HomeMy WebLinkAbout1990 MinutesWASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -JANUARY 11,1990
The Washington County Planning Commission held its regular meeting on
Thursday,January 11,1990 in the second floor conference room of the County
Office BUilding.This meeting was postponed from the Monday,
January 8,1990 meeting due to inclement weather.
Members present were: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 PlffiLner,John Gudmundson and Secretary,Janet L.
King.Chairman Donald Zombro was absent.
CALL TO ORDER:
The meeting was called to order by the Vice-Chairman at 6:30 P.M.
WATER AND SEWERAGE PLAN BIENNIAL UPDATE:
Mr.Lung presented a copy of the updated Water and Sewerage Plan to the
Conmission.He informed the Commission that the State requires an update of
the Plan every two years,with the last update held in 1987.Mr.Lung
briefly explained the changes to the text,charts,tables and water and
sewer service area maps.
Mr.Lung added that there were a few requests for changes to the Plan by
some service providing agencies that were not included due to the changes
either not being compatible with the Comprehensive Plan or not meeting the
amendment reqUirements.
Following a discussion of the changes included and not included in the Plan,
Mr.Lung informed the Commission that a recommendation should be forwarded
to the Board of County Commissioners regardil>g its consistency with the
Comprehensive Plan along with a recommendation of approval.Mr.Spickler
made a motion to recommend to the County Canmissioners to adopt the updated
Plan as presented based on it meeting all the State requirements and its
consistency with the Washington County Comprehensive Plan.Seconded by Mrs.
Johnson.So ordered.
MINUTES:
Mr.Iseminger said under Jerry Harrell of the Decanber 4,1989 regular
meeting minutes the words 'by the County Engineer'should be added to his
motion.Under Garden Spot,the word 'ill'should be 'will f.Mrs.Johnson
made a motion to approve the minutes of the December 4,1989 regular meeting
as amended.Seconded by Mr.West.So ordered.
Mr.Spickler made a motion to approve the minutes of the December 14,1989
workshop meeting as presented.Seconded by Mr.West.So ordered.
UNFINISHED BUSINESS:
Independent Cement Corporation:
Mr.Brittain distributed correspondence which was received during the 10-day
canment period from the residents of the area to the Commission for its
information.Mr.Brittain informed the Commission that the Department of
Natural Resources indicated they should be forwarding correspondence the
week of January 15,1990 which will elaborate on concerns regarding setbacks
associated with the mineral extraction expansion.No action was taken by
the Commission.
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NEW BUSINESS
Variances:
Tracey Thomas:
Mr.Gudmw1dson presented the variance request for Tracey Thomas which is
located along the west side or Wheeler Road.The owner is proposing to
create one lot to consist of 11 acres and utilize the #2 panhandle ror
access,which is wide enough but 13 feet too long.A total or 60 acres is
remaining.The proposed lot also has an existing 413 root long panhandle
which is only 20 reet wide (#1 panhandle).This panhandle was created in
1975 when previous lots were subdivided.The variance is being requested
from the 400 foot panhandle requirements.
Mr.Fred Frederick,consultant,said the owner is proposing two accesses,
one will be used as access ror the house and the other will be access to the
horse farm.
Mr.West made a motion to approve the variance request ror panhandle #2 to
exceed the limit or length and that this approval does not create a
panhandle of the eXisting lane (panhandle #1).The existing lane may
continue to be used as a rarm lane.Seconded by Mr.Spickler.So ordered.
William Williams:
Mr.Gudmundson presented the variance request ror William Williams.The
-site is located along the north side or Mill Point Road.The owner is
proposing to create two lots with access over 25 root panhandles which were
reviewed as a preliminary consultation in 1984.The panhandles are 413 reet
in length.Mr.West made a motion to grant the variance.Seconded by Mr.
Spickler.So ordered.
Je:f:f Hatcher:
Mr.Gudmundson presented the variance request ror Jerf Hatcher.The
property is located along Frog Eye Road.The owner is proposing to create a
3 to 5 acre lot without the required 25 reet or road rrontage.Mrs.Johnson
made a motion to grant the variance based on a hardship that would result
from strict compliance to the Ordinance.Seconded by Mr.Moser.So
ordered.
George McKenna:
Mr.Lung presented a variance request ror George McKenna.The site is
located along the north side or Kaetzel Road and west or Maryland Route 67.
The property is zoned Conservation.The request is for a variance rrom the
Subdivision Ordinance Section 405.11.G.5 limiting the length of panhandles
to 400 reet.The applicant is proposing to create 2 panhandles
approximately 1000 reet in length.
