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HomeMy WebLinkAbout1989 MinutesWashington County Planning Corrunission Regular Meeting -January 9,1989 The Washington County Planning Corrunission held its Regular Meeting on January 9,1989 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.Zornbro;Ex- Officio,Richard E.Roulette;Bertrand L.Iseminger and Judith A.Acord. Staff:Director,James P.Brittain;Senior Planner,Stephen T.Goodrich; Associate Planners,Timothy A.Lung and Lisa Kelly Pietro;Assistant Planner,John E.Gudmundson;Director of Planning and Review,Richard Parks; County Attorney,Ralph France;and Secretary,Janet L.King.Absent were Sidney Salitsky and Paul Prodonovich. CALL 'IO 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 Workshop Meeting of December 5.Seconded by Mr.Iseminger.So ordered. Mr.Byers stated that the second paragraph under Laurel Grove regarding the wading pool should read "the developer is requesting that the Commission permit them to substitute a wading pool for one of the required play lots". Mr.Zombro made a motion to approve the minutes of the Regular Meeting of December 5 as amended.Seconded by Mr.Iseminger.So ordered. Mr.Byers stated that for the minutes of the Workshop Meeting of December 12,it should state that Mr.Byers stepped down as Chairman and retired from the meeting room for rezoning cases RZ-403 and RZ-406.Mr.Roulette said that under RZ-412,the third paragraph should be changed from "exempt"to "exclude".Mr.Iseminger made a motion to approve the minutes of the December 12 Workshop Meeting as amended.Seconded by Mr.Roulette.So ordered. Mr.Iseminger made a motion to approve the minutes of the December 20 Special Meeting.Seconded by Mr.Zombro.So ordered. Mr.Iseminger made a motion to approve the minutes of the December 27 Special Meeting.Seconded by Ms.Acord.So ordered. CORRESPONDENCE: Memo from the County Corrunissioners: The Corrunission acknowledged receipt of the memo from the County Commissioners regarding media coverage at public hearings.No action was taken by the Commission. UNFINISHED BUSINESS: Jerry Coates: Mr.Brittain informed the Commission that during the December meeting the variance request was tabled for Jerry Coates so the County Engineer could review the request. Mr.William wantz,attorney for Mr.Coates,informed the Corrunission again that Mr.Coates is proposing to subdivide 5 lots along Dam #5 Road.Mr. Wantz said that the request was tabled during the December meeting so the County Engineer can review the construction of shoulders along Dam #5 Road. The construction of shoulders would be detrimental to the area since Mr. Dull will require Dam #5 Road to be brought up to current County road width standards,which consists of the road being 18 feet width with 6 foot shoulders.Mr.Wantz said that he met with Ted Wolford,Superintendent at 19 the Roads Department,to discuss the cost of the proposed widening of the road.Mr.Wolford estimated between $22,000 and $23,500 to bring Dam #5 Road to County road width standards.Mr.Wantz added that development can only occur along one side of Dam #5 Road due to the scenic easement along the C &0 Canal.The Coates property also has a stream and floodplain located on it which will also limit development. Mr.Michael Barnhart,with the United States Park Service - C &0 Canal Division,stated that 3 to 4 feet of Dam #5 Road is under Federal ownership and if its widened,it will collapse the Canal.He suggested that if any widening is to occur,it should take place on the other side of the road. Mr.Barnhart added that the scenic easement restrictions consist of no structures being permitted within 200 feet of the Canal and that 100 feet from the Canal must be left to re-vegetate. Mr.Roulette asked if and when the County would upgrade Dam #5 Road,would the developer be interested in sharing in the cost of this upgrading.After a discussion,Mr.Coates agreed to share in the cost of upgrading Dam #5 Road.Mr.Iseminger made a motion to approve the proposed concept plan and future sUbdivision subject to the County Commissioners agreement with the developer regarding improvements to the road.Seconded by Mr.Zombro.So ordered. NEW BUSINESS: Variances: Bridget Doyle: Mrs.Pietro presented the variance request for Bridget Doyle.The sUbject property is located along the east side of the Sharpsburg Pike.The owner is proposing to subdivide a 1 acre lot from a 40 acre tract owned by Mr. Cook.The proposed access to the Doyle site is located approximately 283 feet north of an existing driveway which serves the adjacent Leatherman property.The variance is being requested from the Highway Plan's standards which states that there needs to be 500 feet of spacing between new access points.The variance is needed because the septic area is located on the north side of the property and the driveway must clear it by 20 feet.Mr. Iseminger made a motion to grant the variance based on a hardship that would result from strict compliance to the Ordinance.Seconded by Ms.Acord.So ordered. Asad Ghattas: Mrs.Pietro presented the variance request for Asad Ghattas located along the west site of pennsylvania Avenue.The applicant is proposing to replat his 10 acre tract into one lot of record.Mr.Ghattas is requesting a right-of-way dedication of 35 feet from centerline instead of the required 50 feet which is indicated in the County's Highway Plan.Previous preliminary plats for Fountainhead Plaza show a dedication of 40 feet.This dedication is required by the State Highway Administration so that the construction of acceleration and deceleration lanes will fall within the SHA right-of-way.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.So ordered. Subdivisions: Fountainhead Plaza Mrs.Pietro presented the final subdivision plat for Fountainhead Plaza located along the west side of Pennsylvania Avenue.The purpose of this final plat is to show the consolidation of several lots into one lot of record.She informed the Commission that all agency approvals have been received accept for written approvals from the Health Department and the Sanitary District.Mr.Iseminger made a motion to grant final plat approval conditional on receipt of outstanding written agency approvals.Seconded by Ms.Acord.So ordered. 20 site Plans: F &M Bank: Mrs.Pietro presented the site plan for the F &M Bank to be located along the west side of pennsylvania Avenue in the Fountainhead Plaza development. TIle site will be served by public water and sewer.Landscaping appears to be adequate,as well as parking.Directional signs are to be added to the plan.Lights will be located on the proposed building as well as in the parking area.All agency approvals have been received.Mr.Roulette made a motion to grant site plan approval.Seconded by Ms.Acord.So ordered. Variances: Terry Yost: Mr.Lung presented the variance request for Terry Yost.The site is located at the southeast corner of Ft.Ritchie and Wise Roads.The variance is being requested from Section 411.B of the Subdivision Ordinance which requires all new lots be have 25 feet of public road frontage.Mrs.Calvin Baumbaugh currently owns 13.65 acres and wishes to convey 6 acres to Mr. Yost for the construction of a dwelling.At present,the parcel is landlocked and undeveloped with access via a logging,trail.Access to the proposed lot will be to Ft.Ritchie Road via a 50 foot right-of-way owned by Mr.Paul Wade.Mr.Wade is not willing to convey the right-of-way in fee. Mr.Lung stated that Mr.Yost's hardship is that due to the entire property being landlocked,a new lot cannot be created with public road frontage. Mr.Roulette made a motion to grant the variance based on a topographical hardship.Seconded by Mr.Iseminger.So ordered. Reulet and Jenkins: TI1is variance request was withdrawn prior to the meeting.No action was taken by the Commission. Dr.Ray Johns arrived at 8:00 P.M. 16 Foot Road Width: Wilbur Trumpower: Mr.Brittain reminded the Commission that they previously approved a three lot subdivision along Barnhart Road with the condition that no further subdivision be permitted until Barnhart Road is improved to current County road width standards.Mr.Brittain stated that a request for subdivision has been submitted by Mr.Wilbur Trumpower to subdivide two lots along Barnhart Road.Mr.William Teach,consultant for Mr.Trumpower,has been notified of the Commission's action.Mr.Teach feels that all property owners should have been informed when the Planning Commission made the decision that no further subdivision be permitted along Barnhart Road unless its upgraded. Mr.Robert Banzhoff,spokesman for Mr.Teach,stated that Mr.Trumpower would like to subdivide one lot each year for income tax purposes.He noted that sight distance is good along Barnhart Road and there is adequate room for cars to pass.Mr.Banzhoff stated that Mr.Trumpower's hardship is that he has no other land that could be subdivided and in all fairness,this should be approved since the development was already in progress when the Commission decided not to allow any further development along this roadway. Mr.Banzhoff said that there is approximately 166 acres of remaining lands and a 50 foot panhandle is being proposed to serve the remaining lands. After a discussion,the Commission asked Mr.Trumpower if he would be willing to share in the cost of upgrading Barnhart Road just where he has road frontage.Mr.Trumpower replied that he does not want to share in the cost of upgrading this road.He feels the taxes he has paid over the years should be sufficient for the County to cover the entire cost of the road improvements. 21 The Commission informed Mr.Trumpower that the County Engineer rec~umended that no subdivision be permitted along roadways less than 16 feet in width. The Commission suggested that Mr.Trumpower meet with the County Engineer to discuss what the minimal improvements to Barnhart Road would be needed to permit this subdivision.After a discussion,Mr.Zombro made a motion to table this request until an agreement can be worked out between the developer and the County Engineer on road improvements to Barnhart Road. Seconded by Mr.Roulette.So ordered. Mr.Roulette suggested to the Planning staff that when requests for subdivision are received on roads less than 16 feet in width,they should be forwarded to the County Engineer for comments before coming to the Commission. Subdivisions: Highland Manor Phase II -Lots 92 through 153: Mr.Lung presented the preliminary plat for Highland Manor,Phase II -Lots 92 through 153,a mobil home subdivision located along the west side of Route 63.The concept plan for the entire development to consist of 228 lots on approximately 32 acres was approved in 1983.Phase I consists of 77 lots and was approved in January,1988.The first 14 lots in Phase II were approved in October,1988.This plan calls for the development of 62 additional lots for Phase II on approximately 14 aCres and also the extension of Heather Drive and Dundee Court along with construction of McGregor Drive.The County Engineer has approved the street layout design _and stormwater management.State Highway Administration has approved the access location onto Route 63.A package treatment plant will serve the site and the Sanitary District has approved the additional 62 lots to be served.Public water is available to the site with Hagerstown Water Department's approval.The plan meets all the requirements of the Zoning Ordinance.Phase II is in compliance with density,open space and landscaping requirements approved with the overall concept plan.Mr. Roulette made a motion to grant preliminary plat approval.Seconded by Mr. Iseminger.So ordered. Fair Acres: Mrs.Pietro presented the preliminary and final subdivision plat for Fair Acres,located along Mondell Road.The owner is proposing to subdivide 13 single-family residential lots ranging in size from 1.5 to 14.5 acres.The proposed development will be served by private wells and septic system. During a preliminary consultation held in January,1988,the County Engineer stated that he would only permit 13 lots along Mondell Road because of its inadequate width and sight distance.All agency approvals have been received.Mr.Iseminger made a motion to grant preliminary and final plat approval.Seconded by Mr.Zombro.So ordered. Smithsburg Family Medical Center: Mrs.Pietro presented the preliminary and final subdivision plat for the Smithsburg Family Medical Center,located at the intersection of Route 64 and Houte 77.The owner is proposing to subdivide a 4 acre tract into two parcels to consist of 1.8 and 2 acres respectively.Proposed lot #1 will contain the medical center.A use has not been determined for lot #2.A site plan will be required before any development can occur on lot #2.The entire site will be served by public water and sewer.A combined entrance and exit for both lots is being proposed with access onto Houte 64.All agency approvals have been received.Mr.Iseminger made a motion to grant preliminary and final plat approval.Seconded by Mr.Houlette.So ordered. Site Plans: Lee Michael and Patrick Grunberg: Mr.Lung presented the site plan for Lee Michael and Patrick Grunberg.The site is located on Governor Lane Boulevard.The owners are proposing to construct a 70 x 100 foot building for a construction office and warehouse with a future 70 x 100 foot addition.A total of 15 parking spaces are 22 being provided.Landscaping is being provided within the parking areas, around the proposed building and along the property line.The County Engineer and Soil Conservation District have approved the site plan. Comments have been received from the Water Department regarding the design and size of the water line to the building and from the Sanitary District concerning the extension of the sewer laterial.The Planning staff recommended additional landscaping,provisions of a 10 x 45'loading area and explanation of the use of the stoned area.Mr.Patrick Grunberg indicated that a revised plan will be submitted to address the concerns of these agencies.Mr.Roulette made a motion to grant site plan approval conditional upon the staff receiving all agency approvals and revisions addressing staff comments.Seconded by Ms.Acord.Mr.Iseminger abstained.So ordered. Wolf-Moul: Mrs.Pietro presented the site plan for Wolf-Maul.The subject area is located along the west side of Western Maryland parkway,just south of Route 144.The proposed use is a rental warehouse.The site will be served by public water and sewer.The proposed entrance to the site will be via Western Maryland Parkway.Landscaping is being provided along all sides of the building as well as along the property line adjacent to Route 144.The dumpster and loading area will be located in the rear of the building.All requirements of the Zoning Ordinance have been met and all agency approvals have been received.Mr.Zombro made a motion to grant site plan approval. Seconded by Mr.Iseminger.So ordered. preliminary Consultations: Clear Spring Associates: Mr.Goodrich presented the concept plan for Clear Spring Associates to the Commission.The site is located along the north side of Route 40 near Clear Spring.Phase A will consist of one residential lot with an existing dwelling.Phase B consists of 21 acres proposed to be dedicated to the County for open space and a recreation area.Phase C will consist of 5 single-family lots and Phase D will be a conveyance to an adjacent property owner for property enlargement only. Mr.Goodrich stated that the developer had been advised of the requirements of the Highway Plan requiring 500 feet between access points and that Phase C,as designed,did not meet these standards.Additional right-of-way will be required to be dedicated to straighten the curves on Cohill Road.No action was taken by the Commission. Maurice Carlisle: Mrs.pietro presented the concept plan for Maurice Carlisle located along Route 67.Mr.Carlisle is proposing to subdivide 5 lots.Mrs.Pietro stated that there were no major problems concerning the proposed development that was brought out at the consultation.No action was taken by the Commission. Hill-n-Dale Acres: Mrs.Pietro presented the concept plan for Hill-n-Dale Acres.The owner is proposing to subdivide 13 lots at the intersection of Mt.Tabor and Resh Roads.The remaining lands consisting of 38 acres will be developed in the future.No action was taken by the Commission. John Miller: Mrs.Pietro presented the concept plan for John Miller.The owner is proposing to subdivide 5 lots located along Bakersfield Road.No action was taken by the Commission. 23 Unfinished Business: Animal Husbandry Task Force: Mr.Lung distributed copies of the Final Draft and informed the Commission that a public hearing to review the proposed Zoning Ordinance amendments will be held on January 23,1989 at 7:00 P.M.in Court Room No.1 of the Court House.No action was taken by the Commission. OTHER BUSINESS: Airport Master Plan: Mr.Lung presented a summary of the Airport Master Plan and recommended that the Planning Commission make the following comments to the Airport Commission:1)Revisions need to be made to the County's Comprehensive Plan to be more specific in addressing future growth of the Airport and the impact that it will have on the surrounding area,2)The current study of the Highway Interchange zoned land in the vicinity of the airport should be expanded to also include lands in the vicinity of the airport not currently in the scope of the HI Study,3)In order to address concerns on encroachment of residential development into sensitive areas adjacent to the airport,new zoning regulations will need to be developed to prohibit residential development but to allow land uses which are not only compatible with the airport but also compatible with other existing land uses in the area,4)The Airport Master Plan's proposal for ground transportation and access appears to be compatible with other County plans and policies,and 5)Surface obstruction and the clear zone is currently addressed in the Zoning Ordinance and the Planning Commission should be informed of any revisions to the Imaginery Surface maps. After a discussion,Dr.Johns suggested that the comments to the Airport Commission should include that restricting residential development up to a 2 mile radius from the airport would be difficult due to existing land use patterns and zoning classifications. Dr.Johns made a motion that the Commission does endorse and concurr with the staff's comments on the Aiport Master Plan.Seconded by Ms.Acord.So ordered. MKS Annexation: Mr.Goodrich stated that the City of Hagerstown received a request for annexation from the MKS Development Company located along a proposed section of Eastern Boulevard.The City is proposing to apply the zoning designation of C-2,Commercial-General to the property which permits uses that correspond to the County BL designation.This property is currently zoned RU,which is exclusively residential.Mr.Goodrich said that the City is authorized to assign a significantly differnt zoning category without regard for the "change or mistake rule"by Article 23 of the Annotated Code if the County gives its "express approval".Mr.GoodEich stated that the Planning staff is recommending a comprehensive evaluation of the entire area . surrounding Eastern Boulevard before any zoning changes are made. After a discussion,Mr.Zombro made a motion to recommend to the County Commissioners that the staff look into a comprehensive rezoning study of the Eastern Boulevard area prior to the "express approval"by the County Commissioners for the rezoning of the MKS property.Seconded by Dr.Johns. So ordered.Also,by consensus,the Planning Commission recommended that the study be a joint County and City effort. House Numbering Update: Mr.Gudmundson informed the Commission that a committee meeting was held in early December.He stated that the Cascade,Sandy Hook,Knoxville, Keedysville,and Sharpsburg postal districts have been implemented.The Boonsboro postal district is ready to be implemented and Hancock and Big Pool are being worked on.The Post Office requested that the prison complex on Roxbury Road be assigned numbers in conformace with the County grid system.These numbers will be implemented with the Boonsboro numbering 24 system.Mr.Gudmunson said that the Farhney Keedy retirement center consists of private street system with conflicting road names.The Committee is trying to convince them to change the road names to avoid duplications. Mr.Gudmundson stated during the December meeting,the Committee decided to re-number the area around Hagerstown with the County grid system.The committee will be meeting with City officials to get their cooperation on the change in the Hagerstown area.No action was taken by the Commission. ADJOURNMENT: There being no further business,the meeting adjourned at 10:30 P.M. Executive Session followed the Regular Meeting. w airman ~" 25 Washington County Planning Commission Workshop Meeting -February 6,1989 The Washington County Planning Commission held a Workshop Meeting on Monday, February 6,1989 in the third floor conference room of the County Office Building to discuss the Planning Commission's '89-'90 Work Program,and a request to be added to the agenda of the Planning Commission's regular February meeting. Members present were:Chairman,Jack B.Byers;,EX-Officio,Richard E. Roulette;Bertrand L.Iseminger,Dr.Ray Johns,and Judith A.Acord.Staff: Director,James P.Brittain;Director of Planning and Review,Richard Parks; County Attorney,Ralph France;Senior Planner,Stephen T.Goodrich; Associate Planners,Timothy A.Lung and Lisa Kelly Pietro;Associate Planner,John E.Gudmundson,and Secretary,Janet L.King. CALL TO ORDER: The Workshop Meeting was called to order at 6:30 P.M. WORK PROGRAM: Mr.Brittain presented the proposed '89-'90 Work Program to the Planning Commission for its review.He informed the Commission that with the additional planner,the staff's responsibilities have been realigned to allow the Senior Planner to concentrate more on special projects.Mr. Erittain briefly discussed the areas on the Work Program outlining items to be addressed under the categories of Rural Land and Village Development,the revived Urban Growth Area,the Water and Sewer Plan,Highway Interchange Study,Transportation Plan,Public Facilities Ordinance,Town Growth Area Study for the Hancock area,Solid Waste Management Plan update,Recycling Plan,Parks Planning and the Agricultural Land Preservation program. After a discussion,by consensus,the '89-'90 Work Program was adopted with 'Rural Land and Village Development'identified as having the Commission's top priority.So ordered. REQUEST m BE ADDED m THE AGENDA: Mr.Goodrich stated that a request has been received from Davis,Renn and Associates to add the site plan for Ewing Oil to the February 6 agenda. Correspondences have been received from the Health Department and the Hagerstown Water Department.No comments have been received from the County Engineer.However,it was noted that the County Engineer and Soil Conservation District had signed the site plan.Mr.Goodrich noted that the plan has been revised to address the comments of the Health Department and the Water Department.There is a pending variance request to the Appeals Board for a reduction in side yard setback requirements.The staff feels that this site plan is ready to be presented to the Planning Commission. Dr.Johns made a motion to add the site plan for Ewing Oil to the agenda. Seconded by Ms.Acord.Mr.Iseminger abstained.So ordered. ANIMAL HUSBANDRY ORDINANCE: Mr.Ralph France,County Attorney,presented a revised draft on the Animal Husbandry Ordinance to the Planning Commission and explained said revisions.After a discussion,the Commission took no action as the matter was to be further discussed at the February 6 RegUlar Meeting which immediately followed. ADJOURNMENT : There being no further business,the meeting adjourned at 7:00 P.M. 26 // washington County Planning Commission Regular Meeting -February 6,1989 The Washington County Planning Commission held its Regular Meeting on February 6,1989 at 7:00 P.M.in the second floor conference room of the County Office Building. Present were:Chairman,Jack B.Byers;EX-Officio,Richard E.Roulette; Bertrand L.Iseminger,Dr.Ray Johns and Judith A.Acord.Staff:Director, James P.Brittain;Senior Planner,Stephen T.Goodrich,Associate Planners, Timothy A.Lung and Lisa Kelly Pietro,Assistant Planner,John E. Gudmundson,Director of Planning and Review;Richard Parks,Director of Permits and Inspections;Paul Prodonovich and Secretary,Janet L.King. Absent were:Vice-Chairman,Donald E.Zombro and Sidney Salitsky. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 P.M. MINUTES: Mr.Byers stated that under the section regarding the Memo from the County Commissioners,the minutes should read "hearings"instead of "meetings". Mr.Iseminger made a motion to approve the minutes of the January Regular Meeting as amended.Seconded by Dr.Johns.So ordered. UNFINISHED BUSINESS: Wilbur Trumpower: Mr.Brittain informed the Commission that during the January meeting,the Commission tabled a request from Wilbur Trumpower to subdivide three lots along Barnhart Road until an agreement can be worked out between the developer and the County Engineer on road improvements.Mr.Roulette stated that the County Commissioners accepted an offer from Mr.Trumpower to share in the cost of upgrading Barnhart Road.By consensus,the proposed plan was approved for the future subdivision subject to the County Commissioners formal agreement being finalized with the developer regarding improvements to the road.So ordered. Variances: Robert Shank: Mr.Gudmundson presented the variance request for Robert Shank.The site is located along Fairview Road at the Rockdale and Gossard Mill Roads intersection.The variance is being requested from Section 401.2 of the Subdivision Ordinance which references the County's Highway Plan that requires 300 feet between access points.Mr.Shank is proposing to replat the house and driveway location and create another lot using a dual access drive.Doing so will reduce the access spacing to 212 feet.Mr.Shank feels that by relocating the driveway it will increase sight distance because of a nearby hill and embankment.Approval has been received from the State Highway Administration.Mr.Iseminger made a motion to grant the variance based on a topographical hardship.Seconded by Dr.Johns.So ordered. Roland C.Brandenburg: Mr.Lung presented the variance request for Roland Brandenburg.The site is located west of Terrace Hills and north of Northern Avenue.The variance is being requested from Section 318.1 of the Subdivision Ordinance to subdivide approximately 18 acres for estate planning purposes under the simplified plat process. 27 Mr.Willis Weikert,consultant for the developer,stated that Mr. Brandenburg wishes to convey 18 acres out of a 47 acre parcel plus Section C of Terrace Hills to his brother for estate planning purposes.He noted that there will be a two year restriction placed on the plat before development can occur and a preliminary and final plat will be submitted.Dr.Johns made a motion to grant the variance based on a hardship which will result from strict compliance to the Ordinance.Seconded by Ms.Acord.So ordered. Reulet and Jenkins: Mr.Gudmundson presented the variance request from Reulet and Jenkins,who own property located along Dargan School Road.The owners are proposing to create two lots with access over land owned by the County.The County Commissioners granted approval for access over the County's land contingent upon the applicant errecting and relocating fences in the vicinity of the point of access.The land is currently used as a parking area for a fire station and a helicopter landing pad.The variance request is necessary to fulfill the requirements outlined in the Subdivision Ordinance.Any development on these lots will require the submittal of a preliminary and final subdivision plat.Mr.Iseminger made a motion to grant the variance request with the condition that the owners construct the fences as previously approved by the County Commissioners.Seconded by Ms.Acord.So ordered. Parkview Meadows: .Mr.Byers stepped down as Chairman due to a part interest in an adjacent property and Dr.Johns chaired the meeting at this time. Mrs.Pietro presented the variance request for Parkview Meadows.The site is located along the east side of Bower Avenue.The property was rezoned in December 1988 and a consultation was held on the proposed development in January,1989.The owners are proposing to create approximately 100 lots on 26 acres with a proposed entrance serving the development that will be approximately 50 feet from an existing entrance.The County's Highway Plan requires a minimum of 100 feet between access points on Bower Avenue,a Minor Arterial roadway.During the consultation held in January,the County Engineer stated that all access locations must be off of Bower Avenue.In addition,the Board of County Commissioners'approval of the rezoning stipulated that vehicular access to the parcel would be from Bower Avenue. After a discussion,Mr.Roulette made a motion to grant the variance based on a topographical hardship and the restriction made by the County Engineer.Seconded by Mr.Iseminger.So ordered. Mr.Byers returned to chair the meeting at this time. Vincent Smith: Mr.Goodrich stated that Dr.Vincent Smith proposes to create six lots located along the north side of Route 40.The proposed lots will not have public road frontage and are to be conveyed to his children.The staff is presenting the request to the Planning Commission prior to plat submittal because it feels the proposal is not consistent with the intent of the section of the Subdivision Ordinance that permits conveyances to immediate family members on private rights of way. Dr.Smith stated that due to the floodplain and the topography of the site, it is difficult to develop the entire parcel. Mr.Roulette informed Dr.Smith that on most requests,the developer would be required to construct a road to County standards.The County Commissioners have been faced with the large expense of upgrading roads after lot sales.Mr.Roulette suggested that if at any time three of the six lots are sold to non-family members,the road must be improved.Dr. Smith said that he has no problem with that restriction. Mr.Roulette made a motion to grant the variance based on the condition that all six lots will be conveyed to immediate family members and that at such time as these lots are sold to non-family members,the dedicated 50 foot right-of-way must be used to construct a public road to County standards. Seconded by Dr.Johns.So ordered. 28 Subdivisions: Greens ide II: Mr.Lung presented the preliminary and final subdivision plat and site plan for Greenside Apartments.The site is located in Maugansville just west of Maugansville Road.The property is zoned HI.The proposed plan calls fOr the creation of lot #4 consisting of 3.1 acres.Lots 1 through 3 were previously approved for apartments.There is approximately 1.4 acres of remaining lands.The plat also involves the conveyance of .3 acres to the County for right-of-way for the extension of North Street.The proposed development consists of 4 apartment buildings with a total of 32 units for the elderly along with a community center.A variance was granted by the Board of Zoning Appeals to reduce the parking requirements. Mr.Lung stated that for multi-family developments,tot lots must be provided,since this development is for the elderly,the developer is proposing a community center,patio and a passive outdoor recreational area. Buffers are being provided to the rear of the development to screen the single-family residences as well as along the property line at Binkley Drive.Landscaping appears to be adequate.Public water and sewer will serve the site.Approval has been received by the Water Department.Water Pollution Control has stated that allocation is available to the site on a first come,fir'3t serve basis.The Sanitary District has requested some technical revisions to the construction drawings.Approval has been received from the county Engineer.Dr.Johns made a motion to grant preliminary and final subdivision plat and site plan approval conditional on receipt of all agency approvals.Seconded by Ms.Acord.So ordered.Mr. Iseminger abstained. Prospect Hill: Mr.Lung presented the preliminary and final subdivision plat for Prospect Hill.The site is located at the intersection of Keep Tryst Road and Route 340.The property is zoned Conservation.The owner is proposing to create 11 residential lots on approximately 55 acres with lots ranging in size from 3.2 to 5.6 acres.The construction of a new street to be called Prospect Hill Road is proposed.Private wells and septic systems will serve the site.Approval has been received from the County Engineer.State Highway Administration has approved the plan stating that no access is permitted onto Route 340.All perc tests have been approved by the Health Department. However,the Health Department has requested that a test well be drilled to determine if there is an adequate supply of water available to the site. Mr.Iseminger made a motion to grant preliminary and final plat approval conditional on Health Department approval.Seconded by Ms.Acord.So ordered. Site plans: John R.Oliver Company: Mrs.Pietro presented the site plan for the John R.Oliver Company.The site is located along the southeast side of the Leitersburg Pike.The proposed use is a one-story retail carpet business.The development will consist of the construction of a 4300 square foot building.A private well and septic system will serve the site.Adequate parking is available to the front of the building.An entrance and exit will be via the Leitersburg Pike and will be shared with Snaveley's Garden Center.Landscaping is provided to the side and front of the building.The Planning staff suggested to either relocate the loading area so as not to block the entrance serving the adjacent mini-warehouses or to widen the entrance to the warehouses.All agency approvals have been received except for the final written approval from the Health Department.Mr.Iseminger made a motion to grant site plan approval with the condition of receipt of the Health Department approval and the widening of the entrance to the warehouses.Seconded by Ms.Acord.So ordered. 29 washington County Sanitacy District: Mr.Lung presented the site plan for the Sanitary District's construction of a new administration building to be located at the 70/81 Industrial Park off of Elliott Parkway.The Sanitary District purchased this 30.7 acre parcel from the Washington County Industrial Foundation for the purpose of constructing a new administration building and wastewater treatment plant. The property is zoned HI and IG.Access to the site will be via Elliott Parkway.Landscaping appears to be adequate.A fire hydrant is to be located along the south side of the access road near the entrance to the proposed building.All agency approvals have been received.Mr.Iseminger made a motion to grant site plan approval.Seconded by Mr.Roulette.So ordered. Ewing Oil: Mr.Goodrich presented the site plan for Ewing Oil.The site is located along the south side of Jefferson Boulevard and calls for the expansion of its existing office building.Access to the site is currently via a driveway off the south side of Jefferson Boulevard.A new access location is being proposed onto Eastern Boulevard.The owner is proposing the conversion of an existing metal building to an office as well as an additional building for office use and warehouse.The proposed office space will consist of 8000 square feet and the warehouse will consist of 12,000 square feet for the storage of petroleum products.There is currently 9 parking spaces to the front of the building with an additional 30 spaces located on an adjacent property.Landscaping appears to be adequate with the screening of white pines to the rear of the warehouse building from the adjacent residences.The site is presently served by pUblic water and an on-site septic system.A variance is being requested from the Board of Appeals to reduce the building setback requirements from 200 feet to 30 feet.Conditional approval has been received from the Health Department and the Water Department.State Highway Administration and the County Engineer approval have been received.Mr.Roulette made a motion to grant site plan approval conditional upon receipt of final agency approvals and the approval the Board of Appeals'approval for the reduction of setback requirements. Seconded by Dr.Johns.So ordered. Rezoning Cases: RZ-407 -Animal Husbandry Ordinance: Mr.Lung presented the Staff Recommendation for RZ-407 to the Planning Commission.The staff is recommending that the amendment,with some minor modifications,be adopted.Mr.Lung stated that the staff's report addressed the concerns expressed 'at the public hearing and in correspondence received during the 10-day comment period.Mr.Lung briefly reviewed the points discussed in the staff recommendation. Mr.Roulette stated that since the pUblic hearing,the County Attorney has reviewed and revised the proposed amendment.The revision includes the following:1)Deleted all reference to any operation new or existing inVOlving less than 50 animal units.The Ordinance,after revisions,will only effect new construction or conversion involving the capacity to house 50 or more animal units and expansion of existing operations to house an additional 50 or more animal units.Mr.Roulette stressed that the revised amendment pertains only to construction,expansion or conversion of the capacity to house animals,not the addition of animals.2)Operations falling under the requirements of the Ordinance would be required to submit a concept plan and waste management plan.A preliminary consultation with the reviewing agencies would be required along with Planning Commission review.3)The washington County/Soil Conservation District Animal Waste Management Plan was eliminated.A Waste Management Plan will be required based on the guidelines of the U.S.Department of AgriCUltural Soil Conservation Field Manual.4)The Soil Conservation District will serve only as an advisory agency to help applicants prepare Waste Management Plans.5)Existing operations will not be required to submit a Waste Management Plan as a result of a complaint.Complaints of this nature will be considered under the Board of Health provisions. 30 Dr.Johns had concerns regarding the proposed amendment.He feels that 1) the Ordinance is not based on facts.No evidence has been presented nor has research been done to document the problem Or the alternative solutions.2) It does not solve the odor problem on existing and proposed large scale hog farm operations.3)The Ordinance is confusing,technically flawed and lacks backing from the community.4)Manure is not a simple substance that should be discarded.Different types of manure require different handling methods and practices and has value to the farm community.5)This Ordinance does not solve the threat of groundwater contamination. After a discussion,Mr.Iseminger made a motion to table the recommendation on the proposed amendment until a workshop session can be held to discuss the revised amendment.This motion died for lack of a second. 