7:00 PM in the second flaer conference raem of 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 Salitsky,and Dr.Ray 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 Prodonvich,and Secretary,Janet L.King. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 PM. MINUTES: A correction was made to the minutes of the previous meeting on rezoning case RZ-362 for David Collins.The minutes should read that Mr.Salitsky made the motion to deny this rezoning case with a second by Mr.Iseminger. The remaining Planning Commission members disapproved of the motion.Dr. Johns then moved to approve the rezoning case,and the matter was seconded by Mr.Zombro. In the section under utility boxes,it should read "The utility representatives did conceed that more care should be exercised by the utility contractor in the compaction of soil before the placement of utility boxes",not the land developer. On a motion made by Mr.Zombro and seconded by Dr.Johns,the mintues of the July regular meeting were approved as corrected. UNFINISHED BUSINESS: Gretchen Van Hyning Variance: Mr.Hawbaker stated that this variance was initially reviewed at the June meeting and was tabled at the July meeting due to the absence of Ms.Van Hyning.Mr.Roulette made a motion to bring the variance back on the table, seconded by Ms.Acord.After a brief review of the variance request by Mr. Lung,Dr.Johns made a motion to grant the variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Mr. Zombro.So ordered. Brightwood Acres: This matter is a carryover from the July meeting when citizens of Brightwood Acres protested the street connection between Section D of that subdivision and Section B of Londontowne.Following the July meeting,the County Attorney issued an opinion stating that the developer had acquired certain vested rights when he bought the portion of Section D that was designated on the recorded plat for future development.A workshop meeting was also held by the Commission on July 30 to discuss this matter.Mr.Byers noted the letter from the County Attorney and said that in his opinion the Planning Commission cannot rescind the action that was taken in 1980.Ms.Acord then made a motion not to reconsider the Commission's action of January 1980 when it granted Mr.Sheedy the right to connect Section B of Londontowne with Section D of Brightwood Acres.The motion was seconded by Mr.Salitsky.So ordered. ~ ~ (Y) CJ <:( <:( NEW BUSINESS: Variances: Teresa Bousley: Mr.Lung presented the variance for Teresa Bousley.The variance is being requested to amend the statement from a previously recorded plat stating that the property will not be conveyed to anyone not a member of the immediate family for a period of five years.The subject site is located on the south side of MD Route 63 off of Lake Drive.Mr.Lung stated that Ms. Bousley is ready to build on the site but is unable to obtain a loan from the bank due to the 5 year conveyance clause on the plat.After a brief discussion,Mr.Roulette made a motion to grant the variance based on a hardship which would result from strict compliance to the Ordinance and also by adding the following statement to the plat "EXCEPT FOR ANY CONVEYANCE NEEDED 10 SATISFY A LENDING INSTITUTION IN CASE OF DEFAULT ON A WAN", seconded by Mr.Iseminger.So ordered. Subdivisions: Lobo Acres: Miss Kelly presented the preliminary and final plat for Lobo Acres located on the north side of Spade Road.The developer proposes to create 11 residential lots on a 138 acre parcel with lots ranging in size from 2 to 33 acres.Each lot will have individual wells and septic systems.All agency approvals have been received except for the Health Department where verbal approval was received.Dr.Johns made a motion to approve the subdivision plat,seconded by Mr.Salitsky.So ordered. Wayne Weber: Mr.Lung presented the simplified plat for Wayne Weber and the site plan for Hub Labels at the same time because Mr.Weber's land is to be acquired by the owner of Hub Labels,Mr.Dahbura,who intends to expand his printing facilities.The land acquisition is necessary to satisfy the setback requirements in the HI district.The area to be conveyed is .22 acres,and the expansion of Hub Labels will consist of the construction of a 100'x ISO'addition to the rear of the existing building.Ten parking spaces will be added.Screening with white pines will be used along the rear property line.A 75'buffer along the rear property line will still be needed,and a 50'buffer on the east is needed to comply with the HI standards.Mr. Roulette made a motion to approve the simplified plat,seconded by Dr. Johns.Mr.Roulette also made a motion to approve the site plan as submi t ted,seconded by Mr.Salitsky •So ordered. Garden Spot: Mr.Lung presented the preliminary and final plat of Section F and the preliminary plat of Section G for Garden Spot located on the south side of Salem Road.Section F will consist of 18 residential lots and the extension of Daisy Drive.Section G will consist of 5 residential lots and the extension of Bluebell Drive.Public water and sewer will be available for both sections.The County Engineer has approved the subdivision.Verbal approval has been received from the Hagerstown Water Department.The Sanitary District has requested minor revisions and is awaiting approval of the expansion of the subdistrict boundary by the City of Hagerstown.The Health Department will need approvals from the Water Department and the Sanitary District before granting its approval •.The consultant is requesting that the staff be granted the authority to approve the subdivision pending receipt of agency approvals.Dr.Johns made a motion to approve Section F;Preliminary and Final,seconded by Mr.Zombro and Mr. Roulette made a motion to approve Section G;Preliminary,seconded by Mr. Zombro,both pending agency approvals.So ordered. 377 378 Jerry Massey: Miss Kelly presented the resubdivision for Jerry Massey,lots 1 and 2, located at the intersection of Massey Boulevard,Railway Lane and Underpass Way.Mr.Massey is proposing to subdivide a 10 acre parcel into 2 lots. Lot 1 will consist of 6 acres and will be used for a truck service area. Lot 2 consists of 4 acres and will be used for the new Lincoln-Mercury dealership.Public water and sewer are available.All agency approvals have been received.Mr.Zombro made a motion to approve the resudivision, seconded by Dr.Johns.So ordered. Brightwood Acres East: Mr.Goodrich presented the preliminary plat for a 55-lot addition to the residential subdivison of Brightwood Acres East,located north of Section A on the north side of Mt.Aetna Road.Section B consists of 29 acres.There is 55 acres remaining to the east.Public water and sewer will be provided.The development will be on a low pressure system using grinder pumps.The proposed roads will be designed to County standards and then dedicated to the County.The County Engineer requested revisions of the stonnwater management for Section B.Approvals have been received from the Health Department,Hagerstown Water Department and Water Pollution Control. Mr.Salitsky made a motion to approve the preliminary plat based on receipt of approval from the County Engineer,seconded by Dr.Johns.So ordered. Preliminary Consultations: Terrace Hills: Mr.Lung presented the preliminary consultation for Terrace Hills to the Planning Commission.He noted that the consultation was held on July 23, 1987.The SUbject site is located north of Hagerstown off Cathedral Avenue. He stated that there are 16 lots being proposed for Section Band 6 lots proposed for Section C.Mr.Lung stated that the written summary of the consultation should be completed by the September meeting. Robert Beck: Mr.Goodrich presented the preliminary consultation for Robert Beck.He noted that this is the first cluster subdivision being proposed for Washington County.He stated that in a cluster subdivision,the dwelling units can be located on smaller lots than allowed in the zoning district with the remaining lands reserved as open space.This development consists of 56 units on 26 acres,with an average lot size of 9,700 square feet. There will be 13 acres remaining for open space and the proposed on-site septic system.Mr.Goodrich stated that the Zoning Ordinance does not designate setbacks for a cluster subdivision.He stated that the developer is proposing the setbacks from the 'RS'district of 25'in the front,40'in the rear,and 8'for the side yard.He noted that the Zoning Ordinance states that the Planning Commisison may authorize this type of development and also approve the setbacks proposed or modify them as appropriate for the vicinity. At this time,Mr.Hamilton,an adjacent property owner said that he is concerned with the water and septic systems in the area.He noted that this area has had problems with the septic systems in the past and feels that this development will add to the problem.Mr.Carl Rosenberry,developer of LuRose Estates,stated that he does not want a road constructed to connect his development with the proposed cluster subdivision.He stated that he gave Mr.Beck 50'of his property with the understanding that there would not be a road constructed.The County Engineer stated in his comments that the developer will be required to dedicate 25'wedges or turning flares in addition to the 50'right-of-way required for a new County road.After a brief discussion,Mr.Zombro made a motion to table the matter until the Commission can make a visit to the site.The motion was seconded by Mr. Salitsky •So ordered. ~ ~cry CJ <C <C Sharrett Auto Mall: Mr.Goodrich presented the preliminary consultation for Sharrett Auto Mall located on Route 40 along Beaver Creek Road south of 1-70.He stated that there is concern from the County Engineer and the State Highway Administration about access to the site.There were three suggestions presented during the consultation:1.)use the Baptist Temple entrance to the back of the site,2.)a crossover from Route 40 to the site,or 3.)use of the existing road network with improvements.He noted that the site is zoned HI,and a 75'buffer will be required due to the adjacent house and church.He stated that the proposed parking is located within the 75' buffer yard.Mr.Goodrich asked the Planning Commission if there is a need for an additional buffer.By concensus,the Planning Commission will not require more than the 75'buffers. Hagerstown Travelers Plaza: Mr.Goodrich presented the preliminary consultation for Hagerstown Travelers Plaza.He noted that the subject site is zoned HI and is located along Route 144,east of 1-81 and south of Route 40.There is a proposal to break the access controls on Route 40 to construct a new public road through the site and connect to Route 144.Public water and sewer will be available. At this time,Mr.Hoover,a representative for the adjacent neighborhood, stated that he and his neighbors are opposed to the truck stop because it will create greater traffic problems on Route 40.He stated that there will be water pollution due to the carbon monoxide fumes form the trucks and informed the Commission that there is a petition being circulated opposing the truck stop.By concensus,the Planning Commission decided to visit this site during a future field trip. Hager Hull: The preliminary consultation for Hager Hull was presented to the Planning Commission for its information with no further comments to be added by the staff.No action was taken by the Planning Commission. Floyd R.Kline: Mr.Lung presented the preliminary consultation for the Floyd Kline Planned Unit Development.He noted that the application for PUD rezoning was withdrawn prior to the June hearing to allow the developer to workout problems concerning the access to Route 11 and the sewerage allocation.No action was taken by the Commission. OTHER BUSINESS: Xerxes Corporation: Mr.Hawbaker stated that the Planning Commission gave the staff the authority to approve the plan for Xerxes with the understanding that if there are any complications it will come back to the Planning Commission for its review and approval.Because of a problem with the soil on the original site,the building will now need to be moved 100 feet,and a revised site plan will be submitted by the consultant.Mr.Papa requested that the Commission grant the staff authority to approve the revised site plan as it did with the first site plan in March.Mr.Salitsky made a motion to grant staff approval,seconded by Ms.Acord.So ordered. COMMUNICATIONS: Letter from Constance Lieder: Mr.Hawbaker brought to the attention of the Commission the letter from Secretary Lieder announcing her intentions to have the Maryland State Planning Commission and the Department of State Planning become more involved in local planning matters.The Commission so noted the information. 379 380 Subdivisions: Pleasant View Inn: Mr.Lung presented a preliminary and final subdivision plat and variance request for Pleasant View Inn located along Route 11 north of Maugans Avenue.He noted that the variance is being requested from the Highway Plan which requires a right-of-way dedication 50 feet from centerline.The owner is requesting a waiver of the right-of-way dedication due to existing structures within the right-of-way.The site contains an existing two story,four unit apartment and a restaurant.The applicant is proposing to subdivide the restaurant from the apartment to create two lots.A portion of the apartment building and restaurant would infringe on the dedicated right-of-way.Verbal approval has been received from State Highway Administration on the subdivision plat,as well as written approval from the County Engineer and Sanitary District.Health Department approval is still outstanding.Mr.Roulette made a motion to grant the variance based on a hardship which would result from strict compliance to the ordinance, seconded by Mr.Zcmbro.Dr.Johns made a motion to approve the subdivision plat pending receipt of agency approvals,seconded by Mr.Roulette.So ordered. Donald Thomas: Miss Kelly presented the preliminary and final plat for Donald Thomas,lots 1 through 4.The site is located on the south side of Route 68,1 mile west of ROl.lte 40 in Boonsboro.The applicant is proposing to subdivide 11 acres from his 153 acres tract.Proposed lot size will range from 1 to 7 acres. All residential lots will be served by private wells and septic systems and will share a common entrance/exit off of MD Route 68.Required agency approvals have been received except for the State Highway Administration. Mr.Zombro made a motion to approve the plat contingent on State Highway Administration approval,seconded by Ms.Acord.So orderded. OTHER BUSINESS: Rezoning Text Amendment -RZ-367 HP District: Mr.Goodrich noted that a public hearing was held by the County Commissioners on July 28,1987 to consider Text Amendment to Article 20 of the Zoning Ordinance.By concensus,it was decided that this matter will be considered at the September meeting. Water and Sewer Plan Amendment for Sandy Hook: Mr.Goodrich stated that a proposed amendment to the Washington County Water and Sewer Plan was received from the Sanitary District proposing a public water and sewer system for the Sandy Hook area.He noted that amendments to the Plan come before the Planning Commission