Mr.Lill1g stated that this plan is a revision to a plan reviewed at the
May 1,1989 meeting which involved a variance request ror a reduction in
panhandle width to create 4 panhandles less than 25 reet in width.The
·variance request was denied.
According to the revised plan,the number of panhandles have been reduced
rrom 4 to 2 and the width increased to a mininlum or 25 feet,however,the
length remains at over 1000 reet.The Planning staff and County Engineer
are opposed to the design due to the length or the panhandles and steep
slope or the property.The applicant has not stated a hardship.Mr.Lung
noted that the applicant has also requested that the Caumission consider a
variance for the 424 foot panhandle associated with lot number 8.The staff
has no opposition to this request.
Mrs.Catherine Parks with Fox and Associates stated that the hardship is
that due to the odd shape of the property and the topography or the site,no
other means or access is available in order to allow the parcel to be
subdivided.The developer has approached the owner or Winston Road,a
private lane,ror access to the lots but has been denied the use of the
lane.
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After a discussion,Mr.Spickler made a motion to postpone action 011 this
request until additional comments can be received from the County Engineer
concerning the design of the access roads to the lots.Seconded by Mrs.
JolLnson.So ordered.
Subdivisions:
Chester Martin:
Mr.Seifarth presented the subdivision plat for Chester Martin.The site is
located along Martin Road.The owner is proposing to create a 7 acre lot
which will be conveyed to an immediate family member.A new drive is being
proposed but the County Engineer has disapproved it due to poor sight
distance.Access to the lot will be via an existing lane.All agency
approvals have been received.Mr.Spickler made a motion to grant
subdivision plat approval.Seconded by Mr.Moser.So ordered.
Raymond Emerick:
Mr.Gudmundson presented the subdivision plat for Raymond Elnerick.The site
is located at the end of Tasker Lane which is a private lane.The owner is
proposing to create a 3 acre lot to be conveyed to an immediate family
member.Access to the lot will be via a private right-of-way to Tasker
Lane.The lot will be served by a private well and septic system.All
agency approvals have been received except for a verbal approal from the
Health Department.Mr.Moser made a motion to grant subdivision plat
approval conditiollal on written approval from the Health Department.
Seconded by Mr.Roulette.So ordered.
Paul Cramer:
Mr.Gudmundson presented the subdivision plat for Paul Cramer.The site is
located along the west side of the Smithsburg/Waynesboro Road.The owner is
proposing to create a 1 acre lot to be conveyed to an immediate family
member without public road frontage.Access to the lot will be via a right-
of-way.The County Engineer has stated that no further subdivision can
occur due to a site obstruction on the adjacent property.All written
agency approvals have been received except for the Health Department.Mr.
West made a motion to approve the subdivision plat conditiollal on receipt of
written Health Department approval.Seconded by Mr.Spickler.So ordered.
Julia Wintermoyer:
Mr.Gudmundson presented the subdivision plat for Julia Wintermoyer.The
site is located along Pinecrest Road.The owner is proposing to create a
1.3 acre lot to be conveyed to an linmediate family member without the
required 25 feet of public road frontage.The lot will be served by private
well and septic system.All approvals have been received except for the
Health Department and the Sanitary District.Mr.Spickler made a motion to
approve the subdivision plat conditional on approvals from the Health
Department and Sanitary District.Seconded by Mrs.Johnson.So ordered.
Norway Lane Farm:
Mrs.Pietro presented the prelimillary and fLnal subdivision plat for Norway
Lane Farm,lots 1 through 6.The site is located along the northwest side
of Charles Mill Road.The owner is proposing to create 6 residential lots
with sizes ranging from 1 to 2.5 acres.Access to the lots will be via
Charles Mill Road.Lots 2,5 and 6 will be served by a panhandle which will
be less than 400 feet.The lots will be served by individual wells and
septic systems.All agency approvals have been received.Mr.West made a
motion to grant prelimillary and final plat approval.Seconded by Mrs.
Johnson.So ordered.
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Redamar Estates:
Mr.Lung presented the preliminary subdivision plat for Redamar Estates.
The site is located along the south side of Route 40 directly across from
the Beaver Creek Antique Market.The owner is proposing to create 15
residential lots on 37 acres.Zoning is Agricultural.The property is
located outside the designated Urban Growth Area and has 90%Class I,II,
and III soils.Proposed lot sizes will range from 1 to 3.5 acres.A new
County road to be called Redamar Drive will be constructed to serve the
development.Two parcels of remaining land are located in the front of the
property along Route 40.The lots will be served by private wells and
septic systems.All written agency approvals have been received except for
the Health Department.A verbal approval has been received.Final plat
approval will be conditional upon results of a test well.There are
existing structures on the site that will be removed.The house is listed
on the Historic Sites Survey for Washington County.The Historic District
Commission (HDC)does not have reglatory power,however,they will review
the demolition permit prior to demolition.If its determined by the HDC
that the structure has a historic significance,the Commission will
recommend alternatives to demolition.Mr.Fred Frederick,consultant and
Mrs.Maria Valiante,owner/developer,both stated that the house is not safe
for any refurbishing.Mr.Frederick added that the house is listed on the
Survey because of its age,not historic significance.