31 Dr.Johns made a motion to recommend to proposed amendment of RZ-407 be denied. Roulette abstained.So ordered. Preliminary Consultations: Mid Atlantic Church of the Brethern: the County Commissioners that the Seconded by Ms.Acord.Mr. Mr.Lung presented the concept plan for the Mid Atlantic Church of the Brethern.The site is located south of Woburn Road near the Potomac River. The owners are proposing to construct a church camp consisting of a lodge, chapel,meeting house,various athletic fields,swimming pool,maintenance building,RV campground and a large primative camping area.During the preliminary consultation,the National Park Service stated that no direct access to the C &0 Canal will be permitted,however,they supported the general concept.No action was taken by the Commission. Norfolk Southern Corporation: Mr.Lung presented the concept plan for Norfolk Southern Corporation.The site is located along Route 632 near Oak Ridge Drive.The plan calls for the construction of a road railer facility to consist of one new railroad track in the middle of the existing railroad yard with an access road to Route 632,as well as a paved area for loading and unloading of the trailers and an office building.The site is split between the City and the County and will require approval from both agencies.This proposed development may have an impact on the intersection of Route 632 and Oak Ridge Drive.The State Highway Administration has requested a traffic impact study prior to site plan approval.Existing vegetative screening of the adjacent residential zoned land to the west appears to be adequate.No action was taken by the Commission. Cavender: The written preliminary consultation summary was presented to the Commission for its information with no verbal presentation made by the staff.No action was taken by the Commission. Forest Hills East: The written preliminary consultation swrunary was presented to the Commission for its information with no verbal presentation made by the staff.No action was taken by the Commission. Prospect Heritage: The written preliminary consultation summary was presented to the Commission for its information with no verbal presentation made by the staff.No action was taken by the Commission. Robert Railey: The written preliminary consultation summary was presented to the Commission for its information with no verbal presentation made by the staff.No action was taken by the Commission. CORRESPONDENCE: Letter from Barry Teach -Demolition Permits: Mr.Goodrich informed the Commission that the County Commissioners have a new review procedure for demolition permits.When a demolition permit is applied for,it's forwarded to the Planning Commission staff to review and determine if the building is listed on the Historic Sites Survey.If the building is listed,it will be forwarded to the Planning Commission and the Historic District Commission for its review.The Planning Commission and the Historic District Commission will make comments regarding the demolition and forward those comments to the Permits Office and the owner.If it is not listed on the Historic Sites Survey,the permit goes back to the Permits Office for issuance.This policy does not provide for approval or disapproval of the demolition permit by either the Planning commission or Historic District Commission.No action was taken by the Commission. UNFINISHED BUSINESS: Water and Sewer Study Group -Update: Mr.Brittain stated that in approximately one week,the Water and Sewer Study Committee will be presenting its proposal for a consultant's study on the future needs of water and sewer facilities within the Urban Growth Area to the County Commissioners and the City of Hagerstown for their review.lIe noted that he will keep the Commission informed of the results of this meeting.No action was taken by the Cormnission. Forestry Management Plan -Update: Mr.Goodrich informed the Commission that he has received a verbal approval from the Forest Park and Wildlife Service and the Department of Natural Resources on the development of Forestry Management Plans to control tree cutting in the Red Hill area as a part of the new Antietam Overlay Zone.No action was taken by the Commission. ADJOURNMENT : There being no further business,the meeting adjourned at 10:00 P.M. ,Chairman 32 WASHINGTON COUNTY PLANNING COMMISSION REGUlAR MEETING -MARCH 8,1989 The Washington County Planning Corrnnission held its Regular Meeting on March 8,1989 at 7:00 P.M.in the second floor conference room of the County Office Building.The regular meeting was rescheduled to March 8 due to bad weather conditions on March 6,1989. Present were:Chairman;Jack B.Byers,Vice-Chairman;Donald E.Zombro,Ex- Officio;Richard E.Roulette,Dr.Ray Johns,Bertrand L.Iseminger,Judith A.Acord,and Sidney Salitsky.Staff:Director;James P.Brittain,Senior Planner;Stephen T.Goodrich,Associate Planner;Lisa Kelly Pietro, Assistant Planner;John Gudmundson,Director of Planning and Review;Richard Parks,Director of Permits and Inspections;Paul Prodonovich,and Secretary; Janet L.King.Absent was Timothy A.Lung,Associate Planner. CALL TO ORDER: The meeting was called to order by the Chairman at 7:00 P.M. MINUTES: Mr.Iseminger made a motion to approve the minutes of the Workshop Meeting of February 6,1989 as presented.Seconded by Ms.Acord.So ordered. Mr.Iseminger stated that the minutes of the Regular MeetIng of February 6 ",hould be amended to read that he abstained from voting on the Ewing Oil site plan.Mr.Roulette made a motion to approve the minutes of the Regular Meeting of February 6,1989 as amended.Seconded by Ms.Acord.So ordered. NEW BUSINESS: Variances: Joseph Lawler: Mr.Gudmundson presented the variance request for Joseph Lawler.The site is located along Alternate Route 40 between Boonsboro and South Mountain. The variance is being requested from Section 405.2A which requires 500 feet between access points for a minor arterial roadway.The owner is proposing to reduce the access spacing to 158 feet from the closest access due to a topographic hardship.Mr.Lawler is proposing to create 4 residential lots to be served by one driveway.Each lot will have a 25 foot panhandle along Alternate Route 40.One road will be constructed down the center of the panhandle to serve the lots.Site distance is poor due to the 20 to 30% steep slopes.State Highway Administration feels that the proposed entrance location is adequate for sight distance but cannot approve 4 individual entrance locations along Alternate Route 40.The Commission asked Mr. Lawler if he were constructing the entrance to State standards.Mr.Lawler replied yes.He added that he will have a deed restriction stating that no further subdivision will be permitted and that S.H.A.will approve only one access location onto Alternate Route 40.Mr.Gudmundson said that the staff has concerns with the proposed development due to the steep grades.The staff feels there will be a major problem if emergency vehicles need to use the proposed entrance location.After a discussion,Mr.Iseminger made a motion to grant the variance request due to a topographic hardship. Seconded by Ms.Acord.So ordered.In addition the developer was informed that the Planning Commission would evaluate the proposed development when it is submitted.This review will be to determine if it would be appropriate to subdivide this parcel into four lots. John Rosenberry: Mr.Gudmundson presented the variance request for John Rosenberry.The site is located along the south side of Route 40 between Spickler and Rockdale Roads.The variance is being requested from Section 405.2A which requires 500 feet between access points on a minor arterial roadway.The owner is proposing to reduce the access spacing to 300 feet from the existing 33 access.Mr.Rosenberry is proposing to create two lots from his 78 acre tract and to leave a 50 foot access to serve the remaining lands.A dual access is being proposed to serve these two lots.Sight distance appears adequate.Mr.Gudmundson stated that the only problem with the concept is that the proposed dual access is not centered on the property line.The staff recommends that the concept be revised to show the dual access over the property line. Mr.Rob Holmes,consultant with Associated Engineering Sciences,said t.here is a high point to the west and the proposed entrance location increases sight distance.He stated the location of the new lot line as proposed is to provide a right-of-way to lot #1. After a discussion,Mr.Roulette made a motion to grant the variance based on a topographic hardship and with the condition that the lot lines be relocated to utilize a dual access.Seconded by Ms.Acord.So ordered. Fairway Meadows: Mr.Goodrich stated that a request has been received from Gerald Cump to waive the preliminary consultation requirement for Fairway Meadows.The reason for the request is due to a time constraint created by an agreement between Brightwood Acres property owners and the Washington Land Company which states that a connecting road from Londontowne Section B to Mt.Aetna Road be constructed by May 1,1989.The agreement also requires that a portion of Londontowne Section B is to be isolated from another portion that will connect Mt.Aetna Road. Mr.Goodrich stated that the preliminary consultation process takes approximately three weeks from the time the meeting is scheduled to the time the written sUIlnnary is completed. Mr.Iseminger made a motion to waive the preliminary consultation requirements for Fairway Meadows.Seconded by Mr.Zombro.So ordered. SUbdivisions: K &N Subdivision: Mrs.Pietro presented the preliminary and final sUbdivision plat for K &N Subdivision,lots 1 through 4.The site is located along the north side of Greensburg Road.The owner is proposing to sUbdivide 9 acres into 4 lots. Each lot will average approximately 2 acres in size and will be served by a private well and septic system.All agency approvals have been received. Mr.Zombro made a motion to grant approval for the preliminary and final plat.Seconded by Mr.Roulette.So ordered. Western Corrnnercial Funding: Mrs.Pietro presented the preliminary and final sUbdivision for Western Corrnnercial Funding,SectIon C -Lots 1 through 11.The site is located along the west and east sides of Mt.Lena Road and RepUblican Avenue.A preliminary consultation was held on this proposed development in 1988.The owner is proposing to subdivide 15.6 acres into 11 residential lots. Approximately 76 acres will be remaining.Proposed lots range in size from 1 to 1.5 acres.Each lot will be served by individual wells and septic systems.Access to the site will be via Mt.Lena Road.All agency approvals have been received.Mr.Salitsky made a motion to grant preliminary and final plat approval.Seconded by Mr.Zombro.So ordered. Cardinal Industries: Mr.Goodrich presented the preliminary and final plat and site plan for Cardinal Industries.The site is located on the east side of Massey Boulevard directly across from the Valley Mall and adjacent to the Knights Inn.The site is currently zoned BG.The owner is proposing to subdivide 1.3 acres from the Knights Inn property to construct the Stover Hearth and Patio furniture store.A 10,000 square foot building is proposed with 26 parking spaces.Adequate landscaping is provided.Individual entrance and exit locations onto Massey Boulevard are proposed to be located as close to 34 opposite those utilized by the Valley Mall.A portion of the median will be removed for a left turn lane.The site will be served by public water and sewer.All agency approvals have been received in writing except for the Sanitary District and the Health Department. There is no sewer allocation available in the Halfway subdistrict for this development at this time.When the Knights Inn was constructed,an excess of allocation was granted to them.Mr.Stover is requesting that the Sanitary District transfer the excess allocation from the Knights Inn site to this proposed site.An agreement needs to be worked out with the Sanitary District for this transfer.Mr.Paul Holbrook from Davis,Renn and Associates;said that based on the Sanitary District's requirements,a transfer in allocation is not permitted.The allocation granted to the Knights Inn can be reevaluated and if it is determined it's not necessary for this total amount of allocation for the Knights Inn site,it can be freed and allocation can be available for this proposed site. Mr.Roulette made a motion to grant preliminary and final plat and site plan approval conditional on the Sanitary District granting sewer allocation for the site.Seconded by Mr.Salitsky.So ordered •.Mr.Iseminger abstained. Interstate Cold Storage: Mrs.Pietro presented the preliminary and final plat and site plan for the Washington County Industrial Foundation (Interstate Cold Storage).The site is located along Elliott Parkway in the 70/81 Industrial Park.The site is zoned IG.The owner is proposing to construct a 240,000 square foot building to be used as a cold storage warehouse on approximately 14 acres. The proposed entrance will be off of Elliott Parkway.The site will be served by public water and sewer.Delivery service will consist of 10 trucks and two trains per day.Landscaping is provided at the front of the proposed building and along the western property line.The dumpster is to be located along the eastern property line.A variance will be needed from the Board of Appeals to reduce the required 50 foot side yard setback requirement to 25 feet along the eastern property line.All agency approvals have been received.Mr.Zombro made a motion to grant preliminary and final plat and site plan approval conditional on the variance being approved from the Board of Zoning Appeals.Seconded by Ms.Acord.So ordered.Mr.Iseminger abstained. Site Plans: Cumberland Valley Fabricators: Mrs.Pietro presented the site plan for Cumberland Valley Fabricators located in the Earley Industrial Park along the Sharpsburg Pike.The site is zoned IG.The owner is proposing to construct a 60 x 200 foot building to be used as a steel fabricating plant on approximately 5 acres.The site will be served by public water and an individual septic system.The main entrance to the site will be off of Earley Drive with a truck entrance off of Leslie Drive.Landscaping is provided to the front of the proposed building.All agency approvals have been received.A storage area will be located to the side of the building.After a discussion regarding screening around the storage area,Mr.Iseminger made a motion to grant site plan approval with the condition that screening be added around the storage area.Seconded by Mr.Roulette.So ordered. Preliminary Consultations: Ravenswood Heights: Mrs.Pietro presented the concept plan for Ravenswood Heights.The site is located south of Hagerstown and west of Funkstown on Oak Ridge Drive.The owner is proposing to subdivide 107 residential lots with the proposed entrance location off of Oak Ridge Drive.No entrances are proposed onto Route 40.The site will be served by public water and sewer.During the 1970's a study was conducted (Vorhees Study)and as a result of this study, a Funkstown By-pass was proposed.One of the alternate by-pass routes would be to connect Oak Ridge Drive to Edgewood Drive.This proposed by-pass would effect this proposed development. 35 The Funkstown By-pass is shown on the adopted Highway Plan and is classified as a major collector roadway.During the consultation,the County Engineer stated that the County Commissioners must determine if this area should be reserved for this by-pass. Several members of the Funkstown Planning Corrnnission had concerns with an increase in traffic through the Town and the development that is occurring in the surrounding areas.They stated that they are in favor of the by-pass and feel that it would alleviate much of the existing traffic problem. Mr.Roulette said that the County Commissioners have not discussed whether the subject area should be reserved for a proposed by-pass. No action was taken by the Commission. Correspondence: Letter from Donna Ford: The Planning Corrnnission acknowledged receipt of a letter from Donna Ford regarding a field visit to a methane digester facility in Lancaster, Pennsylvania.No action was taken by the Commission at this time,it will be determined if the Corrnnission will be visiting the said site during the discussion of the Anunal Husbandry Ordinance. Other Business: Forestry Management Plan: Mr.Goodrich informed the Planning Corrnnission that he contacted the Maryland Forest,Park and Wildlife Service (F.P.W.S.)requesting their assistance in preparing the Forestry Management Plans required by the proposed "AO-3"zone to regulate tree cutting in the Red Hill area.Mr.Robert Webster with the F.P.W.S.responded in writing that his department is willing to assist the County in preparing these plans to preserve the Battlefield viewshed and to encourage a healthy tree cover in the Red Hill area.Mr.Webster suggested some minor modifications to the text of the Antietam Overlay Zone to include a registered professional forester to develop the management plans in addition to F.P.W.S.personnel.They feel that this will increase the number of people that can develop the plan and free the F.P.W.S.to continue its effort with other projects.Mr.Goodrich stated that a motion is needed by the Commission to add to the previous recommendation that the suggested modifications be added to the Ordinance.The County Attorney should be notified to determine if these modifications will change the intent of the Ordinance. Mr.Howard Corcoran stated that he has concerns with the proposed overlay zone.He feels that citizens of southern Washington County should be given an opportunity to discuss alternatives for land preservation methods to provide more protection for the Battlefield before the County Commissioners make its final decision.Mr.Byers informed Mr.Corcoran that the Planning Corrnnission has already recommended the Overlay Zone be adopted and that these concerns should be discussed with the County Commissioners. Dr.Johns said he felt that the forestry management plans should not involve the cutting of individual trees.He feels it should be based on a specific number of trees that can be cut.Dr.Johns feels that the Commission should be able to review one of the management plan before accepting the services of the F.P.W.S.He added that he is not opposed to the objectives of the Forestery Management Plan,but feels the County Corrnnissioners will have a difficult time enforcing the plan. Mr.Goodrich stated that the staff has not seen a forestry management plan but discussed its contents with a registered forester.The intention of the forestry management plan is to protect a healthy tree cover.The forester will determine when trees need to be removed,i.e.diseased trees will be recorrnnend to be removed and replaced with a healthy tree.After a 36 discussion,Dr.Johns made a motion to recommend to the County Commissioners that they review a management plan that will be prepared by the Forest,Park and Wildlife Service,clarify the appeals process as stated in the ordinance,a registered professional forester be allowed to develop the management plans in addition to Forest,Park and Wildlife Service personnel, and to consider alternatives to protect the Battlefield viewshed for the AO- 3 zone.Seconded by Mr.Iseminger.So ordered. Mr.Iseminger also made a motion that the Planning Commission inform the County Commissioners that the F.P.W.S.has completed the fonnal agreement to assist in preparing the forestry management plan for the Red Hill area. This was a condition of the Planning Commission's previous recommendation regarding the implementation of the proposed Zoning Ordinance text amendment.Seconded by Mr.Salitsky.So ordered. Animal Husbandry Ordinance: Mr.Brittain informed the Commission that another public hearing will be held to discuss the revised Animal Husbandry Ordinane.The Planning Commission should make any revisions to the proposed Ordinance prior to the next public hearing.The County Commissioners have also requested that the Planning Commission consider the concept of a special exception for certain operations. Mr.Roulette added that the majority of the County Commissioners think that a special exception requirement for certain size operations should be incorporated in with the Animal Husbandry Ordinance.The County Commissioners could not reach a consensus as to the minimum size of an operation when the special exception would take effect.Mr.Roulette commented that the Ad Hoc Committee opposses the special exception concept. The County Commissioners have requested that the Planning Commission should review the special exception concept and develop the proper wording to be presented at a public hearing. Considerable discussion occured between members of the Planning Commission and numerous citizens who were in attendance. Mrs.Donna Ford stated that the proposed waste management plan is inappropriate,that no facts have been stated to prove that a ground water pollution problem exists,that environmental issues should not be addressed in the Zoning Ordinance,and that there is no need for nutrient management. Mr.Don Swartz,Extension Agent for Washington County,stated that the purpose of the plan is to minimize odor and provide a means for nutrient management,implementation of this Ordinance will have long term benefits in reducing the possibility of ground water pollution and that state and federal regulations will eventually attack these issues.Mr.Swartz stated that he thinks a special exception is redundent and that the real problem is the County's policy of allowing unlimited development and unlimited agriculture in the same zoning district. Mr.John Herbst,a local farmer,stated that the County needs to determine where large scale operations are located and that the proposed ordinance addresses the odor problem and provides flexibility in the handling and utilization of animal wastes. Mr.Jim Harp,also a local farmer,stated that agriculture must be able to expand and intensify in order to survive and that the ordinance addresses the odor problem.Mr.Harp stated that he would be oppossed to a special exception requiring a public hearing. Dr.Johns stated that he does not like the minimum acreage requirements proposed with the special exception.Concerning waste management,he thought that a positive approach should be taken to encourage the use of new technology.Dr.Johns had no disagreement with the proposed ordinance except that it should take effect at 100 animal units,not 50 and that cattle should also be included. Mr.Byers said that the Planning Commission has been invited to visit a methane digester facility in Pennsylvania.By consensus,the Commission indicated they would be interested in visiting the facility prior to the next public hearing. 37 After a discussion,by consensus,the Planning Commission tabled action on a recommendation to the County Commissioners concering the revised ordinance and special exception until a workshop meeting can be held to further discuss the issues.So ordered. Potomac Edison Development Plan: Mr.Goodrich informed the Commission that Potomac Edison has submitted an application to rezone 196 acres on the Downsville Pike from Agriculture to Planned Industrial.The text of the PI district states that the Planning Commission must approve the development plan prior to the rezoning hearing. Mr.Goodrich distributed copies of a revised plan that PE submitted to show just one way that the tract of land could be developed.Dr.Johns made a motion to grant tentative approval for the Potomac Edison Friendship Park concept plan.Seconded by Mr.Roulette.So ordered.Mr.Iseminger abstained. Preliminary Consultations: George Churchey: Mrs.Pietro informed the Commission that the concept plan for George Churchey was withdrawn by request from the consultant so further study can occur before bringing the plan to the Commission in April. Rick Willis: Mrs.Pietro presented the concept plan for Rick Willis.The site is located at the intersection of Mills Road and Harpers Ferry Road.A preliminary consultation was previously held in June of 1988.The Commission recommended the approval of 4 lots.Before any additional lots could be subdivided,a revised plan had to be submitted to the Planning Commission. The consultation was held in February,1989 for a total of 20 lots, excluding the previously approved 4 lots.Approximately 24 acres is renaining.The proposed lots range in size from 2.5 acres to 15.6 acres. The lots to the rear of the site will be served by a 25 foot panhandle from Mills Road.The previous concept showed the development of 40 lots with 30 panhandles.The revised plan calls for 20 residential lots wid,12 panhandles including the one to serve the remaining lands.The County Engineer had no problems with the revised plan. Several residents of the area expressed concern with the additional traffic that will be generated from this development and the water problems. Dr.Johns stated that the Commission should discourage poor designs of development and the stacking of lots to the rear of the site.There should be an adequate entrance location to serve ilie property and if ilie lots to the rear are to be developed,a public street system should be constructed. Mr.Byers stated that when the first plan was presented to the Commission, it was recommended to scale down the number of panhandles.He added that the Subdivision Ordinance has no requirements on the number of panhandles that can be constructed for proposed developments.No action was taken by the Commission. Other Business: Demolition Permits: Mr.Goodrich reminded the Commission that during the February meeting,he informed them of the policy tl<e County Commissioners adopted regarding demolition permits.Several permit applications have been received and two of the sites are located on the Historic Sites Survey.1.)Site is located in Sandy Hook.This site was involved in a fire that destroyed the entire structure.The need for a denalition permit is moot.2.)Site is located along the east side of Antietam Drive.The Historic District Commission feels tl<at this dwelling is worth saving.They are going to contact the owner to see i.f they are interested in selling the property so it can be 39 preserved or the Maryland Historic Trust will be notified to see if funds are available to restore the building.Mr.Goodrich said that if after 60 days frOIIl the time the permit has been applied for,the demolition permit must be issued if no action has been taken by the Historic District Connnission or the Planning Connnission.No action was taken by the Connnlssion.Mr.Goodrich statd that the Planning Connnission and the Historic District Connnission must review these permits within 60 days of application or forfeit the opportunity to canment. Smithsburg Annexation: Mr.Goodrich stated that a notice has been received from the Town of Smithsburg to annex the property located at the intersection of Route 64 and Route 77.The property is currently zoned Conservation.The Town of Smithsburg will apply the zoning classification of Town Residential if the property is annexed.Conservation and Town Residential permits the same types of development considering the parcel size.No action was taken by the Connnission. Park View Meadows: Mrs.Pietro informed the Connnission that since the consultation was held for Park View Meadows,a letter was received frOIIl the S.H.A.requesting a traffic study for the intersection of Bower and Virginia Avenues.After a discussion regarding a proposed signal at this intersection.Mr.Iseminger made a motion to reconnnend to the developer to have the traffic study prepared.Seconded by Mr.Roulette.So ordered. Unfinished Business: Revived Urban Growth Area: Mr.Brittain informed the Connnission that a meeting was held on Februsry 14, 1989 to discuss the proposed comprehensive rezoning along the Eastern Boulevard corridor,connnon Highway Interchange areas relating to the HI Study,and the need to expand the data base for the Urban Growth Area.No action was taken by the Connnission. Department of State Planning: Mr.Goodrich informed the Connnission that he was contacted by the Department of State Planning regarding a meeting involving the Maryland Citizens Planners Association.The MCPA is organizing its yearly meeting for Western Maryland counties to consist of a discussion on the change or mistake rule for rezoning cases.No action was taken by the Connnission. Workshop Meeting for Animal Husbandry Ordinance: A workshop meeting will be held on Thursday,March 23,1989 at 11:00 A.M.in the third floor conference room of the County Office Building to further discuss the revised Animal Husbandry Ordinance and the proposed special exception concept. Adjournment: There being no further business,the meeting adjourned at 11 :00 P.M. Executive Session innnediately followed the regular meeting. ~(l//d t ...Jack B.'B / /Y s,Chairm .an // 39 WASHINGTON COUNTY PIANNING COMMISSION WORKSHOP MEETING -MARCH 23,1989 The Washington County Planning Commission held a workshop meeting on Thursday,March 23,1989 at 11 :00 A.M.in the third floor conference room of the County Office Building.The meeting was held to discuss the revised Ordinance and the Special Exception concept for the Animal Husbandry Ordinance prior to County Commissioners taking it to public hearing.The Planning Commission also used the workshop meeting to discuss additional work items as set forth in the minutes that follow. Members present:Chainnan;Jack B.Byers,Vice-Chainnan;Donald E.Zombor, Ex-Officio;Richard E.Roulette,Dr.Ray Johns,Judith A.Acord,and Bertrand L.Iseminger.Staff:Director;James P.Brittain,Senior Planner; Stephen T.Goodrich,Associate Planners;Timothy A.Lung and Lisa Kelly Pietro,Director of Planning and Review;Richard Parks,and Secretary,Janet L.King.Absent was Sidney Salitsky. CALL TO ORDER: The meeting was called to order by the Chairman at 11 :00 A.M. MD Citizens Planners ~ssociation Annual Meeting: Mr.Brittain informed the Commission that the annual Maryland Citizen Planners Association meeting will be held on April 18,1989 at the South Mountain Inn to begin at 7:30 P.M.The speaker will discuss the 'Change or Mistake'rule for rezoning cases.Registration needs to be made in advance at a cost of $21.50 per person.After a discussion,all Commission members except Mr.Byers indicated they would be able to attend. Field Trip and \Jorkshop: A field trip and workshop session will be held on April 6,1989 at 9:00 A.M. to visit the sites of the rezoning cases that were heard in public hearing on March 13.A workshop meeting will follow immediately to formulate recommendations to be forwarded to the County Commissioners on these cases. MD Department of State Planning: Mr.Brittain said that he received a telephone call from Mrs.Gray with the Department of State Planning.She is putting a slide presentation on the Antietam Battlefield preservation effort pertaining to the work accomplished by the South County Citizens Advisory Committee and would like to take a picture of the Planning Commission to be included in this presentation. After a discussion,the Commission requested the picture be scheduled for a regular or workshop meeting. Animal Husbandry Ordinance: Mr.Byers said that the Planning Commission needs to determine if revisions are needed on the revised Ordinance and if the Special Exception concept is to be developed prior to taking this to public hearing. Mr.Roulette said that the Animal Husbandry Ordinance is in the form that it will be taken to public hearing.However,if the Planning Commission determines that the Special Exception concept should go to public hearing as well,language needs to be developed.The majority of the County Commissioners feel that the Special Exception should be adopted but at this point have not determined the number of animal units for When it would be placed into effect.Some of the County Commissioners feel that all hog and poultry operations should fall into the Special Exception category.Mr. Roulette said the reason behind the Special Exception concept is so further regulations will take effect on top of What is permitted in the Ordinance. L}O Dr.Johns feels the Special Exception concept is inappropriate. that the Planning Commission can establish greater control with screening When the site plan is submitted for approval. He feels setbacks and Mr.Roulette said that if the Commission feels that the Special Exception concept is inappropriate,they could recommend to the Commissioners that the revised Ordinance be adopted and put into effect with the stipulation that if,in the future,the Special Exception concept could be applied if the Ordinance is not working. Mr.Ltmg added that the Planning Commission could recommend to the Commissioners that the Special Exception concept could take effect above a certain number of animal units or when the large scale operation is adjacent to a residential area. After a discussion,the Commission made some revisions to the revised Ordinance as follows:1)Changed Section 22.91,paragraph C to clarify the purpose of the Ordinance to minimize odor,2)revised Section 22.95, paragraph A to clarify the requirements for sufficient acreage to utilize animal waste to be applied to the soil,and 3)recommended some minor grammatical changes in various sections of the revised Ordinance. Mr.Iseminger made a motion to recommend to the County Commissioners that the Ordinance,as revised per the Planning Commission,be taken to public hearing.Seconded by Mr.Zombro.So ordered.Mr.Roulette abstained. Dr.Johns made a motion to recommend to the County Commissioners that the Special Exception concept be put on hold to determine how the Ordinance will operate and if,in the future,the Special Exception concept may take effect if needed,and if necessary to refer for further study to the Urban Growth Area Committee for application in the Growth Area.Seconded by Mr.Zombro. So ordered.Mr.Roulette abstained. Mr.Roulette added that the Commissioners may still take the Special Exception concept to public hearing and if so,the Planning staff will need to develop the language. Funkstown By-Pass: Mr.Brittain informed the Commission that since the March regular meeting, he met with the County Engineer to workout possible alignments for the FUnkstown By-pass.He stated that the Planning Commission needs to determine if this proposed by-pass is a feasible concept worth supporting and informing the County Commissioners of their opinion.After a discussion,Dr.Johns made a motion to recommend in principle that the Planning Commission support a Funkstown by-pass concept.Seconded by Mr. Zombro.So ordered. Forestry Management Plan: Mr.Goodrich stated that he received copies of a proposed Forestry Management Plan from the Department of Natural Resources and distributed copies to the Commission for its review.It was determined that a discussion on the proposed plan may be brought to the floor during the April regular meeting if the Commission has any questions or comments regarding the proposed Plan prior to it being forwarded to the County Commissioners. ADJOURNMENT : There being no further business,the meeting adjourned at 12:30 P.M. 41 ~. // U .airman WASHINGTON COUNTY PLANNING COMMISSION April 3,1989 -Regular Meeting Washington County Planning Commission held its regular meeting on April 3, 1989 at 7:00 P.M.in the second floor conference room of the County Office Building.. Present were:Chairman,Jack B.Byers;Vice-Chainnan,Donald E.Zombro;Ex- Officio,Richard E.Roulette;Dr.Ray Johns,Bertrand L.Iseminger,Judith A.Acord and Sidney Salitsky.Staff:Director,James P.Brittain;Senior Planner,Stephen T.Goodrich;Associate Planners,Timothy A.Lung and Lisa Kelly Pietro;Assistant Planner,John Gudmundson;Director of Planning and Review,Richard Parks;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.Byers said that on page 5,the 7th paragraph,the word attack is spelled incorrectly.Mr.Iseminger said that the 2nd paragraph on page 5 should say 'Seconded by Mr.Saltisky'.Mr.Isminger made a motion to approve the minutes of the March 6,1989 Regular Meeting as amended.Seconded by Mr. Roulette.So ordered. Mr.Zombro made a motion to approve the minutes of the March 23,1989 Special Workshop Meeting as presented.Seconded by Dr.Johns.So ordered. UNFINISHED BUSINESS: Park View Meadows: Mr.Brittain informed the Commission that Associated Engineering Sciences would like to discuss the proposed plans for the traffic study for Park View Meadows and to receive connnents from the Commission regarindg the study. Mr.Rodney Tissue with Associated Engineering Sciences stated that he needs clarification from the Commission for the traffic study as to which intersection(s)should be studied.Mr.Iseminger stated that the Route 11 - Bower Avenue intersection should be studied with the possible consideration of a traffic light.Mr.Brittain added that the study will determine if the existing and proposed traffic that will be generated by this development will have an impact on the area to require the light.He said that since Route 11 is a State roadway,the State Highway Administration will have to determine if the light is needed. By consensus,the Connnission determined that the Route 11 -Bower Avenue intersection should be studied with the possible consideration of adding a traffic light at this intersection. NE.'W BUS INESS : Variance and Preliminary Consultation: Paradise Mennonite School: Mrs.Pietro presented the variance request and the preliminary consultation for the Paradise Mennonite School.The site is located in the northwest quadrant of the intersection of Route 63 and 1-70.Mr.Martin is proposing to subdivide 5 acres from his 6.5 acre tract for the construction of a school.Remaining lands consist of 1.8 acres and 1.5 acres.There is an existing one-story building,residence and barn on the remaining lands.The access to the school will be via a lane over the Martin property.The proposed school will not have access onto a public road.The variance is being requested from Section 405.11(b)of the Subdivision Ordinance which requires that all new lots have 25 feet of public road frontage. 42 A preliminary consultation was held in March to discuss the construction of the proposed school.The school will consist of grades 1 through 10 and will have approximately 120 students attending.The proposed parking area meets minimum zoning criteria.A 30 foot entrance going back to the site has an approved State Highway Administration access permit.A variance is needed from the Board of Zoning Appeals for the reduction in lot size. According to the requirements of the Zoning Ordinance,the school must be constructed on 17.5 acres and it will be constructed only on 5 acres. After a discussion regarding whether or not the developer needs to construct an 18 foot paved blacktop surface going back to the school,Dr.Johns made a motion to grant the variance based on a hardship that would result from strict compliance to the Ordinance since access to a public roadway would be impossible.Seconded by Mr.Zombro.So ordered. Mr.Roulette stated that the Commission should inform the developer at this time if an 18 foot paved surface is required due to safety purposes in case of an emergency.After a discussion,by consensus,the developer will need to construct an 18 foot paved blacktop surface back to the proposed sChool. Mr.Iseminger suggested that the developer provided additional parking spaces for visitor parking.Mr.Tissue said that a revised plan is ready for submittal to show the additional parking areas. Subdivisions: Western Commercial Funding: Mr.Gudmundson presented the preliminary and final subdivision plat for Western Commercial Funding,Section A.The site is located along the east side of Mt.Lena Road.This subdivision will create lots 4,5,and 6;lots 1 through 3 were previously approved.Proposed lots 4 and 5 will consist of 2.5 acres each and lot 6 will consist of 5 acres.The three lots will be served by private wells and septic systems.Mr.Gudmundson stated that Mt. Lena Road is classified as a local road by the County's Highway Plan.He added that during the re-nunlbering of the Smithsburg area,Mt.Lena Road will be changed to Crystal Falls Drive due to road name duplication.All final agency approvals have been received with the exception of only a verbal approval from the Health Department.Mr.Roulette made a motion to grant preliminary and final plat approval.Seconded by Mr.Iseminger.So ordered. Ambervest,Inc.: Mrs.Pietro presented the preliminary and final subdivision plat for Ambervest,Inc.,lots 1 through 3.The site is located along the west side of Resh Road and is zoned Agricultural.The owner is proposing to subdivide 3.5 acres into three lots.Lot 1 has an exist ing dwell ing and shed.Lot 2 is being proposed for a single-family dwelling and lot 3 is being proposed for a duplex.A private driveway will serve lot 2 which will be conveyed to an immediate family member.The proposed subdivision will be served by public water and individual septic systems.All agency approvals have been received.Mr.Zombro made a motion to grant preliminary and final plat approval.Seconded by Ms.Acord.So ordered. Hill-n-Dale Acres: Mrs.Pietro presented the preliminary and final subdivision plat for Hill-n- Dale Acres,lots 13 through 18.The site is located along the west side of Resh Road and is zoned Agricultural.A preliminary consultation was held in December,1988.The owner is proposing to subdivide 6 acres from his 41 acre tract to create six residential lots.The proposed lots will range in size from .6 acres to 1.5 acres.Access to these lots will be via Resh Road.The lots will be served by public water and individual septic systems.All agency approvals have been received.Mr.Iseminger made a motion to recommend preliminary and final plat approval.Seconded by Mr. Zombro.So ordered. 43 Fairway Meadows: Mr.Goodrich presented the subdivision plat for Fairway Meadows,Section A, lots 1 through 20.The site is located along the south side of Mt.Aetna Road,just west of the Black Rock Golf Course and the Washington County Regional Park.Mr.Goodrich added that during the March meeting,the Commission granted a waiver from the preliminary consultation requirements. The developer is proposing to create 20 single-family lots approximately .5 acres in size.The proposed lots will be served by public water and sewer. A new road will be constructed from existing Fairway Boulevard to Mt.Aetna Road.This road name must be changed due to a name duplication.The developer has no problem with changing the road name.This land is presently owned by the County and will be conveyed to Mr.Sheedy in exchange for a similar piece adjacent to another area of the park.He stated that this plan will not be approved until Mr.Sheedy owns the property and can sign the owner's statement on the plan.All written agency approvals have been received with the exception of a verbal approval from the Health Department.Mr.Iseminger made a motion to grant preliminary and final plat approval with the condition that the developer changes the road name on the plan and that the Planning staff receives a copy of the plan with the owner's signature on it.Seconded by Ms.Acord.So ordered. Jack Merritt: Mrs.Pietro presented the preliminary and final subdivision plat for Jack Merritt,lots 1 through 7.The site is located along the south side of Garretts Mill Road.The owner is proposing to sUbdivide 55 acres from his 183 acre tract to create seven residential lots.The proposed lots will range in size from 3 acres to 27 acres.Access to the lots will be off of Garretts Mill Road.The seven lots will be served by individual wells and septic systems.All agency approvals have been received.Mr.Zombro made a motion to grant preliminary and final subdivision approval.Seconded by Ms. Acord.So ordered. Potomac Estates: Mrs.Pietro presented the preliminary subdivision plat for Potomac Estates, lots 1 through 14.The subject site is located along the north side of Route 68.The owner is proposing to create 14 residential lots on 19 acres.A total of 16 acres is remaining.Access to these lots is off of a new public street system to be called Aqueduct Lane and Lock Tender Lane. The lots will be served by individual wells and septic systems •.A site grading plan will be required for the final plat.All agency approvals have been received except for the State Highway Administration.The S.H.A. requested some minor revisions.These revisions have been made but the staff has not received any comments from the State Highway Administration. Mr.Iseminger made a motion to grant preliminary plat approval with the condition that the approval is received from the State Highway Administration.Seconded by Dr.Johns.So ordered. Scenic View Estates: Mr.Goodrich presented the preliminary subdivision plat for Scenic View Estates,lots 8 through 22.The site is located in the southwest quadrant of the intersection of Alternate Route 40 and Mill Point Road.A preliminary consultation was held in 1987 for the entire development owned by Robert Holder.Lots 1 through 7 were approved in 1988.The owner is proposing to create lots 8 through 22 for residential use.The proposed 15 lots will range in size from 1 acre to 3.5 acres.Access to these lots will be by a new County road to be called Scenic View Court.This road will be 1,200 feet long.Each lot will be served by a private well and septic system.All final agency approvals have been received except for the State Highway Administration.The S.H.A.requested revisions to the plan to include an accel/decel lane and a 550 foot by-pass lane. 44 Mr.Goodrich said that during the preliminary consultation in 1987 and when the first seven lots were approved,the Boonsboro Planning Commission expressed concern and opposition to this proposed development.They felt that the Planning Commission should deny this request since the site is located outside the established Town Growth Area for Boonsboro.He added that the Boonsboro Planning Commission is expressing the same concern at this time and written corrnnents are forthcoming. Mrs.Donna Ford,a resident of the area,expressed concern regarding the historic stone wall that is parallel with Alternate Route 40.She feels that this wall should remain and be preserved.Mr.Fred Frederick, consultant,added that this stone wall will remain on the site.He said that the portion of the wall that needs to be removed to build Scenic View Drive will be reconstructed along both sides of the new street. Mr.Iseminger made a motion to grant preliminary plat approval with the condition that approval is received from the State Highway Administration and that the developer reconstruct any existing stonewall that is removed during construction of Scenic View Drive.Seconded by Mr.Zombro.So ordered. Maugans Meadows: Mrs.Pietro presented the preliminary subdivision plat for Maugans Meadows. The site is located along the west side of Maugansville Road,just south of the Garden Spot subdivision.The owner is proposing to create 125 residential lots on 90 acres.The minimum lot size is 20,000 square feet. The site will be served by public water and sewer.A total of 5 new public streets will be constructed to serve this development.The County Engineer has approved the preliminary plat with the condition that the final plat and roadway drawings include the revisions specified in a letter to the consultant.Water Pollution Control has stated that allocation is available to the site but on a first come,first serve basis.Mrs.Pietro stated that a .5 acre strip would be remaining.The staff recommended that a note be added to the plat stating that any conveyance of this strip is to be reviewed and approved by the Planning Corrnnission. Mr.Iseminger expressed concern on the length of the cul-de-sac.He feels that a street connection should be considered into the adjacent lands.Mr. Fred Frederick,engineering consultant,said that he suggested to the County Engineer that a road be permitted to connect with the Garden Spot complex. The County Engineer has a policy that all subdivisions should stand on their own merit and should not interconnect.Mr.Iseminger suggested that the staff meet with Glenn to discuss alternatives for a connection into the adjacent lands. After a discussion,Mr.Iseminger made a motion to grant preliminary plat approval with the condition that the County Engineer review the possibility of a connection into the adjacent lands.Seconded by Ms.Acord.So ordered. Antietam Manor: Mrs.Pietro presented the re-allottment of lots 17, 18,19,20,and 21 for Antietam Manor.The site is located along the Sharpsburg Pike,just south of Tilghmanton.Lot lines are being adjusted from those shown on the previously approved plat in 1979. Lot 21 will be enlarged to include the stonnwater management area•.wts 17 and 18 will now have access onto Abbott Drive.Lots 1 and 22 previously had frontage onto Abbott Drive but will now be landlocked.The property owner's of these two lots are objecting to the proposed re-allottment due to the landlocked situation. Mr.Fred Frederick,consultant for Mr.Abbott,stated that he spoke with his client and a possible agreement may be worked out between the property owners and himself.He added that he would like to withdraw this subdivision plat from this meeting.Mr.Byers stated that the Corrnnission could not act on this proposal until an agreement is worked out between the developer and the property owners. 