before recommendations are submitted to the County Commissioners.After a brief discussion,Ms.Acord made a motion to recommend to the County Commissioners aproval of the amendment to the Water and Sewer Plan to include the Sandy Hook area, seconded by Mr.Iseminger.So ordered. Smithsburg Town Growth Area --Doug Bachtell Development: Mr.Goodrich stated that the Smithsburg Planning Commission forwarded a plan for the residential development proposed by Doug Bachtell.The site is located on Cave Hill Road and Main Street in Smithsburg.The development will consist of 370 dwelling units on 200 acres.There will be one access to the site via the Smithsburg-Leitersburg Road.Mr.Goodrich noted that in the Smithsburg Town Growth Area,the County and the Town of Smithsburg work together to review and approve the plans.After a brief discussion,the Planning Commission by concensus recommended that the plan be sent to the appropriate reviewing agencies. "'f "'f ('i') (9 <:t <:t Land Preservation and Recreation Plan: Mr.Hawbaker informed the Planning Commission that the Land Preservation and Recreation Plan is scheduled for public hearing with the County Commissioners on August 11.The Plan has had the benefit of review in three public review meetings attended by members of the Parks Board,and that no adverse comments were received from those meetings.Following the ten-day period after the public hearing,the Plan will then be adopted by the Commissioners and forwarded to the Department of State Planning and the Department of Natural Resources. Rezoning Applications: Mr.Hawbaker stated that the County Commissioners asked the Planning Commission to review the present rezoning fee schedule.Mr.Roulette said that the Commissioners suggested that raising the fees may be one method of dealing with the resubmittal of cases withdrawn.Mr.Hawbaker suggested that the best way to deal with the matter is for the County Commissioners to deny requests for withdrawal once the pUblic hearing has been held or else require the applicant to wait the full twelve months before refiling.After a discussion,by concensus the Planning Commission asked the Executive Director to come up with alternative measures for the refiling procedure. South County Study: Mr.Hawbaker stated that a letter was received from Larry Duket from the Department of State Planning along with a revised products list.After a brief discussion,the proposed completion dates were acceptable to the Commission. Junk Yard Status: Mr.Prodonovich stated that the Planning Commission approved the screening for the Lewis Miller junk yard on Reid Road.He stated that Mr.Miller has pub up an 8 foot high metal and wood fence without a permit.Mr. Prodonovich noted that he has contacted Mr.Miller to obtain a permit. After several trys,Mr.Prodonovich stated that he filled out the permit himself to be able to complete the file.No action was taken by the Commission. ADJOURNMENT: 381 There being no further business,the meeti~g.~as a~ourned ",t 11:00/QJ~4 .7Jack B.Byers';airman PM. 382 WASHINGTON COUNTY PlANNING COMMISSION REGULAR MEETING -SEPTEMBER 14,1987 The Washington County Planning Commission held its regular meeting on September 14,1987 at 7:00 PM in Court Room No.1,Court House,Hagerstown. Present were,Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro;Ex- Officio,Richard E.Roulette;Bertrand L.Iseminger,Judith A.Acord and Dr. Ray 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 and Inspections,Paul Prodonovich,and Secretary,Janet L.King. Absent was Sidney Salitsky. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 PM. MINUTES: Mr.Zombro pointed out an omission in the August 3 minutes concerning the request that the staff research the adopted standards for access point separation of the Highway Plan.At that time,a motion was made by Ms. Acord,seconded by Mr.Zombro,that in light of the numberous variances being granted by the Commission,the staff investigate the feasibility of reducing the distance requirements.Mr.Zombro then made a motion to approve the minutes of the August 3,1987 meeting to include the correction, seconded by Dr.Johns.So ordered. UNFINISHED BUSINESS: Hagerstown Travelers Plaza: Mr.Jack Byers,Chairman,informed the audience that this item is not being presented as a public hearing or a rezoning matter but as a continuation of the concept plan review from the August meeting.He stated that the site is zoned Highway Interchange and that a travel plaza is a permitted use in that district.The Commission,upon completing its review of the concept plan, will make recommendations to the consulting engineer on design features to be incorporated into the site plan.He stated that the site plan,to be submitted by the consultant at some future date,will be subject to review by the appropriate agencies,and the Planning Commission will give final approval to the site plan before issuing any building permits for construction on the site.Mr.Byers stated that access to the site, location of the buildings,landscape design,erosion and sediment control, sewer and water capability,signs,the functional design compatibility with the interchange intersection,buffer yards,distances to street access,and screening are some of the considerations that will be reviewed on the site plan. At this time,Mr.Stephen Goodrich,Senior Planner,stated that at the August regular meeting,the summary of the preliminary consultation was submitted for the Commission's review.During this preliminary meeting,all the various County agencies that will be reviewing and approving the site plan were present and supplied the developers with the information on requirements that will need to be met during development of the site and also some requirements that have not been met.At the August meeting,the Commission decided to take a field trip to visit the site prior to any action being taken.The developer is requesting approval of the concept plan so he may proceed with further detailed designs on the site.Mr. Goodrich noted that a site plan has been submitted,which is a formal application for approval of the development.He stated that a letter was received from the State Highway Administration on September 14,1987 reiterating its concerns brought out during the consultation.The State Highway Administration is requesting a traffic impact study which has not been received as of this date.To break the access controls on Route 40, this intersection must be a public road;a private road will not be permitted,and Washington County must make a formal request to the State Highway Administration to break the access control on Route 40.SRA is not in agreement to allow a separate access to the shopping center via MD Route ,"" """(Y) CJ <.t <.t 144 and requires that the entire development be served by the proposed new street.Storm water management provisions must be approved by the State as well as the County Engineer.In summary,Mr.Goodrich stated that the consultant is requesting of the Planning Commission approval of the concept plan in order that he can proceed with detailed engineering design for the development.Mr.Goodrich stated that it should be made clear that any approval for the concept plan is not construed as approval for the site plan. Mr.Malcolm Davis,of Davis,Renn and Shrader,reiterated that the concept plan was presented to the Planning Commission during the August meeting. Since the preliminary consultation was held,the plan has been revised in accordance with the comments from the reviewing agencies.He stated that the fast food restaurant has been moved,separate business entrances have been removed,and the remaining accesses have been improved. At this time,Mr.Tim Crosby,architect for the proposed development stated that when the project was being planned,they knew that the controlled access would need to be as far to the east on the site as possible on Route 40 with a large buffer area,per the Zoning Ordinance,along the eastern side of the property.There is a 2%slope on the main roadway extending to Western Maryland Parkway.He stated that the project was broken down into three phases;1.)the Travel Plaza,which is located as close to Route 40 as possible,2.)the shopping center,located at the southern edge of the site near Route 144,and 3.)the motel complex,the stormwater management pond, and the chapel,all located near Interstate 81.He stated that by breaking the project into phases,traffic flow in and out of the property would be at its best.Mr.Crosby stated that there is a great deal of green space ard buffer yards on all sides of the property and that the truck parking is in the 'well area',the lowest area of the site.Each parking area will be separated by a green space and be gate-controlled.He stated that the truck parking area is the greatest distance from any residential areas and is visible from the highway.Automobiles,he said,are restricted to the upper area of the site,and that there will be screening for the miniature golf course.Mr.Crosby also said that the lighting for the shopping center will be low intensity lighting directed so as to not cause unnecessary glare on adjacent residential areas and that the lighting diffusion will be aided by existing trees. The Commission asked what the time frame for the development would be.Mr. Baker,owner/developer of the site,stated that it's his desire to develop the entire site at one time;however,a lending institution may not want to put up enough money to develop the entire site at once,so it will be developed in phases.Phase 1 will be the Travel Plaza,Phase 2 will be the motel,and the Phase 3 will the shopping center.He stated that he would like to have tenants for the buildings before contruction is started. At this time,Sarah Foster,environmental consultant with Ideal Clemens,a nationwide Environmental consulting firm stated that the Environmental Impact Study has been completed.She noted that her firm analyzes environmental and human health impacts of pollution problems including hazardous wastes sites.She stated that her firm used a teChnique developed by the EPA to evaulate potential human health risks with air quality and water quality problems.In the study,they examined several chemicals contained in truck exhaust that could contaminate the air and ground water in the area.She stated that residents exposed to these chemicals in the concentrations expected at the site run a 2 in 100,000 chance of developing a related health problem (eg.cancer).Ms.Foster stated that the risks associated with drinking the water from the reservoir and dying from cancer were 2 in 100 million.She stated that the study also investigated the potential risks associated with a chemical that is not associated with cancer.They found that the maximum air concentrations estimated at the site for the chemical was below any measurement criteria established by EPA. Mr.Iseminger asked if there are guidelines on spills and accidents that may occur in the travel plaza.Mr.Baker stated that the EPA has guidelines for fuel related facilities in the case of accidential spills.There will need to be reservoir areas around fuel tanks;in addition to this,tanks will need to be placed into concrete vaults.The EPA requires that the stormwater management system have oil and grease separators prior to any of the stormwater entering into the stormwater management system. 383 384 At this time,Mr.Michael Shaefer,attorney,stated that the residents in the area are opposed to this development.He said that the main concerns of the residents in the area are:1.)the increase in traffic along Route 40 and Route 144,2.)the serving of alcohol at establishments on the site and the resulting possibilities for an increase in drunk driving problems,3.) the probability of increased crime in the area with drugs and prositution, and 4.)air pollution from the truck fumes will cause breathing problems and will discolor homes.Mr.Shaefer stated his opinion that a shopping center was a Planned Business district zoning use and is not allowed in the "HI" district. Dr.Johns made a motion to approve the general concept plan for the Hagerstown Travelers Plaza contingent upon compliance with State and County agencies,County Planning staff,and the concerns outlined by Mr.Shaefer, seconded by Mr.Iseminger. Mr.Roulette made a motion to amend the aforementioned motion to include the following conditions:1.)prior to the submittal and approval of the site plan,a report on the historic structure must be submitted,2.)a copy of the Environmental Impact Study be providedand the study is to be extended to include the odor and fumes problem,3.)modification of the phasing of the development to include the Travelers Plaza as the third phase to eliminate the chance that it will be built and then the rest of the project will be abandonded,4.)the design of the intersections of theaccess road with Routes 40 and 144 must be approved by the State Highway Administration,5.) before the approval or disapproval of the site plan,would like to see what the access will look like,and 6.)how the new intersection on the north side of Route 40 will affect the many residential properties.Mr.Iseminger 'seconded the motion to amend.The motion to amend carried with all voting aye except for Ms.Acord who voted no. On a motion to approve the general concept plan as amended,Mr.Roulette, Mr.Iseminger,and Dr.Johns voted yes,and Ms.Acord and Mr.Zombro voted no.Motion carried,so ordered. Robert Beck 1986 Variance: Mr.Hawbaker stated that the concept plan for Robert Beck was reviewed during the August regular meeting and that since the preliminary consultation was held,Mr.Beck has withdrawn his concept plan for a cluster subdivision.He noted that adjacent residents of LuRose Estates have questions concerning the future 50 foot right-of-way that was shown on the Beck subdivision plat.Mr.Hawbaker stated that a variance was granted by the Commission in July,1986 to allow the intersection of the future road to be offset 25 feet instead of the required 150.One of the concerns of the residents is the question of whether this variance runs with the property or whether it was granted only for Mr.Beck. At this time,Dr.John Stull,a resident of LuRose Estates,stated that Mr. Rosenberry,the original developer had intended that LuRose Estates be separated,not connected,with the lands to the north except as it may include any future extension of LuRose Estates.The owner,Dr.Stull said, changed his mind in developing this land and sold it to Mr.Beck.However, in wanting to assure separation of LuRose Estates from the lands to the north,Mr.Rosenberry adjusted thelots along the north side of Blossom Lane in such a manner that a "thru"intersection could not be constructed.By doing this,it was his intention that a proposed street would no longer extend north.Dr.Stull stated that the residents are oppossed to this variance because the owner showed intent that LuRose Estates should be isolated.In any case,he said,the granting of this variance does not comply with the County standards for street width since a recent survey shows that instead of 50 feet,the reserved right of way is in fact only 46.3 feet.In addition,he stated,there are no lands owned by Mr.Beck that would provide a proper turning radius and that the radius would have to come from Dr.Danziger's front yard.He said that residents also feel that the intersection would not be safe because of the many children in LuRose Estates.They are requesting that the Planning Commission not permit the transfer of the variance to the new owner and possibly consider not granting a variance to any future owners. """"""(Y) (9 o::::c o::::c Dr.Danziger reiterated the facts presented by Dr.Stull and said that LuRose Estates was intended as a small,quiet subdivision without the possibility of expansion and the extension of Tropicana Drive.The land that would be served by the extension of Tropicana Drive would generate enough traffic to classify the street as a Minor Collector,thereby requiring a 60 foot right of way.The requirement of the turning flare will make it impossible to follow the Washington County specifications for public streets. After a brief discussion,Mr.Roulette made a motion to defer this matter until the County Attorney can address the question of the transfer of the variance with the property,seconded by Mr.Zombro.So ordered. Sharrett Auto Mall: Mr.Goodrich stated that the Commission reviewed the concept plan for the Sharrett Auto Mall during the August regular meeting and that since then the plan has been revised to provide for one car dealership instead of five. The property is located in the south east quadrant of the US 40/1-70 interchange.A portion of the access road that was on the property of the park-and-ride has been relocated onto the Sharrett property.Mr.Goodrich stated that the consultant is requesting approval of the revised concept plan before submitting a detailed site plan.The State Highway Administration had major objections to a proposal to break access controls and create a new crossover on US 40.Access is now proposed on the existing roadways.Mr.Zombro made a motion to approve the revised concept plan, seconded by Mr.Roulette.So ordered. NEW BUSINESS: Variances: Maurice Martin: Mr.Lung presented the variance for Maurice Martin.It is being requested from Section 405.11b of the Subdivision Ordinance which requires that all new lots have 25 feet of public road frontage.The subject site is located on the west side of MD Route 63,between Huyetts Crossroads and 1-70,and is zoned Highway Interchange.Mr.Martin is proposing to subdivide a 27.5 acre parcel into three lots.Two of the lots will consist of 3 acres with frontage on Route 63 to be used for commercial purposes.The third lot will consist of 21 acres in the rear to be used for residential purposes.Mr. Martin is proposing a single entrance onto Route 63 to serve the three proposed lots with a 50 foot right-of-way to serve the rear lot.The ownership for the 50 foot right-of-way will remain with Mr.Martin until such time as a public street is constructed to serve the 21 acres to the rear.The State Highway Administration has no objections to the variance request with the conditions that the record plat indicates denial of access on all lots except for future street location,and that the construction of the future street will be subject to State Highway Administration Commerical Entrance Permit requirements.The County Engineer has no objection to the variance request based on the following conditions being met;1.)if either of the two proposed Commerical lots have access onto the future street,the street right-of-way width,pavement width and shoulder width will have to meet the County's design criteria,and 2.)if the reserved strip is to be used for a public street,the necessary rights-of-way for turning flares at the MD Route 63 intersection will have to be provided.Mr.Lung stated that if the variance is approved the developer should be encouraged to work with the State Highway Administration and the County Engineer to make sure that the 50 foot width is sufficient to meet this requirement.Mr.Byers informed the applicant that no further subdivision of the 21 acre parcel would be allowed until the public street is constructed.Mr.Zombro made a motion to approve the variance based on the hardship that would result from strict compliance,and the comments outlined by the State Highway Administration and the County Engineer,seconded by Mr.Iseminger.So ordered. 385 386 Dan Staley: Miss Kelly presented the variance for Mr.Staley.The property in question is located on the north side of Mt.Aetna Road,.4 miles east of its intersection with Robinwood Drive.Mr.Staley is proposing to create a new public street to serve his proposed 15 lot subdivision.Total area of the development is 11 acres with a minimum lot size of 20,000 square feet.The variance is being requested from the Highway Plan which requires 250 feet of separation between the centerline of public street access points.At the time of the preliminary consultation,the County Engineer had no problem with the proposed street location.Dr.Johns made a motion to grant the variance based on a hardship that would result from strict compliance, seconded by Mr.Iseminger.So ordered. Ann Holtzman: Miss Kelly presented the variance for Ann Holtzman located on the northwest side of Edgewood Drive,500 feet northeast of its intersection with Dual Highway.Miss Holtzman is proposing to subdivide her 1.2 acre tract into two parcels,each lot having approximately 60,000 square feet.Miss Kelly noted that this property was rezoned from Residential Suburban to Business Local in January,1986.The variance is being requested from the 25 foot road frontage requirement for individual lots.There is approximately 38 feet fronting on Edgewood Drive with the entrance to be divided in half. The County Engineer has concerns with residential property being created near this intersection.Mr.Iseminger made a motion to grant the variance based on a hardship that would result from strict compliance and based on approval from the County Engineer,seconded by Ms.Acord.So ordered. Subdivisions: Holiday Farms,Section 4: Mr.Lung presented the preliminary and final subdivision plat for Holiday Farms,Section 4.The subject site is located on the north side of Route 64 near Cavetown and consists of 6 lots for a total of 4.42 acres.Lots range in size from .57 acres to .79 acres.The site is zoned Agricultural and public water is available.The subdivision involves the extension of Bayer Drive,approximately 220 feet to a proposed cul-de-sac.Each lot will have an on-site septic system.Approval has been received from the City of Hagerstown Water Department.Verbal approval has been received from the Health Department with written approval expected.The County Engineer has approved the plat and construction drawings.Mr.Roulette made a motion to approve the subdivision plat contingent upon receipt of Health Department approval,seconded by Mr.Iseminger.So ordered. Fieldstone Acres,Lots 11-17: Mr.Lung presented the preliminary and final subdivision plat for Fieldstone Acres,Lots 11-17.The subject site is located near Beaver Creek at the intersection of Beaver Creek Road and White Hall Road and is zoned Agricultural.Lots 1-10 were previously approved with frontage along Beaver Creek Road.This section of Fieldstone Acres involves the construction of a new County street approximately 450 feet long ending in a cul-de-sac off of White Hall Road.All proposed lots will be served from this new public street.The proposed lots range in size from 1.2 acres to 1.9 acres,and each lot will have a private well and septic system.The County Engineer has approved the plat without conditions.The Health Department requested minor revisions to the plat showing the location of the existing wells and septic areas in the vicinity.A revised plat was sent to the Health Department,and its approval is pending.Mr.Lung noted that the developer is proposing the name Mt.View Court for the new street.In checking with the house numbering staff,it was discovered that there is an existing Mt. View Circle in the County.Mr.Lung suggested another name be selected for the proposed street.Mr.Iseminger made a motion to approve the subdivision contingent upon receipt of approval from the Health Department and a corrected name for the proposed new street,seconded by Ms.Acord.So ordered. "'f "'f (Y) (!J <! <! Site Plans: Larstan Industries/Banks Brothers: Mr.Lung presented the site plan for Larstan Industries/Banks Brothers located in the Earley Industrial Park.The site is zoned Industrial General.The site plan calls for the construction of a 200 x 250 foot metal warehouse building to be located south of the existing building on a 12.5 acre site.Parking for 73 employees is provided along the east side of the new building.The site is served by public water and a private septic system.Trees are to be planted on the front of the lot along Earley Drive. Mr.Lung stated that on the site plan there was a 30 x 30 foot loading area designated.In order to conform with the Zoning Ordinance,this area should be 10 x 45 feet.In addition to the new building a 150 x 450 foot outside storage area is proposed to the south.The existing tree line will serve as screening for the storage area.Mr.Lung stated that the existing tree line consists of deciduous trees,and the staff is requesting,as a condition of approval,that the developer augment the existing screening with evergreen trees on Earley Drive.The City of Hagerstown Water Department and Soil Conservation District approval is outstanding.The staff is requesting that prior to site plan approval,the plan be revised to show the 10 x 45 foot loading area and to add the requested screening along Earley Drive.Ms. Acord made a motion to approve the site plan contingent on showing the revised loading area but not the additional screening as requested by the staff,seconded by Mr.Roulette.So ordered. Martin Marietta Boonsboro Quarry: Mr.Goodrich presented the site plan for Martin Marietta Boonsboro Quarry located on the south side of Benevola Church Road to the west of its intersection with Route 66.This plan shows the progress that has been made in the mining operation since prior review in 1985.The pit has expanded since that time.The plan is presented for approval of additional expansion in the southwest corner of the site and slight modification to the storage area.Martin Marietta is proposing an additional 22 acre quarry and another 7 acres of disturbed area for mining operations.There will be a change in the screening;white pines will be accompanied by cypress and poplar trees. The site plan meets all the requirements outlined in the Zoning Ordinance. All changes requested by the Planning staff have been made.Approval from the State Highway Administration is still outstanding.The developer is requesting site plan approval contingent upon receipt of approvals from other reviewing agencies.Dr.Johns made a motion to approve the site plan contingent upon receipt from approving agencies,seconded by Mr.Zombro.So ordered. Preliminary Consultations: Van Lear Manor,Sections 10 &11: The preliminary consultation for Van Lear Manor,Sections 10 &11 was presented to the Planning Commission for its information only.Mr.Lung informed the Commission that the subject of making provisions for street connections for possible development of adjacent land was discussed and will need to be addressed at a future consultation for other sections of Van Lear Manor.No action was taken by the Commission. Holiday Farms,Section 4: The preliminary consultation for Holiday Farms,Section 4 was presented to the Planning Commission for its information only and nothing to be added by the staff.No action was taken by the Commission. Coventry By The Canal,Lots 5-14: The preliminary consultation for Coventry By The Canal,Lots 5-14 was presented to the Planning Commission for its information only with nothing to be added by the staff.No action was taken by the Commission. 387 388 Fountain Head Meadows: Mr.Goodrich stated that a preliminary consultation was held on August 5, 1987 for Fountain Head Meadows.The subject site is located on the south side of Longmeadow Road east of Route 11.The original concept plan indicated 140 residential units in a Residential Urban district.Since the time of the consultation,the plan has been revised to show the removal of the lots in the floodplain area.The County Engineer has serious concerns for traffic and stormwater management.Mr.Goodrich stated that these concerns may have been addressed to some degree with the reduction in the number of lots to 86.The County Engineer stated during the consultation that he wanted one point of access as far from Route 11 as possible.Access onto Club Road was objectionable but still proposed.Mr.Goodrich stated that the purpose in bringing this to the Planning Commission is to advise them of the concerns of the County Engineer and to shaw that some of these concerns have been addressed on the revised plan.Mr.Malcolm Davis, consultant for the developer,stated that he has discussed the Club Road connection with the County Engineer who stated that he may approve the concept plan if the number of lots to have access on Club Road is reduced. The consultant is requesting that the Commission approve the concept plan and grant the authority to submit a preliminary plat to the staff.After a brief discussion,by concensus,the Planning Commission informed the consultant that it is concerned with the total number of lots now proposed to use Club Road and that he should work with the County Engineer in an effort to reduce that number.So ordered. COMMUNICATIONS: Letter from C.A.T.S.: The letter from the Citizens Against the Truck Stop was submitted to the Commission for its information.No action was taken by the Commission. Letter from Constance Lieder: A letter was received from Constance Lieder regarding impact fee bills. After a brief discussion,Mr.Zombro made a motion to send a letter to the Department of State Planning in opposition to the impact fee bill,seconded by Dr.Johns.With a motion on the floor,Mr.Iseminger voted no,Ms. Acord,Dr.Johns and Mr.Zombro voted yes.Motion carried.So ordered. UNIFINISHED BUSINESS: Text Amendment --"HP"District: Mr.Hawbaker informed the Commission that the proposed Text Amendment for the "HP"District went to public hearing and the record was held open for 10 days for any comments.The County Commissioners have reviewed the Text Amendment and have expressed their concerns.Mr.Goodrich noted the concerns of the County Commissioners were,1.)they did not want large vacant areas zoned "HP",2.)on page 62e,delete references to abrasive cleaning and silicone or sealant applications,and 3.)on page 62g,section d,add that the use of the Secretary of the Interior's "Standards"noted in 20.6(a5)is advisory only and not mandatory.After a brief discussion,Mr. Zombro made a motion that the Text Amendment for the "HP"District be recommended as amended,seconded by Dr.Johns.So ordered. OTHER BUSINESS: Water and Sewer Plan Amendment for Maryland DOT: Mr.Goodrich stated that during the August regular meeting the Planning Commission approved the Water and Sewer Plan amendment for the Sandy Hook area.He stated that a request was received from the Maryland Department of Transportation to include a package treatment plant on