45 Mr.Claire Baker,attorney for Mr.Zafaroni,owner of lot 111,stated that his client owns two lots in this development.One lot has an existing dwelling and the other is unimproved.He noted that the re-allottment would landlock the undeveloped parcel.Mr.Baker stated that he has no problem if the subdivision plat is withdrawn at this time. By consensus,the Connnission agreed that this subdivision plat should be withdrawn and resubmitted once an agreement has been reached between the developer and the property owners of Antietam Manor,lots 1 and 22.So ordered. Site Plan: 4-Bay Carwash/Dawson Moser: Mr.Goodrich presented the site plan for the 4-Bay Carwash to be located along the west side of Route 65,just north of 1-70.Mr.Moser is proposing to construct a 4-bay carwash to be directly behind the American Convenience Store.The staff recommended the addition of directional markings on the pavement should be indicated on the site plan due to the narrow access lane.Public water and sewer will serve the site and landscaping will be in conjunction with the American Convenience Store.The property to the rear of the site has an existing dwelling which is in no condition to be occupied.Since this site is zoned Highway Interchange,a 75 foot buffer would be required as screening.Mr.Goodrich said that the owner of the dwelling was contacted and it has been detennined that the dwelling will be razed thus removing the 75 foot buffer requirement.The staff is requesting -approval conditional on the dwelling being razed.Dr.Johns made a motion to grant conditional site plan approval.Seconded by Mr.Salitsky.So ordered. Preliminary Consultation: John R.Oliver Company: Mr.Lung presented the concept plan for the John R.Oliver Company -PUD. The site is located along the Leitersburg Pike and is currently zoned Agricultural.The owner is proposing to create 95 single-family lots and 38 townhouse lots on 49 acres under the PUD standards.The site will be served by public water and sewer.The County's Water and Sewerage Plan classifies this site as W-3,S-5 meaning water may be available to the site within a 5 year period and sewer service may be available within a 5 to 10 year period.The majority of the proposed open space is located within a floodplain which can be used as passive recreational areas but not play lots.The proposed open space does not meet the 25%minimum.For safety reasons,the proposed play lot location should be moved.Mr.Lung stated that this site appears to be well suited for a PUD since it's located wi thin the Urban Growth Area and public facilities are programmed for the area, however,but the developer was encouraged to use more creativity in designing the PUD.Mr.Lung stated that the Planning Connnission should review the proposed plan and make any suggestions they feel are necessary to the developer before the PUD is taken to public hearing.During the preliminary consultation,the Longmeadow Fire Company suggested a second entrance location onto Route 60 for safety reasons.Dr.Johns said he feels a second entrance would be desirable and suggested that the developer redsign the layout of the different housing types and open space so as to encourage a sense of neighborhood within the PUD.He also stated that the play lots should be located in an area so children would not have to cross a roadway.Mr.Iseminger suggested that the developer consider clustering the townhouses with only one entrance location and a common parking area to serve the site and to use the remaining area for play lots.After a discussion,by consensus,the Commission would like to see the plan revised prior to going to public hearing. College Heights: Mr.Lung stated that a preliminary consultation was held in March for this site which is part of the Youngstoun PUD.The site is located along Robinwood Drive.The proposed plan consists of the development of 7 -12 unit apartment buildings on 9 acres for a total of 84 apartment units.He added that the developer requested the agencies to also review a proposed 46 plan for 3 -12 unit apartment buildings for a total of 36 apartment units on an adjacent tract.Mr.Lung stated that during the consultation the developer stated that a church is being proposed on the remaining lands. There were no major problems expressed by the reviewing agencies during the consultation.Mr.Lung informed the Connnission that they must determine if this proposed plan has changed significantly from the previous plan to warrant another public hearing.He said that the previous plan consisted of 20 quadraplexes for a total of 80 units.He added that the changes to the concept are:the addition of the church and the change from quadraplexes to apartments.The total density is approximately the same.After a discussion,by consensus,the Connnission concluded that there has been no significant change in the plan to warrant it being taken to another public hearing.Mr.lseminger abstained.So ordered. Cardinal/Sharpsburg Project: Mr.Lung presented the concept plan for the Cardinal/Sharpsburg Project located along the east side of the Sharpsburg Pike.The owners are proposing to construct 120 apartment units on 12 acres,zoned Highway Interchange.A private street system is proposed with off-stret parking. Public water and sewer will serve the site.During the consultation,the State Highway Administration expressed concerns on the entrance location. They feel it may have to be relocated to the north to obtain adequate sight distance.Possible additional right-of-way may be required for upgrading to the Sharpsburg Pike.Since the property is zoned Highway Interchange,a 75 foot buffer is required along all property lines that are adjacent to an 'R' district or dwelling.Variances will be necessary from the Board of Zoning i).ppeals for the reduction of setbacks and the buffer requirements in order to develop the site as proposed. Dr.Johns feels that the developer should remove the apartment units along the front of Sharpsburg Pike to allow for proper access and buffer yards. The developer stated tllat since the proposed units are one-story,the units to the front of the site are important for marketing purposes. A resident of the area stated that he has no problem with the proposed development but expressed concern regarding traffic problems in the area. Mr.Paul Prodonovich,Director of Permits and Inspections,said that the design of the parking area and the street system does not comply with the design criteria requirements outlined in the Zoning Ordinance.He added that a variance will be needed unless the developer redesigns the parking area. After a discussion,by consensus,the Corrnnission concluded that the units to the front of the site should be removed and an adequate entrance location must be constructed.Mr.Iseminger abstained. Redamar Estates: Mr.Lung presented the concept plan for Redamar Estates located along the west side of U.S.Route 40.The owner is proposing to create 26 residential lots and two connnercial lots on 41 acres,zoned Agricultural.The proposed lot sizes for the residential lots are approximately 40,000 square feet and the connnercial lots will be 1.5 acres in size.The developer may,in the future,request a rezoning of the lots designated for connnercial use.Mr. Lung noted that there are no plans for extensions of public water and sewer to this area and that it is outside of the Urban Growth Area.The site will be served by private wells and septic systoms.There is floodplain located along the lower edge of the site which may require the redesign of some lots.No action was taken by the Corrnnission. Ravenswood Heights: The written summary of the preliminary consultation for Ravenswood Heights was presented to the Corrnnission for its information with no verbal presentation by the staff.No action was taken by the Corrnnission. 48 Antietam Industrial Park: The written summary of the preliminary consultation for Antietam Industrial Park was presented to the Commission for its information with no verbal presentation by the staff.No action was taken by the Cormnission. Dean's Adventure: The written summary of the preliminary consultation for Dean's Adventure was presented to the Commission for its information with no verbal presentation by the staff.No action was taken by the Cormnission. George Burger: The written summary of the preliminary consultation for George Burger was presented to the Commission for its information with no verbal presentation by the staff.No action was taken by the Commission. 01HER BUSINESS: Demolition Permits: Mr.Goodrich informed the Commission that a demolition permit has been received to demolish a house and barn on property that is to be the site of the new Washington CaLmty Regional Airport terminal.Comments have been received from the Airport Manager,Leigh Sprowls,concerning an archeological investigation which failed to reveal any significant artifacts ·on the site.The application will be taken to the Historic District Cormnission for its review.The Planning Commission,upon review of the application,took no action. Suder-Mowen: Mr.Prodonovich discussed his letter of March 29,1989 regarding two family dwellings located on lots subdivided and approved for single-family dwellings.The Cormnission,upon further discussion,by consensus,stated that since the conditions were existing at the time of the subdivision's review and approval,the Planning Commission's action of November 9,1987 remains unchanged. Agricultural Preservation District Application -Sylvester Golden: Mr.Gudmundson presented the Agricultural Preservation District application for Sylvester Golden.The site is located along the east side of Timber Ridge Road ill.He stated that the Goldens are requesting three areas along Timber Ridge Road to be excluded from the preservation district.The farm is not located within the 201 Facilities Plan and there are no public facilities in the area.Land use includes 59 acres of cropland,7 acres of pasture land,180 acres of woodland,206 acres of orchards and 6 acres with building and ponds.The nearby land use is scattered residential and the Town of Hancock.The Agricultural Inventory Map shows the orchard is located within prime orchardland and the General Plan Map indentifies this area as part of the rural-agricultural area.The staff feels that this application is consistent with the County's Comprehensive Plan.Mr.Zombro made a motion to recommend to the County Commissioners the approval of the Agricultural Preservation District application since it's consistent with the County's Comprehensive Plan.Seconded by Ms.Acord.So ordered. ADJOURNMENT : 48 There being no 11:00 P.M. /:Z;~,U /r I ~ / /_TY~_Jnl.."_._-- 49 WASHINGTON mUNTY PlANNING mMMISSION WORKSHOP MEETING -April 6,1989 The Washington County Planning Commission held a Workshop Meeting on April 6,1989 at 10:00 A.M.to discuss rezoning cases RZ-414 through RZ-418 that were heard in public hearing on March 13,1989.The meeting was held in the Planning Commission's conference room on the third floor of the County Office Building. Members present:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro; Bertrand L.Iseminger,Dr.Ray Johns,Judith A.Acord.Staff:Director, James P.Brittain;Senior Planner,Stephen T.Goodrich;Associate Planners, Timothy A.Lung and Lisa Kelly Pietro;and Secretary,Janet L.King.Absent were:Ex-Officio,Richard Roulette and Sidney Salitsky. CALL TO ORDER: The meeting was called to order by the Chairman at 10:00 A.M. For the record,it was acknowledged that Ms.Acord,who was absent during the public hearing on March 13,had reviewed the audio tapes and exhibits presented for rezoning cases RZ-414 through RZ-418. REZONING CASES: RZ-416 -Blake Company: After a thorough discussion and consideration of the testimony from the public hearing,Mr.Zombro made a motion to recommend to the County Commissioners that this map amendment be approved based on the findings of fact in the Staff Report and Analysis and the Staff Report and Recommendation.Seconded by Ms.Acord.Mr.Iseminger abstained.So ordered. RZ-417 -Blake Company: Based on facts presented by the staff and testimony provided during the public hearing,the Planning Canmission has concluded that there has been both a change in the character of the neighborhood and a mistake in the original zoning.The Commission feels that the change has been created due to an amendment to the Water and Sewerage Plan associated with the planned construction of the Concocheague Wastewater Treatment Plan.The Commission feels that a mistake was made in the original zoning since this parcel is surrounded on the west,south and in close proximity by a parcel to the east by HI zoned land.The Planning Commission also concluded that the proposed rezoning to an HI classification is appropriate and logical for the subject property.Based on the facts as outlined above,Dr.Johns made a motion to recooonend to the County Commissioners that this map amendment be approved. Seconded by Mr.Zombro.Mr.Iseminger abstained.So ordered. RZ-418 -Potomac Edison Company: After a thorough discussion and consideration of the testimony from the public hearing,Dr.Johns made a motion to recommend to the County Commissioners that this map amendment be approved based on the findings of fact in the Staff Report and Analysis and the Staff Report and Recommendation.Seconded by Ms.Acord.The only exception being that a traffic impact study is not recommended to be a prerequisite for the rezoning as outlined in the Staff Report and Recommendation.Mr.Iseminger abstained.So ordered. Dr.Johns left the meeting at 11 :00 A.M.and therefore did not vote on rezoning cases RZ-414 and RZ-415. RZ-414 -Maugansville Elevator and Lumber Company: After a thorough discussion and consideration of the testimony from the public hearing,Mr.Zombro made a motion to recommend to the County Commissioners that this map amendment be denied based on the findings of fact in the Staff Report and Analysis and the Staff Report and Recanmendation.Seconded by Mr.Iseminger.So ordered. RZ-415 -Irene Fulton Estate: After a thorough discussion and consideration of the testimony from the public hearing,Mr.Isaninger made a motion to recommend to the County Commissioners that this map amendment be denied based on the findings of fact in the Staff Report and Analysis and the Staff Report and Recorrnnendation.Seconded by Ms.Acord.So ordered. ADJOURNMENT : There being no further discussi9fie the meeting adjourned at 11 :30 A.M. 50 rs,Chairman WASHINGTON COUNTY PlANNING COMMISSION REGUlAR MEETING -MAY 1,1989 The Washington County Planning Commission held its regular meeting on May 1, 1989 at 7:00 P.M.in the second floor conference room of the County Office Building. Members present were:Chairman,Jack B.Byers;Vice-Chairman,Donald E. Zombro;Ex-Officio,Richard E.Roulette;Dr.Ray Johns,Judith A.Acord,and Bertrand L.Iseminger.Staff:Director,James P.Brittain;Senior Planner, Stephen T.Goodrich;Associate Planners,Timothy A.Lung and Lisa Kelly Pietro;Assistant Planner,John Gudmundson,Director of Permits and Inspections,Paul Prodonovich;Director of Planning and Review,Richard Parks;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. MINlJ1ES: Revisions were discussed regarding the April 3,1989 regular meeting to consist of the following:page 1 under minutes,the word work should be changed to word.Under Paradise Mennonite School,the sentence regarding parking should read 'the proposed parking area meets minimun zoning criteria'.Under the Preliminary Consultation for Cardinal Sharpsburg,Mr. Iseminger abstained.Mr.Zombro made a motion to approve the minutes of the 1I:pril 3 regular meeting as amended.Seconded by Dr.Johns.So ordered. Dr.Johns stated that during the April 6,1989 workshop meeting,he left the meeting at 11 :00 A.M.but it is not noted in the minutes.Mr.Iseminger made a motion to approve the April 6 workshop meeting as amended.Seconded by Dr.Johns.So ordered. CORRESPONDENCE: Letter from the Boonsboro Mayor and Council: 51 The Commission acknowledge receipt of the letter from the and Council regarding the Scenic View Estate subdivision. taken by the Commission. UNFINISHED BUSINESS: Reulet and Jenkins: Boonsboro Mayor No action was Mr.Gudmundson informed the Commission that during the February meeting the Planning Commission approved a variance for Reulet and Jenkins which created two lots without public road frontage.In July of 1983,the County Commissioners approved access over County lands with the condition that a fence be constructed in the vicinity of the point of access.Mr.Reulet asked the County Administrator to waive that condition.The County Administrator suggested that he approach the Planning Commission to review previous conditions regarding access via County property and make a recommendation to the County Commissioners regarding the issue.After a discussion,by consensus,the Commission feels that since the County Commissioners placed a condition on accessing across County property,this matter should be deferred to the County Commissioners without comment. RZ-407 -1I:nimal Husbandry Ordinance: Mr.Lung presented the Staff Report and Recommendation on RZ-407,the 1I:nimal Husbandry zoning text amendment to the Commission.He said that the staff is recommending approval of the text amendment with the following conditions:1)the County Attorney review the wording of the amendment as it relates to the involvement of the Soil Conservation District as an advisory agency,2)the reference to the U.S.Department Agricultural Field Manual as guidelines for developing a waste management plan,and 3)reference to the Stockman's Handbook as amended for determining animal unit equivalents. I I Mr.Iseminger noted that the revised text amendment is well written and addresses the odor problem.Mr.Byers stated that he thinks the Zoning Ordinance is an inappropriate place to address the odor problem and he feels that a separate Odor Control Ordinance should be established.Mr.Roulette said that the idea of a separate Odor Ordinance was considered at the beginning of the process,however,after considerable discussion of the issue,it was determined that the most effective way to regulate large scale animal husbandry operations and associated environmental concerns including odor would be through zoning regulations and an Animal Waste Management Plan.It was also determined that existing operations,unless expanded or changed,could not be regulated by the Zoning Ordinance. Dr.Johns stated that something needs to be done to control odor associated with existing operations.After a discussion,Dr.Johns made a motion that the Planning Commission recommend to the County Commissioners to disapprove RZ-407 based on the following items:1)it does not address nor does it alleviate the original problem of manure odors from existing large scale hog operations,2)it has no public support from either proponents or opponents of such an Ordinance,3)the Ordinance should state clear and specific requirements for compliance and enforcement and not refer to standards that are both unknown and subject to interpretation in the Soil Conservation District,Agricultural Waste Management Field Manual,4)in attempting to address all manure problems,it has been "generalized"and "exceptionalized" so that it will not solve any specific problems,and 5)this will perpetuate conflict between the County government and farmers in that producers will always be out of compliance in some way and the law will be very difficult to enforce in that it is based on a manual of general guidelines.Seconded by Ms.Acord.As a result of the motion,Dr.Johns,Ms.Acord and Mr.Byers voted yes and Mr.Iseminger and Mr.Zombro voted no.Mr.Roulette abstained.Motion passed.So ordered. Dr.Johns made a motion that the Planning Commission recommend to the County Commissioners develop a "Swine Operations Ordinance"with consideration of the following provisions:1)to include all swine operations in the County, regardless of size,2)its purpose be primarily odor reduction and specifically state the reduction methods required on existing and future swine operations,3)existing hog operations would be given a three-year phase-in period,4)a specific acreage ratio per animal unit be established, and the acreage be contiguous to reduce hauling on public roads,5)all hogs must be contained within a specific production structure,and capacity criteria be developed for determining what odor reduction methods will be required in various sized structures,and 6)specific penalties for non- compliance be clearly stated.Seconded by Ms.Acord.As a result of this motion,Dr.Johns and Ms.Acord voted yes,and Mr.Iseminger,Mr.Zombro and Mr.Byers voted no.Mr.Roulette abstained.The motion failed.So ordered. Mr.Roulette thanked Mr.Lung and the staff for their excellent work on the Ordinance during the past eight months. Agricultural Preservation District Applications: Roy and Betty Byers: Mr.Gudmundson presented the Agricultural Preservation District application for Roy and Betty Byers to the Commission.The site is located along the west side of the Downsville Pike at Rench Road.The farm encompasses approximately 165 acres with 102 acres in cropland,16 acres in pasture,16 acres of woodland and 27 acres of orchards.This site is located outside the Urban Growth Area boundary but within the rural-agricultural area.The Agricultural Land Inventory Map identifies approximately 75%of this farm as prime,long-term farm land.The staff feels that this application is consistent with the County's Comprehensive Plan.Ms.Acord made a motion to recommend to the County Commissioners that this application be approved since it is consistent with the County's Comprehensive Plan.Seconded by Mr.Zombro.So ordered. 52 Ellis and M.Elaine Strite: Mr.Gudmundson presented the Agricultural Preservation District application for Ellis and M.Elaine Strite.The site is located along the east side of the Conococheague Creek,just north of Kemps Mill Road.The farm encompasses approximately 192 acres with 109 acres in cropland,21 acre in pasture and 56 acres of woodland.The site is located in the rural- agricultural area with approximately 2/3 of the farm classified as prime long-term farm land by the Agricultural Lands Inventory Map.The staff feels that this application is consistent with the Comprehensive Plan.Mr. Iseminger made a motion to recommend to the County Commissioners that this application be approved since it is consistent with the Comprehensive Plan and should be included in the Agricultural Preservation program.Seconded by Dr.Johns.So ordered. NEW BUSINESS: Variances: Clear Spring Associates: Mr.Goodrich presented the variance for Clear Spring Associates.The site is located along the north side of U.S.Route 40,east of Clear Spring. The variance being requested to create three new access points that are not in compliance with the 500 foot spacing requirements stated in the Highway Plan.A second variance to permit three lots to utilize one driveway was also requested.The developer is proposing to create 5 new residential lots 1:;0 be served by three new access locations.Lots 1 and 5 will have individual driveways while lots 2,3,and 4 will use a shared driveway.Mr. Goodrich added that a 21 acre parcel (parcel B)is being dedicated to the County for a park.If the access points are approved,the access to parcel B,to be established in the future,will also not meet the Highway Plan standards.The State Highway Administration has approved the entrance locations for this development.Mr.Zombro made a motion to grant the variances based on a hardship that would result from strict compliance to the Ordinance.Seconded by Ms.Acord.So ordered.Mr.Iseminger abstained. Allen and Trudy Smith: Mrs.Pietro presented the variance for Allen and Trudy Smith.The site is located along the east side of the Sharpsburg Pike,1 mile south of Tilghmanton.The variance is being requested from Section 405.2(A)of the Subdivision Ordinance which stated that the Highway Plan requires a minimum distance of 500 feet between access points on a Minor Arterial roadway. Mrs.Katherine Cook,owner of the property,is proposing to subdivide a 1.4 acre lot from her 39 acre parcel to be conveyed to the Smiths.The entrance that will serve the Smith's lot is located approximately 275 feet to the north of an adjacent driveway. Mr.Fred Frederick,consultant for the Smiths,said that if the Cook property is further developed,a public road system would be constructed to County standards and dedicated to the County.Mr.Frederick added that at such time,the Smith's driveway will have access directly onto the public street. Mr.Iseminger made a motion to grant the variance based on a hardship that would result from strict compliance to the Ordinance with the condition that when the public street is constructed,the Smith's driveway must have access directly onto the public street.Seconded by Dr.Johns.So ordered. Conservit: Mr.Gudmundson presented the variance for Conservit which is located east of the Sharpsburg Pike adjacent to the Earley Industrial Park.The variance is being requested from Section 405.11(B)of the Subdivision Ordinance which states that every lot must have a minimum of 25 feet of public road frontage.Mr.Gudmundson said that Leslie Drive is a public road to the railroad tracks and just east of the tracks is a private entrance road for the Newall and Conservit industries.The applicant is proposing to subdivide a 7.7 acre parcel into 2 lots along that private road to provide a 53 site for Omega Thermal Technologies plant.A private right-of-way agreement would be worked out between Omega and Conservit.The County Engineer has stated that he has a problem taking this private right-of-way into the County system;he feels this would not be feasible.Mr.Roulette made a motion to grant the variance based on a topographical hardship.Seconded by Dr.Johns.So ordered. Thomas Lynch and Agnus Hessong: Mrs.Pietro presented the variance requests for Thomas Lynch and Agnus Hessong.Both sites are located along the south side of Gay Street in Halfway.The Lynch's are proposing to subdivide a .45 acre lot from their acre parcel and Mrs.Hessong is proposing to subdivide a .20 acre lot from her half acre parcel.Both new lots will have access on to a public alley which abuts Graystone Drive.The variance is being requested from Section 405.11(B)of the Subdivision Ordinance which states that every lot must have a minimum of 25 feet of public road frontage.The staff recommended the use of a 25 foot panhandle to serve the Lynch's lot but severe rock outcroppings on the site made it impossible.Mrs.Pietro added that Mrs.Hessong's lot is approximately 50 feet wide and would not have the area for a panhandle. Approximately 10 feet will be conveyed from the Lynch's so the Hessong property will comply with the Ordinance.Public water and sewer is available to both sites. Dr.Johns said that if this variance is granted,he feels that a precedent will be established and the Planning Commission would have to grant other lots to use the alley as an access point.Mr.Roulette added that a precedent will not be established because other lots may not have the required lot width.After a discussion,Dr.Johns made a motion to deny the variance.Seconded by Mr.Iseminger.As a result of the motion,Mr. Iseminger,Ms.Acord and Dr.Johns voted yes and Mr.Roulette,Mr.Zombro and Mr.Byers voted no.The motion failed. After a discussion regarding the access location,Mr.Iseminger made a motion to grant the variance for both properties based on a hardship with the condition that the alley abutting the proposed lots of Hessong and Lynch be paved in its entirety.Seconded by Mr.Zombro.So ordered. George McKenna: Mr.Lung presented a variance request and preliminary consultation summary for George McKenna.The site is located at the intersection of Maryland Route 67 and Kaetzel Road and is zoned Conservation.Mr.McKenna is proposing to subdivide 10 residential lots on approximately 53 acres.The proposed lots range in size from 3 to 9 acres.The existing farm buildings and a dwelling are located on lot #7.The site is classified as productive long-term farm land by the Agricultural Inventory Map and is covered by 100% class II and III agricultural soils.The site is outside of any designated growth area. During the consultation,the Department of Natural Resources expressed concerns about the effect that the development would have on the non-tidal wetlands located on the property,especially the number of driveways crossing the wetlands.The County Engineer stated that Kaetzel Road is adequate to handle the additional traffic generated by the development.The County Engineer,Director of Permits and Inspections and the Planning staff expressed concern over the proposal for four panhandles over 1 ,000 feet in length,tapering in width from 25 feet to 12.5 feet and having a sharp bend at their narrowest point near the main body of the lots.A shared access will probably be used to access these lots.Individual driveways would probably be impossible due to the steep slope of the panhandles.The agencies are concerned that the use of a shared access will present construction and maintenance problems along with an access problem for fire and rescue vehicles. The variance is being requested from Section 405.11B of the Subdivision Ordinance to allow four panhandles to taper from a width of 25 feet at the public road to a minimum width of 12.5 feet near the main body of the lots. Mr.Russ Townsley,consultant for the applicant stated that the irregular shape of the property requires that long panhandles,less than 25 feet in width,be used to serve the four proposed lots to the rear of the property and that there is no other means of access. 54 Mr.Isaninger stated that the proposed concept does not comply with the intent or requirements of the panhandle provision in the Subdivision Ordinance and that allowing such a design would create a safety and maintenance problem.Dr.Johns made a motion to deny the variance request. Seconded by Mr.Iseminger.So ordered. The Planning Corrnnission took no additional action on the consultation. Subdivisions: Huyetts Business Park: Mr.Lung presented the preliminary/final subdivision plat for Huyetts Business Park,lot 111,located along the west side of Route 63.The owner is proposing to subdivide a 1.641 acre lot which contains an existing building.The site plan for the building was approved in July,1988.This proposed lot has frontage onto Route 63 but will be served by a private right-of-way.This right-of-way will be constructed to County standards and dedicated to the County in the future.The site is served by public water and a private septic system.All agency approvals have been received.Mr. Zombro made a motion to grant preliminary/final plat approval.Seconded by Dr.Johns.So ordered.Mr.Iseminger abstained. Windsor Farms: Mr.Lung presented the preliminary subdivision plat for Windsor Farms located at the intersection of Route 67 and Marble Quarry Road,zoned Agricultural.The owner is proposing to create 25 residential lots on approximately 46 acres with 65 acres of remaining lands.The site is located outside the Urban Growth Area and is classified as prime long-term farm land by the Agricultural Lands Inventory Map.Lots range in size from 1 to 3 acres and will be served by individual wells and septic systems. These lots will be served by a new public street to be called Hollow Tree Lane.The remaining lands include an existing house,barn and farm buildings.These buildings are listed on the Historic Sites Survey.All agency approvals have been recieved.Mr.Iseminger made a motion to grant preliminary plat approval.Seconded by Ms.Acord.So ordered. Paul Myers: Mr.Gudmundson presented the preliminary/final subdivision plat for Paul Myers located on Neck Road.Mr.Myers is proposing to create a 3 lot subdivision with lots sizes approximately 2.5 acres.This proposed subdivision is a re-subdivision of lot 2 which was approved in 1985.Lot 114 will have access by a 360 foot panhandle.The proposed lots will be served by individual wells and septic systems.All agency approvals have been received.Mr.Zanbro made a motion to grant preliminary/final subdivision approval.Seconded by Ms.Acord.So ordered. Mary Trumpower: Mrs.Pietro presented the preliminary/final subdivision plat for Mary Trumpower.The site is located along the south side of Barnhart Road.In November 1988,Mrs.Trumpower requested to subdivide three lots along Barnhart Road.This roadway is currently less than 16 feet in width.The Planning Commission approved Mrs.Trumpower's subdivision proposal of lots fronting on the substandard road.Mrs.Trumpower is requesting preliminary and final approval of the three lots first proposed in November.These three lots will be approximately 1 acre each.Access will be via Barnhart Road.Private wells and septic systems will serve the site.The County Engineer disapproved the subdivision.He corrnnented that Barnhart Road must be improved to current County standards and at that time,the plan will be approved and the individual entrance permits will be issued.Mr.Iseminger made a motion to grant preliminary/final subdivision plat approval with the condition that Mrs.TrLllllpower negotiate with the County in the sharing in the cost of upgrading Barnhart Road to current County standards for the portion of'Barnhart Road that fronts her property only.Seconded by Dr. Johns.So ordered. 55 Paul Schoonmaker: Mrs.Pietro presented the preliminary/final subdivision plat for Paul Schoonmaker located along the south side of Mercersburg Road.Mr. Schoonmaker is proposing to subdivide four lots for residential use with sizes of 1.2 acre each.Lot 111 has an existing house on it.The proposed lots will be served by private wells and septic systems.All agency approvals have been received.Mr.Iseminger made a motion to grant preliminary/final subdivision plat.Seconded by Mr.Roulette.So ordered. Antietam Industrial Park: Mrs.Pietro presented the preliminary plat for Antietam Industrial Park. The subject site is located along the southeast side of Oak Ridge Place. The owner is proposing to create four lots for commercial use.A total of 14 acres is remaining.The proposed lots will range in size from 2 to 3.5 acres and will be served by individual wells and septic systems.Access to the site will be via Oak Ridge Place.A site plan will be required for each lot before any construction is permitted.All agency approvals have been received.The County Engineer gave his preliminary approval with the condition that the final plat include a statement which reads that a minimtnn of 20,000 square feet is to be reserved for stormwater management on either lots 5 or 6. Mr.Fred Frederick,consultant for the developer,stated that when the concept plan for this site was presented to the Commission questions were raised regarding the extension of water lines to this area.Mr.Frederick stated that the closest water line is 3000 feet away and it would not be economical for the developer to extend the line.He added that if future development would occur in close proximity of the site,it would be more feasible to connect to the water line at that time.Mr.Iseminger said that the staff should contact the Water Department to coordinate an agreement wi th that agency and the area's property owners in the cost sharing of extending the water line.The developer stated that he had no problem with this suggestion and would be willing to help in any way he could. Mr.Iseminger made a motion to grant preliminary plat approval with the condition that a note be placed on the plat requiring a site plan submittal prior to construction.In addition,the developer must be willing to share in the cost of extending the water line to this site should an agreement be reached in the future.Seconded by Mr.Zombro.So ordered. Parkview Meadows: Mrs.Pietro presented the preliminary plat for Parkview Meadows.The site is located along the east side of Bower Avenue.A rezoning application was submitted and approved to change the site's zoning classification from Agriculture to Residential Urban in December.A variance was granted in February to reduce the access spacing between entrance locations.The owner is proposing to create 100 lots for residential use with lots being a minimtnn of 7500 square feet.Access to the proposed lots will be served by a new public street system.The lots will be served by public water and sewer.All agency approvals have been received.The required traffic study has been completed and has been forwarded to the County Engineer and the State Highway Administration. The Commission inquired as to the results of the traffic study.Mr.Rodney Tissue,the consultant that prepared the traffic study,stated that this development will not have an impact on the Virginia Avenue/Bower Avenue intersection that warrants signalization. Mr.Roulette made a motion to grant preliminary plat approval.Seconded by Mr.Zombro.Mr.Byers abstained.So ordered. 56 Site Plan: Lakeside Park -Section 2: Mr.Ltmg presented the site plan for Lakeside Park,Section 2.The owner is proposing to develop a new 40 lot section to the existing Lakeside Mobile Home Park.The new section is located along the west side of Parkview Drive and consists of 4.5 acres,zoned HI.A total of 49 acres is remaining.The proposed new section meets all the requirements of the Zoning Ordinance for mobile home parks and conforms with previously approved plans for Lakeside Park.This section is also in conformance with the County Commissioners' action on July 2,1988 determining that the planned expansion of Lakeside Park is not affected by the change in the Zoning Ordinance barring new mobile home parks from the HI district.The units will be rentals.Water is provided by a private system connected to the City's water line via a master meter.Sewer is provided by a private system through an agreement with the Washington County Saniary District.The road system is private. All agency approvals have been received.Mr.Iseminger made a motion to grant site plan approval.Seconded by Dr.Johns.So ordered. AC &T/Fast Gas: Mr.Lung presented the site plan for AC &T which is located along the east side of Hopewell Road.The proposed use for the site is for offices and a truck service terminal.The site consists of 10.1 acres and has an existing dwelling on the property.Screening is to be provided by existing trees and additional landscaping.Water is to be provided by an existing well,a pdvate septic system is proposed for sewerage disposal.Health Department approval is outstanding.The 10,000 square foot reserve area was previously approved during the review of another plan and the Health Department needs to varify that the location shown on this plan is the same as the one previously approved.Comments were received from the Hagerstown Water Department and the Halfway Fire Company stating that public water should be provided to this site as well as all the development in the area.The closest water line is located in Lakeside Park in the vicinity of the 1- 70/1-81 interchange.The Planning staff made comments concerning the site design and screening of the area around the tractor trailer parking area and the portable toilet storage area.Landscaping and screening is adequate to the front of the site.Mr.Roulette made a motion to grant site plan approval with the condition that additional screening be added to the rear of the site and around the tractor trailer parking area and the portable toilet storage area.Seconded by Ms.Acord.So ordered. Williamsport Storage Bin: Mrs.Pietro presented the site plan for Williamsport Storage Bins.The subject site is located at the end of and on the east side of Artizan Street.The developer is proposing five additional mini warehouses on approximately 4 acres.Each building will be approximately 20 to 30 feet in width.No public facilities are proposed due to the nature of the use.The site's entrance and exit will be off of Artizan Street.Landscaping is provided along the northern and eastern property lines in order to buffer the site from 1-81 traffic.All agency approvals have been received.Mr. Roulette made a motion to grant site plan approval.Seconded by Mr. Zombro.So ordered. D.M.Bowman: Mr.Goodrich presented the site plan for D.M.Bowman's new truck/trailer sales operation.The site is located at the Halfway Boulevard/Hopewell Road intersection.An 8 x 32 foot mobile trailer will serve as an office and a new gravel parking area will be constructed.No on-site health facilities are proposed.The staff is assuming the employees will use the facilities at the adjacent existing tenninal.Landscaping is provided along the front of the site.All agency approvals have been received.Mr.Zombro made a motion to grant site plan approval.Seconded by Mr.Roulette.So ordered. Mr.Iseminger abstained. 