Sidling Hill for an overlook area to be included in the Water and Sewer Plan.After a brief discussion,Mr.Iseminger made a motion to approve of proceeding with an amendment to the Washington County Water and Sewerage Plan to include the package treatment plant,seconded by Mr.Zombro.So ordered. "t "t (Y) (9 «« North County Park Status: Mr.Stachoviak stated that the County Commissioners asked the Parks Board to find a site for the NOrth County Park and that they limited the area to Maugansville and Leitersburg.Mr.Stachoviak stated that he has the first two phases for the North County Park development completed using the same general process of elimination that was employed in searching for a new landfill site.The Parks Board will meet to discuss the third phase with recommendations being forwarded to the County Commissioners.No action was taken by the Commission. Highway Plan Access Distance Analysis: Mr.Hawbaker reported to the Commission that he recently received information from the Department of State Planning for highway access separation standards for subdivisions.At the August meeting,the Planning Commission had asked the Executive Director to investigate Washington County's existing standards in light of a possible modification.The data received from the Department of State Planning is now under review and Mr. Hawbaker intends to report his findings to the Commission at the October meeting. Highway Interchange Study: Mr.Hawbaker stated that Tim Lung is working developing specific recommendations for land classification in the Highway Interchange areas by using the concept approved by the Planning Commission in conjunction with the Economic Development Commission.Findings and recommendations will be brought to the Commission at the October regular meeting. .Rezoning Fee Schedule: Mr.Hawbaker informed the Commission that the County Commissioners requested that the Planning Commission review the fee schedule with other counties in the state.Mr.Hawbaker submitted a rezoning fee schedule that was obtained by the Department of State Planning.After a brief discussion,Dr.Johns made a motion that the fee for a rezoning application should be changed from $50 to $100 plus an additional $25 to be added to cover advertising costs, seconded by Ms.Acord.With a motion on the floor,Ms.Acord,Dr.Johns and Mr.Iseminger voted yes with Mr.Zombro voting no.The motion carried,but the Commission then asked Mr.Hawbaker to bring the matter back at the October meeting for further discussion. Washington County Smoking Ordinance: The Washington County Smoking Ordinance that was adopted by the County Commissioners was presented to the Commission for its information.No action was taken by the Commission. AWOURNMENT : There being no further business, .---/_.// ~/ 389 390 WASHINGTON COUNTY PlANNING COMMISSION REGULAR MEETING -OCTOBER 5,1987 The Washington County Planning Commission held its regular meeting on October 5,1987 at 7:00 PM in the second floor conference room of the County Office Building. Present were:Chairman,Jack B.Byers;Vice-Chairman,Donald Zombro;Ex- Officio,Richard Roulette;Bertrand Iseminger,Sidney Salitsky and Dr.Ray Johns.Staff:Executive Director,Jack S.Hawbaker;Senior Planner, Stephen T.Goodrich;Associate Planner,Lisa A.Kelly;Associate Planner, Timothy A.Lung;Secretary,Janet L.King;Absent were:Paul Prodonovich, Judith A.Acord and William Stachoviak. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 PM. MINUTES: Dr.Johns made a motion to approve the minutes of the September Regular Meeting,seconded by Mr.Iseminger.So ordered. NEW BUSINESS: variances: Dennis Lafferty: Mr.Goodrich presented the variance for Dennis Lafferty who is requesting permission to create a lot without public road frontage.The site is located on the south side of U.S.40 south of the I-70;U.S.40 interchange. Access to the property is a 16.5 foot right-of-way known as El Rancho Road. Approximately 1600 feet of El Rancho Road is paved,and it serves three other homes and approximately 25 mobile homes in a mobile home park.Dr. Johns made a motion to grant the variance based on a hardship which would result from strict compliance with the Ordianance,seconded by Mr. Salitsky.So ordered. Subdivisions: South View Estates: Miss Kelly presented the 4 lot preliminary and final subdivision plat for South View Estates,located on the north side of Route 40,.4 miles east of Clear Spring.The owner is proposing to subdivide his 14 acre tract into 4 residential lots with lots ranging in size from 3 to 4.5 acres.Each lot will have individual wells and septic systems.State Highway Administration and the Health Department have approved the plat.The County Engineer has disapproved the subdivision because the proposed lots do not have public road frontage.He stated that a note should be placed on the plat which indicates that the access is not County owned or maintained and will not be until the roadway is built to County standards at no cost to the County. Mr.Roulette made a motion to approve the subdivision plat contingent upon the statement being placed on the plat and the road being constructed to County standards,seconded by Mr.Salitsky.So ordered. County Commissioners/Bernard Lesky: Mr.Goodrich presented the preliminary and final subdivision plat and site plan for parcel "G"to be conveyed to Bernard Lesky by the County Commissioners.Mr.Goodrich stated that all approving agencies had responded except the County Engineer.He stated that the consultant,Davis, Renn and Shrader is requesting that the Commission grant the staff the authority to approve the subdivision plat and site plan pending receipt of outstanding agency approvals.Mr.Roulette made a motion to grant staff approval contingent upon agency approvals and added the condition that if there were any problems the plans would be returned to the Planning Commission,seconded by Dr.Johns.So ordered. "'""'"(Y) (.9 <:( <:( Site Plans: Improved Order of the Redmen: Miss Kelly presented for the Commission's information the site plan for the Improved Order of the Redmen,located on the south side of MD Route 68,one mile southeast of williamsport.The subject site consists of 16.4 acres and is zoned Agricultural,a zoning district where no site plan is required. The owner is proposing to construct a 125'x 120'lodge with a pavilion and 162 parking spaces.The site is to be served by an individual well and septic system.Approvals have been received from the State Highway Administration,County Engineer,Soil Conservation,and the Health Department.After a brief discussion,Mr.Roulette asked Mr.Hawbaker to investigate the feasibility of requiring Planning Commission approval for a site plan in an Agricultural district. Cavetown Storage: Miss Kelly presented the site plan for Cavetown Storage,located at the intersection of Route 64 and Route 66.The proposed use of the site is for two mini-warehouses approximately 20'x 140'in size on .6 acres.Due to the nature of the use,no public facilities or solid waste disposal will be required.There will be no need for employees,either.Landscaping is sufficient.There will be a vison-proof fence constructed due to the single-family residence adjacent to the site.The staff is requesting that the most aesthetically pleasing side of the fence be shown towards the adjacent house.The staff is also requesting that for better traffic flow, some of the units be taken off the end so that cars can come along the side and go back out at the end of the property rather than having to back up in a 20'x 25'space.Approvals have been received from the Health Department, County Engineer and State Highway Administration.Screening along Route 64 will consist of Spreading Yews to reach a height of 1 to 2 feet.The Commission was of the opinion that because of the minimal traffic flow no units would need to be removed.Mr.Iseminger made a motion to grant site plan approval with the condition that additional screening be added along Route 64,seconded by Dr.Johns.So ordered. Subdivisions: Holiday Estates: Mr.Lung presented the preliminary and final subdivision plat for Holiday Estates lots 1 through 410cated on the southeast corner of Cave Hill Road and Itnyre Road zoned Agricultural.Total lot area is approximately 4.58 acres with lot #1 consisting of 1.5 acres,lot #2 is 1.4 acres,lot #3 is 1.09 acres and lot #4 is .92 acres with 20.93 acres remaining.Private wells and septic systems are proposed for each lot.Lots 1 and 2 will have access onto Cave Hill Road and lots 3 and 4 will have access onto Itnyre Road.A preliminary consultation was held on May 8,1987 for the entire development consisting of 17 lots.Mr.Lung stated that the County Engineer approved the plat;he also stated that the Health Department approved the plat based on their normal procedures.He noted that because of concern for possible ground water contamination a peripheral well sampling was conducted,the results indicated that changes of the new wells for the proposed subdivision being contaminated were low.A test well was drilled on lot 1 and tested for chemical and bacteriological contamination.Both tests passed.Mr.Lung conclUded by stating that the proposed subdivision meets the requirements of the Washington County Subdivision Ordinance and Zoning Ordinance and that the consultant is requesting preliminary and final approval.At this time,Mr.John Kelly,a resident of the area,spoke on behalf of other property owners and himself.Mr.Kelly expressed concern over existing well contamination problems in the area and the effect ath the proposed subdivision may have on this problem along with the procedure that the Health Department uses for testing and approving lots with private well and septic systems.Mr.Kelly also expressed concern over stormwater runoff problems on the site,he then presented to the Commission a petition signed by residents of the area requesting that the subdivision be denied.After a brief discussion,Mr.Roulette made a motion to approve the subdivision with the condition that a hydrogeologic study be performed for the remaining lots and that the County Engineer review the stormwater runoff prior to issuance of building permits,seconded by Mr.Iseminger.So ordered. 391 392 Site Plans: Standard Acoustical Products: Mr.Lung presented the site plan for Standard Acoustical Products located in the Washington County Business Park.On an earlier site plan approved by the Commission,Standard Acoustical proposed to construct a building with 10,000 square feet for itself in addition to 16 leased warehouse bays 25 feet wide by 100 feet long.There were also two future buildings to the rear with the same configuration as the other building with warehouse bays 25'x 100'.The original plan showed a dumpster and loading dock to the rear and individual parking spaces and small overhead doors for each of the warehouse bays to the front.There would be landscaping provided in between each overhead door.A revised site plan has been received which eliminates the two future buildings to the rear and proposes a single building to the front of the property.The building has been turned so that the loading docks and the dumpster are in the front with the parking areas,small overhead doors,and the landscape strips to the rear of the site.Due to the fact that the building has been turned,the staff feels that additional landscaping should be provided to the front of the building to screen it from 1-81.Conunents were received from the Deputy Director of the Permits and Inspections Office stating that the site is visible from 1-81 and that the loading docks and dumpster should be relocated.After a brief discussion,Mr.Iseminger made a motion to disapprove the site plan until the loading dock and dumpster is moved from the front of the building, seconded by Dr.Johns.The engineering consultant,Richard Brill of Fox & Associates,was instructed to revise the site plan to comply with the Comnission's requirements.Mr.Salitsky abstained.So ordered. Preliminary Consultation: AC &T 1-70/81 Travel Center: The written summary of the preliminary consultation was presented to the Planning Comnission for its information with nothing to be added by the staff.Mr.George Harne,architect for the Travel Center,stated that the tract of land is adjacent to the 70/81 Industrial Park consisting of 101 acres.The Travel Center will consist of a truck stop and an over-night rest stop area.There are 22 acres reserved for comnercial or industrial use.Access to the site will be via the existing AC &T fueling facilities. Mr.Harne noted that the developer is not proposing any subdivision at this time.By concensus,the Planning Comnission agreed with the general concept for the Travel Center. Rocky Spring Acres Extended (PC-87-26): The written summary of the preliminary consultation for Rocky Spring Acres Extended was presented to the Planning Comnission for its information with nothing being added by the staff. OTHER BUSINESS: Fountain Head Meadows Concept Plan: Mr.Goodrich stated that the concept plan was presented during the regular September meeting at which time the Comnission instructed the engineering consultant,Davis Renn &Shrader,to redesign the plan so as to limit the number of lots accessing onto Club Road to a range of 15 to 25.The plan has now been revised to show 30 dwelling units with access onto Club Road with the area on the north side of the property,indicated on the original concept plan for development,as being reserved for "future development". Several residents of the Fountain Head area were present and expressed their concerns with water pressure problems and increased traffic in the Fountain Head area.After a discussion,Mr.Ismeinger made a motion to approve of the concept plan with the condition that the County Engineer approve the plan.The motion included a maximum number of 30 dwelling units to have access onto Club Road.Seconded by Mr.Salitsky.So ordered. ~ ~ (Y) (.9 <::( <::( Site Plans: Henry Martin: Mr.Goodrich requested that the Planning Commission give the staff authority to approve the site plan once agency approvals have been received.Mr. Iseminger made a motion to grant staff authority to approve the site plan, seconded by Dr.Johns.So ordered. Communications: Jack Berkley: Mr.Hawbaker stated that a letter was received from Jack Berkley requesting an amendment to the Washington County Zoning Ordinance to delete Section 5.1(g)which allows sawmills as a principal use in a Conservation District. The Planning Commission is not inclined to remove this use since a sawmill operation is one of the bonafide uses in a Conservation District.By concensus,the Commission asked the Executive Director to write to Mr. Berkley advising of the Commission's decision and to inform him of the appeal process he may have used following the decision from the Board of Zoning Appeals and also advise him that he may submit an application to a text amendment if he chooses. Letter from Constance Lieder -Department of State Planning: A letter was received by the Executive Director from Secretary of State Planning Constance Lieder commenting on the quality of the recently submitted Land Preservation and Recreation Plan and asking for additional information on the process for POS project selection.The Executive Director informed the Commission that he would provide the additional data. Highway Plan Access Distance Analysis: Mr.Hawbaker presented an analysis of variances granted by the Commission since the beginning of 1985.Of a total of 87 variances considered,25 have been for access spacing,48 have been for public road frontage,and 14 were related to other matters.He explained that the majority of variances requested from the spacing requirements of the Highway Plan have been on State roads.Mr.Goodrich explained the rationale of the spacing requirements to the Commission.The commission said it would like to see a breakdown of the actual access spacing distances granted to determine if there is a pattern that could be used as guide for amending the current standards.Mr.Hawbaker said he would further analyse the numbers and return with additional suggestions at the next meeting. Highway Interchange Study: Mr.Hawbaker informed the Planning Commission that the staff has continued with its analysis of the HI Study and,following approval by the County Commissioners of the HI-l and HI-2 concept,has re-mapped the interchanges between State Line and Salem Avenue.Mr.Roulette said it was his understanding that the Zoning Ordinance text would first have to be amended to provide the new standards for HI-l and HI-2 districts before taking the map amendments to public hearing.After discussion between the Commission and staff,the general concensus was that the text would be amended and review by the Commission prior to consideration of any map amendments.Mr. Hawbaker took this as an action item and said that he would report back to the Commission after generating new language for the Ordinance text. Rezoning Fee Schedule: Mr.Hawbaker noted that during the September regular meeting the Planning Commission made a recommendation to the County Commissioners to change the amount for a rezoning application from $50 to $100 plus $25 for advertising.By concensus,the Planning Commission asked Mr.Hawbaker to forward this recommendation to the County Commissioners. 