57 F &M Bank-Smithsburg: Mr.Lung informed the Corrnnission that the site plan for the F &M Bank was previously approved.The site is located at the intersection of Route 64 and Route 77.The site plan has been revised to show four additional parking spaces for use by employees to be located on the north side of the site.The staff supports the proposals for the four additional spaces but has concerns regarding the safety of vehicles backing into the main access lane and entrance.After a discussion regarding the location of the parking spaces,Dr.Johns made a motion to grant approval of the revised site plan. Seconded by Mr.Zombro.Mr.Iseminger abstained.So ordered. Preliminary Consultations: Vincent Smith: Mr.Goodrich presented the concept plan for Vincent Smith.The property is located along the north side of U.S.Route 40 near Walnut Point Road. During the March meeting,the staff requested that the Planning Commission consider the use of the private right-of-way to serve the proposed 6 lots. The proposed 6 lots will be conveyed to immediate family members.The staff feels that 6 lots served by a private right-of-way is not the appropriate use of that permission granted in the Subdivision Ordinance.A public street system should be constructed to serve these lots.During the March meeting,the Commission permitted the use of the private right-of-way concept with the condtion that if at such time these lots are ever sold outside the immediate family,a public street system must be constructed. The Commission also required that a 50 foot right-of-way be reserved during subdivision. A consultation was held in April.The developer is proposing to use the cluster provisions of the Subdivision Ordinance.The staff feels that the cluster provisions are inappropriate in this case.The staff suggested during the consultation that a variance from the Board of Appeals to reduce lot sizes or rezoning would be more appropriate to permit smaller lot sizes for this development rather than the cluster provisions. Mrs.Catherine Parks,from Fox and Associates,distributed copies to the Commission regarding the following:1)why this site should be developed under the cluster provisions and 2)reasons for utilization of Section 22.81.She said that this site should be developed as a cluster subdivisions so green space,tree cover and scenic vistas will be preserved and to protect the natural drainage and environmentally sensitive areas. Mrs.Parks added that the Smith parcel meets the requirements of Section 22.81 of the Subdivision Ordinance for parcel size and that the site is located within the Conservation zone which is considered a rural or residential district. After a discussion regarding the private right-of-way for access to these lots and the cluster provisions,Mr.Iseminger made a motion to permit the cluster subdivision concept for this site with the condition that the developer meet the provisions of constructing a road to current County standards with a cul-de-sac on the end and access to the remaining lands be by means of a private right-of-way to the remaining lands and open space area and that all other requirements of the Subdivision Ordinance are met. Seconded by Dr.Johns.So ordered. OTHER BUSINESS Water and Sewerage Plan Amendments -WS-89-1 and WS-89-2: Mr.Lung presented the Staff Report and Recommendation for Water and Sewerage Plan amendment applications WS-89-1 and WS-89-2 that were heard in public hearing on April 18,1989.Mr.Iseminger made a motion to recommend to the County Commissioners that case WS-89-1 be denied based on the staff's findings of fact that the proposal is not consistent with the Comprehensive Plan.Seconded by Dr.Johns.So ordered. Mr.Iseminger made a motion to recommend to the County Commissioners that case WS-89-2 be approved based on the staff's findings of fact that the proposed amendment is consistent with the Comprehensive Plan.Seconded by Mr.Zombro.So ordered. 58 Due to the hour,a special meeting will be held on Tuesday,May 9,1989 at 8:30 A.M.in the Planning Commission conference room to continue the regular meeting of May 1,1989. ADJOURNMENT: The meeting adjourned at 11 :30 P.M. 59 WASHINGTON COUNTY PlANNING COMMISSION SPECIAL I~ETING -MAY 9,1989 The Washington County Planning Commission held a special meeting on Tuesday, May 9,1989 in the Planning COIlIDlission's conference room on the third floor of the County Office Building to continue the agenda items that were not completed during the regular meeting of May 1,1989. Members present:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro; Dr.Ray Johns,Bertrand 1.Iseminger and Judith A.Acord.Staff:Director, James P.Brittain;Senior Planner,Stephen T.Goodrich,Assistfu'1t Plarmer, John Gudmundson,Associate PlaTh'1er,Lisa Kelly Pietro and Secretary,Janet L.King.Absent was:Sidney Salitsky.Mr.Richard Roulette was excused due to the County Commissioners regular meeting. CAlL TO ORDER: The meeting was called to order by the Chairman at 8:30 A.M. OTHER BUSINESS: Cushwa fu'1d Sons: Mr.Goodrich informed the Commission of the staff's response to a letter from Mr.Barry Miller of Cushwa and Sons.Mr.Miller had requested a determination on whether a certain parcel of land was located inside or out of the Urban Growth Area.He then asked if using the parcel as a connecting route for its trucks would be permitted.He also inquired into the type of reclaimation required.The staff advised that the parcel was located .outside of the Urban Growth Area,that transporting minerals via truck was a legitimate part of a mineral extraction operation and that the reclaimation plans required by the State would be what is required by the County during a site development phase and to refer to Section 15.2 of the Zoning Ordinance for requirements as it would relate to any rezoning application. UNFINISHED BUSINESS: Hancock Town Growth Area: Mr.Goodrich informed the Carrnnission that during the last meeting held on April 27,the Hancock Growth Area Co~mittee discussed items pertaining to parks and recreation,police and fire protection,and possible conflicts with land use regulations.He hoped a draft would be ready for the Growth Area Committee's May meeting and after a review by the Committee,it will be forwarded to the Washington County Plaming Commission and the Hancock Mayor and Council for approval and then on to the County Commissioners for adoption.No action was taken by the Commission. OTHER BUSINESS: Historic District Commission -Tax Credit Ordinance: Mr.Goodrich presented the proposed Tax Credit Ordinance which will grant property tax credits for restoration and preservation of certain buildings in the HP or AO zoning districts.After a discussion regarding the proposed Ordinance,no action was taken by the Commission. Highway Plan: Mr.Gudmundson informed the Commission that the County's Highway Plfu'1 map is ready to be printed and updated.The Plan will be revised to show that Eastern Boulevard is now existing and also to show that Route 48 near Hancock is now existing.Mr.Brittain added that the access separation requirements that are now printed on the back of the Highway Plan Map will be printed on a separate sheet of paper due to revisions that may occur in the future. Dr.Johns suggested that a workshop session needs to be set to discuss the possible revisions regarding the access separation requirements on roadways in the County.The Commission also requested the staff to consult with the County Attorney for his comments and/or recommendations regarding the granting of variances by the Planning Commission. 60 Preliminary Consultations: Highland Manor -Commercial: The written summary of the consultation for Highland Manor -Commercial was presented to the Commission with no additional information to be added by the staff.No action was taken by the Commission. Auction Square: The written summary of the consultation for Auction Square was presented to the Commission with no additional information to be added by the staff.No action was taken by the Commission. William Reams: The written summary of the consultation for William Reams was presented to the Connnission with no additional information to be added by the staff.No action was taken by the Commission. Sabine Subdivision: The written summary of the consultation for Sabine SUbdivision was presented to the Commission with no additional information to be added by the staff. No action was taken by the Commission. Route 34 West: The written summary of the meeting for Route 34 West was presented to the Commission with no additional information to be added by the staff.No action was taken by the Commission. J.Maurice Carlisle: Mrs.Pietro presented the concept plan for J.Maurice Carlisle which is located along Dogstreet Road in Keedysville.The owner is proposing to sUbdivide 6 lots for residential use.These lots will be served by panhandles rih'1ging in length of between 600 ih'1d 1600 feet.Dr.Johns suggested that the developer should construct a public street system to serve these lots.He added that this design is not consistent with the County's Subdivision Ordinance.After a discussion regarding Mr.Carlisle's concept plan,Dr.Johns made a motion to deny the panhandle concept for this development since this design is inconsistent with the Subdivision Ordinance.Seconded by Mr.Iseminger.So ordered. Capital Improvements Program: Mr.Brittain informed the Commission that the CIP is being finalized and copies should be distributed to Commission members during the July meeting. No action was taken by the Commission. Lynch and Hessong Variance: Mrs.Pietro requested the Commission to varify its motion that was made during the May 1,1989 regular meeting.After a discussion on the length of paving the pUblic alley,by consensus,the Commission reiterated its motion of May 1 by stating that the entire frontage of both new lots must be paved. ADJOURNMENT: There being no further business,the meeting adjourned at 10:00 A.M. 61 WASHINGTON COUNTY PlANNING COMMISSION June 5,1989 The Washington County Planning Commission held its regular meeting on Monday,June 5,1989 at 7:00 P.M.in the second floor conference room of the County Office Building. Merribers present:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro; Ex-Officio,Richard E.Roulette;Carol Jolh~son,Donald Spickler,Bertrand L. Iseminger.Staff:Director,James P.Brittain;Senior Planner,Stephen T. Goodrich;Associate Planners,Timothy A.Lung and Lisa Kelly Pietro; Associate Plarh~er,John Gudmundson,Director of Permits and Inspections, Paul Prodonovich,and Secretary,Janet L.King.Absent was Dr.Ray Johns. CALL TO ORDER: The Chairman called the meeting to order at 7:00 P.M. MINUTES: In regard to the minutes of the May 1 Regular Meeting,Mr.Iseminger stated that he had abstained from the following ite-Ills and would like it noted in the minutes:Clear Spring Associates;Huyetts Business Park and D.M. Bowman.Mr.Iseminger stated under Mary Trumpower,the motion should read as follows:I •••Mrs.Trumpower negotiate with the County in the sharing in the cost of upgrading Barnhart Road to current County standards for the portion of Barnhart Road that fronts her property only.I Mr.Iseminger .stated that under Vincent Smith the last sentence in the motion should read I to the remaining lands and open space area •••I.Mr.Zombro made a motion to approve the minutes of the May 1 Regular Meeting as amended.Seconded by Mr.Iseminger.So ordered. In regard to the minutes of the May 9 Special Meeting,Mr.Roulette said that under members present it should read that he was excused due to the County Commissioners Regular Meeting instead of absent.Mr.Iseminger made a motion to approve the minutes of the May 9 Special Meeting as amended. Seconded by Mr.Zonibro.So ordered. NEW BUSINESS: Varia.~ces Daryl and Julia Yost: Mr.Gudmundson presented the variance request for Daryl and Julia Yost.The site is located along the north side of U.S.40,one half mile east of Clear Spring at the end of a private lane.The varia.~ce is being requested to create two lots without the required 25 feet of public road frontage.Mr. Gudmundson said that the original tract has been the subj ect of three previous variance requests.(1)In 1981,a variance was granted for a church to be constructed with an access point less than the required 500 feet separation.(2)In September of 1986,a variance was denied for South View Estates to have its access point within 500 feet of an eKisting access point.(3)In October of 1986 a variance was granted to create the 5 lots of South View Estates without the required 25 feet of public road frontage with the following conditions (a)widen the panhandle to serve the remaining lands (the subject of this variance request)to 50 feet and (b)construct the entrance to State Highway Administration standards.This proposal for lots 5 and 6 has an 800 foot panhandle to the main body of lot 6.The applicant is willing to restrict the conveyance of these lots to immediate family members only.The staff is recommending denial of this variance request due to the previous variance requests and lot configuration.During the previous varia.~ce requests,the County Engineer recommended denial since the lots will be on a private road.The applicant has no plans for improving the 50 foot right-of-way to County standards. Mr.Yost said that they have no plans for further subdividing this property and that they are willing to place a deed restriction on the lots that conveyance will be to immediate family members only.He added that the private right-of-way is owned by his uncle,who owns the church. 62 Mr.Roulette stated that due to the uniqueness &'1d hardship to create the access,he made a motion to grant the variance with the condition that no further subdivision of lots 5 or 6 be pemitted u.ntil they can be served by a public road built to County standards.Seconded by Mr.Zombro.Mr.Byers voted no.So ordered. James C.Reed: Mr.Lung presented the variance request for James C.Reed.The site is located on the south side of MD Route 60,approximately 1/2 mile east of Clopper Road.The variance is being requested from Section 405.2A of the Subdivision Ordinance,Highway Plan Which requires a minimum of 500 feet separation between new &'1d existing access points on an Intermediate Arterial highway.Mr.Reed is proposing to subdivide a 6.5 acre parcel for the purpose of establishing a retail farm equipment dealership.Due to the topography along the frontage of the property and the location of utilities, it's necessary to locate the entrance approximately 116 feet from an existing access point to the east.The State Highway Administration has approved the entrance location.The applicant is stating the following hardships for just cause for the variance to be approved:(1)highway sight distance at the location meets State Highway Administration standards,(2) !uaintains.least possible grade for the entrance/exit of the driveway,(3) telephone cable underground and overhead at other locations,(4)will be utilizing the most level portion of the property for equipment display,and (5)to preserve the asthetics of the site.Mr.Zombro made a motion to grant the variance based on a topographic hardship.Seconded by Mr. Roulette.So ordered. Subdivisions : Lappans Estates: "Mrs.Pietro presented the preliminary subdivision plat for Lappans Estates, lots 1 through 10.The site is located along the south side of MD Route 68, .5 of a mile east of Lappans Crossroads.A variance was granted in 1988 to locate an entrance within 500 feet of an existing entrance.The owner is proposing to subdivide 10 lots for residential use.A new road is to be constructed to County standards to serve the 10 lots.There is approximately 18 acres of remaining Im1ds that will be developed in the future with the extension of Country Home Lane to serve the remaining lands.The proposed lots will be served by individual wells and septic systems.All agency approvals have been received.Mr.Iseminger made a motion to grant preliminary plat approva1.Seconded by Mr.Zombro.So ordered. Mike Kefauver: Mrs.Pietro presented the preliminary and final subdivision plat for Mike Kefauver,lots 2,3,and 4.The site is located along the southeast side of Geeting Road.The owner is proposing to create 3 residential lots to range in size from 6 to 8 acres.The proposed lots will be served by individual wells and septic systems.Access to these lots will be via a shared connnon driveway onto a panhandle to serve lot 3.An alternative direct access has been provided for lots 1 and 2 in the event that the owners lose the right or choose not to use the shared access.The proposed panhandle for lot 3 is approximately 1100 feet in length.During the preliminary consultation,the County Engineer stated that north of this site,Geeting Road is less than 16 feet.He stated that he will disapprove all development for 1.5 miles to the north.Mr.Iseminger made a motion to grant preliminary and final plat approva1.Seconded by Mr.Zombro.So ordered. Route 34 West: Mrs.Pietro presented the preliminary and final subdivision plat for Route 34 West,lots 1 through 5.The site is located along the southeast side of Route 34,1 mile west of Sharpsburg.The owner is proposing to subdivide 5 lots for residential use with lots ranging in size from 3 to 4 acres.The proposed lots will be served by individual wells and septic systems.The 5 lots will be served by a shared driveway to meet the required 300 foot 63 acces'i>separation requirement.The Health Department gave conditional approval with final approval to be based on the results of the test well. All other agency approvals have been received.Mr.Zombro made a motion to grant preliminary and final plat approval subject or receiving final approval from the Health Department.Seconded by Mr.Roulette.Mr. Iseminger abstained.So ordered. Louis Tiches,: Mr.Lung presented the preliminary and final subdivision plat for Louis Tiches.The site is located along the north side of Unger Road.The owner is proposing to subdivide 9.5 acres into three residential lots.Lots 1 and 3 will be served by a single shared access off the proposed panhandle for lot 2.An alternative direct access has been provided for lots 1 and 3 in the event that the owners lose the right or choose not to use the shared access.The County Engineer has approved the entrance location.The lots will be served by private wells and septic systems.All agency approvals have been received.Mr.Iseminger made a motion to grant preliminary and final plat approval.Seconded by Mr.Zombro.So ordered. Youngstoun Apartments Ill: Mr.Lung presented the preliminary a,d final subdivision plat for Youngstoun Apartments Ill.This section of Yoimgstoun is a portion of a P.U.D.which is located along the south side of Robinwood Drive.The owner is proposing to subdivide three lots on 17.85 acres.A church is proposed for lot 1 on 5.5 acres.Lot 2 consists of 3.6 acres ffi1d lot 3 consists of 8.8 acres, poth with apartment buildings proposed.The Plmming Commission previously approved the revised concept plan for the P.U.D.with the church on lot 1 and apartments on lots 2 and 3 in March,1989.The subdivision plat matches the development shown on the approved concept plan.All agency approvals have been received.Site plffi1S must be submitted prior to a,y development on these lots and a note is being added to the plat to state this requirement.Mr.Iseminger made a motion to grant preliminary and final plat approval.Seconded by Mr.Roulette.So ordered. Des ign Works: Mrs.Pietro presented the preliminary and final subdivision plat for Design Works,lot'8.The site is located along the west side of Earley Drive in the Earley Industrial Park off the Sharpsburg Pike.The site plan for the site was approved in 1988.The site is improved with a 10,000 square foot building for a cabinet plant.The site is served by public water and private septic system.All agency approvals have been received.Mr.Zombro made a motion to gra'1t preliminary and final plat approval.Seconded by Mr. Roulette.Mr.Iseminger abstained.So ordered. Keefer Memorial Estates: Mrs.Pietro presented the preliminary and final subdivision plat for Keefer Memorial Estates,lots 3,4,5,and'6.The site is located along the east side of Indian Springs Road.The owner is proposing to subdivide 30 acres into four lots with lots ranging in size from 3 to 16 acres.The proposed lots will be served by private wells and septic systems.The lots will be served via individual entrances off Indian Springs Road.Mr.Roulette made a Illotion to grant preliminary and final plat approval.Seconded by Mr. Iseminger.So ordered. Lee's,Retreat: Mrs.Pietro presented the preliminary a,d final subdivision plat for Lee's Retreat,lots 1 through 3.The site is located along the southwest side of General Gordon Circle.Each lot will be served via a panhandle.The proposed lots will be served by private wells and septic systems.The Sanitary.District's sewer line runs along General Gordon Circle,however, sewer allocation is not available.PUblic water is available to the site but the developer needs to apply to the Sanitary District for a line extension.The site is not within the Sanitary sub-district.All agency approvals have been received. 64 ,~' Mr.Fred Frederick,consultarlt,said that the owner does not want to extend the water line to these lots due to the length of the panhandle and the proposed house locations. Mr.Iseminger made a motion to gra.'1t preliminary and final plat approval. Seconded by Mr.Zombro.So ordered. Rick Willis: Mrs.Pietro presented the preliminary and final subdivision plat for Rick Willis,lots 6 through 16.The site is located along the west side of Mills Road.A preliminary consultation was held and the Planning Connnission recommended revisions to the concept plan to reduce the number of panhandle lots.Lots 1 through 5 were previously approved.The owner is proposing to create 11 residential lots with lots ranging in size from 1 to 14 acres. The lots will be served by individual wells and septic systems.All agency approvals have been received.Mr.Zombro made a motion to grant preliminary and final plat approval.Seconded by Mr.Iseminger.So ordered. Hagerstown/Washington County Industrial Foundation -V.P.Winter Company: Mrs.Pietro presented the combined preliminary and final subdivision plat and site plan for the Hagerstown/Washington County Industrial Foundation - V.P.Winter Company.The site is located along the northeast side of Industrial Lane.The proposed use is a manufacturing plant for doors and windows.The owner is proposing to construct a 70,000 square foot building. Hours of operation will be from 7:00 A.M.to 6:00 P.M.A total of 38 parking spaces are proposed.The site will be served by public water and sewer.The lighting will be building mounted.Landscaping is provided around the sign,parking area and along the northern and eastern property lines.A fence will be constructed to shield the lights from the tractor trailers for a length of 300 feet.The height of the fence has not been determined.A note is being added to the plan stating that the height will be determined in the field once the site is graded.During the site review, it was suggested to relocate the building so the loading area would not be adjacent to the residential area.,The developer felt the building should not be moved because then the site would have to be redesigned and make expansion impossible.The Water Department has given its preliminary approval with final approval conditional on revisions being made.All other agency approvals have been received.Mr.Zombro made a motion to grant prellininary aDd final plat and site plan approval with the condition of the height of the fence being determined and added to the site plan/preliminary plat and receipt of the Water Department's final approval.Seconded by Mr. Iseminger.So ordered. Site Plans: Antietam Paper Company: Mrs.'Pietro presented the site plan for a proposed addition to the Antietam Paper Company.The site is located along Oakmont Drive.The owner is proposing the construction of a 20,000 square foot addition to the existing building for warehouse use.Additional landscaping is provided to the front of the new building.All agency approvals have been received.Mr.Roulette made a motion to gra.'1t site plan approval.Seconded by Mr.Zombro.So ordered. Floyd Kline: Mr.Lung presented the site plan for the expansion to Kline Roofing.The site is located on Hopewell Road and is zoned Highway Interchange.The owner is proposing the construction of a new 102'x 120'warehouse to be located behind the existing building.A new entrance location is being proposed off Nursery Road.The existing landscaping is adequate.The septic reserve area is being relocated and has been approved by the Health Department.All other agency approvals have been received.Mr.Roulette made a motion to grant site plan approval.Seconded by Mr.Iseminger.So ordered. 65 and 8 IDts 7 Certain-Teed Corporation: Mr.Lwg presented the site plan for the proposed exp&'1sion to the Certain- Teed Corporation Which is located along the east side of Govenor Lane Boulevard.Zoning is Planned Industrial.The applicant is proposing to construct a 250'x 362'warehouse building to store materials that are presently stored outside.A new stormwater management pond will be located to the front of the building.Existing landscaping is located to the front of the existing building as well as along the front of the chainlink fence arowd ,t;:he site is adequate.All agency approvals have been received.Mr. Roulette made a motion to grant site plan approval.Seconded by Mr. Zombro.So ordered. Preliminary Consultations: Washington Four: Mrs.Pietro presented the concept plan for Washington Four.The site is located along the south side of Woburn Road.The owner is proposing to create 5 residential lots with lots ranging in size from 3 to 4 acres.Each lot will be served by a proposed panhandle Which will range in size from 700 feet to 1100 feet.The proposed entrance to each lot is adjacent to each other along Woburn Road.During the consultation,the developer was informed that either a public street should be constructed to serve these lots or the plan be redesigned to cut down the length and number of panhandles. Mr.Rob Holmes with Associated Engineering Sciences said the pl&'1 could be revised to reduce the length of the panhandles to 800 feet with one common driveway to serve the 5 lots.A home owners association will maintain the property from the end of the panhandle. After a discussion,by consensus,the Commission feels that the concept plan should be redesigned to show the construction of a public road with a cul- de-sac at the end and then have panhandles off the cul-de-sac to serve the proposed lots.The staff should also review the length of the proposed panhandle with the Cowty Engineer.So ordered. Norway Maples Farm: Mr.Lwg presented the concept plan for Norway Maples Farm Which is located on the northwest side of Charles Mills Road.Zoning is agricultural.The developer is proposing 9 residential lots on 24 acres.Access to lots 1,2, 3,and 4 will be directly off Charles Mills Road.Panhandles are proposed to serve lots 5,6,7,8,9 and the remaining lands.The site is located outside the designated Urban Growth Area and on prime agricultural farm land.A total of 14.5 acres is remaining with an existing paved farm lane. Mr.Rob Holmes with Associated Engineering Sciences said that lots 6 and the remaining lands will use the existing farm lane for access. and 9 will have a double panhandle with a shared entrance location. The Commission asked Why the farm lane could not be improved to current Cowty standards to serve these lots.Mr.Polk,developer,said he did not want to ruin the aesthetics of the site by removing the maple trees along the fann lane.Mr.Lung added that the staff has concerns from a safety st&'1dpoint with the use of the private lane serving multiple lots. After a discussion,by consensus,the Commission recommended that the developer eliminate lots 6 and 8,and that the existing farm lane should not be used to serve any new lots wIess it is improved as a public road to Cowty standards. Fairway Meadows: Mr.Lwg presented the concept plan for Fairway Meadows.The site is located off 1&'1dis Road &'1d was previously called IDndontlfwne Section C. Zoning is Res idential Rural.The developer is propos ing to create 117 residential lots on 55 acres.The pl&'1 shows a connection with IDndontowne Drive from Fair Meadows Boulevard to Landis Road.During the consultation, 66 the Cou,~ty Engineer expressed concerns with this proposed connection due to the inadequate condition of landis "Road.He stated he will not approve of a connection until Landis Road is improved.In the meantime,Fair Meadows Boulevard could end with a temporary t-turn aromld.Mapped floodplain is located through the middle of the site and the developer is in the process of having the floodplain maps amended to remove this area.During the consultation,a pedestrian access was suggested by the Parks Planners between lots 16 and 17 to serve the adjacent County park.After a discussion,the Commission suggested that the pedestri<h~access be located further west to tie-in with the existing walkways in the park.The Commission also suggested that the developer contact the County OJrnmissioners concerning participation in upgrading landis Road so that the connection can be made.No action was taken by the Commission. Mr.Donald Spickler arrived at 9:10 P.M. William Reams: Mrs.Pietro presented the concept plan for WilHam Reams.The consultation was held in March of 1988.The site is located off of Geeting Road.Mr. Reams is proposing to serve the development with a 600 foot panhandle.Due to the width of Geeting Road,the developer cannot further subdivide the remaining lands.The concept plan has been revised to change the lot configurations. Mr.Russell Townsley with Fox and Associates said that the original plan has been revised due to perculation tests.During perc testing,one lot and one panhandle have been elliuinated. After a discussion,the Commission,by consensus,has no problem with the revised concept plan.So ordered. Pleasant View Heights: The written summary for Pleasant View Heights was presented to the Commission with nothing additional to be added by the staff.No action was taken by the Commission. CORRESPONDENCE: Letters for Darn 114 Landing -Agdcultural/Conservation: Mr.J.Lll1g informed the Commission that letters have been received regarding a proposed residential development to be located on Dam 114 Road.A revised plan has been prepared as a result of perculation tests and the County Engineer's comments.The Conservation portion of the site has been changed to reduce the number of lots <h'1d to show only one entrance onto Darn 114 Road.The original plan proposed 40 lots with an access point onto Dorsey Road.The revised plan proposes 23 residential lots with no access onto Dorsey Road.The Planning staff knows of no revised plans for the Agricultural zoned portion of the site on the east side of Dam 114 Road. Mr.&Mrs.Michael Geller,residents of the area,both expressed concerns regarding the adjacent stream and possible contamination if the septic fields drain into it,the amount of additional traffic that will be generated from this develoment and the safety of the residents due to the inadequate width of Darn 114 Road. Mr.Lung said that during the consultation,the County Engineer stated that Dam 114 Road is inadequate and he will not approve the proposed 98 lots for the agricultural section.He also stated that Dorsey Road is approximately 10 to 12 feet in width and according to the County Engineer,no access will be permitted unless its improved to at least 16 feet. After a discussion,the Commission informed Mr.Geller that consultations are presented to them for information only and no action can be taken until a subdivision plat is submitted.No action was taken by the Commission. 67 Letters regarding 40 East Motel -Foxshire Plaza: Mr.Brittain informed the Commission that five letters have been received expressing concern on the proposed development along the Dual Highway at the 40 East Motel.He added that these letters have been acknowledged by the Planning staff as well as by the State Highway Administration.At this time,no site plan has been submitted to the Planning Commission for review.No action was taken by the COllunission. OTHER BUSINESS: Proposed Road Improvement Policy: The proposed policy dated May 25,1989 has been drafted to address subdivision development on substandard County roads.The Planning, Engineering,and Roads Departments have been requested to forward comments to the Commissioners'Office.Mr.Brittain reviewed the staff's comments regarding the proposed policy.In addition to concurring with the staff's comments,the Planning Commission felt that the policy's requirement that the developer be responsible for all aspect of road improvements may be difficult since they lack condemnation powers.&'1 alternative procedure ,-JOuld be for the County to have overall responsibility with a consultant (costs paid for by the developer)having engineering responsibilities,etc. and reporting directly to the County.Also discussed was a need to expand or further detail the agree-ment regarding future monetary recovery by a developer from property owners Who will benefit by subsequent division of their land.Mr.Brittain stated tha.t the Commission's comments will be incorporated into the staff's report to be forwarded to the Commissioners' Office. Subdivision Ordinance -Variance: Mr.Brittain said that during a special meeting,the Commission asked about Which section of the SUbdivision Ordinance should be used When granting variances related to the Highway Plan.Mr.Ralph France,the County Attorney;in his opinion dated May 24,1989 recommended that the Commission should use Article I,Section 107 Modification regarding the hardship clause.This will require a text amendment to Section 405 to consolidate the granting of modifications into one section of the Ordinance.A public hearing must be held for any amendments to the Subdivision Ordinance.The Commission feels that during that hearing,proposed panhandle lot requirements currently being discussed should be taken as well.No action was taken by the Commission. Service Station Conversion -AC &T: ~;, Mr.Paul Prodonovich,Director of Permits and Inspections,informed the Comrnission that the State requires approval from the Planning Comrnission before service stations can be converted to eliminate service bays.After a discussion,Mr.Roulette made a motion to approve the conversion and to grant Mr.Prodonovich the authority to approve such conversions in the future.Seconded by Mr.Zombro.So ordered. UNFINISHED BUSINESS: Development Fee Schedule: Due to Dr.Johns being absent and there not being a quorum of members that were present for the public hearing regarding development fees,a special meeting was set for June 22 in the Planning Commission's conference room at 9:00 A.M.to take action. The Commission will also take a field visit on June 22 to visit the rezoning sites that will be held in public hearing on June 12. 68 Towne Oak Village: Mr.Brittain informed the Corrullission that the Board of Appeals has not made a decision on the developer of Towne Oak Village's appeal of the Planning COflllllission's requirement to install sidewalks.He said he will keep the Commission informed on the outcome.The Commission requested the staff to evaluate alternatives and/or designs for sidewalks within the Cotmty right- of-way in the event the Board of Appeals denies the developer's appeal.No action was taken by the Commission. July Regular Meeting: Due to the Fourth of July holiday,by consensus,the July Planning Commission regular meeting will be held on July 10,1989. ADJOURNMENT : There being no further discussion,the meeting adjourned at 11:00 P.M . • 69 WASHINGTON COUNTY PlANNING COJVlMISSION SPECIAL MEETING -JUNE 22,1989 The W~shington County Planning Commission held a Special Workshop Meeting on Thursday,June 22,1989 at 9:00 A.M.in the Planning Commission's conference room on the third floor of the County Office Building. Present were:Chairman,Jack B.Byers;Vice-Chairman,Donald E.Zombro;Dr. Ray Johns,Bertrand L.Iseminger;Carol G.Johnson,al'ld Donalci Spickler. Staff:Senior Planner,Stephen T.Goodrich;Associate Planners Timothy A. Lung and Lisa Kelly Pietro and Secretary,Janet 1.King.Absent were Richard E.Roulette and James P.Brittain,Planning Director. CALL TO ORDER: The meeting was called to order by the Chairman at 9:05 A.M. The special workshop meeting was held to review the proposed development fee schedule,which if adopted by the County Commissioners,will go into effect on July 1,1989. DEVELOPMENT FEE SCHEDULE: The Commission reviewed the Staff's Report and Recommendation on the proposed fee schedule and Mr.Zombro stated that on the fourth page of the proposed amendment under Section 24.3,the word 'zoining'should be changed ·to 'zoning'. Mr.Iseminger said that he feels the proposed fee for 'Multi-lot subdivision plats -Final'should be changed from $25 to $10 as recommended by the staff. After a discussion regarding the proposed development fee schedule,Mr. Iseminger made a motion to recommend to the County Commissioners the adoption of the proposed amendments to the Subdivision and Zoning Ordinances for Washington County with inclusion of the changes noted in the Planning Commission Staff's Report and Recommendation.Also during its deliberation, the Commission suggested that the "Now,therefore,be it ordained"paragraph of each proposal be reworded so that they are consistent.The Commission expressed concern for the method of amendment,i.e.,repeal and re- enactment.It would be very beneficial if,sometime in the future,the legal background of this procedure would be further explained by the County Attorney.Seconded by Mr.Zombro.As a result of the motion,Mr. Iseminger,Mr.Zombro and Dr.Johns voted yes and Mr.Byers,Mrs.Johnson and Mr.Spickler abstained from voting.Motion carried.So ordered. The Commission considered discussing the rezoning cases that were heard in public hearing on June 12,1989 but decided to wait until rece~pt of the Staff Report and Recommendations. ADJOURNMENT : There being no further business,the meeting adjourned at 9:30 A.M. A field trip immediately followed the meeting to visit the rezoning sites that were heard in public hearing on June 12. 70 WASHING'lDN COUNTY PlANNING COMMISSION REGUIAR MEETING -JULY 10,1989 The Washington County Planning Commission held its regular meeting on Monday,July 10,1989 at 7:00 P.M.in the second floor conference room of the County Office Building. Members present:Vice-Chairma"l,lXmald E.Zombro;EK-Officio,Richard E. Roulette;Dr.Ray Johns,Bertrand L.Iseminger;Carol Johnson and Donald Spickler.Staff:Director,James P.Brittain;Senior Planner,Stephen T. Goodrich;Associate Plarmers,Timothy A.Lung and Lisa Kelly Pietro; Assistant Plarmer,John Gudmundson;Director of Penuits and Inspections; Paul Prodonovich,and Secretary,Janet L.King.Absent was Chairman,Jack B.Byers. CALL 'lD ORDER: The meeting was called to order by the Vice-Chaiman at 7:00 P.M. MINUTES: Mr.Iseminger made a motion to approve the minutes of the Regular Meeting of June 5,1989 as presented.Seconded by Dr.Johns.So ordered. Dr.Johns made a motion to approve the minutes of the Special Meeting of June 22,1989 as presented.Seconded by Mr.Spickler.So ordered. Unfinished Business: Towne Oak Village: Mr.Brittain updated the Planning Commission on the construction of sidewalks within Towne Oak Village by stating that the Board of Appeals denied the developer's request not to install the sidewalks.He added that during the June meeting,the Commission asked the staff to review possible atlernatives regarding placement of sidewalks if the Appeals Board denied the request.The staff worked ,.ith the developer and the County Engineer for an alternative to the approved plan for sidewalk placement. Mr.Lung presented a revised plan to the Planning Commission showing alternative sidewalk locations agreed upon between the County and the developer.The revised plan calls for the sidewalks to be located within the County's right-of-way or common open space areas.The County Engineer is of the opinion that the County should not be responsible for snow removal and maintenance of the sidewalks. Mr.Lung noted that the location of the sidewalks have changed somewhat from the original plans due to existing field conditions • • Mr.Prodonovich stated that Paul Crampton Contractors has submitted a 'Letter of Irrevocable Credit'to insure that the sidewalks will be constructed for Sections A and B in Towne Oak Village.He added that Mr. Crampton has agreed that if he does not comply with the agreement,the County has the authority to charge for the construction of the sidewalk installation.Mr.Prodonovich said that the sidewalks for Sections A and B will be completed by the end of September and the sidewalks for Section C will be installed during construction of that section. After a discussion,Mr.Roulette made a motion to approve the alternative design and location plan for the sidewalks for Sections A and B in Towne Oak Village,and also that the home owner's association be responsbile for maintenance and snow removal of the sidewalks.Seconded by Dr.Johns.So ordered. 