393 I, , 394 Rezoning Text Amendment for the November Hearing: Mr.Hawbaker informed the Commission that the single zoning map amendment application that had been filed for the November 9,1987 Public Hearing had been postponed at the request of the applicant.He asked the Commission its wishes in respect to map amendments for the HP District and text amendments for the Neighborhood Park Set-aside Area and the amendment pertaining to Right of Entry for Zoning inspectors.The Commission asked the Executive Director to do further research on the Set-aside Lands in light of areas being dedicated to the County government.The Commission asked that the hearing for the HP District and for the Right of Entry text amendment be scheduled in one of the regular Tuesday meetings with the County Commissioners. Rezoning Cases from September 21,1987 -Workshop Date: A workshop date to discuss the rezoning cases from the September 21,1987 Public Hearing was scheduled for October 19,1987 at 1:00 PM to be held in the third floor conference room. AllJOURNMENT : There being no further business,the meeting was adjourned at 10:30 PM. / <?.Ii" ,/-;£/Cl_//'//A6 ack B/Byers,Ci'fa1.rman ~ ~ (Y) (9 <t <t Washington County Planning Commission Regular Meeting -November 2,1987 The Washington County Planning Commission held its regular meeting on November 2,1987 at 7:00 PM in the second floor conference room of the County Office Building. Present were:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro;Ex- Officio,Richard E.Roulette;Dr.Ray Johns,Bertrand L.Iseminger,and 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 Permits and Inspections,Paul Prodonovich;and Secretary,Janet.L.King.Judith A.Acord was absent. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 PM. ADDITION TO THE AGENDA: Mr.Byers stated that there has been a request to add two items to the agenda:l)a preliminary and final subdivision plat for Rocky Spring Acres Extended;Mr.Zombro made a motion to add Rocky Spring Acres Extended to the agenda,seconded by Dr.Johns.So ordered.2)Highland Manor Mobile Home Subdivision;Mr.Merle Holsinger,with Associated Engineering Sciences, stated that approvals are forthcoming from all reviewing agencies.He is requesting a conditional approval from the Planning Commission contingent on receipt of all agency approvals so his client will be able to apply for the loan with Farmers Home Administration.Farmers Home Administration is requesting a conditional approval letter so as to process the loan application.Mr.Salitsky made a motion to add Highland Manor Mobile Home Subdivision to the agenda,seconded by Mr.Iseminger.So ordered. MINUTES: Mr.Zombro made a motion to approve the minutes of the October regular meeting,seconded by Mr.Salitsky.So ordered. Mr.Zombro made a motion to approve the minutes of the Special Workshop Meeting on October 19,seconded by Dr.Johns.So ordered. UNFINISHED BUSINESS: Robert Beck Variance: Mr.Hawbaker informed the Commission that David Poole,the County's Attorney,notified him that the variance which was granted to Robert Beck runs with the land just as an easement or any change in zoning,that these things are not granted solely to the present property onwer.Mr.Poole stated in his letter that the required 50 foot right-of-way for a future road must be complied with and that the 46.3 width as measured is not adequate. Dr.Danziger,a resident of LuRose Estates,asked if a road can be constructed at this time.Mr.Roulette stated that a variance would be required if the 50 foot right-of-way width cannot be obtained.Mr.Hawbaker added that the 50 foot right-of-way width is in the County's Highway Plan. Mr.Hawbaker feels that a variance would not be able to be granted due to the fact that its also an Engineering requirement.By concensus,a road connection cannot take place until approval has been given by the Planning Commission and the County Engineer. Fountain Head Meadows: Mr.Goodrich stated that the Preliminary Consultation for Fountain Head Meadows was held on August 5,1987.Since that meeting,the Planning Commission has been presented a variety of development proposals with varying numbers of lots and access arrangements.Increased traffic in the existing Fountain Head development,especially on Club Road and on 395 396 Longmeadow Road,have been the primary concern of the Commission and adjacent property owners. Conditional approval was given during the October meeting to a plan which proposed 30 lots with access to Club Road and no development on the remaining lands.The condition was that the County Engineer also give his approval and comments on the number of lots and the road conditions.The consultant has presented another plan during this meeting reducing the number of lots with access to Club Road to 25,a result of the County Engineer's comments in a memo dated October 8,which is a part of the consultation file. Mr.Malcolm Davis of Davis,Renn and Shrader,informed the Commission that he has discussed the new proposed concept plan with the County Engineer.He said Mr.Dull stated that Longmeadow Road will need to be widened to include deceleration and acceleration lanes and that only one access should be provided to the Commercial property.Mr.Davis gave the Planning Commission a brief background on the proposed development.Mr.Davis summarized by stating that since the September meeting,the lots have been enlarged by 30%,and the number of lots to have access onto Rolling Road has been set at 25 single-family dwellings,and the remaining lands fronting on Longmeadow Road are proposed for duplexes. Several of the adjacent property owners in the Fountain Head area expressed concern about the present traffic problem.They questioned if Club Road will be upgraded.Mr.Grunberg requested that all the property owners be permitted to review the proposed concept plan. After a brief discussion,Dr.Johns made a motion to approve the concept plan as submitted,seconded by Mr.Zombro.Mr.Roulette made a motion to amend the aforementioned motion to include the condition that when the final subdivision plat is submitted the following should be stated on the plat:1) a maximum of 25 lots restricted to single-family dwellings will be permitted,2)no future access to any other lands from Club Road will be permitted,and that 3)engineering and corrective measures for the present drainage problem along Apple Tree Drive be included,seconded by Mr. Salitsky.So ordered. NEW BUSINESS: variances: James Frey: Mr.Lung stated that two items need to be discussed and considered for James Frey:a preliminary consultation and a variance request.The preliminary consultation was held on October 5,1987 for a 25 residential lot subdivision located along the east side of Fairplay Road.The site is zoned Agriculture and covers 260 acres with 37 acres being considered for development.The developer is proposing to construct the development in three phases with phase 1 consisting of lots 1,2,3,11 and 12;there is also a variance request to subdivide lots 3 and 12 without public road frontage but with temporary access over a right-of-way for a street to be developed at a later date.Phase 2 will consist of lots 4 through 10,13, 14,15 and 23 and the construction of the street from Fairplay Road to the rear of lot 23.Phase 3 will consist of the remaining lots and streets. During the preliminary consultation,the County Engineer had concerns with the inadequacy of Fairplay Road.The Health Department expressed concerns with the amount of limestone on the site and stated that it may not be feasible to develop 37 lots.Tests will be required to determine the extent of limestone in the area.The County Engineer stated that he will not approve this subdivision because of the inadequacy of Fairplay Road and said that the entire length of Fairplay Road will need to be improved before any development can occur.Mr.Dull suggested to Mr.Frey that he obtain access off of Route 65 through the adjacent lands owned by Mr.Mellott.Mr.Lung stated that the inadequacy of Fairplay Road was discussed during the first proposed development of Stoneleigh Estates in 1974.Based on the County Engineer's recommendation in 1977,the Planning Commission limited the number of lots that could be subdivided in Stoneleigh Estates to 21.Five more lots were later approved,and then in 1981 the Planning Commission "f "f (Y) CJ <t <t approved two additional lots for Stoneleigh Estates with the approval of those last two lots,a note was added to the plat for Stoneleigh Estates stating that there will be no further development of these lands until Fairplay Road is upgraded.Mr.Frey is now requesting that the Planning Commission state its position on his proposal and indicate how many lots,if any,will be approved based on all other requirements being meL He is also requesting the variance for two lots in phase 1 to be constructed without pUblic road frontage until a new road is constructed. Mr.Iseminger asked if the developer would share in the expense of the improvements to Fairplay Road.Mr.Weikert,consultant for Mr.Frey,stated that at this time it would not be possible.Mr.Weikert said that he reviewed the possibility of an access for the development off of Route 65 as well as from a cul-de-sac in Antietam Manor onto Grant Street.He stated that due to the lot layout,a street is not feasible from the cul-de-sac. Mr.Weikert noted that Mr.Frey has an access onto Route 65 approximately 3000 feet to the south of the proposed development and said that it is too far away to construct a public street at this location to serve this development. Mr.Ken Grove,attorney for Mr.Frey,provided some background information to the Planning Commission.He stated that there are two farms involved, both belonging to Mrs.Edna Cave,the mother of James Frey.Mrs.Cave died in October 1987 leaving Mr.Frey the farms.In order for Mr.Frey to be able to pay the fees and taxes associated with his obtaining this land,it is necessary that he sell some lots.Mr.Grove stated that Mr.Frey is requesting that the Planning Commission accept the concept plan as presented and that they grant the access for two lots without public road frontage until Fairplay Road is improved. Mr.Weikert stated that they are requesting the variance in order to allow Mr.Frey to have 5 lots to sell without a the expense of constructing a road.He stated if they are unsuccessful in selling or percing all 37 lots, Mr.Frey would like to have the ability to subdivide at least 5 lots,3 with frontage directly onto Fairplay Road and 2 off a private lane to be retained by Mr.Frey which would,in the future,become a public street.If the street is never built,the 50 foot right-of-way will be divided and conveyed in fee to lots 3 and 12.This will be handled by a statement in the deed for lots 3 and 12.No time table for the construction of the street was discussed. Mr.Roulette made a motion to approve the concept plan for 5 lots only and to grant the variance request for lots 3 and 12 without public road frontage based on the hardship that would result from strict compliance to the Ordinance,seconded by Mr.Iseminger.Dr.Johns made a motion to amend the aforementioned motion to state on the plat that this will be the last subdivision to take place until Fairplay Road is improved,seconded by Mr. Iseminger.All Commission members voted to amend the motion except for Mr. Roulette who voted no.So ordered. Subdivisions: Towne Oak Village,Section B: Mr.Lung presented the preliminary subdivision plat and site plan for Towne Oak Village,Section B,Phase II,located on the south side of MD Route 632 off of Fairway Lane and Putter Drive.The developer is proposing to construct 19 townhouse units along Putter Drive on a total area consisting of 2.72 acres.The remaining lands will be reserved for open space and stormwater management.This phase also involves the construction of a tot lot to serve both Phase I and II and an RV parking lot.Off-street parking is provided for each townhouse unit with a garage and driveway.Landscape for this phase is adequate.The proposed plan meets all the requirements of the Subdivision and Zoning Ordinances.Approval is outstanding from the Sanitary District with a request that a note be placed on the plan obsolving the District of any responsibility for owning and maintaining the grinder pump sewage system.The note has been placed on the plan and a revised copy has been sent to the Sanitary District for approval.The Health Department needs the approval letter from the Sanitary District before giving its approval.All other agency approvals have been received.Mr.Lung noted 397 398 that the developer has not yet constructed the sidewalks and the two tot lots that were required in previous sections.Paul Prodonovich said that his office would follow up to assure compliance with the previous requirements.Mr.Roulette made a motion to approve the preliminary plat and site plan conditional upon receipt of approvals from the Health Department and the Sanitary District,seconded by Mr.Zombro.So ordered. H.D.Gossard Masonry: Mr.Goodrich presented the preliminary plat and site plan for H.D.Gossard Masonry and said that