71 Variat1ces: Henry McMullan: Mr.Gudrmmdson informed the Commission that Mr.McMullan is requesting to subdivide one lot to an immediate family member along Independence Road. The County F.ngineer denied this request due to the vertical and horizontal alignment problems along Independence Road. Mr.Roulette said that the request was brought before the County Commissioners to permit the subdivision,however,the Commissioners felt that the request should go through the subdivision process.Mr.Gudmundson added that the County Engineer will not issue the access permit.The County Corrnnissioners would ha.ve to approve it if the Planning Commission approves the subdivision. After a discussion regarding road width and whether the lot will be conveyed to an irrnnediate family member,Dr.Johns made a motion to grant the variance since the lot will be conveyed to a family member with the condition that no further subdivision can occur IL.'1til road improvements are made to correct vertical and horizontal alignment problems.Seconded by Mr.Iseminger.So ordered. John Rosenberry: Mr.Gudmundson presented the variance request for John Rosenberry.The subject site is located along the south side of Route 40.The owner is .proposing to sWJdivide a 3 acre lot containing existing unprovements.A 25 foot panhandle following the existing lffile would divide the remaining lands in two,which is why the applicant is requesting the variance.Mr.Roulette added that if the remaining lands are to be developed with a public road :En the future,a 50 foot right-of-way is needed. Mr.Rob Holmes with Associated Engineering Sciences said that any future subdivision of remaining lands will be conveyed to an immediate family member and the Subdivision Ordinance states that if a lot is conveyed to a family member,no additional road frontage would be required. After a discussion regarding the right-of-way width,Mr.Iseminger made a motion to grant the variance based on a topography hardship with the condition that a 50 foot right-of-way be provided to serve the remaining lands.Seconded by Mr.Spickler.So ordered. Subdivisions: Antietam Estates: Mrs.Pietro presented the preliminary subdivision plat for Antietam Estates, lots 1 through 9.The site is located along the north side of Geeting Road.The owner is proposing to create 9 lots for residential use on approximately 15 acres.The proposed lots will range in size from 1.5 to 2.5 acres.The lots will be served by public water and individual septic systems.Lots 2,3,4,and 7 will be served by a pffi1handles with average lengths of 200 feet in length.All agency approvals have been received. Mr.Spickler made a motion to grant preliminary plat approval.Seconded by Dr.Johns.So ordered. John Merrbaugh: Mrs.Pietro presented the preliminary a':ld final subdivision plat for John Merrbaugh,lots 2 through 6.The site is located along the south side of Broadfording Road.The owner is proposing to subdivide 5 lots for residential use with lots ranging in size from 1.5 acres to 5 acres. Proposed lots 4 and 6 contain existing homes and lot 5 has a cabin.In December,1987,the Planning Corrnnission granted a variance to create lot #6 without the required 25 feet of public road frontage.Lot il6 will be served by a common driveway that is approximately 688 feet in length which will also serve lots Lf and 5.The proposed lots will be served by pUblic water and private septic systems.There is floodplain located on the site but the proposed development will not effect this area. 72 Dr.Jolms commented that something should be done to discourage long panhandles and development within the floodplain area.Mrs.Pietro stated that this concept pla.n was previously approved when the variance was granted and the Commission did not object to the length of the panha.ndle at that time.She reiterated that the proposed development will not effect the floodplain area on this site. After a discussion,Dr.Johns made a motion to approve the preliminary and final subdivision plat.Seconded by Mr.Roulette.So ordered. (',ardon Eakle: Mr.Gudmundson presented the preliminary and final subdivision plat for Gordon Eakle,lots 1 through 3.The site is located along the south side of Route 34.The property is zoned Agt:icultural/AO-2 Which means the site is located within the Antietam Overlay approach zone.TI1e owner is proposing to subdivide three lots for residential use on 22 acres.The proposed lots range in size from 3.5 acres to 11 acres.Approximately 8.5 acres will be remaining.The lots will be served by private wells and septic systems. PUblic sewer is located across Route 34 but not available due to the no growth design of the system.All agency approvals have been received.Mr. Isaninger made a motion to grant prelDnin~ry and final plat approval. Seconded by Mrs.Johnson.So ordered., McDonalds: Mr.Lung presented the preliminary and final subdivision plat for the conveyance of .8 acres to ~ntietam Development Limited from McDonalds Corporation.The site is located to the east of the existing McDonalds on Route<'65.The property was previously leased to ACltietam Development as part of the proposed parking area and drainage access to the stornlwater management area for the Comfort 1m site.No cha.nges have been made to the previously approved site plan for the Comfort Inn site.Dr.Johns made a motion to approve the preliminary and final plat.Seconded by Mr. Spickler.Mr.Iseminger abstained.So ordered. Brightwood Acres East: Mr.Lung presented the preliminary subdivis ion plat for Brightwood Acres East,Section D.The site is located along the north side of Mt.Aetna Road.Zoning is agricultural.The owner is proposing to subdivide 52 lots for residential use on 34 acres.Lot sizes will be approximately .5 acres each.The proposed lots will be served by public water and sewer which permits the reduction in lot size.The Hagerstown Water Department has given its approval.Hagerstown Water Pollution Control and the County Engineer have given preliminary approval with revisions to be made to the final construction drawings.Verbal approval has been received from the Health Department.Mr.Spickler made a motion to grant preliminary plat approval conditional on receiving written approval from the Health Department.Seconded by Mr.Roulette.So ordered.'. Fountain Head Meadows: Mr.Lung presented the preliminary and final subdivision plat for Fountain Head Meadows,Section III.The site is located along the south side of Longmeadow Road.The owner is proposing to subdivide 42 lots for residential use on 14 acres.Zoning is Residential Urban.The proposed lots will be served by an extension of Dover Drive off of Longmeadow Road. The owner is proposing duplexes with one unit per lot.The Planning staff is recommending that no action be taken on this plat due to lots 54 through 62 being located within the 100-year floodplain.The County's Floodplain Management Ordinance does not permit construction of houses within the 100- year floodplain.The developer is attanpting to have the floodplain area removed from the Flood Insurance Maps.The developer is in the process of applying to have this area ranoved from the flood maps.The staff suggested that lots 54 through 62 be removed from this subdivision plat and be resubmitted as another section once the floodplain is ranoved.Therefore, the ranaining area of Section III outside of the floodplain could be approved at this time.A Water Resources Administration construction permit 73 will be required for the construction of the road or any other disturbance in the floodplain area.Mr.Roulette made a motion to gra...,t preliminary and final plat approval conditional on the plat being resubmitted with the removal of lots 54 through 62.Seconded by Dr.Johns.Mr.Iseminger abstained.So ordered.• Towne Oak Village: Mrs.Pietro presented the preliminary subdivision plat and site plan for Towne Oak Village,Section C.The site is located along the south side of the fuwnsville Pike.Par Three Drive will serve this section.Zoning is Residential,Multi-family.The owner is proposing 23 townhouse units with six tLDits per acre.Individual lot.sizes will be a minimum of 22,775 square feet.Total area of the site is 4 ;'lcres.Two parking spaces are provided per unit.Approximately 1.5 acres is dedicated to open space.The maintenance of the proposed tot lot,open space area and sidewalks will be the responsibility of the home owner's association.The site will be served by public water and sewer.Sidewalks are provided along Par Three Drive and through the development to Fairway Lane to end with a crosswalk.The Sanitary District has given its approval with sewer allocation for 16 lots. The remaining 7 lots will be issued sewer allocation upon completion of the Conococheague Treatment Plant.All other agency approvals have been received.Mr.Spickler made a motion to grant preliminary plat and site plan approval with the condition that sidewalks be constructed as shown on the site plan for Section C and that the County Attorney review the wording for the home owner's association documents.Seconded by Mr.Roulette.So ordered. Hillside Mennonite School: Mrs.Pietro presented the preliminary plat a...,d site plan for Hillside Mennonite School.The subject site is located along the west side of Route 63 and north of 1-70.A variance was previously granted to create the 5 acre lot without public road frontage for the construction of a school.An 18 foot wide paved right-of-way will be constructed from Route 63 to the front of the school.The school proposes 120 students with hours of operation being 8:30 A.M.to 3:30 P.M.A total of 15 parking spaces are provided along the side of the building.A bus waiting area is provided in front of the school.Lighting is provided on the building and in the parking area.Landscaping appears to be adequate around the school and property lines.The Board of Appea;Ls granted a variance for the reduction in lot size from 17 acres to 5 acres.All agency approvals have been received.Dr.Johns made a motion to grant preliminary plat and site plan approval.Seconded by Mr.Roulette.So ordered. Planned Unit Development: Roy Diller: Mr.Lung presented the Planned Unit Development for Roy Diller.The site is located along Route 11 just north of Hagerstown.The County Commissioners approved the P.U.D.overlay in 1988.A preliminary consultation was held to discuss the preliminary development plan on June 16,1989.Mr.Lung informed the Commission that several items need to be addressed regarding the development plan. The developer is requesting a variance from Section 405.11B of the Subdivision Ordinance to create townhouse lots without the required 25 feet of public;road frontage.The developer is proposing to subdivide 67 townhouse units with frontage onto a private access road and parking area. The developer believes that this would be a safer arrangement and a better overall design.The COli.'1ty Engineer has no objection to the request.Mr. Spickler made a motion to grant the variance to create townhouse lots without the required 25 feet of public road frontage based on it being a safer design.Seconded by Mr.Roulette.So ordered. Mr.Lung said that the Zoning Ordinance requires the construction of sidewalks in multi-fmnily developments and the Subdivision Ordinance gives the Planning Commission the authority to require additional sidewalks to serve the open space areas.Sidewalks are being provided within the 74 townhouse area and along the street serving the duplex lots.Sidewalks will be located outside the County's right-of-way as suggested by the County Engineer due to the design of the roadways.A variance is required to allow this since the Subdivision Ordinance states that sidewalks must be located within the County's right-of-way.A;Eter a discussion,Mr.Roulette made a motion to grant the variance to permit the construction of sidewalks outside the County's right-of-way as suggested by the County Engineer due to the road design.Seconded by Mr.Spickler.So ordered. Dr.Johns cOllnnented that the proposed development should consist of more than just recreational areas for children.He feels there should be something more for the entire family in order to encourage community interaction.Mr.Zombro stated that the potential home buyers of these lots should be made aware of the close proximity to the Washington County Regional Airport so noise complaints are eliminated. Mr.Lung stated that during the public hearing,adjacent residents had concerns about the location of the proposed commercial areas.frllring the preliminary consultation,Mr.Prodonovich and the Planning staff suggested to the developer to switch the commercial areas with the townhouse units. This design would cluster the new commercial areas with existing commercial areas.The developer was not receptive to this suggestion.If the commercial area is constructed as shown on the plan,screening must be provided to shield the residential areas.During the prelilninary consultation,it was suggested to construct a landscape berm to shield the headlights from the adjacent residential properties.The residents also had concerns with the construction of a by-pass lane along Route 11 which,if constructed,would eliminate parking along Route 11.These residents have driveways so the by-pass lane should not effect the parking arrangement for the existing residential areas. Dr.Johns .said that he agrees with the staff that the commercial area should be exchanged with the townhouse units.Stephen Zoretich,consultant,stated that the developer does not want to have the commercial areas inside the development creating more traffic through the residential areas.The developer also believes that from a marketing standpoint,the area must be located along Route 11. After a discussion,Mr.Iseminger made a motion to grant approval of the preliminary development plan with the condition that the final development plan show specific uses for the open space areas a.'1d demonstrate their ability to be used as active recreational facilities ~1ich will encourage community interaction,that the proposed commercial areas to be landscaped and effectively screened from the adjacent existing and proposed residential areas,the home owner's association documents to be submitted with the final development plan should include provisions for ownership and maintenance of the townhouse access roads;recreation areas;open space areas;and sidewalks,and that the final development plan a.'1d all subsequent plans to include notification to property owners of the proximity of the Washington C01J.'1ty Regional Airport and the possible impacts.Seconded by Mr.Zombro. So ordered. Site Pla.'1s: ]iagerstown/Washington County Indu~trial Foundation -Maryland Paper: Mrs.Pietro presented the preliminary and final subdivision plat and site plan for the Maryla.'1d Paper Company.The site is located along the south side of Elliott Parkway in the 70/81 Industrial Park.Zoning is Industrial General.The owner is proposing to construct a building to be used as a paper mill.The plant will be open seven days per week,24 hours per day and have 52 employees.The site will be served by public water and sewer. A dumpster is to be located to the rear of the building.Landscaping will be provided to the front of the building and along the western property line.All agency approvals have been received.Mr.Roulette made a motion to grant preliminary and final plat and site plan approval.Seconded by Dr. Johns.So ordered. 75 Hess Center: Mr.Lung presented the site plan for the Hess Center which is located along the south side of Route 34.The owner is proposing to construct a shopping center consisting of two 150'x 80'buildings on approximately 20.5 acres. The shopping center will be located to the front of the site which is zoned Business General.The rear portion of the site is zoned Agricultural.The plan calls for the construction of a public street approximately 1100 feet in length to be dedicated to the County and to be extended fran the rear of the BG property line into the agricultural portion of the site.The street will end with a cul~de~sac.No plans have been submitted for development of the agricultural zoned portion of the property.The BG zoned portion of the site will be served by public water and private septic systems.The State Highway Administration has approved the entrance location onto Route 34. The SilA Hydraulics Division needs to approve the connection into the SilA drainage system.According to the National Wetlands Inventory Maps,non~ tidal wetlands are located on the site to the west of the proposed entrance.The Anuy Corp of Engineers must detenuine that the developer's delineation of the wetland is correct and that the proposed development will not effect the wetland area.The site is located within the Antietam Overlay district AO~2 zone,the approach zone.The Historic District Canmission will review the building plans prior to issuance of a building penuit.The plan meets the requirements of the Zoning Ordinance for parking and landscaping.A residential area is adjacent to the site with adequate screening to be provided to the rear of the building. The Planning staff is concerned with the type of development that could be "proposed for the agricultural portion of the site.Dr.Johns stated that the developer should give the Commission an idea of what might be proposed for the agricultural area.Stephen Zoretich,consultant,said that the developer may possibly propose single~family homes for the agricultural portion and additional commercial development in the BG zoned portion.The developer presented photographs to the Canmission to show the possible design of the proposed shopping center. After a discussion regarding the length and location of the new public street,Mr.Roulette stated that the proposed street should,at this time, be constructed only to the end of the commercial site with a temporary T~ turnaround and not a cul-de-sac.Mr.Iseminger made a motion to grant site plan approval conditional on the receipt of approvals from the outstanding reviewing agencies,review by the Historic District Commission at the building penuit stage and that the proposed street end just past the furthest commercial entrance with a te.mporary T-turnaround.Seconded by Mr. Spickler.Mrs.Johnson abstained.So ordered. Maug~~sville Plaza: Mr.Lung presented the site plan for Maugansville Plaza which is located along the north side of Maugans Avenue.Zoning is Business General.The owner is .proposing to nlnovate a 42,000 square foot building and add an additional 3800 square foot puilding for offices and retail businesses.A 6 foot stockade fence will be located at the rear of the storage and loading area to shield the site fran the adjacent residential area"as well as vegetative screening along the rear property line.Landscaping is provided to the front of the site.The Board of Appeals granted a variance to allow the parking directly adjacent to the right-of-way.The plan meets all other Zoning Ordinance requirements,all agency approvals have been received.Mr. Roulette made a motion to grant site plan approval.Seconded by Dr.Johns. Mr.Iseminger abstained.So ordered. Fast Gas -Chevron Station: Mr.Lung presented the site plan to convert ~'1 existing gas station into a convenience store.The site is located along Route 11 across fran Hanewood Retirement Home and is zoned Highway Interchange.The existing entrances will remain and have received State Highway Administration approval.The site is served with public water and sewer.Adequate parking has been provided.Landscaping has been provided to the front and rear of the site. The proposed expansion does not meet the required 75 foot setback along the eastern property line or the 50 foot setback along the western property 76 lines as.required in the Highway Interchange district.The developer is requesting a variance from the Board of Zoning Appeals from these requirements.The Planning C~nmission expressed concern over the design and appearal1ce of the proposed canopy over the gas pumps.Ada Fulton,developer of the property,assured the C~1l!llission that the canopy would be unobtrusive and would not effect the nearby residences.Mr.Spickler made a motion to grant site plan approval conditional on approval of the variance from the Board of Zoning Appeals.Seconded by Mr.Roulette.So ordered. Preliminary Consutlations: Hill-n-Dale Acres: 77 The written summary for Hill-n-Dale Acres was presented to for its information with nothing to be added by the staff. taken by the C=ission. The Gap: the Commission No action was 'Ule written summary for The Gap was presented to the Commission for its information with nothing to be added by the staff.No action was taken by the Commission. Antietam Acres: The written summary for Antietam Acres was presented to its information with nothing to be added by the staff. by the Commission. Washingb::m Four: the C=ission for No action was taken ~ The staff infonned the C=ission that revised plans were submitted to the Planning Department on Washington Four.No action was taken by the Commission.. J.Maurice Carlisle: The staff informed the C=ission that revised pla.'1s were submitted to the Planning Department on J.Maurice Carlisle.No action was taken by the COIllnission. Rezoning Cases: RZ-378 (REMAND)Kenneth Clements: Mr.Iseminger made a motion to recmrunend to the County COIllnissioners to deny RZ-378 (REMAND)for Kenneth Clements and adopt the Staff Report and Analysis and the Staff Report and Rec=endation as the Planning C=ission's findings of fact.Seconded by Mrs.Johnson.Dr.Johns abstained.So ordered. ,Mr.William Wantz stated that he objects to the Staff Report and Recolrunendation since"it was not submitted within the 10-day c=ent period following the public hearing. RZ-4l9 John R.Oliver Company: Mr.Iseminger made a motion to recommend to the County Commissioners that RZ-4l9 for the John R.Oliver Company be approved and adopt the Staff Report and Analysis and the Staff Report and Recommendation as the Pla.'1ning Commission's findings of fact.Seconded by Mr.Spickler.Dr.Johns abstained.So ordered. RZ-420 Charles Milburn: Mr.Spickler made a motion to recmnmend to the CO~'1ty Commissioners that RZ- 420 for Charles Milburn be approved and adopt the Staff Report and Analysis and the Staff Report and Recommendation as the Planning Commission's findings of fact.Seconded by Mr.Iseminger.Dr.Johns abstain",d.So ordered. Text Amendments -RZ-421,RZ-422 ,RZ-423 ,RZ-424 ,RZ:'425 and RZ-426: Mr.Spickler made a motion to recommend to the County Commissioners that the text amendments for RZ-421 ,RZ-422 ,RZ-423 ,RZ-424 ,RZ-425 ,and RZ-426 be approved as advertised based on Section 27.3 of the Zoning Ordinance as being non applicable.Seconded by Mrs.Johnson.Dr.Johns abstained. Mr.Iseminger made a motion to amend the aforementioned motion to read 'findings of fact being not applicable in all the text amendment cases'. Seconded by Mr.Spickler.Dr.Johns abstained.So ordered. OTHER BUSINESS: Western Maryland Business Leaders Task Force: Mr.Brittain informed the Commission that he sent a letter to Leroy Burtner, Director of Economic Development Commission,regarding the Western Maryland Business Leaders Task Force.He briefly reiterated the items discussed in his letter on 1)studying the adequacy of the interchange at 1-70 and Route 65,infrastructures in that corridor and the additional interchange at 1-70 and Route 632 and 2)the northern by-pass.After a discussion,the Commission agreed with the staff's comments.No action was taken by the Commission. September Meeting Date: Due to the labor Day holiday,the regular Plarming Commission meeting for "September will be held on September 11 th at 7:00 P.M.in the second floor conference room of the County Office Building. A special meeting will be held on July 24th at 8:15 A.M.in the Planning Commission's conference room,third floor of the County Office Buidling to hold the election of officers and to review proposed text amenanents RZ-412 (REMAND)and RZ-427. ADJOURNMENT : There being no further ~usiness,the meeting was adjourned at 10:30 P.M. )IfJJ() ~ lce-Cflairman 78 WASHINGTON COUNTY PlANNING COMMISSION SPECIAL MEETING -JULy 24,1989 The Washington County Planning Commission held a Special Meeting on Monday, July 24,1989 at 8:30 A.M.in the Planning Commission's conference room, third floor of the County Office Building. Members present:Vice-Chairman;Donald E.Zombro,Dr.Ray Johns,Bertrand L.Iseminger,and Carol Jolmson.Staff:Director;James P.Brittain, Senior Planner;Stephen T.C,oodrich,Associate Planners;Timothy A.Lung and Lisa Kelly Pietro,and Secretary,Janet L.King.Absent were:Ex-Officio, Richard E.Roulette and Donald Spickler. CALL TO ORDER: The meeting was called to order by the Vice-Chairman at 8:30 A.M. The Special Meeting was held to consider proposed text alllendments for RZ-412 REMAND and RZ-427. RZ-427: Mr.Brittain presented the Staff Report and Reconnnendation for RZ-427 to the Commission and informed them that the text amendment is being proposed by the County Comnissioners. 1':'1r.Iseminger stated that the statement 'any person,individual,firm, officer,department,board,commission,or bureau of ,the County .•.•should be clarified to make it more clear.He feels this statement means that only someone within the County may apply for a Zoning Ordinance text amendment. The COlmty Attorney should review this statement to make it more clear. After a discussion,Dr.Johns made a motion to recommend to the County Commissioners to approve RZ-427.Seconded by Mr.Iseminger. Mr.Brittain asked if the Planning Commission had findings of fact to be forwarded to the County Commissioners.Dr.Johns stated that he felt that findings of fact were not necessary for a text amendment approvaL Mr. Brittain said that was one of the reasons that·this text amendment is being proposed.Judge Moylan detennined that the Plffi1ning Canmission and the County Commissioners need to state findings of fact on all proposed amendments.Dr.Johns feels that findings of fact are not appropriate for text amendments.He suggested that the Planning staff or the County Attorney make recommendations on the way to word the approvals for text amendments so things are clear when the recommendation is forwarded to the County C~issioners. Mr.Iseminger made a motion to amend the aforementioned motion by stating that 'after reviewing the Staff Report and Recommendation and that the findings of fact as outlined in Section 27.3 of the Zoning Ordinance are not applicable in this case'.Seconded by Mrs.Johnson.So ordered. By consensus,a copy of the Staff Report and Recanmendation should be forwarded to the County Commissioners for its review. Workshop Meeting The Commission discussed the necessity to address approvals of variances and the basis for grac,ting them because of the legal issues that are becoming common place. By consensus,the Commission will meet at 6:30 P.M.on August 7 to discuss this proposed wording. RZ-412 REMAND Mr.Brittain presented the Staff Report and Recommendation for RZ-412 REMAND to the Commiss ion and informed them that the text amendment is being proposed by the County Commissioners. 79 Mr.Brittain stated that RZ-412 REMAND pertains to the exclusion of mobile home parks and/or subdivisions as a Principle Permitted Use and provides for them in Section 6.2 of the Zoning Ordinance ooder Special E.xceptions.This amendment also pertains to restrictions on mobile home parks and/or subdivisions to lot area,lot width,and yard requirements in Section 6.5 of the Zoning Ordinance. Mr.Lung presented a map used to determine acreages for the Staff Report to the Commission.The map outlined agricultural zoned land within the Urban Growth Area by sewer service priority designations •.' Mr.Iseminger questioned if Section 6.5 pertaining to lot size has changed as a result of this text amendment.Mr.Brittain said that mobile homes are only permitted within agricultural or conservation zoned land with lot sizes being 40,000 square feet with well and septic systems and a reduction in lot size to 20,000 square feet with the availability of public water.The text amendment would place mobile home parks and/or subdivisions ooder the same lot size requirements. After a discussion,Mr.Iseminger made a motion to recommend to the County Commissioners the approval of RZ-412 REMAND after the consideration of the Staff Report and Recommendation and having addressed the findings of fact and finding them not to be applicable in this case.Seconded by Mrs. Johnson. Dr.Johns stated that he is against the motion.He feels that this text amendment will restrict the amount of affordable housing in the County.He said he agrees that there should be some restrictions with the location and lot sizes for mobile home parks and/or subdivisions. After a discussion,the motion to recommend approval of the proposed text amendment was passed.Dr.Johns voted no.So ordered. Election of Officers: Due to the fact that Mr.Spickler was absent,the election of officers will be held during the August regular meeting. August Meeting: Mr.Brittain informed the Commission that there may be two items on the August agenda that may cause a larger than normal turnout from adjacent property owners.He suggested that the meeting be held in one of the Court Rooms.By consensus,the staff should use its discretion in determining where the meeting should be held. ADJOURNMENT : There being no further business,the meeting adjourned at 9:25 A.M. 80 WASHINGTON COUNTY PLANNING COMMISSION REGUlAR MEETING -AUGUST 7,1989 The Washil>gton County Planning Commission held its regular meeting on Monday,August 7,1989 in Court Room 1t3 of the Court House,Hagerstown. Members present:Vice-Chairman,Donald E.Zombro;Ex-Officio,Richard E. Roulette;Dr.Ray Johns;Bertrand L.Iseminger;Carol G.Johnson.Staff: Director,James P.Brittain;Senior Planner,Stephen T.Goodrich;Associate Planners Timothy A.Lung and Lisa Kelly Pietro;Assistant Planner,John Gudmundson;Director of Planning and Review,Gary W.Rohrer;Director of Permits and Inspections,Paul Prodonovich;and Secretary,Janet L.King. Absent was Donald Spickler. CALL TO ORDER: The meeting was called to order by the Vice-Chairman at 7:00 P.M. MINUTES: Mr.Iseminger said that under Roy Diller,his motion should read "•••open space areas to show a landscape/grading plan to demonstrate those spaces useful.••".Dr.Johns made a motion to approve the minutes of the July regular meeting as amended.Seconded by Mr.Iseminger.So ordered. Mr.Iseminger made a motion to approve the minutes of the July 24 workshop .meeting as presented.Seconded by Mrs.Johnson.So ordered. ELECTION OF OFFICERS: Mrs.Johnson made a motion to table the election of officers until the September regular meeting since Mr.Spickler was absent.Seconded by Mr. Iseminger.So ordered. NEW BUSINESS: Variances: Tommy Durst: Mr.Gudmundson presented the variance for Tommy Durst.The site is located along the east side of Maryland Route 57,St.Pauls Church Road.The variance is being requested from Section 405.2A of the Subdivision Ordinance referencing that the Highway Plan,which requires 300 feet of access spacing between new and existing driveways on a Major Collector highway.Mr.Durst is proposing to divide an existing 2.19 acre lot in two and locate the proposed driveway 100 feet from the existing drive and 188 feet from the nearest driveway to the north.The owner is claiming this side of the lot is more likely to perc and contains less rock.The other end of the lot could utilize the existing drive.The State Highway Administration stated that sight distance is marginal to poor due to a curve.Dr.Johns stated that Section 205.A of the Subdivision Ordinance states that all variances from the Highway Plan must be granted because of safety purposes.The State Highway Administration has indicated this request would have no improvements in safety.Dr.Johns made a motion to deny the variance request based on the requirements of Section 205.A of the Subdivision Ordinance.Seconded by Mr.Iseminger.So ordered. Mr.Iseminger stated that a letter should be drafted and sent to all engineering consultants stating that the Planning Commission will now adhere more strictly to the guidelines in the Subdivision Ordinance on granting variances from the Highway Plan due to safety purposes.Approved by consensus. After a discussion regarding safety purposes,Mr.Durst said he could move the proposed driveway to use a shared entrance with the existing drive.He added that the driveway will be placed on the property line.Mr.Iseminger said that a shared entrance would be a good solution to the problem and the subdivision plat should be submitted with a shared entrance. 81 Luther Swope: Mr.Gudmundson presented the variance request for Luther Swope.The site is located on the north side of Greenbriar Road,.5 miles east of San Mar Road.The variance is being requested from Section 405.11B of the Subdivision Ordinance which states every new lot shall have a minimtnn of 25 feet of public road frontage.Mr.Swope is proposing to subdivide a lot without public road frontage and have access over a private right-of-way. The existing lane serve three dwellings and the owners have not objection to this plan.The applicant wishes to build the house on a lot to be subdivided from the lands of Ronald Hullinger which lies directly behind his father's home.A total of 10 acres will be remaining.Mr.Roulette asked if the applicant has any plans for future subdividing and Mr.Swope replied no.Mr.Iseminger made a motion based on Section 107 of the Subdivision Ordinance that this variance be approved with the condition that no further subdivision of the remaining lands that will be accessed by the lane will occur.Seconded by Dr.Johns.So ordered. Subdivisions: Pleasant Valley Estates: Mr.Lung presented the preliminary and final subdivision plat for Pleasant Valley Estates,located along the southwest comer of Maryland Route 67 and Gapland Road.The owner is proposing to subdivide 11 lots for residential use on 33 acres.Zoning is Conservation.Proposed lots range in size from 3 to 4.5 acres.All lots will have frontage and access on a new public street to be called Valley View Court.Valley View Court,to be 1500 feet in length,will end with a cul-de-sac.No access onto Route 67 will be permitted due to State Highway Administration denied access.The lots will be served by private wells and septic systems.According to the State Water Resources Administration,the construction of the proposed street will need a waterway construction permit since it crosses a small area of 100-year floodplain.This property is classified as productive agricultural land and has approximately 90%Class I,II.and III soils on site.The Health Department has given conditional approval pending results from test wells. All other agency approvals have been received.Dr.Johns made a motion to grant preliminary and final plat approval conditional upon receipt of Health Department approval of the test well.Seconded by Mr.Iseminger.So ordered. Dean's Adventure: Mrs.Pietro presented the preliminary and final subdivision plat for Dean's Adventure,lots 1 through 5.The site is located between Gapland and Kaetzel Roads.Zoning is Conservation.The owner is proposing five lots for residential use with minimtnn lot sizes being 3 acres.The lots will be served by wells and septic systems.Lots 3 and 5 will have its access onto Gapland Road and lots 1,2,and 4 will access onto Kaetzel Road.All agency approvals have been received.Mr.Iseminger made a motion to grant preliminary and final plat approval.Seconded by Mr.Roulette.So ordered. William Reams: Mrs.Pietro presented the preliminary and final subdivision plat for William Reams,lots 1 through 6.The site is located along the north side of Geeting Road.Mr.Reams is proposing to create six lots for residential use with lots ranging in size from 1.5 to 2.5 acres.Total acreage of the subject site is 13 acres.The proposed lots will access onto Geeting Road. The lots will be served by private wells and septic systems.A revised concept plan was approved showing the elimination of lot IF?and the reduction of the length of proposed panhandles.All agency approvals have been received. Mr.Iseminger asked if the developer has any plans for subdividing the remaining lands.Mr.Reams replied no.He added that the County Engineer has stated that no further subdividing can occur until Geeting Road is improved. 82 Mr.Iseminger made a motion to grant preliminary and final plat approval with the condition that no further subdividing can occur along Geeting Road until its improved.Seconded by Mrs.Johnson.So ordered. Mike Kefauver: Mr.Gudmundson presented the preliminary and final subdivision plat for Mike Kefauver,lots lR,2R,5,6,and 7.The site is located along the south side of Geeting Road.This plat is a resubdivision of plats which were previously approved.Lots 1,lR,5 and 6 were approved in May and lots 2, 2R and 7 were approved in June.The site is zoned Agricultural except for a small portion of lot 2R which is zoned Conservation.Lots range in size from 1 to 5 acres.Lot 5 will have a panhandle access and lots 2,3,and 4 will have will have a panhandle/common drive access.The lots will be served by private wells and septic systems.The County Engineer has given his approval with the condition that no further subdivision be pennitted until the northeast section of Geeting Road is improved. Mr.Iseminger asked if his previous motion of not pennitting any further development along Geeting Road includes this site.Mr.Gudmundson said no, that this site is located on the opposite side of the road from the Reams property. Mr.Iseminger made a motion to grant preliminary and final plat approval with the condition that no further subdividing will occur until Geeting Road,from this property to the north,is improved to County standards. Seconded by Mr.Roulette.Dr.Johns and Mrs.Johnson voted no and Mr. I.seminger,Mr.Roulette and Mr.Zombro voted yes.The motion passed.So ordered. Site Plans: Sterling Oaks Mobile Home Park: Mrs.Pietro presented the site plan for Sterling Oaks Mobile Home Park.The subject site is located along the north side of Sterling Road.The owner is proposing to create a 188 unit mobile home park on 50 acres.The park will be developed in phases;phase 1 will consist of 120 units and phase 2 will consist of 68 units.The owner is proposing 5 to 6 units per acre.A commercial area is proposed on 1.3 acres.Total open space area is 14.8 acres to include the floodplain,stormwater management pond and two play lots.The site will be served by a private street system with sidewalks proposed along one side of the street to connect the proposed park, commercial area and play lots.A total of 376 parking spaces are proposed; two spaces per unit.Five dumpster locations are proposed with one adjacent to the commercial area.Public water and sewer will serve the site.A note has been placed on the plat stating that if any trees are removed during construction,they will be replaced.The County Engineer has given his conditional approval by statil1g no construction traffic will be pennitted on Sterling Road until December due to its reconstruction.These vehicles must use Virginia Avenue for access into the site.Water Resources Administration has concerns with the delineation of the floodplain on the site plan.The consultant is currently working with WRA to correct the problem.Mr.Holsinger said that a letter from WRA has been received stating that a preliminary review of the area indicates that there are no structures located within the revised floodplain. Mr.Iseminger asked what type of commercial area is proposed.Ms.Stamper said that a convenience store,laundromat and rental office is proposed. Mrs.Johnson asked the developer if there were any plans for a pennanent barrier from the railroad tracks for safety pllrposes.Ms.Stamper replied no.Mr.Roulette asked if the County Engineer requested accel/decel lanes to be constructed due to the commercial area.Ms.Stamper replied no.Mr. Roulette said he would like some comments from the County ~ngineer regarding the additional traffic that will be generated by the commercial area. After a discussion regarding the floodplain,accel/decel lanes and the commercial area,Mr.Zombro suggested that a workshop meeting be held to further discuss this plan and obtain comments from the County Engineer on the traffic and proposed convenience store. 83 Mr.Iseminger made a motion to defer action on the workshop meeting is scheduled for further review. Johnson.So ordered. McDonalds: site plan until a Seconded by Mrs. 84 Mrs.Pietro presented the site plan for McDonalds.The site is located along the northeast corner of Massey and Halfway Boulevard.The owner is proposing to construct a 2100 square foot building for a fast food restaurant on 2 acres.Zoning is Business General.Public water and sewer will serve the site.Approximately 56 parking space are proposed;43 spaces are required by the Zoning Ordinance.A drive-thru facility is proposed with directional arrows shown on the plan.The Planning staff had concerns with the loading area being adjacent to the drive-thru area.McDonalds has stated that all deliveries will occur at off hours and that it should not interfere with customer traffic.Access to the site will be a combined entrance/exit onto Massey Boulevard and another onto the parking lot adjacent to K-Mart. Mr.Iseminger suggested the access location be relocated due to the turning problem across from Roy Rogers restaurant.Mr.Dick Brill,a representative from Fox and Associates,stated that McDonalds requested to cut a turn around in the median but the County Engineer denied that request due to additional traffic that will be generated. Mr.Iseminger made a motion to approve the site plan.Seconded by Mrs. Johnson.So ordered. Jim Alphin -Executive Air: Mr.Lung presented the site plan for Jim Alphin -Executive Air.The site is located in the Washington County Regional Airport.The developer is proposing to construct an 80'x 105'building for an airplane hangar and office building.Zoning is AP.The 1.6 acre parcel will be leased to Executive Air and will remain under the ownership of Washington County. Tanporary access to the site will be via a taxiway until a future County access road is constructed.All agency approvals have been received.Dr. Johns made a motion to grant site plan approval.Seconded by Mrs.Johnson. So ordered. College Plaza: Mrs.Pietro presented the revised site plan for College Plaza.The subject site is located along the southeast side of Robinwood Drive.Mrs.Pietro gave a brief history of the plan.The original site plan was formally approved in October 1983.In September 1988,a request was made by the developer to revise the original site plan and show a reduction of the right-of-way dedication in front of College Plaza from 75 feet to 40 feet. This reduction would allow for the placement of a commercial building closer to Robinwood Drive than previously approved.The Planning Commission granted the request in December 1988.'fhe revised site plan was submitted to the Planning staff for review in July 1989.As a result of the building relocation,a total of 50 parking spaces were eliminated from the previously approved parking area of 187 spaces.The owner is proposing to create a new 34 space parking area to the rear of College Plaza and adjacent to the existing townhouse development.This would create a total parking area of 171 spaces.Additional landscaping is also being added to the site to replace some that has died. Mr.Iseminger stated he has concerns with pedestrians having to cross an lane of traffic to reach the commercial area if the proposed parking area to the rear is approved.Mr.Roulette suggested to make the proposed parking area for employees only.Mr.Dan Sheedy,developer,said he has no objections in designating the proposed parking area for anployees only. After a discussion regarding safe pedestrian access from the proposed parking area and the commercial building,Mrs.Johnson made a motion to defer action on this site plan until a field visit and workshop meeting to be held for further review.Seconded by Mr.Iseminger.So ordered. OTHER BUSINESS: Historic District Commission: Ms.Karen Kretzer,Chairperson of the Historic District Commission, requested that the Planning Commission add the HOC to the list of reviewing agencies for all development proposals on properties where historic structures are located.She said that the Washington County Network has selected 13 people that would constitute an Ad-hoc Committee to the HOC for review of preliminary consultations and subdivision plats for these development proposals.The Historic District Commission would respond to the Planning staff and developer with information on alternatives to the possible demolition of a historic structure.Dr.Johns made a motion to add the HOC to the list of reviewing agencies for all development proposals if a historic structure is involved.Seconded by Mr.Roulette.So ordered. Preliminary Consultations: Manny Shaool: The written summary for Manny Shaool was presented to the Planning Commission for its information with nothing to be added by the staff.No action was taken by the Commission. Charlton Brothers Transportation: The written summary for Charlton Brothers Transportation was presented to the Commission for its information with nothing to be added by the staff. No action was taken by the Commission. Salem Manor Estates: Mrs.Pietro presented the preliminary consultation for Salem Manor Estates. The site is located along Salem Church Road.Zoning is Agricultural.The owner is proposing to create 60 lots for residential use on 84 acres.The Health Department stated during the consultation that water quality is poor in the area and in order for them to approve the lots,test wells must be done for each lot.The developer is looking into the possibility of extending water lines from Garden Spot to this development.This property is located outside the Urban Growth Area and has a W-7 and S-7 classification.If water service is provided to the site,an amendment will be required to the Washington County Water and Sewerage Plan.The proposed panhandles will be changed to be served by a cul-de-sac.No action was taken by the Commission. Walnut Point Heights: Mrs.Pietro presented the preliminary consultation for Walnut Point Heights.The site is located at the intersection of Cearfoss Pike and Walnut Point Road.The owner is proposing to purchase Agricultural zoned land for single-family residential use and to extend a commercial area to include Highway Interchange zoned property.The owner may possibly request the rezoning of 27 acres to Highway Interchange use for uses as a commercial area.No action was taken by the Commission. 