it is part of the County Commissioners'lands in the Washington County Business Park located along the east side of Hump Road. The site will be used for Gossard Masonry's office and warehouse.The proposed building will be 14,000 square feet and surrounded by parking.The property will be served by public sewer and a private well.There is a public water line in MD Route 144,but it is 700 to 800 feet away from the site.Approvals have been received from all agencies and all requirements of the Ordinances have been met.The staff requested that the consultant provide additional landscape around the gravel parking area because the building will be visible from Mont Valla Avenue.Mr.Goodrich noted that the Permits Office stated that no outside storage of junk materials should be permitted on the site.The staff is also requesting that additional screening be added on the south side of the building.Dr.Johns made a motion to grant preliminary plat and site plan approval conditional upon additional screening being added on the south side of the building,seconded by Mr.Salitsky.So ordered. "Fieldstone Acres: Mr.Lung presented the preliminary and final plat for Fieldstone Acres,Lots 18 through 26.The developer is subdividing 9 additional lots located to the north of Beaver Creek Road and to the west of White Hall Road.All of the proposed lots will have frontage on a proposed new street to be called Fieldstone Drive.Fieldstone Drive will be a cul-de-sac with access onto Beaver Creek Road.Mr.Lung noted that a future point of access to the remaining lands off of Fieldstone Drive is provided along the west side of lot 26.Each lot will be served by a private well and septic system.All agency approvals have been received except for the Health Department.Mr. Iseminger made a motion to grant preliminary and final approval contingent upon receipt of Health Department approval,seconded by Mr.Roulette.So ordered. Teleflex: Mr.Lung presented the preliminary plat and site plan for Telexflex located on the west side of the Western Maryland Parkway in the Washington County Business Park.The site consists of 16.87 acres and is zoned Industrial General with the proposed use to be for offices and a manufacturing facility.The developer is proposing to construct a 90,000 square foot building to be served by public water and sewer.There are 132 parking spaces provided in front of the building;shipping and receiving areas and dumpsters will be located to the rear of the building.Landscaping is provided around the building and along the access road.All agency approvals have been received.Mr.Zombro made a motion to aprove the preliminary and final plat and site plan,seconded by Dr.Johns.So ordered. Michael &Denise Haller: Miss Kelly presented the preliminary and final plat for a 3 lot residential subdivision for Michael and Denise Haller.The subject site is located along Route 67 below Brownsville.Access to the site will be via a private right-of-way to be conveyed to immediate family members.Each lot will be served by a private well and septic system.All agency approvals have been received.Mr.Salitsky made a motion to approve the preliminary and final plat,seconded by Mr.Roulette.So ordered. "'.t "'.t (V) <..9«« Site Plans: Collins'Appliances: Mr.Lung presented the site plan for a proposed addition to Collins' Appliances which is located on Route 64 at the intersection of Route 64 and Eastern Boulevard.The plan includes additional parking areas to the side of the building and a loading area to the rear.Additional screening will be required along the western property line.Access to the site will be via a one-way access lane through the site with an exit into the alley in the rear.All agency approvals have been received.Mr.Zornbro made a motion to approve the site plan,seconded by Mr.Salitsky.So ordered. Kline's Truck Sales and Service: Mr.Lung presented the site plan for an addition and a change in use for Kline's Truck Sales and Service located off the west side of Mason Dixon Lane.The proposed use for this site is for a truck sales and service garage.The site was previously used as a go-cart center then a wholesale poultry business.The developer is proposing to remove the existing wood frame building and replace it with a 50 x 30 metal building.The existing go-cart track will be used as a truck display area.Additional gravel parking is proposed and a loading area will be located to the rear of the building.Access is provided by an existing 25 foot paved entrance.The site will be served by the existing on-site well and septic system. Additional landscaping to the front of the site will be provided and the existing white pines will screen the south and west property lines.All agency approvals have been received except for the Health Department.Mr. Zornbro made a motion to approve the site plan conditional upon Health Department approval,seconded by Dr.Johns.So ordered. Chester H.Martin: Mr.Lung presented the site plan for Chester Martin for a proposed quadplex apartment development located in the southeast quadrant of Maugansville Road and Martin Road,and zoned HI The 4 proposed quadplex apartments have been reduced to 2 (8 dwelling units)based on restrictions received from the Water Department.Mr.Lung noted that a preliminary consultation was held for the entire development consisting of 20 quadplexes on a 57.48 acre tract.Access to the development will be from Martin Road.Parking is provided with 2 parking spaces per dwelling unit.An RV parking area is required per the Zoning Ordinance.Public water and sewer is available to the site.A 75 foot buffer yard around the adjacent house is provided.All requirements of the Zoning Ordinance have been met.Mr.Roulette made a motion to approve the site plan,seconded by Mr.Salitsky.So ordered. Preliminary Consultations: Foxleigh Meadows: Mr.Goodrich stated that a preliminary consultation was held for Foxleigh Meadows on October 21.The subject site is located to the northwest of the intersection of Marsh Pike and MD Route 60.The developer is proposing a 210 lot residential subdivision on 130 acres in 3 phases.Mr.Goodrich noted that no unsolvable problems appeared during the preliminary consultation.Public water service is available to the site with improvements to the system and that sewer service is available.State Highway Administration commented that improvements are necessary to the intersection of MD Route 60 and the Marsh Pike.The County Engineer objected to the grass islands located in the middle of the cul-de-sacs.He feels that these will be maintenance problems and that they should be removed.Mr.Goodrich noted the staff's concerns for the access to lot 39 which required crossing the railroad tracks.He suggested that the developer obtain another form of access to this lot. Mr.Goodrich also noted a recurrent conflict between the County Engineer's policy that new developments not be interconnected with the road systems in adjacent neighborhoods and the Subdivision Ordinance Design Principles which encourage it.The conflict is highlighted in the case of Foxleigh Meadows. If no connection is provided to the Bradenburg property,it will be left with only one point of access onto Northern Avenue for 60 acres.After a brief discussion,Dr.Johns made a motion to approve the concept plan as presented conditional upon an access being obtained for lot 39 so that there is no railroad crossing,seconded by Mr.Salitsky.So ordered. 399 !' 400 Sulxlivisions: Addition to the Agenda -Rocky Spring Acres Extended: Mr.Lung presented the preliminary and final plat for Rocky Spring Acres Extended.The development involves 6 lots to be located along Route 40-A, zoned Agricultural.Mr.Lung noted that these 6 lots uses all of the remaining lands owned by Mr.Shank located along the east side of Route 40- A.The proposed lots vary in size from 1.4 acres to 10 acres and each lot will be served by private wells and septic systems.Access will be from Route 40-A.The County's Highway Plan classifies Route 40-A as a Minor Arterial roadway with 500 feet of separation required between access points.The developer is proposing to use shared accesses at three locations that do meet all the requirements of the Highway Plan.There is a 30 foot wide drainage easement along the northern property line to be conveyed to the County.Mr.Lung noted that to restrict further sulxlividing,a note was placed on the plat stating that based on Highway Plan requirements for access spacing,no future subdivision of these lands will be permitted.The State Highway Administration has requested that a note be placed on the plat stating that for lots 5 and 6 that there will be flat grading of the embankment along the east side of Route 40-A to obtain adequate site distance.Mr.Lung stated that the note has been added and a revised copy has been sent to the SRA and verbal approval has been received.Verbal approval has also been received from the Health Department.Mr.Salitsky made a motion to approve the preliminary and final plat conditioned on receipt of written agency approvals,seconded by Mr. Roulette.So ordered. Addition to the Agenda -Highland Manor Mobile Home Subdivision: Mr.Merle Holsinger,consultant for Associated Engineering Sciences, provided the information on Highland Manor Mobile Home Subdivision to the Planning Commission.The subject site is located along Route 63,west of Hagerstown and south of Huyetts Crossroads.The site consists of approximately 52 acres.Phase 1 will consist of 77 mobile home units on 18 acres.The interior road system is constructed to have two accesses onto Route 63.Interior streets will be built to County specifications.On- street parking will be permitted.There will be a minimum of two parking spaces provided per unit on each.Storrnwater management is provided at the eastern edge of the property,west of Route 63.The comments from the County Engineer have been addressed and the plan has been approved by Mr. Dull.Approvals have been received from the Soil Conservation Service • The City of Hagerstown Water Department commented on the water system stating that pUblic service is available provided that a 24"concrete line be constructed along the west side of Route 63.An 8"line will be used through the development.Sewer service will be provided by a package treatment plant to be located on the east side of Route 63.A discharge permit for the package treatment plan was issued and is valid until 1989. Mr.Holsinger stated that a package treatment plant will be used until a new wastewater treatment plant is provided for the Halfway area.At that time, service will be provided by the wastewater treatment plant and to be operated by the Sanitary District.Mr.Holsinger noted that the developer is requesting conditional approval contingent upon receipt of outstanding agency approvals. Mr.Stephen Sagi,developer for Highland Manor,stated that the funding process takes 4 to 6 months through Farmers Home Administration (FrnHA).He would like to begin construction before bad weather starts.He stated that FrnHA is requesting a letter of approval before any of the funding process can begin.After a brief discussion,Mr.Zornbro made a motion to grant preliminary approval conditional upon agency and staff approvals,seconded by Mr.Salitsky.So ordered. COMMUNICATION: Memo from Glenn Dull: A memo was received from Glenn Dull commenting on the road width of County roads.He feels that there should not be any future development on County roads that have a paved width of less than 16 feet until the roadway is improved.After a brief discussion,the Commission asked Mr.Hawbaker to set up a workshop session with Mr.Dull and to notify Commission members of the time and date. ~ ~ (Y) (9 <:( <:( Letter from Thomas Connolly: A letter was received from Thomas Connolly commenting on the traffic problems in the Fountain Head area.No action was taken by the Commission. Letter from Mr.&Mrs.Carl Snyder: A letter was received from Mr.&Mrs.Carl Snyder commenting on the traffic problem in the Fountain Head area.No action was taken by the Commission. Letter from Joseph Proksa: A letter was received from Joseph Proksa commenting on the traffic problem in the Fountain Head area.No action was taken by the Commission. Ronald Conrad: Mr.Goodrich presented the site plan for Ronald Conrad (Nancy's Uniform Shop).The site is located along Longmeadow Road.There is an existing 2 1/2 story building on the property with parking in the front.This site plan is for additions to the building,walkways,and parking spaces.The plan meets all the requirements of the Zoning Ordinance.All agency approvals have been received.Dr.Johns made a motion to approve the site plan,seconded by Mr.Salitsky.So ordered. OTHER BUSINESS: smithsburg Town Growth Area Development -Valley Spring Estates: Mr.Hawbaker stated that the Valley Spring Estates development is being brought to the Planning Commission's attention because of the cooperative agreements resulting from the Smithsburg Town Growth Area study.The Washington County Planning Commission asked the Town of Smithsburg to keep the Commission informed of any development that takes place in the Town that may affect the Growth Area.Mr.Goodrich stated that this site is located within the Town of smithsburg behind the Moutain View Inn.Valley Spring Estates is a townhouse development consisting of 54 units and is to be served by one interior street to be called Johnston Terrace.The site will be served by public water and sewer.No action was taken by the Commission. Hancock Town Growth Area Status: Mr.Hawbaker informed the Commission that approximately one year ago he & Mr.Goodrich spoke with the Town of Hancock in regards to developing a Town Growth Area boundary.He stated that they are discussing it and would like for him to review the subject again in the future.Mr.Hawbaker noted that if the Town is interested,there will need to be a Planning Commission member to get involved in the study.Mr.Salitsky volunteered to be the representative for the Town Growth Area study. Highway Plan Access Distance Analysis: A workshop session will be held on November 9 at 1:00 PM to discuss the access spearation requirements.After a brief discussion,it was also decided by concensus to have Glenn Dull,County Engineer,present to discuss the road width requirements for existing County roads at the same workshop session. Future Zoning Ordinance Tests Amendments Status: Mr.Hawbaker informed the Commission that the Highway Interchange amendment and the Parkland Setaside Land is not ready for discussion at this time.It will be ready prior to the rezoning hearing in March. ADJOURNMENT: There being no further business,the meeting was adjourned at 11:30 PM • .~VM-) //Jack B.Byers,Chait'am /,./~ V 401 402 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -DECEMBER 7,1987 The Washington County Planning Commission held its regular meeting on December 7,1987 at 7:00 PM in Court Roem No.1 of the Court House. Present were:Chairman,Jack B.Byers;Vice-Chairman,Denald E.Zombro;Ex- Officio,Richard E.Roulette;Bertrand L.Iseminger,Dr.Ray Johns,Sidney Salitsky and Judith A.Acord.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.King. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 PM. MINUTES: Mr.Zombro made a motion to approve the minutes of the November regular meeting,seconded by Mr.Salitsky.So ordered. Dr.Johns made a motion to approve the minutes of the Special Meeting on November 9,seconded by Mr.Sali tsky •So ordered. NEW BUSINESS: Troupe Run Mobile Home Park: Mr.Goodrich informed the Planning Commission that the developers of Troupe Run Mobile Home Park are requesting an amendment to the Washington County Water and Sewerage Plan.The amendment is necessary in order to provide the correct priority designation in the Plan to construct a community sewerage system that is required by the Zoning Ordinance for a mobile home park.The subject site is located in the northeast quadrant of the intersection of MD Route 63 and Broadfording Road.The developer is proposing two phases with approximately no lots.Mr.Goodrich noted that in February,1985 a preliminary consultation was held during which it was discovered that the amendment to the Water and Sewerage Plan was needed.Mr.Goodrich stated that the Water and Sewerage Plan is a document required by the State Health Department that sets priorities for new public health facilities and for improvements to exisiting health ,facilities.Mr.Goodrich noted that the State Health Department must approve the construction drawings for the proposed package treatment plant.Before it will begin review,the State Health Department will insure compliance with the local Water and Sewerage Plan which means inclusion of subject facilities. Mr.Goodrich noted the four priority designations in the Water and Sewerage Plan as:1)S-l;public facilities are either existing or under construction,2)S-3;pUblic facilities are planned within a 5-year periOd, 3)S-5;pUblic facilities are planned within a 5 to 10-year period,and 4) S-7;no public or community facilities are planned at all.He noted that this property is noW classified as S-7;no public facilities are planned within the 20-year planning period.The property should have at least an S- 5 designation to indicate that a public or community system is planned.The actual time frame is less critical than the distinction between proposed service and no planned service.Mr.Goodrich stated that if the amendment to the Plan is approved,it must be consistent with the Comprehensive Plan. He noted that the Comprehensive Plan discourages pUblic or community facilities in a rural Agricultural area and read several excerpts to support the position that the amendment could not be certified as consistent with the Comprehensive Plan. At this time,Mr.Kenneth Mackley,attorney for the developer,stated that based on the report from Mr.Goodrich,it would be totally impossible for the Commission to approve a mobile home park in an Agricultural zoning district because no nAn zones have the proper Water and Sewerage Plan designations.He informed the Commission that a mobile home park cannot be constructed in anything but an Agricultural district in Washington County. <;:j" <;:j" (Y) (9 <:( <:( Ms.Carrie Stamper,developer,stated that Milcar Construction is a local builder and that they are concerned with development that goes on in Washington County.She stated that before they develop anything in Washington County,they want to know that there is a need for that type of development.She spoke with other mobile home park owners in Washington County who feel that there is a need for another mobile home park in the County.At this time,Ms.Stamper presented two letters from mobile home sales businesses in the area.Both businesses expressed a concern with the shortage of mobile home rental spaces in Washington County.Ms.Stamper stated that this mobile home park will be ocnstructed for people to buy a mobile home and live in the park for the rest of their lives.She noted that there will be no Federal money put into the park. Mr.Merle Holsinger,from Associated Engineering Sciences,stated that there are two areas that are located in the floodplain that will be kept as open space for the park.The park is planned to accommodate 275 to 300 people. The proposed roadways will have macadam surfaces.He noted that the existing bridge on Broadfording Road over Troupe Run will be improved to two-lanes.The improvement to the existing bridge or roadways will be the responsibility of Milcar Construction.There will be a 50 foot buffer between any exterior property lines and any of the mobile homes.There will also be screening of the mobile home park from any adjacent homes in the area.Mr.Holsinger stated that there has been a 12"water line recently installed from Huyetts Crossroads north to Cearfoss that will serve the development.A package treatment plant is being proposed for sewer service to the site. Mr.Mackley stated that the Urban Growth Area was not intended to be a Chinese wall that would limit civilization,that there has been a change in "the area with the recent installation of the public water line,and that the State Health Department will approve the sewerage system.Mr.Mackley stated that a mobile home park is needed in Washington County. At this time,Mr.Les Wolfe,spokesman for the residents of the area,stated that the County should consider the need for additional schools,buses,and improvements to the highways in the area as a result of this development. He stated that the recent construction of the water line in the area was inteded only as a solution for a health problem in the Martins Crossroads- Cearfoss area.He also stated that the discharge point for the mobile home park involves the Troupe Run which is prone to flood in the summer months and when the ground is frozen and that the water would be contaminated by using Troupe Run for discharge purposes. After a brief discussion,Dr.Johns made a motion to recommend that the County Commissioners to hold a public hearing to consider an amendment to the Washington County Water and Sewerage Plan,seconded by Mr.Salitsky •No action was taken on this motion.Mr.Iseminger then made a motion to rescind Dr.Johns I s motion to hold a public hearing.The motion died for a lack of a second.Mr.Iseminger made a motion to table the application for an amendment to the Water and Sewerage Plan until the January meeting so more information can be supplied by the Planning staff to determine if the amendment is consistent with the Comprehensive Plan,seconded by Mr.Zombro. So ordered. Variances: Henry Mills: Miss Kelly presented the variance request for Henry Mills.The subject site is located along Route 68,.5 mile west of its intersection with the Sharpsburg Pike.The total site encompasses 2.5 acres with an existing house on the remaining lands.The variance request is based on Highway Plan requirements which state there must be a 50 foot dedicated right-of-way on a Minor Arterial roadway.Mr.Mills is requesting 30 feet from centerline on Route 68.The State Highway Administration stated that no improvements are planned to this section of Route 68.State Highway Administration requires an 80 foot right-of-way or 40 feet from centerline.Mr.Frederick, consultant for the applicant,stated that due to the requirements of the State Highway Administration,Mr.Mills is changing his request from 30 feet to 40 feet.Mr.Roulette made a motion to grant the variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Mr.Iseminger.So ordered. 408 404 Miss Kelly noted that the second variance request for Henry Mills is also located along Route 68.The site consists of 2.5 acres and is zoned Agricultural.The variance request is from Section 405.2(a)of the Subdivision Ordinance which states that the Highway Plan requires a minimum distance of 500 feet between proposed access points on a Minor Arterial roadway.Mr.Mills is requesting a reduction from this requirement to 100 +.The State Highway Administration has no requirements for access spacing along Minor Arterial roadways.Dr.Johns made a motion to grant the variance request based on a hardship that would result from strict compliance to the Ordinance,seconded by Mr.Zombro.So ordered. Washington County Hospital Association: Mr.Lung presented a variance request for the Washington County Hospital Association located on the west side of MD Route 60 north of the Longmeadow Shopping Center.The Washington County Highway Plan classifies MD Route 60 as an Intermediate Arterial highway with a future right-of-way dedication requirement of 75 feet from centerline.Mr.Lung stated that the variance request is to reduce the right-of-way dedication along MD Route 60 from 75 feet to 45 feet from centerline.The property is zoned PB and the setback requirements are 50 feet.The State Highway Administration Needs Inventory indicates that improvement plans for Route 60 will require 50 feet of right- of-way from the centerline in the vicinity of this site.Mr.Lung stated that the staff is recommending the denial of this variance request for 45 feet but suggests that the variance be granted based on the 50 foot right- of-way needed by the State Highway Administration.Mr.Zombro made a motion to grant the variance request for 45 feet from centerline based on a hardship which will result from strict compliance to the Ordinance,seconded by Ms.Acord.Dr.Johns abstained.So ordered. David Fitzwater: Mr.Lung presented the variance request for David Fitzwater located on the south side of Wolfsville Road near the intersection with Georgetown Road. The variance is being requested from Section 405.ll(b)of the Subdivision Ordinance which requires that all new lots must have 25 feet of pUblic road frontage.Mr.Fitzwater is requesting to create a lot without public road frontage.He owns approximately 26 acres without any pUblic road frontage, there is an existing dwelling on the property.Access to the property is via a right-of-way approximately 1000 feet long across property owned by Barrett Clark.Mr.Fitzwater is proposing to subdivide his 26 acres into two parcels. At this time,Mrs.Molly C.Day,Barrett Clark's sister and part owner of the property,stated that they had no idea that Mr.Fitzwater wanted to subdivide his lands and use the deeded right-of-way for access.Mrs.Day noted that she would like to speak with her brother in greater detail before giving permission to Mr.Fitzwater to use the right-of-way for access to another lot.Dr.Johns made a motion to deny the variance request until the access situation can be worked out between Mr.Fitzwater and the owners of the right-of-way,seconded by Ms.Acord.So ordered. Donald Fox Estate: Mr.Lung presented the variance request for the Estate of Donald Fox located on the south side of Broadfording Road west of the Conococheague Creek.The request is from Section 405.ll(b)of the Subdivision Ordinance which requires that all new lots have 25 feet of public road frontage.The site consists of 71 acres and is zoned Agricultural.The site presently has three dwellings on it.The applicant is proposing to subdivide two lots, each containing one dwelling from this farm without pUblic road frontage. Fred Frederick,agent for the applicant,stated that Broadfording Road previously went through this site and had it not been relocated,these three dwellings would have had fee simple public road frontage.The relocation of Broadfording Road along with the existing topography along the road make obtaining public road frontage somewhat impossible and,if obtained, virtually unusuable.Mr.Lung stated that the property could be subdivided with usable fronage by providing two,25 foot panhandles west of the existing entrance.Mr.Frederick stated that he would be willing to amend I, '<;j" '<;j" (Y) (9«« his request and provide a 25 foot panhandle for one of the new lots with the other lot having a plated right-of-way over the existing lane for means of access.Mr.Iseminger made a motion to grant the variance to create one lot without public road frontage based on a hardship that would result from strict compliance to the Ordinance,seconded by Mr.Salitsky.Dr.Johns voted no.So ordered. Robert Holder: Mr.Lung presented the variance for Robert Holder located on the west side of Route 40-A north of Boonsboro.The variance is being requested from Section 405.2A of the Subdivision Ordinance which states that the Highway Plan requires 500 feet of access separation along a Minor Arterial roadway. Mr.Holder is proposing to subdivide his 50 acre parcel into 22 residential lots.Sixteen of these lots will have frontage and access onto a new pUblic street,the other 6 lots will have direct access via shared driveways onto Route 40-A.The location of the shared driveways meet the 500 foot minimum access separation requirement;however,the proposed street is only 250 feet from an existing private lane to the south.The State Highway Administration has approved the location of the proposed new street.Dr. Johns made a motion to grant the variances based on a hardship that would result from strict compliance to .the Ordinance,seconded by Mr.Roulette. So ordered. Joseph &Kathleen Wiesenbaugh: Mr.Goodrich presented the variance request for Joseph and Kathleen Wiesenbaugh whose property is located on the south side of MD Route 418. The Wiesenbaughs are proposing to subdivide a 5 acre +tract into 3 parcels "to be conveyed to immediate family members.The only-public road frontage for this property is a narrow panhandle out to Route 418.At the present time,there is a driveway apron but it cannot be considered as an access point to the property.Mr.Goodrich stated that the variance is being requested because this panhandle is not considered an existing driveway by the Planning staff;therefore,the Highway Plan standards must be met in establishing a new access point.The County's Highway Plan classified Route 418 as an Intermediate Arterial roadway which requires 500 feet between access points.Mr.Goodrich noted that the existing farm lane was proposed as an access point into the property,but due to the topography of the land, it would be useable.The proposed 3 lots will be served by a right-of-way. Ownership of the panhandle will be kept in the Wiesenbaugh's name.Dr. Johns made a motion to grant the variance based on topographical hardship that would result from strict compliance to the Ordinance,seconded by Mr. Salitsky •So ordered. Alexis Gagarine: Mr.Goodrich presented the variance request for Alexis Gagarine.The property is located on the east side of Alt.U.S.Route 40,2 miles +south of Funkstown.Mr.Goodrich explained that in the mid 1960's the Gagarines owned the entire parcel along Route 40.It was later subdivided and the Highway Plan permited one point of access for the original lot of record, one point for all subdivision and no other access was permitted.Mr. Goodrich noted that in May 1978,the State Highway Administration approved an access for a new driveway (labeled B on the drawing)with no subdivision proposed at that time.In July 1978,the subdivision of a 7 acre parcel (not for development-labeled C on the drawing)was approved.The Highway Plan permitted the existing points of access (labeled A on the drawing)plus one new access for the subdivided lots (labeled C).The Planning Commission required that access B be closed because the permitted number has been used. In July 1979,the Planning Commission approved a 35 acre subdivision and again required that access B be closed.Mr.Goodrich noted that in September 1979,the Gagarines asked permission to have access B open on a seasonal/agricultural basis for use while selling Christmas trees.The Planning Commission granted the request.The Gagarines are now requesting that the access be officially opened.Although it is supposed to be closed, it is in fact used on a daily basis.The Highway Plan requires that there be 500 feet between all new access points.The subject access is existing and the separation requirements are met with all driveways to the south,but the driveway to the north is approximately 190 feet away.After a brief discussion,Mr.Zombro made a motion to grant the residential access variance based on a hardship that would result from strict compliance to the Ordinance,seconded by Ms.Acord.So ordered. 