16 Foot Roads: Mr.Roulette informed the Commission that Mrs.Trumpower has contacted the County Commissioners regarding a variance request that the Planning Commission approved in 1988 along Barnhart Road.Since January of 1989,the County Engineer has developed a policy that any development on roads less than 16 feet,the roads would need to be upgraded prior to any subdivision being permitted.Since Mrs.Trumpower received the variance request,she made committments to sell the newly created lots prior to the 16 foot road width policy taking effect.Mrs.Trumpower is requesting that the condition of upgrading Barnhart Road be reversed since the variance was granted prior to that policy taking effect.Mr.Roulette said he contacted the County Attorney regarding this matter.The County Attorney stated that the Planning Commission should reconsider the condition placed on the variance regarding Barnhart Road being upgraded prior to subdivision.Mr.Iseminger 85 said he has no problem with changing the conditions made on the variance request.He added that since Barnhart Road is substandard,Mrs.Trumpower should participate,to a certain extent,on the upgrading at such time in the future. After a discussion,Mr.Iseminger made a motion to remove the requirements of upgrading Barnhart road for those three lots only and that if any subdivision will occur in the future,Mrs.Trumpower must participate in the upgrading.Seconded by Mr.Roulette.Mrs.Johnson abstained.So ordered. Workshop Meeting: The Planning Commission will hold a workshop meeting on Tuesday,August 15 at 8:30 A.M.in the Planning Commission conference roam on the third floor of the County Office Building to discuss Sterling Oaks Mobile Horne Park and College Plaza. ADJOURNMENT: There being no further business,the meeting adjourned at 10:30 P.M. 86 ~f)r1.~(.,.~~0V . Ilona.ldE.Zamoro, ,vL WASHINGTON COUNTY PLANNING COMMISSION WORKSHOP MEETING -AUGUST 15,1989 The Washington County Planning Commission held a Workshop Meeting on Tuesday,August 15,1989 in the Planning Commission's conference room on the third floor of the County Office Building. Members present were:Donald E.Zornbro,Vice-Chainnan;Richard E.Roulette, Ex-Officio;Dr.Ray Johns;Bertrand L.Iseminger;Carol Johnson;and Donald Spickler.Staff:Director,James P.Brittain;Associate Planner,Lisa Kelly Pietro;and Secretary,Janet L.King. The meeting was held to continue the discussion from the August Regular Meeting regarding the site plans for Sterling Oaks Mobile Home Park and College Plaza and also to discuss a proposed text amenmnent to the Subdivision Ordinance on panhandle lots. CALL TO ORDER: The meeting was called to order by the Vice-Chainnan at 8:30 A.M. Sterling Oaks Mobile Home Park: Mr.Brittain infonned the Planning Commission that the County Commissioners enacted the amenmnent to the Zoning Ordinance making mobile home parks and/or subdivisions in the Agricultural district a Special Exception use and -therefore requiring the Board of Zoning Appeals approval prior to the issuance of a building pennit.Density on these parks and/or subdivisions has been reduced to 2 units per acre with the availability of public water. Since Mr.Spickler was not present at the August Regular Meeting,Mrs. Pietro briefly explained the proposed site plan.She said that the site is located along Sterling Road.The developer is proposing 188 mobile home rental units on 50 acres.The site will be developed in phases with phase 1 consisting of 120 units and phase 2 consisting of 68 units.The proposed street system will be private and maintained by the developer.Floodplain is located on the site which will effect construction of phase 2.Lighting and sidewalks are proposed along the street system. Mr.Brittain asked Carrie Stamper,the developer,what action she is requesting from the Planning Commission.Ms.Stamper said she is requesting conditional approval of the site plan.Condition of approval to be based upon receipt of infonnation from the Department of Natural Resources resolving the floodplain issue. Mr.Roulette reiterated the comment made by Mr.Brittain regarding the amenmnent to the Zoning Ordinance.He added that since the amenmnent became effective August 12,1989,this plan is considered moot.Mr.Roulette said the only way that this plan is not considered a moot issue,would be if the developer can prove that there is a vested zoning interest in the property and that substantial construction has begun.Mr.Holsinger,consultant - Associated Engineering Sciences,said that he and his client are aware of the change to the Zoning Ordinance.He is asking that the Planning Commission give them direction as to whether it can be approved or what the next steps would be to obtain approval on the plan.Mr.Roulette said that the fact that the Zoning Ordinance has been changed,the Planning Commission cannot consider the site plan for approval since the law does not pennit this type of development in an Agricultural district.Mr.Spickler added that the Commission could vote to disapprove the site plan because it does not meet the requirements of the Ordinance.He said the Planning Commission could suggest to the developer that a revised site plan be submitted that is in compliance with the Ordinance.Ms.Stamper added that a decision needs to be rendered based on the submitted plan,not a revised one. 87 Mrs.Johnson said she would like the opinion from the County Engineer regarding the access into the property from Route 11 (Virginia Avenue)and the concerns on additional traffic that may be generated if a convenience store is constructed since these items were brought up during the August Regular Meeting.Mr.Iseminger said if the developer submits a revised site plan,these concerns may not be valid since density will change. Dr.Johns stated that he feels that Milcar Construction Company has been treated unfairly.He added that the plan was designed to meet the requirements of the Zoning Ordinance and the Planning Commission should consider the plan for approval.Dr.Johns said that if this plan is being denied due to the floodplain on the site,Milcar is again being treated unfairly.He added that the Planning Commission recently approved a development north of Hagerstown that had several lots located within the floodplain.Regarding the recent approval,Mr.Brittain said that the F.E.M.A.maps were being considered for possible revision that would remove the floodplain completely from that site and until finalized,the Planning Commission had required all affected lots to be removed from the plat.In this case,the floodplain boundary delineatation needs to be addressed by Water Resources Administration as the F.E.M.A.map and the lOa-year floodplain boundary identified by the consultant on the site plan do not correspond. Upon completion of discussion,Dr.Johns made a motion to deny the site plan based on a change to the Zoning Ordinance effective August 12,1989 since the plan does not comply with the regulations.Mrs.Johnson seconded.So ordered. College Plaza Mrs.Pietro presented the revised site plan for College Plaza.The site is located along the southeast side of Robinwood Drive.The original site plan was previously approved in 1983.In September,1988,the developer requested to revise the original site plan and show a reduction of the right-of-way dedication in front of College Plaza from 75 feet to 40 feet. This reduction would allow for the placement of a commercial building closer to Robinwood Drive than previously approved.The revised site plan has been revised to show the new building and parking lot location.Since this building has been relocated,the required 154 parking spaces has been reduced to 137.In order to meet the requirements of the Zoning Ordinance, the developer is proposing to add an additional 34 parking spaces to the rear of the existing retail building and adjacent to the townhouse development.The developer is also proposing a connection from the proposed parking area to the parking area which serves the townhouse lots.The Planning staff suggested to remove this connection to eliminate a constant flow of residential traffic through the retail parking area.Mr.Sheedy said the primary access to the site is via the existing street.The proposed parking area will be used as a secondary access in case of emergencies.He added that the Planning Commission should determine if the connection should be eliminated and not the Planning staff. Mr.Iseminger asked if the site plan meets all the requirements of the Zoning Ordinance.Mrs.Pietro said that Mr.Prodonovich,Zoning Administrator,has requested additional landscaping since some of the existing trees and shrubs have died.Mr.Sheedy stated that he has no problem with installing additional landscaping. Mr.Zombro said during the August regular meeting that there were concerns with pedestrians having to cross streets to get to the buildings.He said that when he visited the site,he noticed an entrance between two buildings.Mr.Zombro suggested installing a sidewalk from the proposed parking area to the rear of the existing buildings.This sidewalk should extend along the back until midway where the buildings part.Mr.Sheedy said he has no problem installing a sidewalk.He added that the primary use for the proposed parking area is for employee parking only.Mr.Iseminger asked if the developer has any plans to pave the gravel area to the rear of the existing building.Mr.Sheedy said he will not be paving that area at this time,but if its economically feasible,he may in the future. 88 Mr.Iseminger said he has no problem with the proposed building location or layout as long as the sidewalks are installed.He added that this should be the ideal location for the building due to the topography of the site.Mr. Iseminger said he has concerns with developers ignoring the decisions of the Planning Commission.He added that since the Planning Corrnnission has the opportunity to review this project again,paving should be installed between the storage area and the existing building to make the site more functional and aesthetically pleasing.Additional landscaping should be installed to the entire site.Dr.Johns said that the proposed parking area and sidewalks should be lit for employee safety.Mr.Brittain added that the lighting should not be in conflict with the residential area.Mr.Sheedy said he has no problem with the additional landscaping,the sidewalks or the lighting.He said he was not in favor paving the gravel area between the storage areas and the existing building since these are serving as accessory uses for the retail stores.Mr.Iseminger suggested to pave the gravel areas just to the parking area and Mr.Sheedy agreed. Mr.Brittain asked the Planning Corrnnission to clarify what improvements need to be made to the site plan.He asked Mr.Sheedy if he wants the connection between the residential and corrnnercial areas.Mr.Sheedy said yes.He added that its a reasonable request since the access through the proposed parking area will be used as a secondary access in case of emergencies. After a discussion,by consensus,the Planning Corrnnission suggested to add the connection to the site plan with speed bumps through the parking area to slow down traffic. Mr.Iseminger made a motion to approve the revised site plan conditional on the developer providing sidewalks from the proposed parking area to the rear of the building to connect with existing sidewalks;a landscaping plan for the entire site;adequate lighting must be provided to the proposed parking area and sidewalks but not to interfere with the adjacent townhouse units; the area to the rear of the building must be paved to the beginning of the storage area;that a roadway connection will be provided from the proposed parking area to the adjacent residential parking area with speed bumps installed at each end;and that signs stating employee parking be placed at the proposed parking area.Dr.Johns seconded.So ordered. Proposed Text Amendment for Panhandles: Mrs.Pietro presented to the Commission an outline on a proposed text amendment to the Subdivision Ordinance regarding panhandles.She added that current requirements for Frederick and Carroll Counties were utilized as a guideline for these proposed requirements.The proposed requirements consist of 1)not more than 2 panhandle lots may have adjoining driveway entrances to a public right-of-way,2)the stacking of panhandle lots for more than 2 tiers of lots is prohibited,and 3)the length of each panhandle shall not exceed 500 feet.The length of the panhandle was determined by information obtained from the fire companies.The length of fire hoses carried is 1000 feet,from which two lines are run.Therefore,for safety purposes,500 feet was recommended to be the maximum length. Dr.Johns said he understands the fire companies'concerns.He suggested reducing the maximum length to 400 feet given consideration for lot size criteria in an Agricultural district.Mr.Brittain said that lot size criteria in a Conservation district should also be given consideration.Dr. Johns stated that residential development should not be encouraged in a Conservation district. Mr.Roulette said that even a 400 foot maximum length would not be restrictive enough.He suggested to make panhandles a variance.He said the Corrnnission could determine a maximum amount of panhandles permitted,and after that point,based on a hardship,a variance could be granted.Mr. Brittain added that Frederick County permits only 5 panhandles from the original tract for minor subdivisions.He also said that Frederick County does not permit panhandles off a public road in a major subdivision (5 lots or more). 89 After a discussion,by consensus,the Planning Cormnission agreed to reduce the proposed length of panhandles to 400 feet.The Cormnission supported the staff's suggestions on the panhandle requirements for the proposed text amendment with the exception of adding that panhandles will not be permitted within major subdivisions (5 lots or more). ADJOURNMENT : There being no further business,the meeting adjourned at 10:15 A.M. 90 ~Qy:!lj c bonald E;-'Zamhro, ~19 e-L:hairman / WASHINGTON COUNTY PlANNING COMMISSION REGUIAR MEETING -SEPTEMBER 11,1989 The Washington County Planning Commission held its regular meeting on Monday,September 11,1989 in the second floor conference room of the County Office Building. Members present:Vice-Chairman,Donald E.Zombro;Ex-Officio,Richard E. Roulette,Dr.Ray Johns,Bertrand L.Iseminger,and Donald Spickler. Staff:Director,James P.Brittain;Senior Planner,Stephen T.Goodrich; Associate Planners,Timothy A.Lung and Lisa Kelly Pietro;Assistant Planner,John Gudmundson;Director of Planning and Review;Gary W.Rohrer; Director of Permits and Inspections;Paul Prodonovich,and Secretary,Janet L.King. CALL TO ORDER: The meeting was called to order by tl,e Vice-Chairman at 7:00 P.M. MINUTES: Dr.Johns made a motion to approve the minutes of the August regular meeting as presented.Seconded by Mr.Iseminger.So ordered. Mr.Iseminger made a motion to approve the minutes of the August 15,1989 workshop meeting as presented.Seconded by Mr.Spickler.So ordered. Members Carol Johnson and Steve West arrived at 7:10 P.M. NEW BUSINESS: Variances: Gregory and Nora Slick: Mrs.Pietro presented the variance for Gregory and Nora Slick.The site is located along the southeast side of Blue Mountain Road in Edgemont.Zoning is Conservation.The Slicks are proposing to purchase a 10 acre tract from Allen Cool.Mr.Cool owns 58 acres along a section of Blue Mountain Road just beyond the point where County road maintenance terminates.The variance is being requested from Section 405.11.B which requires that new lots have a minimum 25 feet of public road frontage.The Slicks will have access onto the private maintained section of the road via a deeded right- of-way.Mr.Slick has contacted adjacent property owners for any objections to using the right-of-way and he received none.The Planning Commission recently granted a variance for the creation of a lot without public road frontage along the south side of Blue Mountain Road with the condition that additional right-of-way be conveyed. Mr.Spickler said all variances must be granted on the basis of a hardship and asked Mr.Slick what was his hardship.Mr.Slick stated that his hardship is that the lot has no road frontage.Mr.Spickler said if there is no road frontage,ilie lot should not be subdivided.Mr.Roulette added that ilie hardship is that there is no public road that the lot can front on.Due to the topography of the site,ilie lot is landlocked but has a proposed right-of-way for access purposes. Mr.Iseminger asked Mr.Slick what was the condition of the right-of-way. Mr.Slick said there would be a problem taking a 2-wheel drive vehicle over the lane,but a 4-wheel drive vehicle could pass.Mr.Iseminger said the lane must be upgraded to allow emergency vehicles to access the lot. Dr.Johns said residential development without public road frontage should not occur in the Conservation district.Since emergency vehicles need to access the lot,Dr.Johns made a motion to deny the variance request. Seconded by Mr.Spickler.So ordered. Mr.Slick asked if iliis decision could be appealed.Mr.Zombro said all appeals of the Planning Commission's action are brought before the Board of Zoning Appeals. 91 16 Ebot Roads: Mr.Gudmundson presented the preliminary and final subdivision plat for Robert Fischel.The site is located along Clopper Road.Zoning is Agricultural.Mr.Fischel is proposing to create a 2.86 acre parcel with approximately 20 acres remaining.Mr.Fischel will retain ownership of the 2.86 acre parcel and will sell the remaining lands.A 350 foot panhandle will be reserved for possible future access to the remaining lands.The County Engineer has denied the subdivision request since Clopper Road is less than 16 feet in width. Lee Royer,consultant,said that Mr.Fischel is now proposing to create three lots along Clopper Road instead of two.Mr.Royer added that the remaining lands will be subdivided into two lots. Mr.Spickler said that he would like to defer action on this request until the County Engineer and the other reviewing agencies can look at the proposal for the third lot. Mr.Roulette said that in the past,the developer was informed that in order for the subdivision to be approved,he must participate in the cost of upgrading the road to current County road width standards. Dr.Johns made a motion to approve the preliminary and final subdivision plat and proposed additional lot with the condition that the developer reach an agreement with the County Connnissioners regarding the requirements to upgrade Clopper Road to current County standards.Seconded by Mrs. Johnson.Mr.Iseminger abstained.So ordered. Subdivisions: Robins Glenn: Mr.Lung presented the preliminary subdivision plat and site plan for Robins Glenn,Sections A,B,and C.The site is located along the east side of Robinwood Drive.The owner is proposing to construct 171 townhouse units on 20 acres.Zoning is Residential,Multi-family,and the density is 8.55 units per acre.A preliminary consultation was held in September 1988 and the Planning Commission reviewed the concept plan in October 1988.The Planning Corrnnission previously granted variances to permit some of the townhouse units to front on private parking areas and for sidewalks to be located outside the County's right-of-way.The owner is proposing to construct 29 townhouse clusters with 4 to 7 units per cluster.Some of the townhouses will have frontage on private parking areas,the others will front on the public road.The units fronting on the public road will have individual driveways.A total of four play areas are proposed.The sidewalks will connect from the townhouse units to the play areas and bus waiting areas.A total of 381 parking spaces are proposed with 8 RV spaces.A minimum of one deciduous and evergreen tree will be provided per lot.Additional plantings are provided in the open space areas and screen planting of white pines will be installed along Robinwood Drive.The site will be served by public water and sewer.The Planning staff requested revisions to the plan regarding handicap ramps,a landscaping schedule,and play area details.The consultant stated that these revisions have been made.The staff had concerns regarding the configuration of lot 117.The corner of this lot pertrudes into a common green area associated with one of the parking areas.The sidewalk also terminates at each side of the lot. Ibe staff suggested that the townhouse cluster be shifted or lot 117 eliminated to correct this problem.Gray Hebb with Fox and Associates said that the sidewalk could be extended across the property line and that the home owners association would be responsible for the maintenance of the sidewalk. Mr.Lung stated that approvals have been received from all of the approving agencies,however,the site plan has not been signed by all of the agencies.Mr.Lung noted that the County Engineer's approval letter included a list of items to be included on the final plat.Homeowners association documents will be submitted along with the final plat. 92 Following a discussion,Mr.Roulette made a motion to grant preliminary plat and site plan approval conditional on the resolution of the sidewalk location along lot 117.Seconded by Mr.Iseminger.So ordered. George Burtner: Mr.Gudmundson presented the preliminary and final subdivision plat for George Burtner,lots 10,11,and 12.The site is located along Broadfording Road,.5 miles east of Rockdale Road.Mr.Burtner is proposing to subdivide three lots plus a parcel to be transferred via simplified plat procedures. Lot sizes are approximately 1.3 acres.The simplified plat will transfer a 6 acre parcel to be added to previously approved lot #2.The proposed lots will be served by wells and septic systems.All agency approvals have been received.Dr.Johns made a motion to grant preliminary and final plat approval.Seconded by Mr.Iseminger.So ordered. Frances Daugherty: Mr.Gudmundson presented the preliminary and final subdivision plat for Frances Daugherty,lots 1 through 3.The site is located along Red Hill Road,just south of Dogstreet Road.Zoning is Conservation.The owner is proposing to subdivide approximately 10 acres into three lots.Lot sizes will be 3 acres.A total of 3 acres will be remaining.All agency approvals have been received.Mr.Iseminger made a motion to grant preliminary and final plat approval.Seconded by Mr.Spickler.So ordered. Lime Kiln Estates: Mrs.Pietro presented the preliminary subdivision plat for Lime Kiln Estates,lots 3 through 24.The site is located along the northwest side of Nicodemous Mill Road.Zoning is Agricultural.The developer is proposing to create 22 residential lots on approximately 140 acres.Proposed lot sizes range from 2 to 13 acres.All proposed lots except lots 23 and 24 will have access onto a new County road.Twelve of the 22 lots will be served by panhandles.The proposed panhandles average in length from 500 to 1500 feet.Private wells and septic systems will serve the site.The Health Department has given its conditional approval based on test well results.lhe County Engineer has given his conditional approval with revisions to be made to the final plat.The County Engineer also has concerns with the length of the panhandles.During the preliminary consultation,the County Engineer had concerns on the length of the panhandles and the adequacy of the roads in the area as a result of substandard bridges on Nicodemous Mill Road and King Road.Since the consultation,the County Engineer has given his approval.He feels there are two other adequate accesses from this site to Route 34 and Route 67. Dr.Johns said this development needs to be served by an internal street system that would eliminate the excessive lengths of the panhandles.He added that at some point in the future,some of these lots could be further subdivided. Mr.Rohrer said that he would discourage this type of development because of the proposed Adequate Public Facilities Ordinance and the number and length of the panhandles. Russ Townsley with Fox and Associates said there were problems with perculation testing and that is why the lots are the stated size.He said the concept plan was reviewed by the Planning Corrnnission with no mention on the length or the number of the panhandles,which gave the developer the direction to proceed with the subdivision. Mr.Iseminger made a motion to deny the preliminary subdivision plat based on the length and number of the panhandles due to safety purposes.Seconded by Mrs.Johnson.So ordered. Mr.Roulette said the Planning Corrnnission should give the developer some ideas on how this project should be developed.He suggested the developer use the proposed panhandle text amendment as a guide.Mr.Iseminger said to construct an internal street to adequately serve the project.Mr.Carlisle asked if additional lots could be proposed.Mr.Iseminger said there would 93 be no problem with additional lots but the County Engineer will need to review the road system in the area to determine the adequacy.Mr.Brittain said if additional lots are proposed,another consultation should be held with interested and affected agencies. Board of County Commissioners,Parcel M-Rampf Molds: Mr.Lung presented the preliminary and final subdivision plat and site plan for the Board of County Commissioners -Parcel M,Rampf Molds,located along Maryland Route 144 and the Western Maryland Parkway in the Washington County Business Park.Zoning is Industrial General.Rampf Molds is proposing to purchase the 7 acre property and construct a 168 foot x 200 foot building for a concrete molds manufacturing plant.Parking is proposed along the north side of the building towards Route 144.The loading area will be located along the south side of the building with the entrance off Western Maryland Parkway.Landscaping will be provided around the building.The site will be served by public water and sewer.All agency approvals have been received.The fire hydrant location has been changed based on comments received from the Halfway Volunteer Fire Compm1y.Mr.Roulette added that Rampf Molds is an excellent company and will be beneficial to the economic growth for the County.Mr.Spickler made a motion to grant preliminary and final plat and site plan approval.Seconded by Mrs.Johnson.Mr.Roulette and Mr.Iseminger abstained.So ordered. Bob Wiles: Mr.Gudmundson presented the preliminary and final subdivision plat for Bob Wi:les,lots 1 through 4.The site is located along the east side of the Downsville Pike.The owner is proposing to create four residential lots with sizes being 1 acre each.Proposed lots 1 through 3 will be conveyed to family members with access via a private right-of-way.Lot 4 will have access via an existing drive through an area reserved for a street stub off Downsville Pike.The private right-of-way is approximately 600 feet in length.The State Highway Administration has given its approval of these four lots but any further subdivision will require a commercial entrance permit.The site will be served by wells and septic systems.All agency approvals have been received. After discussing the length of the private lane and the future street stub, Dr.Johns made a motion to grant preliminary and final plat approval. Seconded by Mrs.Johnson.So ordered. John Rosenberry: Mr.Gudmundson presented the preliminary and final subdivision plat for John Rosenberry,lots 1 through 3.The site is located along U.S.Route 40. The Planning Commission previously granted two variances for this site;1) access spacing for the entrance locations for lots 1 and 2,and 2)create lot 3 without public road frontage.Proposed lots 1 and 2 will be 1 acre in size and lot 3 will be 3 acres.State Highway Administration has given its approval with the condition that no future subdivision can occur using the entrance location of lot 3 due to poor sight distance.The proposed lots will be served by wells and septic systems.All agency approvals have been received.Mr.Iseminger made a motion to grant preliminary and final plat approval.Seconded by Dr.Johns.So ordered. Clearspring Farms: Mrs.Pietro presented the preliminary and final subdivision plat for Clearspring Farms,lots 1 through 3.The site is located along the south side of Barnhart Road.Mr.Schnoomaker,developer,is proposing to create three lots for residential use with lot sizes being .9 acres each.A total of 185 acres is remaining.The proposed lots will be served by private wells and septic systems.Based on the County Commissioners'decision on the Mary and Wilbur Trumpower plats,the County Engineer recommended approval on the same basis for this subdivision.The County Engineer has given his approval by stating that entrance permits will be issued as long as sight distance requirements are met.All other agency approvals have been received.Mr.Iseminger made a motion to grant preliminary and final plat approval with the condition that the developer reach an agreement with 94 the County Cormnissioners regarding the requirements to upgrade Barnhart Road,and that no further subdivision will be permitted along the remaining portion of Barnhart Road until its brought up to current County road width standards.Seconded by Dr.Johns.So ordered. Site Plans: Dr.Al Smith -Medical Office: Mrs.Pietro presented the site plan for Dr.Smith's medical office.The site is located between Oak Hill Avenue and the Leitersburg Pike.Zoning is Residential Urban.Dr.Smith is proposing to construct a 50 x 45 foot building on .4 acres to be used for a dentist office.Proposed entrance and exit is off Oak Hill Avenue and Leitersburg Pike.A total of 21 parking spaces are provided.Signs and lighting will be building mounted.A total of 5 employees are proposed with approximately 25 patients per day. Landscaping and sidewalks are provided around the building.A variance was granted from the Board of Appeals to construct the office on this site since zoning is Residential Urban.All agency approvals have been received.Mr. Spickler made a motion to.grant site plan approval.Seconded by Mr. Iseminger.So ordered. Gorham,Inc.: Mrs.Pietro presented the site plan for the expansion of Gorham,Inc.The site is located along the northwest side of Industrial Lane in the Interstate Industrial Park.The developer is proposing to add to the existing building a 60 ,000 square foot addition for warehouse use.The current building ecompasses 107,000 square feet.Total area after the expansion will be 167,000 square feet.The ~xisting landscaping is adequate.The parking area around the existing loading area has been increased to serve the proposed addition.All agency approvals have been received.Mr.Spickler made a motion to grant site plan approval.Seconded by Mr.Iseminger.So ordered. Preliminary Consultations: Woodbridge: Mr.Lung presented the preliminary consultation for Woodbridge.The site is located along the east side of Robinwood Drive.Zoning is Residential Suburban with a P.U.D.overlay.The property currently has an approved concept plan called Youngstoun II.The approved P.U.D.concept plan consists of a mixed use of single-family homes,townhouse units and a cormnercial area.This proposed plan consists of 234 single-family residential lots and a cormnercial area on 104.7 acres with lots ranging in size from 10,000 to 30,000 square feet.The site will be served by public water and sewer.If the proposed plan is approved,the P.U.D.concept plan will be withdrawn.During the consultation,the developer was informed that the proposed cormnercial area must be removed since cormnercial uses are not permitted in the Residential Suburba.n zoning district.A rezoning would have to take place in order for the property to be developed cormnercially. The County Engineer was concerned with the traffic that will be generated and he requested a traffic study for this project. Mr.Spickler suggested that the developer connect some of the interior streets for better access.Mr.Iseminger said this development will tie-in with the Hagerstown Junior College pumping station and asked who will be responsible for the improvements to the pumping station.Mr.Lung said that according to Water Pollution Control,the pumping station has adequate capacity to serve this site and more. Mr.Spickler suggested a connection from this development onto Keefer Funk Road.Mr.Lung said the County Engineer was opposed to a connection because he did not want to create a by-pass from the Cavetown/Route 64 area. Dr.Johns stated that if the streets are inter-connected,sidewalks should be provided.He also suggested that the County Engineer review the possibility of connecting this development with Keefer Funk Road.Mr. Iseminger suggested that some open space be provided and that it be tied in 95 with the adjacent planned section of Youngstoun.No action was taken by the Commission;however,recommendations were made to the developer to connect some of the interior streets. Hess Center: Mr.Lung presented the preliminary consultation for the Hess Center.The site is located along the east side of Route 34,on a parcel subdivided out of the Marcum Farm.The owner is proposing to create five residential lots on approximately 8 acres with lots being approximately 1 acre.Zoning is Agricultural and is within the AO-2 zone.This site lies directly behind the Business General zoned portion of the 20 acre tract.A site plan was previously approved by the Commission for the construction of a shopping center on theBG portion of the site.Private wells and septic systems will serve the site.The developer was considering providing public water to the site,but during the consultation,he was informed that an amendment to the Water and Sewerage Plan would be required to establish a water service classification.If public water is provided,the density could be doubled. Steve Zoretich,consultant,added that the density will be limited due to the difficulty of obtaining adequate septic areas.The developer is proposing a total of 5 residential lots. No action was taken by the Commission. Orchard Heights: Mrs.Pietro presented the preliminary consultation for Orchard Heights.The site is located along the northeast side of Bain Road.Zoning is Agricultural.The owner is proposing to create 61 lots for residential use with minimum lot sizes of 1 acre.Total area of the site is 151 acres.The development will be served by a public street system and private wells and septic systems.The owner is proposing panhandles to serve some of the lots.During the consultation,it was suggested to redesign the lots to eliminate the panhandles.The developer had no problem with that suggetion.Mr.Spickler suggested to complete the loop for a more beneficial design.No action was taken by the Commission. Thomas Pittman: Mrs.Pietro presented the preliminary consultation for Thomas Pittman.The site is located along the south side of East Longmeadow Road.Zoning is Residential Suburban.The developer is proposing to create 48 lots for residential use on 83 acres.Lots will be approximately 1 acre in size.A public street will be constructed to serve the project with one access location onto Longmeadow Road.Public water and private sewer will serve the site.The Commission recommended that the proposed street be extended to eliminate the need for panhandles.No action was taken by the Commission. Garden Spot,Section H: The written summary for the preliminary consultation on Garden Spot,Section H was presented to the Commission with nothing to be added by the staff.No action was taken by the Commission. OTHER BUSINESS: 96 RZ-429 -Text Amendment Panhandles: The staff report was presented to the Planning Commission regarding the proposed text amendment to the Subdivision Ordinance for panhandle lots. The Commission discussed changing the wording •••inaccessible to the road •••to ••,inaccessible to public roads •.• After discussing existing submitted plans with proposed panhandles;if the text amendment is approved,all existing plans must be submitted to the Planning Commission for approval. Dr.Johns made a motion to recommend to the County Commissioners the approval of RZ-429 with clarification of the intent of paragraph 2 (Section 405.112.G.2).Seconded by Mr.Spickler.So ordered. Urban Growth Area Study: Mr.Brittain said the City of Hagerstown is interested in re-enacting the Urban Growth Area Study,and specifically the Eastern Boulevard corridor study.He added that Mrs.Pietro will be the staff's representative on the Eastern Boulevard project,and there should be two Planning Commission members on the Committee as well.Dr.Johns volunteered to serve on the Committee. Demolition Permit: Mr.Goodrich said an application for a demolition permit was received in the Permits Office for a structure listed on the County's Historic Sites Survey and known as the Antietam Store.The Historic District Commission has reviewed the application and has suggested alternatives to demolition. After a discussion,by consensus,the Commission supports the Historic District Commission's recommendation. ELECTION OF OFFICERS: Mr.Iseminger made a motion to nominate Mr.Zombro as Chairman of the Washington County Planning Commission.Seconded by Mr.Roulette.So ordered. Mr.Spickler made a motion to nominate Mr.Iseminger as Vice-Chairman and Mrs.Johnson made a motion to nominate Dr.Johns.After a secret vote,Mr. Iseminger was elected Vice-Chairman of the Washington County Planning Commission.So ordered. AJOURNMENT: There being no further business,the meeting adjourned at 11:30 P.M. 97 ~(~ca Donald E.Zombro, ,~ \.N$., WASHINGTON COUN1~PLANNING C01~SSION REGULAR MEETING -OCTOBER 2,1989 The Washington County Planning Commission held its regular meeting on Monday,October 2,1989 in the second floor conference room of the County Office Building. Members present:Chairman,Donald E.Zombro;Vice-Chairman,Bertrand L. Iseminger;Ex-Officio,Richard E.Roulette;Donald Spickler,Carol Johnson, and Steven West.Staff:Planning Director,James P.Brittain;Senior Planner,Stephen T.Goodrich;Associate Planners,Timothy A.Lung and Lisa Kelly Pietro;Associate Planner,John Gudmundson and Secretary,Janet L. King. CALL TO ORDER: The meeting was called to order by the Chainnan at 7:00 P.M. MINUTES: Mr.Iseminger said he needs to be added as being present to the minutes of the September regular meeting.Mr.Zombro said the wording of the appeals process should be changed to •••all appeals of the Planning Commission ••• Mr.Iseminger made a motion to approve the minutes as amended.Seconded by Mrs.Johnson.So ordered. NEW BUSINESS: Variances: Hazel Revell: Mr.Gudmundson presented the variance request for Hazel Revell.The site is located along the east side of Licking Creek,near Keefer Road.The owner is proposing to convey a 6 acre parcel to the Nature Conservancy for the purpose of preserving its natural habitat.The variance is being requested from Section 405.1l.B of the Subdivision Ordinance which states that every new lot shall abut a public road.Mr.Spickler made a motion to grant the variance.Seconded by Mr.West.So ordered. 16 Foot Roads: Natural Well Estates: Mr.Gudmundson presented the proposed concept for Natural Well Estates.The site is located along the south side of Natural Well Road.This parcel encompasses approximately 61 acres which was preViously subdivided as a simplified plat.The owner is now proposing to develop this parcel as one lot.The pavement width of Natural Well Road is approximately 14 to 15 feet.The County Engineer has stated that Natural Well Road is substandard to handle the additional traffic that will be generated if this parcel is developed.He also based his disapproval on poor sight distance due to a hump in the road.A 641 foot long panhandle will serve the property with access off Natural Well Road. Several residents of the area expressed concerns by stating that Natural Well Road is too narrow,sight distance is poor and decreasing water supply and well contamination may occur from additional homes being built.A letter was also submitted from the residents outlining their concerns. After a discussion regarding the proposal,Mrs.Johnson made a motion to table this request until the Commission can take a field trip to view the site.The Commission directed the staff to review the simplified plat process and the procedures necessary to develop on lots created by utilizing this process.Seconded by Mr.West.So ordered. 98 Subdivisions: Antietam Acres: Mr.Gudmundson presented the preliminary subdivision plat for Antietam Acres,lots 5 through 13.The site is located along the west side of Garis Shop Road.The owner is proposing to create 9 lots for residential use. Proposed lots will range in size from .9 to 1.2 acres.A total of 160 acres is remaining.The lots will be served by private wells and septic systems. A proposed street will serve the future development of the remaining lands. The County Engineer has requested site gmding plans for lots 8 and 9.The staff is asking for preliminary approval with final approval to be granted by the staff once the County Engineer's approval is received.Mr.Roulette made a motion to grant preliminary plat approval conditional on the receipt of the County Engineer's approval.Seconded by Mr.Wes t •Mr.Iseminger abstained.So ordered. Site Plans: Foxshire Plaza: Mrs.Pietro presented the site plan for Foxshire Plaza.The site is located along the west side of the Dual Highway,just east of Howell Road.The developer is proposing to construct a shopping center with retail and office space and a branch bank.The site encompasses 3.9 acres and zoning is BG. The retail and office space will encompass 45,000 square feet and the bank will be 2,200 square feet.Public water and sewer will serve the site with line extensions from Route 40 (Dual Highway)and Howell Road.Dumpsters will be located to the rear of the site and will be enclosed.A 6 foot high wooden fence will be installed along a portion of the southern property line in order to shield the adjacent residents.Landscaping is proposed thrOUghout the parking area and along two-thirds of the southern property line which borders the adjacent residential area off Beverly Drive.A total of 12 pole mounted lights with a height of 35 feet are proposed for the parking area.Signs are to be located in front of the shopping center and bank.A combined entrance/exit will be constructed at two locations along the Dual Highway for access.A minimum of 187 parking spaces are required, a total of 197 spaces are provided.'rhe staff has concerns that if the retail space increases,there may not be enough parking.(Approximately 2110 spaces may be required.)The State Highway A&ninistration has reviewed the traffic study that was performed and has stated that the development will not have an adverse effect on the area.State Highway Administration suggested the following:1)An entrance to the rear of the site onto Howell Road.