405 406 Subdivisions: Holiday Estates: Mr.Lung presented the preliminary and final plat for Holiday Estates,Lots 5 through 13,located at the corner of Itnyre Road and Cave Hill Road.A preliminary consultation was held for the entire 13 residential lot subdivision in May,1987,and the Planning Commission approved four lots in October,1987.The applicant is now requesting approval of the remaining 9 lots.These lots range in size from 1.18 acre to 3.29 acres with 5.07 acres of remaining land.All agency approvals have been received.A hydrogeologic study has been completed and reviewed by the Health Department.The County Engineer has determined that site grading for drainage is not necessary.In order to reduce the safety hazard that will be created by 10 new entrances onto Itnyre Road,the Planning staff recommended that the number of driveways be reduced to 4 by utilizing shared driveways.Mr.Fred Frederick,consultant for the applicant,voiced his objection to the staff's recommendation.He stated that he agreed with the staff's concern,but did not feel that the purchasers of the lots should be required to use shared driveways.After a discussion,Dr.Johns made a motion to approve the preliminary and final plat as submitted with individual driveways,seconded by Mr.Zombro.So ordered. Ruth Ann Holtzman: Miss Kelly presented the preliminary and final plat for Ruth Ann Holtzman. The subject site is located on the north side of Edgewood Drive,500 feet east of the Dual Highway.It has a current zoning of Business Local.The applicant is proposing to subdivide her 1.16 acre tract into 2 parcels.Lot 1 will encompass less than 1 acre and will include the abandonded warehouse. Lot 2 will consist of approximately .5 acres and is the site of the Allstate Insurance Office.Public water and sewer will serve lot 1 upon request and is currently serving the insurance office.All agency approvals have been received.Mr.Zornbro made a motion to approve the preliminary and final plat,seconded by Mr.Roulette.So ordered. College Court: Mr.Goodrich presented the preliminary plat and site plan for College Court townhouses,located in the Youngstoun development along Robinwood Drive. The development consists of 16 townhouses around the extension of a public street to be called College Court North.The site will be served by public water and sewer.A commcn open space will be provided to the east between the existing apartment buildings and the proposed townhouses and there will also be a small open space area located to the north of lot #7.College Court North will be a public road with on-street parking provided.The townhouses on lots 1 through 7 will have garages and driveways for each unit.All agency approvals have been received,except for the Board of Education.The County Engineer required a small modification to the proposed street and a modification of the right-of-way at College Court North and College Court South.Mr.Goodrich stated that the staff is requesting preliminary plat and site plan approval contigent on receipt of the Board of Education approval with the condition that the school bus turn- around remains at the location shown on the plat.Mr.Salitsky made a motion to grant preliminary plat and site plan approval conditional upon the school bus turn-around remaining at the location as shown on the plat, seconded by Mr.Zombro.So ordered. Colonial Park East: At this time,Chairman Byers stepped down because he is President of Home Construction,the applicant,and Vice-Chairman Zombro chaired the meeting. Mr.Lung presented the preliminary plat for Colonial Park East Section A, located behind the existing Colonial Park on the north side of Route 40,to be developed by Home Construction,Inc.Section A consists of a 44 lot residential subdivision on 67 acres with access to the site by Cornell Avenue with a future connection to Colonial Drive.This is the first section of a proposed 189 lot subdivision.A preliminary consultation was "'t "'t (Y) <..9 <:( <:( held on March 20,1987.In 1977,this property was rezoned from Agriculture to Residential Suburban,the County Commissioners put a condition on the rezoning that traffic from a portion of the lots from this site use the planned street,as outlined in the Highway Plan,and that no access be provided through this development from any other site to Colonial Park.Mr. Lung noted that the planned street is classified by the Highway Plan as a proposed Minor Collector street to come off of Mt.Aetna Road and eventually connect with a proposed Major Collector that will connect Edgewood Drive and Eastern Boulevard.The proposed planned street was discussed during the preliminary consultation and the County Engineer stated that these plans have been dropped.The County Engineer has approved the preliminary plat for Section A with the condition that the final roadway drawings be revised as requested and that a site grading plan be included on the final plat for lots A-I,A-7 and S-2.The Hagerstown Water Department has given its approval contingent upon minor revisions being made to the construction drawings.Hagerstown Water Pollution Control submitted written comments which require the plat to be revised prior to approval.The Health Department stated that it will need approval letters from Water Department and Water Pollution Control Department before approval can be given.The State Highway Administration stated at the time of the consultation that they had no objections to the entire l89-lot subdivision;however,they have since stated that they would like to further review the plan as it relates to traffic flow onto Route 40 at Cornell Avenue and North Colonial Drive. Mr.Lung noted that the proposed street named Auburn Way will need to be changed because of an existing Auburn Drive.Mr.Lung stated that even though this application is for only 44 out of the total 189 lots,the matter of the conditions placed on the rezoning concerning traffic into the existing Colonial Park should be resolved now.Mr.Fred Frederick, ·consultant for the applicant,stated that in his opinion the proposed 44 lot subdivision meets the intent of the conditional rezoning in that this subdivisoiin is only a portion of the total development.After some discussion,Mr.Frederick stated that in order to spread out the traffic generated by this section,they would be willing to make the connection onto North Colonial Drive now instead of during the next phase.Mr.Iseminger made a motion to grant preliminary plat approval conditioned upon receipt of all outstanding agency approvals and construction of the street connection onto North Colonial Drive,seconded by Ms.Acord.So ordered. Site Plans: Milcar Construction Medical Offices: Miss Kelly presented the site plan for Milcar medical offices.The subject site is located along the west side of Leitersburg Pike,situated between the Longmeadow Bowling Alley and the 7-11 Store.The parcel has a current zoning of Business Local.The site encompasses approximately .24 acres to be used for office space for medical doctors.The proposed building will be 59'x 57'with eleven parking spaces to be provided.The site will be served by pUblic water and sewer.Landscaping is provided along the southern property line,in the front of the building,and at the entrance along the Leitersburg Pike.All agency approvals have been received.The Planning staff requested that a gate around the dumpster be provided to shield it from Leitersburg Pike.Dr.Johns made a motion to approve the site plan,seconded by Mr.Salitsky.So ordered. Village Shopping Center: Mr.Lung presented the site plan for the Village Shopping Center located on the west side of MD Route 68,north of 1-70 near Clear Spring,zoned HI. The owners are proposing to expand their existing building which is currently being served by pUblic water and sewer by the Town of Clear Spring.Verbal approval from the Town of Clear Spring has been received, and written approval is forthcoming.Access to the site is via an existing entrance onto Route 68.The State Highway Administration has requested that the developer extend the existing curb and traffic-bearing shoulder approximately 80 feet to the north to connect with the curb at the Washington County National Savings Bank.The plan has been revised to show the comments received from the Planning staff and the Permits Office.Mr. Salitsky made a motion to approve the site plan conditional upon approvals from the Town of Clear Spring and the State Highway Administration,seconded by Mr.Roulette.So ordered. 407 408 aTHER BUSINESS: Ronald Leggett: Mr.Goodrich stated that Mr.Leggett is requesting permission from the Planning Commission to subdivide 5 lots on Monroe Road.The County Engineer stated that Monroe Road is inadequate but would approve 3 lots.Mr.Leggett is requesting that the Planning Commission override the County Engineer's decision and approve all 5 lots.After reviewing the letter received from Mr.Dull,Mr.Salitsky made a motion to table the request until the January regular meeting so the Commission can view the site,seconded by Ms.Acord. So ordered. Preliminary Consultations: Foxleigh Meadows: The preliminary consultation for Foxleigh Meadows was presented to the Planning Commission for its information with nothing to be added by the staff.No action was taken by the Commission. Chester Martin: The preliminary consultation for Chester Martin was presented to the Planning Commission for its information with nothing to be added by the staff.No action was taken by the Commission. Christopher Diehl: Mr.Lung noted that this development involves a l800-foot cul-de-sac and that the Subdivision Ordinance,at one time,had a requirement to limit the length of cul-de-sacs to 600 feet.During the Preliminary Consultation, there were no negative comments on the length.The Mt.Aetna fire department had no comments on the length of the cul-de-sac but stated that it would like to see a turn-around located approximately half-way along the cul-de-sac.By concensus,the Commission determined that a turn-around should be constructed in the middle of the cul-de-sac for fire safety purposes. Thomas Fath: The preliminary consultation for Thomas Fath was presented to the Planning Commission for its information with nothing to be added by the staff.No action was taken by the Commission. Western Commercial Funding: The preliminary consultation for Western Commercial Funding was presented to the Planning Commission for its information with nothing to be added by the staff.No action was taken by the Commission. OTHER BUSINESS: South County Study Status: Mr.Hawbaker stated that there have been meetings with the South County Advisory Committee to review the proposed uses for the Battlefield buffer zone.He noted that there will be no meetings during the month of December, but two meetings will be held in January.The first meeting will be held to discuss the Battlefield buffer zone,and the second meeting will entail a presentation from the National Park Service on visible buffers for the area. No action was taken by the Commission. Rezoning Cases from November 17,1987 Hearing: RZ-37l -Downs,Hastings,&U.S.A.: Mr.Zombro made a motion to recommend to the County Commissioners to remove the HP Overlay Zone from these three applications,seconded by Mr. Iseminger.So ordered. """"""C0 CJ <:( <:( RZ-372 -Right of Entry: Mr.Zombro made a motion to recommend to the County Commissioners to approve the Text Amendment for the Right of Entry,seconded by Mr.Iseminger.So ordered. Rezoning Cases from December 1,1987 Hearing: RZ-373 -Douglas Gaylor: Mr.Iseminger made a motion to recommend to the County Commissioners to approve the Douglas Gaylor property to be rezoned from IG to RR,seconded by Mr.Zombro.So ordered. RZ-374 -Longmeadow Volunteer Fire Company: Mr.Iseminger made a motion to recommend to the County Commissioners to approve the Longmeadow Volunteer Fire Company to be rezoned from IG to RS, seconded by Mr.Salitsky •So ordered. Stewart Warehousing: Mr.Hawbaker informed the Commission that in order to assist the applicant with a tight time schedule in the construction of a new freezer building,he has approved the site plan as an addition to the existing facility.The Commission concurred that the approval,in light of the scheduling constraits,was the appropriate action. "Hagerstown Travelers Plaza: Mr.Goodrich stated that a few comments have been received on the site plan. He noted that when the Planning Commission approved the concept plan,it did so with a condition that the environmental report be submitted to the Planning Commission.Commission members indicated they had received copies of that report.Mr.Goodrich noted that the report was submitted to the Center for Environmental Health and the staff had received a copy of its assessment.Commission members asked for copies of that letter.No action was taken by the Commission. APA Membership: Mr.Hawbaker stated that the APA (American Planning Association)has provisions for the entire Planning Commmission at $35 per member.By concensus,it was agreed that Mr.Hawbaker arrange for membership for each Planning Commission member. COMMUNICATIONS: Letter from Christine Rales: A letter was received from Christine Rales expressing her concern on the development of South Mountain and the Antietam Battlefield areas in Washington County.No action was taken by the Commission. Letter from Ted Wolford: A letter was received from Ted Wolford,Superintendent of County Roads Department,stating his recommendation that the Planning Commission endorse the prohibition on development on roads less than 16 feet in width as proposed in the letter from the County Engineer dated OCtober 21.The Commission so noted Mr.Wolford's concern. Letter from George E.Donn: A letter was received from George Donn,Supervisor of Transportation for the Washington County Board of Education,also stating his recommendations relative to the subject of development on roads less than 16 feet in width. The Commission so noted Mr.Donn's concerns. 409 410 UNFINISHED BUSINESS: Highway Plan Access Distance Analysis Status Report: Mr.Hawbaker stated that Mr.Dull is still reviewing the access distance separation question and that once the review is oomplete,it will be brought back to the Commission. ADJOURNMENT: There being no further discussion,the meeting adjourned at 11:30 PM. ~'~///t /.. .///..,,i"-_..-----'/;/:f;;;"YBii~/..•c//