(The County Engineer has disapproved this suggestion.)2)The construction of a 4 foot high monolithic concrete median to prevent traffic exiting the northern most access from immediately crossing two lanes of traffic.3)Relocate the u-turn median opening to align with the entrance of Beverly Drive.The developer has agreed to make all the changes as recommended by the State Highway Administration,excluding the entrance onto Howell Road.Stormwater runoff will be diverted along the front and rear of the site and will cross Howell Road.An agreement is being made between the County and the developer to construct a pipe under Howell Road to divert runoff into the Antietam Creek.The County Engineer's approval is based on this agreement.All other agency approvals have been received.The staff is recommending approval based on State Highway Administration comments being made.Mr.Iseminger made a motion to grant site plan approval conditional on receipt of the County Engineer and State Highway A&ninistration approvals.Seconded by Mr.Spickler.So ordered. Gravely Center: Mr.Lung presented the site plan for the Gravely Center.The site is located along the east side of Eastern Boulevard.The owner is proposing to construct a 100 x 75 foot bUilding for a garden/tractor sales and service facility,and a tropical fish store.Total area of the site is 3.08 acres and zoning is BG.This property was rezoned from RS to BG in January, 1989.The rezoning was appealed to the Circuit Court.The Court ruled in favor of the County Commissioners to uphold the rezoning.That decision may possibly be appealed further.The County Attorney advised that the Planning Commission could act on the proposed site plan but any development on the 99 site would be at the owner's own risk.One entrance is proposed onto Easte~l Boulevard.A total of 18 parking spaces are proposed to the front of the bUilding and 6 spaces are proposed to the rear.Landscaping is provided around the building and to the rear of the site to buffer the adjacent residential properties.A private well and septic system will serve the site.All agency approvals have been received.Mr.Roulette said that during the rezoning hearing,the County Comnissioners requested that the entrance location be constructed as far to the south of the site as possible for better sight distance.Mr.Fred Frederick,consultant,said that due to a guard rail and a steep embankment,the entrance as proposed is as far south as possible.Mr.Lung added that conditions of the rezoning are that only one entrance be constructed along Eastern Boulevard and that the site be developed as proposed on the site plan which was submitted during the public hearing.Mr.Spickler made a motion to grant site plan approval.Seconded by Mrs.Johnson.So ordered. Citicorp: Mr.Goodrich presented the site plan for Citicorp,Building II.The site is located in the southeast quadrant of State Line Road and 1-81.Access to Building II will be directly to State Line Road and Henson Boulevard. Public water and sewer will be from existing service lines on site which already serve BUilding I.Building II will consist of 136,000 square feet of office space.A total of 1556 parking spaces are proposed to serve the entire site (three buildings).A landscaping plan has not been provided but will be recei·ved once a bid has been awarded.The proposed lighting plan is consistent with the previous lighting plan for BUilding I.During the review of the site plan for Building I,there was a dwelling located orl the property north of the proposed new parking areas.If the dwelling still exists,a 50 foot landscape buffer between any improvements and the property line is required.All agency approvals have been received by the Permits Department except for the State Highway Administration.During review of BUilding I,the State Highway Administration stated that upon construction of any future bUildings,the additional traffic that will be generated must be reviewed to determine if the eXisting accesses need to be upgraded.Mr. Roulette made a motion to grant site plan approval with the condition of the receipt of State Highway Administration approval and the landscaping plan be submitted.Seconded by Mr.Spickler.Mr.Iseminger abstained.So ordered. OTHER BUSINESS: Robinwood Section III: Mr.Lung presented a revised concept plan for Robinwood Section III which is part of the Youngstoun POO.The site is located at the end of the existing Youngstoun Drive.The initial proposal called for tIle development of 6,12 unit apartment buildings (72 units total)to be located off a 475 foot extension of Youngstoun Drive,a public street.Parking was to be in 6 small lots separated from the street.The revised plan calls for the construction of 4 buildings with a total of 72 apartment units.The apartment buildings are now proposed to be served by a single,large 144 space parking lot with a single access onto the end of eXisting Youngstoun Drive with no extension of the public road.The original plan called for the required open space distributed evenly throughout the entire section with green space around the parking lots,the road and the 6 buildings.The revised plan canpresses the buildings and parking into a smaller area with most of the open space located in one large area along the east side of the development. After a discussion,the Commission,by consensus,approved the change in the concept for Robinwood Section III with the following recommendations to be included on the revised site plan.1)A detailed plan for tIle recreational area,2)speed bumps and 'Watch Children'signage in the parking lot,3)a raised island in tile parking lot to be used as a pedestrian crosswalk,and 4)the portion of the crosswalk within the traffic lane to be striped and signed.The d~veloper,Mr.Dan Sheedy,agreed to include the Commission's recommendations on the revised site plan.So ordered. 100 Preliminary Consultations: Eugene Albert: The written summary of the concept plan for Eugerle Albert was presented to the Corrmission with nothing to be added by the staff.No action was taken by the Corrmission. Kent I S Orchard: The written summary of the concept plan for Kent's Orchard was presented to the Corrmission with nothing to be added by the staff.No action was taken by the Corrmission. OTHER BUSINESS: Larry Crouse: Mr.Gudmundson presented the development plan for Larry Crouse.The site is located at the intersection of Mt.Briar,lllilbrook,and Trego Roads.The owner is proposing the development of a 12 acre parcel into four lots.Lot 1 has an eXisting house,lots 2 and 3 will be conveyed to his children and lot 4 will be conveyed to his parents.Lot 3 will be served by a 370 foot panhandle and lot 2 will be served by a 600 foot panhandle.The property is located on a steep slope and along a very bad curve.This site could be developed with lots 2 and 3 having no road frontage for conveyance to irrmediate members,however,the developer would rather use panhandles to serve the lots.This concept would conform with the County's proposal on the panhandle concept except for the length of the panhandle for lot 2.The Corrmission,by consensus,placed the burden of proof on the owner and his consultant to prove that their proposal is better suited to this site than one with the parulandles less than 400 feet long. WORKSHOP MEETING: The Planning Corrmission will hold a workshop session on Monday,October 16, 1989 at 8:30 A.M.in the Planning Corrmission's conference room to discuss rezoning cases that were heard in public hearing on September 18,the Planning Corrmission's work program and future goals of the Planning Corrmiss ion. ADJOURNMENT: There being no further business,the meeting adjournded at 9:30 P.M. 101 / WASHING'l'ON COUNTY PLANNING COMMISSION WORKSHOP MEETING -OCTOBER 16,1989 The Washington County Planning Commission held a Special Workshop Meeting on Monday,October 16,1989 at 8:30 A.M.in the Planning Commission's conference room on the third floor of the County Office BUilding. Present were:Chairman,Donald E.Zombro;Vice-Chairman,Bertrand L. Iseminger;EX-Officio,Richard E.Roulette;Carol G.Johnson,Donald L. Spickler,Steven B.West and Bernard Moser.Staff:Director of Planning and Review,Gary W.Rohrer;Planning Director,James P.Brittain and Associate Planner,Lisa Kelly Pietro. CALL TO ORDER: The meeting was called to order by the Chairman at 8:30 A.M. REZONING CASES: RZ-428 John R.Oliver Company: Mr.Iseminger made a motion to recommend to the County Commissioners that RZ-428 for the John R.Oliver Company be denied and that the Planning Commission adopt the staff's reports of August 25 and September 29,1989 as the Commission's findings of fact.Seconded by Mrs.Johnson.Mr.Roulette and Mr.Moser abstained.So ordered. RZ-378 (REMAND)Kenneth B'.Clements: l~.Moser retired from the meeting for the deliberation of RZ-378 (REMAND). The Planning Commission,upon discussion of the Staff Report and Recommendation,tabled,by consensus,RZ-378 (REMAND)for further deliberation at their regular meeting in November. Proposed Text Amendments: Mrs.Pietro outlined a proposed text amendment that would allow permanent identification signs for residential subdivisions.Currently,these signs are not a permitted use established in the Zoning Ordinance.The staff outlined several considerations for a text amendment;size restrictions, setback requirements,responsibility of maintenance,landscaping,number of signs permitted per subdivision,and lighting.Upon completion of discussion,the Commission,by consensus,directed the staff to draft a proposed text mnendment for their consideration at the November meeting. The Commission indicated that the staff should limit signs to one per entrance and that maintenance responsibility is to be that of the developer and not the County. CONVEYANCE TO IJVlMEDIATE FAMILY MEMBERS: The staff presented some concerns regarding the appropriateness of some conveyances to immediate family members utiliZing right-of-way (easements) to lots not having public road frontage nor access being from an existing lane.The staff suggested that the Commission give some consideration to a revision or text amendment to insure that this provision is utilized as intended.The Commission,by consensus,instructed the staff to place proposed subdivisions (1 and 2 lots)on the agenda for their review and approval in lieu of proposing any text amendments at this time. WORK PROGRAlVJ: Mr.Brittain reviewed the current work program of the staff as it relates to on-going day to day tasks and projects designed to accomplish goals of the adopted Comprehensive Plan.Discussion of the work program outlined tasks established by goals and policies of the Planning Commission and the Board of County Commissioners.After discussion of the work program,the Commission,by consensus,directed the staff to prepare a short description of each work item for their review and for the purpose of further discussion at a future workshop meeting. 102 ADJOURNMENT: There being no further business,the meeting adjourned at 12:15 P.M. ~J/' Donald E. 103 WASHINGTON COUNTY PLANNING COMMISSION WORKSHOP MEETING -NOVEMBER 6,1989 The Washington County Planning Commission held a Workshop Meeting on Monday, November 6,1989 in the Planning Commission's conference room on the third floor of the County Office Building. Members present were:Vice-Chairman,Bertrand L.Iseminger;Ex-Officio, Richard E.Roulette;Donald Spickler,Steven West,Bernard Moser,and Carol Johnson.Staff:Director,James P.Brittain;Senior Planner,Stephen T. Goodrich;Associate Planners,Timothy A.Lung and Lisa Kelly Pietro; Assistant Planner,John Gudmundson;and Secretary,Janet L.King.Absent was Chairman,Donald E.Zombro. CALL TC ORDER: The meeting was called to order by the Vice-Chairman at 6:30 P.M. REQUEST TC BE ADDED TC THE AGENDA: St.Lawrence Cement: Mr.John Urner,legal counsel,Dennis Lescalette and Gary Batey from Independent Cement,approached the Commission to request that the site plan for St.Lawrence Cement,Inc.be added to the agenda. ~.Lung informed the Commission that this site plan is for the quarry expansion so Independent Cement Corporation can expand their deep pit mining operation.The site is located along the south side of Old Forge Road.The expansion encompasses 109 acres.Mr.Lung gave a brief report on the status of the site plan application.As of the October 27,1989 deadline for the November meeting,the Department of Permits and Inspections had not received responses from the Surface Mining Division of the Department of Natural Resources nor Potomac Edison Company.Pursuant to Planning Commission policy,the site plan was not placed on the agenda.Since the October 27 deadline,comments have been received from the Surface Mining Division and Potomac Edison.The comments stated that further review or revisions would be necessary prior to approval.Mr.Lung added that the plan still does not address some of the comments made by the staff.The staff recommended to the Commission that the site plan not be added to the agenda.The plan is not ready for consideration of approval by the Planning Commission due to the fact that the other agency appr>ovals are still outstanding.The staff recommended that the Commission take a field trip to the site and that approval of the finalized plan be received from the Department of Natural Resources prior to the Planning Commission's review of the plan at one of its regular meetings. Mr.Urner concurred with the staff's account of the status of the application.He said that the letter from the Department of Natural Resources dated October 27,1989 states that all of their concerns have been addressed on the revised plan and they have given their approval.Mr.Urner stated in regards to the staff's concern about additional off-site truck traffic being generated from this project,there will be none.He added that there are no off-site hauling roads where dust will be a problem to the area.A note has been added to page 2 of the revised site plan stating this. After a discussion,Commission members agreed that since the agenda,along with a staff report on each item,is mailed approximately one week prior to the Planning Commission's meeting for reviewing purposes,this item should not be added to the agenda.Due to the scope and sensitivity of the item, review of the plan for conditional approval would not be appropriate.Mr. Spickler made a motion to deny the request to add the St.Lawrence Cement Corporation site plan to the agenda.Seconded by Mrs.Johnson.So ordered. 104 Robinwood Section III: Mr.Merle Holsinger with Associated Engineering Sciences presented a site plan for Robinwood Section III and requested that it be added to the agenda. Mr.Lung said he received the site plan for Robinwood Section III from the Department of Permits and Inspections on October 30,1989.Since the agenda was put together on November 1,there was not sufficient time to review the plan and prepare a staff report for inclusion on the November agenda. Mr.Holsinger said he submitted the site plan to the Permits Office on October 19.He added that approvals have been received from the County Engineer,Soil Conservation District and the Hagerstown Water Department. Mr.Holsinger informed the Commission that he is requesting that this plan be added to the agenda for approval.If the Planning Commission cannot grant approval,he requested that the staff be given the authority to approve the site plan once all agency approvals have been received. Mr.Spickler stated that the site plan should not be added to the agenda since the Commission did not receive any information on the project.Mr. Roulette informed the Commission that this proposal has been presented to the Commission in the past and revisions have been requested.He asked what changes have been made to the site plan.Mr.Holsinger said the revised site plan shows all the changes that the Planning Commission requested during the October meeting.Mr.Lung commented that the pur'pose of the review at the October meeting was to approve a change of the concept plan. Mr.Lung stated that the site plan appears to have addressed the comments the Planning Commission made on the concept plan,however,the staff has not given the site plan a thorough review nor have the comments from the other reviewing agencies been reviewed. Following a discussion,Mr.West made a motion to add the site plan for Robinwood Section III to the agenda and to give the staff the authority to approve the plan once all concerns are addressed.Seconded by Mr. Roulette.Mr.Spickler voted no and Mrs.Johnson and Mr.Moser abstained. The motion passed.So ordered. ADJOURNMEJilr : There being no further business,the meeting adjourned at 7:05 P.M. r-', 105 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -NOVEMBER 6,1989 The Washington County Planning Commission held its Regular Meeting on Monday,November 6,1989 in the second floor conference room of the County Office Building. Members present were:Vice-Chairman,Bertrand L.Iseminger;Ex-Officio, Richard E.Roulette;Donald Spickler,Bernard Moser;and Carol Johnson. Staff:Director,James P.Brittain;Senior Planner,Stephen T.Goodrich; Associate Planners,Timothy A.Lung and Lisa Kelly Pietro;Assistant Planner,John Gudmundson,and Secretary,Janet L.King. CALL TO ORDER: The meeting was called to order by the Vice-Chairman at 7:10 P.M. MINUTES: Mr.Spickler made a motion to approve the minutes of the October 2 Regular Meeting as presented.Seconded by Mrs.Johnson.So ordered. Mr.Spickler made a motion to approve the minutes of the October 16 Workshop Meeting as presented.Seconded by Mr.West.So ordered. CORRESPONDENCE: Letter from the Washington County Historical Society: The Commission acknowledged receipt of the letter from the Washington County Historical Society regarding historic structures,the Hive located on MD 62 and Rockland located on MD 65,Washington County.Mr.Brittan added that the staff will be forwarding this letter to the Historic District Commission for its comments and the Planning staff will be reporting back to the Commission on its reply.No action was taken by the Commission. UNFINISHED BUSINESS: Natural Well Estates: Mr.Gudmundson presented the proposed concept for Natural Well Estates.The site is located along the south side of Natural Well Road.This parcel encompasses approximately 61 acres which was previously subdivided as a simplified plat.The owner is now proposing to develop this parcel with one house.The pavement width of Natural Well Road is approximately 14 to 15 feet.The County Engineer has stated that Natural Well Road is substandard to handle the additional traffic that will be generated if this parcel is developed.A 641 foot panhandle will serve the property with access off Natural Well Road.This plan was previously presented to the Commission during the October meeting and the Commission tabled any action until a site visit could be made.Since the October meeting,the County Engineer has stated ina letter dated October 25,1989 that it's his opinion that access should be granted since this is a lot of record.He also stated that the existing sight distance at the entrance location does not meet the County's minimum standards.Mr.Gudmundson said that an entrance permit was issued in error,under the contract purchaser's name and not the property owner. The County Engineer feels that revisions need to be made to the entrance location,ie.the tree and brush line along the south side of the County road be cut and the existing slope to the east of the entrance be graded. The County Engineer stated that if the requested revisions are not met,the entrance permit should be rescinded.It's also the Engineer's opinion trlat only one house be constructed at this entrance location.This restriction must apply until Natural Well Road is improved to 18 feet.Mr.Spickler made a motion to grant approval of the concept plan with the conditions outlined in the County Engineer's letter of October 25 being met.Seconded by Mr.West.Mr.Moser abstained.So ordered. 106 l~.Brittain said that the County Commissioners recently adopted the text amendment regarding the length of panhandle lots to a maximum of 400 feet. He said that since this proposed panhandle is 641 feet in length,a variance will be required.Mr.Roulette said that a legal opinion should be obtained on this matter since this parcel is a lot of record.Mr.Roulette suggested to contact the County Attorney to determine if lots of record fall under the provisions of the newly adopted regulations.Mr.Roulette made a motion to amend the aforementioned motion to include a legal opinion from the County Attorney on whether lots of record are included under the panhandle requirements.Seconded by Mrs.Johnson.So ordered. NEW BUSINESS: Variances: Brigitte Doyle: Mr.Gudmundson presented the variance request for Brigitte Doyle.The site is located along the east side of Maryland Route 65,just south of Tilghmanton.The variance is being requested from Section 405.9 of the Subdivision Ordinance regarding the dedication of utility and drainage easements 10 foot along the front and 8 foot along the side and rear property lines.This subdivision plat is to realign the septic area.The house and well were constructed too close to the original platted septic area.In order to replat the septic area within the easement area,a variance must be granted from the requirements.Mr.Roulette made a motion to grant the variance based on a hardship.Seconded by Mr.West.So ordered. William and Shirley Phillips: Mrs.Pietro presented the variance request for William and Shirley Phillips. The site is located along the southeast side of Maryland Route 34, approximately 1 mile southwest of Sharpsburg.The owners are proposing to create a 1 acre lot without the required 25 feet of public road frontage. Access to the lot will be over an eXisting lane which will be extended to serve the new lot.The owners have stated that their hardship is for financial purposes.The Phillips were given the option of subdividing a lot along Route 34 or creating a lot with a panhandle that would connect with the public road.The owners rejected both options.Mr.West made a motion to deny the variance request since a financial hardship is not a basis for granting a variance.Seconded by Mr.Moser.So ordered. Clark Gover: Mr.Gudmundson presented the variance for Clark Gover.The site is located along the west side of Park Hall Road,south of Boonsboro.The owner is proposing to subdivide an 85 acre parcel with lot 1 having road frontage and the remaining lands without road frontage.The applicant has stated that the hardship for this request is topographic.Due to a steep ravine,the remaining lands cannot be served by a panhandle.The remaining lands would have existing farm buildings with access over an eXisting right-of-way on lands of adjacent property owners.Park Hall Road is approximately 13 to 15 feet in width.The County Engineer has not reviewed this proposed subdivision.Mr.Spickler made a motion to grant the variance based on a topographical hardship and also,if the County Engineer has concerns with the road condition,the subdivision plat should be brought back to the Commission.Seconded by Mr.West.So ordered. Subdivisions: Washington Four: Mrs.Pietro presented the preliminary and final subdivision plat for Washington Four,Lot 14;previously approved in 1974.This plat is a resubdivision of Lot 14 into 10 residential lots,lots 1A through lOA.The site is located along the south side of Woburn Road.The subject 10 lots will be created out of 14.5 acres.The proposed lots will be served by individual wells and septic systems.Access to the new lots will be via a new County maintained street to be called Barrett Court.All agency approvals have been received.Mr.Spickler made a motion to grant preliminary and final plat approval.Seconded by Mr.Moser.So ordered. 107 Chairman Donald E.Zombro arrived at 7:45 P.M. Calvin and Edna Snyder: Mr.Gudmundson presented the preliminary and final subdivision plat for Calvin and Edna Snyder.The site is located along Indian Springs Road.The Snyders are proposing to subdivide a 1 acre parcel without public road frontage and convey it to an immediate family member.Access to the lot will be via a private right-of-way.The lot will be served by private well and septic system.Due to financing purposes,the Snyders can only subdivide 1 acre.Since the one acre was back off the road due to the perc location,any acreage associated with a panhandle would cause their 1 acre maximum to be exceeded.All agency approvals have been received.Mr. Spickler made a motion to grant preliminary and final plat approval. Seconded by Mr.West.Mr.Iseminger abstained.So ordered. Licking Creek Hills: Mrs.Pietro presented the preliminary subdivision plat for Licking Creek Hills,lots 3 through 10.The site is located along the northeast corner of Route 40 and Pectonville Road.Zoning is Conservation.The developer is proposing to create 8 residential lots.The proposed lots will range in size from 3 to 47 acres.The lots will be served by wells and septic systems.Lots 3,4,5,6,and 7 will have access onto Pectonville Road. Lots 8 and 9 will have a combined entrance onto Route 40.Lot 10 will also have frontage along Route 40.There is floodplain located on the site,but the house and septic reserve areas will be out of this designated area.All agency approvals have been received.Mr.Iseminger made a motion to grant preliminary plat approval.Seconded by Mr.Spickler.So ordered. Hagerstown/Washington Co.Industrial Foundation -Parcel G -Bowman Group: Mrs.Pietro presented the preliminary and final subdivision plat and site plan for the Hagerstown/Washington County Industrial Foundation,Parcel G The Bowman Group.The site is located along the north side of Elliott Parkway.Zoning is Industrial General.The developer is proposing to contruct a 136,000 square foot bedding manufacturing plant on 14 acres.A combined entrance/exit is proposed onto Elliott Parkway.A total of 128 parking spaces are proposed.Building and pole mounted lights will be installed.The proposed landscaping plan is adequate.All agency approvals have been received.Mr.Spickler made a motion to grant preliminary and final subdivision plat and site plan approval.Seconded by Mr.Moser.Mr. Iseminger abstained.So ordered. Ametek: Mrs.Pietro presented the preliminary subdivision plat and site plan for Ametek.The site is located along Jamison Court,a newly constructed County road,which connects with Hump Road in the Washington County Business Park. Zoning is Industrial General.The developer is proposing to construct a 116,000 square foot foam manufacturing plant.The site will be served by public water and sewer.An identification sign for Ametek will be installed at its entrance location off Jamison Court.Building mounted lights are proposed.A total of 36 parking spaces are provided.Landscaping is adequate.A variance has been granted from the Zoning Appeals Board allowing for the reduction of the 200 foot buffer to 100 feet.All written agency approvals have been received except for a verbal approval from the Heal th Department.Mr.Iseminger asked what the pollutants are that will be generated from this development.Mr.West said flurocarbons.Mr.Iseminger made a motion to grant preliminary plat and site plan approval conditional on receipt of Health Department approval,Water Pollution Control approval, Permits and Inspections approval,and the issuance of the permit from the Department of the Environment.Seconded by Mr.West.So ordered. 108 Site Plans: Cavetown Planning Mill: Mrs.Pietro presented the site plan for the Cavetown Planning Mill.The site is located along the east side of Old Route 66.Zoning is Industrial General.The applicant is proposing to construct a 120,000 square foot hardware store on a 7 acre tract.A total of 85 parking spaces are proposed.The site will be served by public water and a private septic system.An existing storage building is located to the rear of the site and will remain.Pole mounted lights are proposed in the parking area.The proposed landscaping plan is adequate.Two entrance locations are proposed onto Route 66.There is floodplain on the site but the construction of the building will be out of the designated area.All agency approvals have been received.The Permits Office needs to review the revised plan.Mr. Roulette made a motion to grant site plan approval conditional on the receipt and approval from the Permits Office.Seconded by Mr.Iseminger. So ordered. Preliminary Consultation: Antietam Approach Estates: Mrs.Pietro presented the concept plan for Antietam Approach Estates.The site is located at the intersection of Porterstown and Geeting Roads.The developer is proposing to create 16 residential lots.The lots will be served by two cul-de-sacs onto Porterstown Road.A historic building exists on the remaining lands.Comments have been received from Doug Reed of the Washington County Network and Tom Clemens,President of Save Historic Antietam Foundation.Both expressed concern regarding the historic structures on the remaining lands and the protection of the approach zone to the Battlefield.Mr.Reed and Mr.Clemens suggested screening along Route 34 in order to shield the proposed houses from vehicles traveling on Route 34.Mr.Goodrich added that the Historic District Commission endorsed the comments received from Mr.Reed and Mr.Clemens. Mrs.Ann Corcoran,an adjacent property owner,expressed her concerns on the proposed development by stating:1)a blind curve of 90 degrees exists at the intersection of Porterstown and Geeting Roads as well as the blind curve of 90 degrees at the intersection of Porterstown Road and Route 34,2)the existing drainage problems on Porters town Road and in the immediate area,3) Porterstown Road is a narrow road,approximately 16 feet,4)the proposed development is located outside the adopted Urban Growth Area for the County, 5)the development will overcrowd the Sharpsburg Elementary School,and 6) the proposed project is adjacent to two established AgriCUltural Land Preservation Districts. The Commission suggested that the 9 acres of remaining lands be served by a cul-de-sac instead of an access point onto Route 34.Mr.Fred Frederick, consultant for the developer,stated that with the access spacing requirements along Route 34,there would be approximately two entrance locations onto Route 34.He added that if the 9 acres were served by a cul- de-sac or a right-of-way,a total of 7 to 9 additional lots could be developed instead of two lots with accesses onto Route 34. Mr.Zombro suggested that the Commission view this site prior to any subdivision approval.No action was taken by the Commission. OTHER BUSINESS: Richard McCleary: Mrs.Pietro informed the Commission that Richard McCleary is proposing to create two lots to be conveyed to his daughters.The site is located along Route 68,southwest of College Road.The proposed lots will be served by a 50 foot private right-of-way.Mr.McCleary has road frontage along Route 68 and College Road.Due to aesthetic purposes,the daughters wish to build on the proposed lots.Mr.Ro~lette made a motion to grant the creation of the 109 lots to family members with the condition that the State Highway Administration grant an entrance permit onto Route 68 and also that any future subdivision of additional lots to non-family members served by this access will require the construction of a County road.Seconded by Mrs. Johnson.Mr.Iseminger abstained.So ordered. Woodbridge -Youngstoun II PUD: Mr.Lung presented a revised concept plan previously approved Youngstoun II PUD.The 99.81 acre site is located along the east side of Robinwood Drive between the existing Robinwood and Youngstoun developments.The previously approved plan was approved under Planned Residential standards in 1980 and was 'grandfathered'into a PUD classification in 1985.When the PUD designation was adopted,an underlying zoning of Residential Suburban was also assigned to the property.The approved development plan for Youngstoun II calls for 725 dwelling units spread over a mix of single-family, townhouse and apartment units along witha 4.8 acre commercial area. Mr.Thomas Poss,contract purchaser of the property,initally proposed to drop the existing PUD designation and concept plan and develop the property under RS standards with 274 single-family lots and a 6.8 acre commercial area.The development is called Woodbridge.A preliminary consultation was held on August 21,1989 (PC-89-34)and the Planning Commission approved the plan under RS standards at its September 11,1989 meeting with the condition that the commercial area be removed and minor changes to the road and lot layout being made. Mr.Poss is now proposing to keep the PUD designation and has submitted a modified PUD concept plan for the Planning Commission's approval.The concept plan is essentially the same as the plan submitted at the preliminary consultation with revisions made to the road and lot layout as requested;however,the commercial area has been retained. In order for this plan to replace the previously approved PUD plan,the Planning Commission must determine if the proposed plan has changed significantly and warrants a new public hearing.The Planning Commission should also provide the developer with a response on the proposal as it relates to layout,density,and specific uses. Mr.Lung stated that the staff is of the opinion that this proposal is a major change to the previously approved plan and is not a legitimate PUD. The proposal warrants a new public hearing based on the following:1)The residential housing types have been changed from a mix of townhouses, apartments and single-family lots to 100%single-family dwellings.2)The commercial area has increased from 4.8 acres to 6.8 acres.3)The open space area has been reduced from 18.3 acres (including the stormwater management area)to 0.00 acres. The staff recommended that the Planning Commission not endorse the proposed plan as a PUD for the following reasons:1)The plan does not meet the intent of the PUD article of the Zoning Ordinance since it does not promote a more economical and efficient use of the land or provide a variety of housing types.2)The decrease in residential density does not in itself prove that the change is minor.3)The commercial area has increased by 42% while the number of residential housing units has reduced 224%.4)The developer's statement that the proposed PUD is consistent with the existing Robinwood subdivision ignores the fact that the land directly adjacent to this has an approved concept plan for apartments.5)The staff is of the opinion that endorsing the proposed plan as a PUD would set a precedent which would suggest that the Planning Commission recognizes a single-family subdivision with a commercial area as an appropriate PUD concept without it meeting the other requirements outlined in the Zoning Ordinance. Mr.William Wantz,legal counsel for the developer,stated that he is aware that this request is not a normal application for a PUD.He added that the developer could eliminate the PUD overlay and develop the property as single-family lots with no commercial.He said that a rezoning could be requested to construct the commercial portion on the property. l.lO Mr.Roulette stated the proposed plan is more aesthetically pleasing and involves a low density of housing than the previous plan.He added that the proposed plan constitutes a significant change and should go to public hearing.Mr.Roulette said if the Planning Commission determines that the proposed plan does not qualify as a POD,the developer could redesign the concept plan to meet the POD requirements or could develop under the RS requirements. Mr.West stated that in his opinion,the developer is using the POD classification in order to create a commercial area without any regard to the spirit of the POD article of the Zoning Ordinance.Mr.Spickler agreed with Mr.West's comments and stated that he thinks the overall plan does not follow the intent of the Ordinance. By consensus,the Commission suggested that the developer redesign the plan to include a mix of residential housing types and bring the revisions back to the Planning Commisison for its review during a future workshop meeting. ADDITION TO THE AGENDA: Robinwood Section III: Mr.West made a motion that the site plan for Robinwood Section III be placed on the agenda for review at a future workshop meeting.Seconded by Mr.Spickler.So ordered. UNFINISHED BUSINESS: RZ-378 REMAND -Kenneth F.Clements: Mrs.Johnson made a motion to recommend to the County Commissioners the denial of rezoning case RZ-378 REMAND for Kenneth Clements and adopt the Staff Report and Analysis and the Staff Report and Recommendation as the Planning Commission's findings of fact.Seconded by Mr.Iseminger. Mr.Spickler stated he is opposed to the motion.The rezoning case should be approved since the site is located within the designated Boonsboro Town Growth Area.He added that the applicant identified the area as the neighborhood and presented evidence during the pUblic hearing that the neighborhood has changed.Mr.Spickler said public facilities will be provided to serve the site in the future.Mrs.Johnson said the Town of Boonsboro does not plan to provide public facilities to the site.She added that this site should not be included within the Boonsboro Growth Area.Mr. West stated he preViously tllOught the same as Mr.Spickler but once he found out that the Town of Boosnboro was not planning to extend pUblic facilities, is of the opinion that the rezoning case should be denied.Mr.Iseminger added that he agrees with the staff reports and recommends denial. As a result of the motion and the brief discussion held,Mr.Spickler voted no,Mr.Iseminger,Mr.West and Mrs.Johnson voted yes and Mr.Zombro and Mr.Moser abstained.The motion passed to deny the rezoning case.So ordered. OTHER BUSINESS: Proposed Text Amendment -Permanent Subdivision Identification Signs: Due to the late hour,the Commission,by consensus,voted to table this proposed text amendment for the subdivision identification signs until a future workshop meeting. Work Program: The Commission,by consensus,voted to table the discussion on the work program until a future workshop meeting. ill 112 Workshop lVJeeting: The Planning Commission will hold a workshop meeting on Monday,November 13. The Commission will tour the Independent Cement site at 8:30 and then hold the workshop meeting immediately following the field visit. ADJOURNMENT : There being no further business,the meeting adjourned at 10:30 P.M. ~2,( WASHINGTON COUNTY PLANNING COMMISSION WORKSHOP MEETING -NOVEMBER 13,1989 The Washington County Planning Commission held a Workshop Meeting on Monday, November 13,1989 in the Planning Commission's conference room on the third floor of the County Office BUilding. Members present were:Chairman,Donald E.Zombro;Vice-Chairman,Bertrand L.Iseminger;Ex-Officio,Richard E.Roulette;Bernard Moser and Carol Johnson.Staff:Director,James P.Brittain;Senior Planner,Stephen T. Goodrich;Associate Planners,Timothy A.Lung and Lisa Kelly Pietro,and Secretary,Janet L.King.Absent was Steven T.West and Donald Spickler. The Planning Commission made a field visit to Independent Cement Corporation at 8:30 A.M. CALL TO ORDER: The workshop meeting was called to order by the Chainnan at 10:10 A.M. Woodbridge: Mr.Brittain infonned the Commission that this discussion is a continuance from the November 6,1989 Regular Meeting.During that meeting,the Planning Commission recommended that the developer redesign the plan to meet the intent of the PUD article of the Zoning Ordinance by providing a mix of housing types.Mr.Brittain added that since the staff has not had an opportunity to review this revised plan,a recommendation regarding the plan cannot be made at this time.The plan will be presented at one of the Planning Commission's regular meetings for approval once the staff and the agencies have reviewed it. Mr.Tom Poss,developer,informed the Commission that 43 single-family lots have been eliminated from the portion of the site which abuts the planned Youngstoun development.A total of 120 townhouse units have replaced the single-family lots on Alternate Plan A.The townhouse units will be located on 20'x 80'lots and consist of 3 stories with the flexibility for garages on each unit.The single-family lots at the rear of the property and the 6.8 acres of commercial area will remain as proposed at the November 6 meeting. Mr.Iseminger asked if the open space requirements have been met.Mr.Dave Lingg,Engineer with Harris -smariga,said the green area around the townhouse units is considered as common open space.Play lots will be provided in the townhouse area.The total amount of green space exceeds 25%.Mr.William Wantz,legal counsel for the developer,said there were no open space requirements under the PR zoning district when the original plan was approved.Mr.Roulette said the developer needs to provide an area for play lots and open space for the townhouse area.Mr.Poss added that a revised plan will be presented to the Commission showing the designated play lot areas.Mr.Poss said that the number of townhouse units may change to achieve the reqUired open space area and the proposed traffic through the site. Mr.Iseminger stated he would like to see more open space on the plan.He suggested establishing approximately 1 acre directly across from the proposed townhouses for a multi-purpose field.He added that this will provide a buffer between the townhouse units and the single-family lots. Mr.Poss said the open space area is desired to remain as shown on the plan. He added that too many single-family lots have been eliminated and due to financial purposes,additional single-family lots cannot be eliminated.Mr. Roulette suggested eliminating 1 block of townhouse units to accommodate the additional open space.Mr.Lingg and Mr.Poss agreed with this suggestion. Mr.Lingg said a total of 4 acres will be reserved for green space for this project and asked if it is all needed to be used as open space and be in one contiguous area.Mr.Lung said that the open space area must be spread out through the development.Play areas shall be incorporated into the open space and must be spread throughout the development.The area required for play lots is determined by the number of units proposed. 113 Mr.Lung informed the developer that the County Engineer will want to review the access location for the commercial area.Mr.Lingg added that the access to the commercial area is to be located east of Robinwood Drive as far as possible on the new access road.Mr.Poss added that a traffic study of the area has been performed and was distributed to the County Engineer for review.The traffic study determined that at some time in the future,a signal will be needed at the proposed entrance to the site. Mr.Roulette asked what the density was on the original plan and what is proposed now.Mr.Lingg stated the original plan consisted of 728 units and the revised plan calls for approximately 300 units.Mr.Roulette said he feels this revised plan does not warrant a new public hearing since the density has been reduced and that it is the intent of the Ordinance to allow a reduction in density without a public hearing.He added that,in his opinion,the revised plan is a minor change to the originally approved plan.Mr.Roulette stated that perhaps a public hearing should be held to inform adjacent residents of the proposed changes.Mr.Poss requested that the Commission not require a public hearing since the deadline for settlement is approaching. After a discussion,the Planning Commission,by consensus,agreed that the development plan utilizing Alternate Plan A should be brought before the Planning Commission at one of its regular meetings once it has been revised to address the Planning Commission's comments and all of the affected agencies have had an opportunity to review the plan.So ordered. Mr.Poss asked if the commercial area and the single-family lots can be phased in together.Mr.Lung stated that the commercial area cannot be developed prior to the residential area but the two can be developed simultaneously.He added that the phasing schedule must be noted on the development plan. Robinwood Section III: Mr.Lung presented the site plan for Robinwood Section III.He said that after reviewing the plan,the following comments were forwarded to the Permits Office.1)A pedestrian crosswalk must be provided across the parking area with speed bumps located at each end of the parking area.Mr. Dayne Weierback with Associated Engineering Sciences stated that a 5 foot wide striped pedestrian crosswalk has been provided between the raised islands.He added that speed bumps have been provided throughout the parking area to slow traffic.2)The site plan does not indicate the surface treatment of the islands within the parking area,screening should be prOVided around the two dumpsters in the parking area,signs should be provided to indicate that the parking spaces are reserved for RVs,and the plan indicates lighting but the staff could not determine where it will be located.Mr.Weierbach said the surface treatment for the islands within the parking area will be grass with 6 inch curbs unless otherwise specified in tile landscaping plan.The dumpsters will be enclosed on three sides by a 6 foot high solid fence.Signs are provided on the revised plan to indicate the spaces are reserved for RVs.The location of the lighting is provided on the revised plan.Mr.Lung added that RV parking areas are generally more isolated from the other parking areas.Mr.Iseminger said the RV parking should not be located immediately adjacent to the dumpsters.He suggested to relocate the RV parking to the southwest corner of the site. Mr.Moser asked if the pedestrian crosswalk will be lighted.Mr.Weierbach said the lighting around the handicap ramp could be relocated to the pedestrian crosswalk area.3)Landscaping in the vicinity of the proposed buildings is sparse and should be improved.Mr.Dan Sheedy,developer, stated he has no problem adding additional trees or bushes.He added that the annual flowers will remain.4)Based on the total number of dwelling units proposed,a minimum of two play areas are required for this project but are not prOVided.Mr.Weierbach said that this concern has been met with the construction of two I,000 square foot play areas.Mr.Lung added that the developer is proposing a fitness trail but this cannot be considered as part of the play area requirements.5)The staff was concerned with who will be responsible for the maintenance of the sidewalks, play areas,etc.Mr.Weierback stated the owner,Youngstoun Farm Limited, will maintain these areas. 114 Mr.Sheedy said the island in the parking area would serve as an excellent area for stormwater runoff.He requested that the Commission permit him to eliminate the curbing around the island and install stone and top soil to control the runoff.Mr.Roulette stated that was an excellent idea. Mr.Iseminger asked if the pedestrian crosswalk within the parking island will be grass or concrete.Mr.Weierbach said it will be grass.Mr. Iseminger suggested to concrete and raise the pedestrian crosswalk for safety purposes. Mr.Lung stated that no lighting is proposed for the middle island in the parking area.The staff is of the opinion that the outer lighting will not be sufficient to light the parking area.Mr.Sheedy said he has no problem relocating the lighting to properly light the parking area. ,Mr.Lung said that all agency approvals have been received except for the Water Pollution Control.Mr.Weierbach said the Water Pollution Control office gave its conditional approval. Mr.Iseminger made a motion to grant site plan approval conditional on receipt of all agency approvals and the comments addressed by the Planning Commission being made.Seconded by Mrs.Johnson.So ordered. Text Amendment -Permenant Community Identification Signs: Mrs.Pietro presented the proposed text amendment on the permenant community identification signs to the Commission.Mr.William Young,legal counsel for the Foxleigh Meadows subdivision,presented concerns on the proposed amendment. After reviewing the proposed amendment and the concerns presented by Mr. Young,Mr.Iseminger suggested to change the word 'community'to 'residential'.Mr.Roulette suggested that no more than two identification signs be placed at the main entrance location to the site and that no more than one sign by placed at a secondary entrance. Mr.Young suggested that the identification signs not exceed 50 square feet in size instead of 35 square feet.After a discussion,the Commission decided to leave the size of the sign at 35 square feet.Mrs.Johnson suggested that the text amendment address the type of script and size of the lettering.After discussion,it was the general opinion to leave script and size to the developer or where already controlled by applicable sections of the Zoning Ordinance. By consensus,the Commission agreed to take the proposed text amendment to public hearing with the revisions as stated previously being added.So ordered. ADJOURNMENT : There being no further business,the meeting adjourned at 12:00 P.M. 115 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -DECEMBER 4,1989 The Washington County Planning Commission held its regular meeting on Monday,December 4,1989 in Court Room No.1 of the Court House. Members present were:Chairman,Donald E.Zombro;Vice-Chairman,Bertrand L.Iseminger;EX-Officio,Richard E.Roulette;Donald Spickler,Bernard Moser,Carol Johnson and Steven West.Staff:Director,James P.Brittain; Senior Planner,Stephen T.Goodrich;Associate Planners,Timothy A.Lung, Lisa Kelly Pietro and Eric Seifarth;Assistant Planner,John GUdmundson;and Secretary,Janet L.King. CALL TO ORDER: The meeting was called to order by the Chaiman at 6:30 P.M. MINUTES: Mr.Iseminger rrade a motion to approve the minutes of the workshop meeting of November 6,1989 as presented.Seconded by Mr.Spickler.So ordered. Mr.Spickler rrade a motion to approve the minutes of the regular meeting of November 6,1989 as presented.Seconded by Mr.Iseminger.So ordered. Mr'.Iseminger made a motion to approve the minutes of the workshop meeting .of November 13,1989 as presented.Seconded by Mr.Roulette.So ordered. CORRESPONDENCE: Letters from the Washington County Historical Advisory Committee: The Commission acknowledge receipt of the letters from the Washington County Historical Advisory Corrmittee regarding the preservation of historically significant structures,ie.The Hive and Rockland,and also regarding the update to the Historic Sites Survey.No action was taken by the Comrtlission. Letter from Potomac Edison Company: Mr.Brittain informed the Comrtlission that the Traffic Impact Analysis for Friendship Technology Park was forwarded to the County Engineer and the State Highway Administration for review.He added that this study will be referred to wllen site plans for the Park are submitted.No action was taken by the Corrmission. UNFINISHED BUSINESS: Woodbridge -Revised PUD: Mr.Lung informed the Comrtlission that this revised plan is per corrments received from the Planning Corrmission during one of its regular meetings. The revised plan was routed to the agencies but no comments had been received as of the agenda mailing date.The revised plan shows the creation of townhouse units to create the required residential mix,a 1 acre recreation area has been added to the plan as well as the play lots being shown.The developer still needs to indicate the phasing schedule for the entire development and the setbacks for the corrmercial area.Mr.Lung stated that the developer is requesting a variance from Section 405.11(b)of the Subdivision Ordinance to create the townhouse lots without public road frontage.The proposed units will front on a privately owned access roads. The County Engineer reviewed the request.Mr.Lung distributed copies of the County Engineer's COmrtlents dated November 30,1989.Mr.Dull is opposed to the variance.He is concerned about the ability of a home owner's association to maintain the street and drainage system,the length of the proposed private streets and the number of units being served by them. 116 Mr.Lung said that the Planning COmITlission has been requested to take the following action on the revised plan:1.)Certify that the proposed concept plan is appropriate and acceptable as a PUD.This will include the variance penmitting the townhouse lots to front on a private access road.2.) Certify that the proposed revision to the previously approved plan is not of a significance to warrmlt a public hearing.3.)To give the staff the authority to approve the revised Development Plan once all agency approvals have been received. William Wantz,attorney for the developer,said that Woodbridge Joint Venture is the name of the developer and Potomac Farm Limited is the owner. Mr.Wantz said the setbacks for the commercial area will be added to the plan. Mr.Dave Lingg,engineering consultant with Harris -Smariga,said the townhouse units mld the proposed street were based on similar designs used in other Counties.He added that the OrdinmlCes did not specify the length of the street.The home owners association will be resonsible for all maintenance including snow removal.Mr.Lingg said the home owners will pay a monthly dues which will go into an account to cover maintenance costs. Mr.Arther Roserlberg,one of the developers,stated that he has developed nllll1erous sites in other areas with a similar design,and has found that the design is good and works very well.Mr.Roulette said a note should be added to the plan stating what responsibilities are covered by the home owners association. Mr.Roulette questioned how the 5 acre portion that is not included within this development will have access.Mr.Lingg said this parcel is owned by "the Washington County Association for Retarded Citizens (WCARC)and Woodbridge Joint Venture will convey a portion of their property to WCARC so the 5 acre site will have frontage. Mr.Iseminger asked if the County Engineeer approved the interior parking design.Mr.Lung said the parking area will be private and the County Engineer does not need to approve the design. Mr.Roulette asked if the variance should be granted with the concept plan or at a later date.Mr.Wantz said the variance should be granted at the concept plan stage.Mr.Lung added that the County Engineer has approved similar designs in the past and the staff is of the opinion that its a good design.Mr.Iseminger made a motion to grant the variance for the townhouse units to front on a private parking area.Seconded by Mr.Roulette.So ordered. Mr.Roulette made a motion to grant approval of the concept plan as presented but also with the following conditions:1.)The horne owners association will be required for the tOWYrrlouse units only with the responsibilities shown on the plan.2.)A strip of land will be conveyed to WCARC so the 5 acre parcel will have road frontage.3.)The final design for the stormwater management area must be approved by the County Engineer.4.)The setbacks must be shown on the plan for the commercial area.Seconded by Mr.Spickler. Mr.Iseminger added that the phasing schedule should also be addressed at this time.Mr.Wantz said the phasing schedule will be addressed at the preliminary development plan stage.Mr.Lung added that the Planning Commission Chairman must sign the revised development plan and this plan must include the phasing schedule. Mr.Iseminger rrade a motion to amend the aforementioned motion to include the phasing schedule on this plan and give the staff the authority to review the phasing schedule so it meets all the requirements (ie.the commercial area is not developed prior to the residential area).Seconded by Mr. Spickler.So ordered. Mr.Spickler rrade a motion that the revised plan is not a significant change and therefore,does not warrant a public hearing.Seconded by Mr. IserrJinger.So ordered. 117 NEW BUSINESS: Variances: Joe Stottlerrwer: Mr.Gudmundson presented the variance request for Joe Stottlemyer.The site is located along the east side of Appletown Road (Old MD Route 67).Mr. Stottlemyer is proposing to create a 15 acre lot to consist of a single- farrlily residence and possibly a wholesale greenhouse.Zoning is agricultural.A 25 foot wide,1200 foot long panhandle will serve the proposed lot.The owner is presently using a right-of-way and the adjacent residents have concerns over tllis existing right-of-way to serve additional subdivision of the tract.The remaining lands will reserve another right- of-way over the proposed lot 1 panhandle to insure continuous access.The variance is being requested from the recently approved requirements that all panhandles be a maxi~mum of 400 feet in length.Mr.Iseminger ITllde a motion to grant the variance based a topographical hardship,the irregular shape of the lot and that a prior subdivision created the access.Seconded by Mr. West.So ordered. Rachel Dean: Mr.Gudmundson presented the variance request for Rachel Dean.The site is located along the west side of Mapleville Road (Route 66),1/2 mile north of its intersection with Route 40A.The owner is proposing to create two lots; eacll lot will be 1.3 acres in size.Zoning is Agricultural.The proposed entrance to these lots will be a joint-use driveway.The variance is being requested from the access separation requirements of the Subdivision Ordinance.The proposed new access will be 250 feet from an eXisting entrance and the Highway Plan calls for a minimum of 500 feet.The State Highway Amninistration has comrr~nted that this entrance location has good sight distance and may be the best location for a future street intersection.Mr.Roulette made a motion to grant the variance based on a topographical hardship.Seconded by Mr.West.So ordered. Jerry Harrell: Mrs.Pietro presented the variance request for Jerry Harrell.The site is located along the east side of Bower Avenue in Halfway.Mr.Harrell is proposing to create 4 driveway entrances that are spaced 70 feet and 83 feet apart.The Highway Plan requires a minimum of 100 feet between access points on Bower Avenue,a Minor Collector roadway.Mr.Harrell had an approved plan which permitted lots 1 and 2 to have its own entrance and lots 3 and 4 to be a shared entrance.He is now requesting that all four lots have its own entrance location which will create a more safer design.Mr. Iseminger ITllde a motion to grant the variance based on safety purposes with the condition that the four driveways be checked in the field by the County Engineer.Seconded by Mrs.Johnson.So ordered. Robert Beckley: Mr.Gudmundson presented the variance request for Robert Beckley which is located along the north side of Route 68 (Lappans Road).The owner is proposing to create lots 2 and 3 which will be conveyed to a family member. Lot 1 was preViously approved in 1987 as a family member lot with a right- of-way over'a 12 foot wide panhandle.Pr'oposed lot 2 will have its access via a right-of-way over the panhandle for'pr'oposed lot 3.The length of lot 3's panhandle is 1000 feet and varies in width from 12 feet to 75 feet.The State Highway Administration states that sight distance is marginal and will only perrrlit these two lots at this entrance location.Mr.Iseminger ITllde a motion to appr'ove the variance fr'om the panhandle requir'ements based on a topographical hardship.Seconded by Mr.Spickler.Mr'.Iseminger'made a motion to appr'ove the subdivision of lots 2 and 3 with the condition that the family member statement be on the plan and that all agency appr'ovals be r'eceived.Seconded by Mrs.Johnson.So or'dered. 118 Tracey Thomas: Mr.Gudmundson presented the variance request for Tracey Thomas which is located along the west side of Wheeler Road.The owner is proposing to create one lot to consist of 11 acres.A total of 60 acres is remaining. The proposed lot will be served by an existing 413 foot long panhandle.The variance is being requested from the 400 foot panhandle requirements.The panhandle was created in 1975 when previous lots were subdivided.Mr. Iserrlinger made a motion to grant the variance based on safety and also since previous subdivisions created this point of access.Seconded by Mr. Roulette.Mr.Fred Frederick,consultant,said that his client has decided he would like to move the entrance to another location from what was just presented for safety purposes.Mr.Iseminger and Mr.Roulette withdrew their motion based on the request from Mr.Frederick.The Commission,by consensus,inforrr~d Mr.Frederick to sumbit the variance request at a future meeting for the Commission's consideration.So ordered. Subdivisions: Roy Showalter: Mr.Gudmundson presented the preliminary and final subdivision plat for Roy Showalter.The site is located at the intersection of Weaver and Miller Avenues in Maugansville.The owner is proposing to create 5 residential lots on 1 acre.Lot 1 was previously subdivided,lots 2 and 3 have a semi- detached unit,lots 4 and 5 have a proposed semi-detached unit and lot 6 will have a two-unit apartment bUilding.The site will be served by public water and sewer.All agency approvals have been received.Mr.Roulette made a motion to grant preliminary and final plat approval.Seconded by Mr. Iserrlinger.So ordered. Ron Keister: Mr.Gudmundson presented the preliminary and final subdivision plat for Ron Keister,lot 3.The site is located along Crystal Falls Drive (Mt.Lena Road).Proposed lot 3 will be conveyed to an immediate family member with access over a private right-of-way.The lot will be served by private well and septic systan.The Zoning Administrator has commented that the ranaining lands have an irregular shape and may make future subdivision difficult.The creation of lot 3 will extend a panhandle on the remaining lands to over 800 feet.Mr.Iseminger stated that a condition could be placed on the plat that any future subdivision will require the construction of a County road over the right-of-way.Mr.Frederick,consultant,informed the Commission that his client does not intend to subdivide the remaining lands.)VIr.Roulette made a motion to grant preLiminary and final plat approval conditional on receipt of agency approvals.Seconded by Mr. Isaninger.So ordered. Garden Spot,Section H: Mrs.Pietro presented the preliminary subdivision plat for Garden Spot, Section H -lots 1 through 25.The site is located along Bluebell Drive within the existing Garden Spot subdivision.The owner is proposing to create 25 residential lots on 12 acres.MinimUITl lot size will be 15,000 square feet.All proposed lots will have access onto Bluebell Drive.The site will be served by public water and sewer.All agency approvals have been received.Mr.Iseminger rrade a motion to grant preliminary plat approval.Seconded by Mr.Spickler.So ordered. 119 Site Plan: Independent Cement Corporation: The site plan for Independent Cement Corporation (I.C.C.)was presented to the Corrmission.Mr.Ralph France,County Attorney,informed the audience that this is not a public hearing.The Planning COlllmission will be reviewing the site plan for the proposed expansion to the Independent Cement Corporation's surface mining operation.He added that the expansion is a permitted use since the site is zoned Industrial Mineral.The surface mining permit application will be approved by the Department of Natural Resources and not the Planning Corrmission.The Planning Corrmission must determine if additional setbacks are required.The developer is proposing a 200 foot setback. l~.Lung informed the Corrmission that I.C.C.is proposing to expand its existing mining operation which is located along Old Forge Road.The site encompasses 856 acres and currently mines 173 acres.The proposed expansion will encompass 109 acres.Mr.Lung identified the existing mining operation and existing residential development in the area on a zoning map.No application has been filed for the expansion of the processing plant.The applicant has filed an application with the Department of Natural Resources for a modification to their existing surface mining operation.The applicant has submitted a revised surface mining application and reclaimation plan.The application deals with the mining process and involves blasting requirements,methods for controlling dust,screening of the site and reclaimation of the site once mining is completed.Other State agencies which need to review the application are the Department of the "Environment -Air Management Administration which handles air quality and noise regulations and Hazardous and Solid Waste Management Administration deals with industrial discharge concerns.A water appropriations permit and NPDES discharge permit will be required as well. The Department of Natural Resources is satisfied with the site plan and reclaimation plan,however,they have requested additional condtions based on new restrictions to be required by the State.Site plan approval has been received from the County Engineer and Soil Conservation Service. Corrments have been received from Potomac Edison concerning the effect that the expansion has on the existing power transmission line which runs through the property.Potorr~c Edison has a 100 foot right-of-way associated with the transmission line.If extraction comes within the right-of-way,the line must be relocated.The Public Service Corrmission may need to approve the relocation of the line.All concerns expressed by the Planning staff and the Department of PerrrJits and Inspections have been addressed except the possibility of additional off-site truck traffic generation and the construction of a chainlink fence.The applicant has indicated that there will be no additional off-site truck traffic generated from the exparlsion and a note should be added to the plan to specify this.The Director of Permits arld Inspections has requested the construction of a chainlink fence to secure the area during mining operations.The site plarl calls for the construction of arl 8 foot high earth berm which will be constructed as mining progresses into the affected area.Total completion of the berm may not occur until the mining nearly reaches the limit of extraction.The berm will be planted with a vegetative screen on the top arld outside slope.A second row of plantings will be located on the inside of the berrrl that will not be planted until the reclamation phase.The staff is of the opinion that the applicant's plarl for the construction of the berm and schedule for planting of screen materials is not sufficient to adequately secure the area during mining.The staff offered two alternatives to fencing the entire site.1.)The entire earthern berm could be constructed along with a double row of Auturrm Oliver plantings prior to ar1y mining activity in the new area.2.)A chainlink fence could be constructed in the vicinity of the area being rraned in addition to the construction of the berm in that area.The fence must provide adequate security to the area being mined. The fence would be removed at the time of reclaimation.Under the requirements of Section 15.4b of the Zoning Ordinance,a mli1imum buffer of 100 feet is reqUired.The applicant is proposing a 200 foot buffer.The Plarlning COllJITJission has the authority to establish additional buffer areas if its found that the minimurrJ buffer does not provide adequate protection from damage to adjacent properties. 120 The starf is or the opinion that the following items be addressed prior to approval of the site plan.1)Conditioning of the permit concerning the Potomac Edision right-of-way,2)note on the plan concerning addition off- site truck traffic,3)requesting the additional means for securing the site,and 4)any additional burfer requirements that the Planning Commission rr~y deem necessary. Mr.Edmon Larrimore with the Surface Mining Division of Water Resources Administration stated the State is proposing three additional conditions on surface mining permit applications.1)The perrrlitee must submit a copy of any changes in bIasing operations,2)the permitee must complete a pre-blast survey to include properties within 1000 reet of the quarry operation and 3) the permitee must publish a blasting schedule in a local newspaper.The schedule must be sent to all residents within 1000 feet of the blastil1g area.The State perrrJits a 10 hour window for blasting.Mr.Larrimore added that the State ir of the opinion that the proposed 200 foot buffer is adequate for this quarry operation.The Commission asked what is involved with the pre-blast survey.Mr.Larrimore said a private firm will conduct the survey to investigate the condition of the structures,ie.windows, foundation,etc.,prior to blasting. Mr.John Urner,legal counsel representing I.C.C.,said the proposed expansion will not generate any additional off-site truck traffic.He said that the new requirements by the State are understood and acceptable to I.C.C.Mr.Urner said the Zoning Ordinance does not state that the Planning Commission has the authority to set a standard or time table for the construction of a berm.He added that the Department of Natural Resouces has .approved the construction of the berm.Mr.Urner stated that no evidence has been presented to determine that the proposed 200 foot buffer is inappropriate for this expansion. Gary Batey with I.C.C.stated that the firm or the Department of Natural Resources is not in favor of the fence.The preferred method for screening is a vegetative screen which is more aesthically pleasing than a chainlink fence.He added that the proposed plantings are such that grow tightly together and will not permit anyone to go between the trees. Mr.Roulette asked what the plans are to control dust.Mr.Dennis Lescalette with I.C.C.said that the air management requirements deals with dust control.He added that I.C.C.use water spray to control the dust. Mr.Chip Snyder,legal counsel for residents of the surrounding area,said that several residents will be voicing their concerns on the proposed expansion.Mr.Rod Reed,Mr.William Reese,Mr.Dick McEvoy,and Mr.Mike Winslow,Ms.Joan Jernagan,Mr.John Benchoff,Mr.Herbst,and Mr.Malcolm Davis expressed concerns on noise,tremors,rocks being thrown from the quarry,foundations being damaged,broken windows,dust,lack of compatibility with the proposed expansion With the existing neighborhood since the proposed pit is located within the Urban Growth Area,oU-site truck traffic will be increased since the tonnage produced by the expansion will be increased,and the suggestion to extend the buffer beyond the proposed 200 feet.One resident stated that the main issue of this proposed expansion is the size of the blasting and not the size of the buffer. Mr.Urner agreed with the resident that stated the issue is the size of the blast and not the size of the buffer.He added that compatibility is not the issue with this request.The issue is the proposal to expand the eXisting operations.Mr.Urner said the Planning Commission does not have the authority to decide what is compatible since this is not a public hearing or rezoning.The Planning Commission needs to approve the site plan for this expansion only.He added that the purpose of the 1M district is to protect the existing uses from encroachment from incompatible land uses. The Zoning Ordinance stated that the Planning Commission may establish additional buffers if it determines that the required 100 foot buffer will damage adjacent properties.Mr.Urner said the evidence presented states that a 200 foot buffer will or will not cause damage to the adjacent property owners.The proposed plan meets all the requirements of the Zoning Ordinance and also meets all the requirements of the State.Mr.Urner added that all the changes except the recommendation for the construction of the chainlink fence are agreeable with I.C.C. 121 Mr.Zombro said the Planning Corrmission,by consensus,will table this request until a future workshop meeting can be held for further discussion. He added that the record will be open for 10 days to receive written corrn~nts.All interested parties will be notified of the workshop meeting. So ordered. Subdivisions: Robert Irving and James Reed: Mrs.Pietro presented the preliminary plat and site plan for Robert Irving and James Reed.The site is located along the south side of the Leitersburg Pike (Route 60).The owner is proposing to construct a farm machinery dealership on 6.5 acres.The site will be served by individual well and septic.A total of 24 parking spaces are provided.A combined entrance/exit will be constructed onto Leitersburg Pike.Landscaping is adequate.All agency approvals have been received.Mr.Iseminger made a motion to grant preliminary plat and site plan approval.Seconded by Mr. Spickler.So ordered. Harvey Sanders and Errma Jane CarbaUgh: Mr.Gudmundson presented the preliminary and final subdivision plat for Harvey Sanders and Errma Jane Carbaugh.The site is located along Edgemont Road.The proposed 1 acre lot will be conveyed to an imrr~diate family member and will have no public road frontage.The site will be served by private .well and septic.Access to the lot will be via a private lane over a right- of-way.Mr.ROUlette made a motion to grant preliminary and final plat approval conditional on receipt of agency approvals.Seconded by Mr.West. So ordered. Chester Younker: Mr.Gudmundson presented the preliminary and final SUbdivision plat for Chester Younker which is located along Seavolt Road.The proposed 10 acre lot will be conveyed to a irrmediate family member.Access to the lot will be over a farm lane.The lot will be served by a private well and septic system.Seavolt Road is less than 16 feet in width but the County Engineer gave his approval since this lot will be conveyed to a family member.Mr. Roulette rr~de a motion to grant preliminary and final plat approval conditional on receipt of agency approvals.Seconded by Mr.Iseminger.So ordered. Site Plans: Banks Brothers: Mrs.Pietro presented the site plan for the Banks Brothers.The site is located along the east side of Earley Drive in the Earley Industrial Park. The developer is proposing to construct a 30,000 square foot addition to an existing rubber products manufacturing plant.Total site area is 12.5 acres.A total of 95 parking spaces will be provided to the site.The site will be served by public water and private septic system.Mr.Roulette rr~de a motion to grant site plan approval.Seconded by Mr.West.Mr.Iseminger abstained.So ordered. Preliminary Consultation: South Side Meadows: The written surrmary for South Side Meadows was presented to the Planning Corrmission for its information only with nothing to be added by the staff. No action was taken by the Commission. 122 OTHER BUSINESS: Hagerstown City Park Master Plan: Mr.Brittain informed the Commission that the City of Hagerstown has forwarded a copy of the City Park's Master Plan for the Planning Commission's review.He added that the staff will review the plan and respond to the City within 60 days.Mr.Brittain said a copy of the Plan is available for review in the Planning office.No action was taken by the Commission. Hub Labels,Inc.: Mrs.Catherine Parks with Fox and Associates approached the Comrrlission and requested the approval of a special rezoning hearing for Hub Labels in Smithsburg.Mrs.Parks is requesting this special meeting due to the importance of the project and the time span between the last 1989 hearing and the first 1990 hearing.Mr.Dahbura,developer,is proposing to construct a shopping center on the site if the rezoning request is approved and has tenants interested.After a discussion,by consensus,the Comrrlission decided that if another case should arise that needs to have a special hearing,a hearing would be considered with the concurrence of the Board of County Commissioners.If not,this case will be heard at the March hearing.So ordered. Maryland Route 68 -Bridge at Antietam: The Commission acknowledged receipt of the letter from the State Highway "Administration regarding bridges along Route 68.Mr.Brittain added that this letter was submitted to the Commission for information purposes only. No action was taken by the COlTlJ1ission. Hancock Town Growth Area Study -Update: Mr.Goodrich inforrrled the Commission that a draft of the Hancock Town Growth Area StUdy was presented to the study committee on November 29.He added that the comrrlittee set a growth area boundary and forrrtllated recolTlJ1endations on a variety of topics including water oold sewer,roads,tourism and solid waste.A meeting is scheduled for January for the comrruttee's approval.It will then be presented to the Hancock Planning Commission,the Washington County Planning COlTlJ1ission,the Hancock Mayor and Council and the County COmITlissioners.Mr.Roulette asked if establishing a growth area boundary was difficult since the Town does not have any zoning restrictions.Mr. Goodrich said that one of the recommendations was that some sort of land use control alternative must be found.No action was taken by the COmITlission. Agricultural Preservation District -Misty Meadow Farms: Mr.Seifarth presented the agricultural preservation district application for ]\'Iisty Meadow Farms.The farm is owned by John C.Herbst,et al.and is located in Ringgold.Mr.Seifarth explained that the farrrl is located within the rural-agricultural area which encourages agricultural preservation.The Agricultural Lands Inventory Map classified this property as prime,long- term farm land.The farm encompasses 355.87 acres with 316 acres in crops and 29 acres in pasture.A total of 36 acres of the farm is located within the floodplain but this area is used for pasture.Over 98%of this farrrl is classified I,II,and III soils.The staff is of the opinion that this application is consistent with the Comprehensive Plan and should be included as an agricultural preservation district.Mr.Spickler made a motion to recommend that the agricultural preservation district application for Misty Meadow Farrrls be approved.Seconded by Mrs.Johnson.So ordered. 123 REZONING CASES: RZ-437 -Intensive Swine and Poultry Facilities -Text Arrlendrr~nt: Mr.Lung presented the Staff Report and Recorrmendation to the CorrnJission for RZ-437.He added that during the public hearing comments were received that all types of animal husbandry should be included in this Ordinance.He said that in order for that to occur,another public hearing must be held.Mr. Iseminger made a motion to recommend to the County Comrrlissioners that RZ-437 be adopted as advertised with the following exception:remove the words 'for sale'from the definition of Intensive Swine and Poultry Facilities in Sections 28.82 and 22.92.Seconded by Mr.Spickler.As a result of the motion;Mr.West,Mr.Iseminger,Mr.Spickler,and Mr.Zombro voted for the motion and Mrs.Johnson and Mr.Moser voted against the motion.Motion carried.So ordered. RZ-438 -Intensive Swine and Poultry Facilities -Special Exception: Mr.Lung presented the Staff Report and Recomrr~ndation to the Corrmission for RZ-438.Mr.Iseminger made a motion to recommend to the County ComrrJissioners to deny the text amendrr~nt for RZ-438 and adopt the Staff Report and Recommendation as the Commission's findings of fact.Seconded by Mr.Spickler.Upon discussion,review of the Staff Report and Recommendation,and the motion,the Planning Corrmission failed to reach a consensus of opinion by virtue of a three to three tied ·vote.Mr. Iseminger,Mr.Spickler and Mrs.Johnson voted in favor of the motion,and Mr.Moser,Mr.West and Mr.Zombro voted against the motion. Workshop Meeting and Fieldtrip: Mr.Brittain passed out the staff recommendation on rezoning cases that were heard on November 13 and the rezoning schedule for 1990. A field trip will be held on Thursday,Decanber 14,1989 at 1:00 P.M.to visit the Cushwa and Sons site.Immediately following the field visit,a workshop meeting will be held to take action on the rezoning cases and the Independent Cement Corporation site plan. On Tuesday,December 19,1989 follOWing the 11:15 public hearing,the Commission will meet to review the Water and Sewerage Plan for the required biannual update. ADJOURNMENT : 'rhere being no further business,the meeting adjourned at 11:00 P.M. 124 WASHING'rON COUNTY PLANNING COMMISSION WORKSHOP MEETING -DECEMBER 14,1989 The Washington County Planning Commission held a workshop meeting on Thursday,December 14,1989 in the Planning COrrIDussion's conference room on the third flood of the County Office BUilding. Members present:Chairman,Donald E.Zombro;Vice-Chairman,Bertrand L. Iseminger;Ex-Officio,Richard E.Roulette;Bernard Moser,Steven west, Donald Spickler and Carol Johnson.Staff:Director,James P.Brittain; Senior Planner,Stephen T.Goodrich,Associate Planner,Lisa Kelly Pietro, and Secretary,Janet L.King. CALL TO ORDER: The meeting was called to order by the Chairman at 2:15 P.M. Independent Cement Corporation -Site Plan: Mr.Brittain informed the Commission that the Department of Natural Resources is re-evaluating the bUffer area associated with the Surface Mining Penmit and will forward a recommendation in the future.The COrrIDJission,by consensus,agreed not to consider this site plan until a corrments are received from the Department of Natural Resources. REZONING CASES: RZ-430 -Maurice Johnson: Mr.Isemil<ger rrade a motion to recorrmend to the County COrrIDlissioners to approve RZ-430 and that the Planning Commission adopts the staff's findings of fact as the Commission's findings of fact.Seconded by Mr.Moser.Mr. Roulette abstained.So ordered.. RZ-431 -Victor Cushwa and Sons,Inc.: Mr.Goodrich distributed correspondence received during the 10-day comment period from John Urner,James Randall and Rose Greenawalt.Ms.Greenawalt expressed her opposition to the proposed rezoning and stated that property values will depreciate,the need for dust control and she suggested that Cushwa and Sons purchase all the property in the area.Mr.Urner reiterated his comments expressed at the public hearing regarding the receipt of approval from the State Highway Administration on the new location to cross the highway,that only a small area will be mined at one time,and not establishing setbacks at this time;it will be determined during the site plan review stage.Mr.Randall stated that there may be some property depreciation but there Teally is no evidence to support this. Mr.West said that the ICC site plan and the rezoning for Cushwa are similar and the Planning Commission should be consistent when establishing setbacks.Mr.Spickler said that the shale located there is needed to .manufacture the brick and the rezoning should be approved.He added that all but two homes have been existing since the mining operation began and after reclaimation of the site,other uses could be established on the site.Mr.Iseminger added that if the site is not rezoned,Cushwa could possibily purchase land 20 to 50 miles away and haul the extraction materials.It's his opinion that the proposal should be approved. After a discussion,Mr.Spickler made a motion to recommend to the County Commissioners the approval of RZ-431 and that the Planning Commission adopts the staff's findil<gs of fact as the COrrIDlission's findings of fact.Seconded by Mr.West.Mr.ROUlette abstained.So ordered. 125 RZ-432 -Hub Labels,Inc.: Mr.Spickler said he doesn't consider this property as ffil agricultural property since it has always had a business on it.He added that it's his opinion that the property was zoned incorrectly in 1973.The proposed BT zone would be suitable for this site.Upon being questioned by the Corrmission regarding the staff's recorrmendation,Mrs.Pietro said that in her opinion,agricultural zoning may not be the best suited zone for the property,however,BT may not be either.The Zoning Ordinance states that public water and sewer must be available to the property if it's zoned BT. Also,the BT zone should be a transition between existing corrmercial and residential zones.Within a 3-mile radius,the properties are zoned Agriculture.Mrs.Pietro added that some proposed uses could be constructed on the property without a rezoning being approved. Mr.West asked how the proposed bffilk could be constructed on the site if the rezoning was denied.Mr.Roulette said the Ordinance could be changed to include bffilks in an Agricultural district.Mr.Goodrich added that the applicffilt could also approach the Board of Zoning Appeals for a Special Exception. After a discussion,Mr.West made a motion to recorrmend to the County Corrmissioners the denial of RZ-432 and that the Plffilning Corrmission adopts the staff's findings of fact as the Corrmission's findings of fact.It was also recorrn~nded that the applicant should approach the Board of Zoning Appeals for a Special Exception use on Agricultural zoned property. Seconded by Mr.Moser.Mr.Roulette abstained.So ordered. RZ-436 -Carrie Stamper,Milton Stamper and Herman Stamper: Mr.Iseminger made a motion to recorrmend to the County Comrrlissioners the approval of RZ-436 and to adopt the staff's findings of fact as the Corrmission's findings of fact.Seconded by Mr.West.Mr.Roulette abstained.So ordered. Site Plan: Washington County Sanitary District Conococheague Wastewater Treatment Plant: Mr.Goodrich presented the site plan for the Washington County Sanitary District Concocheague Wastewater Treatment Plant.The site is located in the 70/81 Industrial Park with access onto Elliott Parkway.The Washington County Sanitary District's new administration office is located on this site also.The new plant is designed to treat 2.5 mgd,it will relieve pressure from the Halfway treatment plant and also provide service to areas not being served now.The influent will be received through a major line from the southeast,an easement from the northeast and another maj or line from the southwest.It is first collected at the headworks and is pumped to the sequencing batch reactor.The solids settle to the bottom and are pumped to the solids handling building.The sludge is then taken by truck to a landfill for disposal.The liquids are pumped from the sequencing batch reactor to the filter bUilding,treated by ultra-violet light and discharged into the Concocheague Creek.A total of 5 employees will be located in the control building.The existing trees will be retained on the site and additional landscaping is provided around the control building.A fence has been constructed for security and safety.During review of the site plan, lighting was not shown for the parking area at the control building,signs needed to be shown and the arrangement for maintenance of the roads should be provided.Revisions are being made to include these items.Floodplain is located on the site and the Sanitary District is proposing to chffilge the floodplain boundary.Applicable State ffild Federal agencies have already been contacted.Mr.Spickler made a motion to approve the site plan conditional on the lighting being shown,the sign location being shown and the maintenance of the roads being added to the plan.Seconded by Mr. Moser.So ordered. 126 Mr.Brittain passed out the updated amendments to the Subdivision Ordil~ce for the Corrrnission's use.He also distributed letters from S.H.A.R.P. ADJOURNMENT : There being no further business,the meeting adjourned at 3:30 P.M. 127