Following a discussion about the HDC review process,Mr.West made a motion
to approve the preliminary subdivision plat conditional on Health Department
approval.Seconded by Mr.Spickler.So ordered.
Colonial Park:
Mr.Gudmundson presented the preliminary and final resubdivision of lots 11
and 12 in Section B of Colonial Park.The site is located along the west
side of Colonial Drive.The owner is proposing to resubdivide the lots and
construct duplex units on the property.The lot sizes will range from 6100
square feet to 7200 square feet.All agency approvals have been received.
Mr.Roulette made a motion to grant preliminary and final plat approval.
Seconded by Mr.West.So ordered.
Clear Spring Associates:
Mr.Iseminger stepped down as Chairman due to an interest in this project.
Mr.Spickler chaired the meeting at this time.
Mr.Gudmundson presented the preliminary and final subdivision plat for
Clear Spring Assocates,Parcel C,Lot 1 through 3.The site is located
along the north side of U.S.Route 40 and 1 mile east of the Town of Clear
Spring.A preliminary consultation was previously held for five lots and a
variance was requested to obtain access onto Route 40.Proposed lots 4 and
5 did not perc.The proposed lots will range in size from 1.1 to 1.5
acres.The lots will be served by private wells and septic systems.The
State Highway Administration has given its approval but recommended that two
of the proposed three lots share a dual access drive.Mr.Moser made a
motion to grant preliminary and final plat approval.Seconded by Mr.
Roulette.So ordered.
Mr.Iseminger returned to chair the meeting at this time.
Site Plans:
Benchmark Quality Homes:
Mrs.Pietro presented the site plan for Benchmark Quality Homes which is
located along the east side of Hump Road.Zoning is Industrial General.
The owner is proposing to construct a 115 x 60 foot warehouse building to be
divided into three sections on a 1 acre tract.One section will be for
Benchmark and the other two sections will be rented.The site will be
served by pUblic water and sewer.The lighting will be building mounted.
Access to the site will be via Hump Road.Landscaping is provided around
the property lines and the sidewalk.The Board of Zoning Appeals granted a
variance in 1987 to reduce a 200 foot front yard buffer to 112 feet.Mr.
Roulette made a motion to grant site plan approval.Seconded by Mr.West.
So ordered.
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Preliminary Consultations:
Highlands of Landis Spring:
The written summary for the preliminary consultation on Highlands of Landis
Spring was presented to the Commission with nothing to be added by the
staff.No action was taken by the Commission.
Sterling Oaks:
Mrs.Pietro presented the concept plan for Sterling Oaks.The site is
located along the north side of Sterling Road.The property was previously
rezoned from Agricultural to Rural,Residential.The owner is proposing to
create 107 residential lots.Minimutn lot sizes will be 15,000 square feet.
The site will be served by public water and sewer.During the preliminary
consultation,the County Engineer requested that the entrance to the site be
relocated to the southwest due to work being done to the railroad crossing
on Sterling Road.There is floodplain on the site and the consultant is in
the process of change the floodplain delineation on the F.E.M.A.maps.Mr.
Iseminger stated that during the rezoning hearing adjacent residents had
concerns with lights from this site.Ms.Stamper,owner/developer s<lid this
concern has been <lddressed.No action was taken by the Commission.
Rezoning Cases:
RZ-440 -Residential Identification Signs for Subdivisions:
"Mr.Brittain reviewed the text amendment and stated no comments were
received during the 10-d<lY period following the public hearing.The staff
had no additional recommendations to the text amendment proposed by the
Planning Commission.Mr.Spickler made a motion to recommend to the County
Commissioners the adoption of RZ-440 as advertised.Seconded by Mrs.
Johnson.Mr.Roulette abstained.So ordered.
RZ-441 -Essential Utility Equipment -Text Amendment:
Mr.Brittain outlined the purpose of the text amendment as advertised and
the proposed revisions suggested during the 10-d<lY period following the
public hearing.Mr.Brittain discussed the staff's concerns associated with
the effect the text amendment would have on siting future water and
wastewater treatment facilities.The Commission is of the opLnion that land
use compatibility and public input should be a part of any amendment.After
a discussion,Mr.Spickler made a motion to recommend to the County
Commissioners the denial of RZ-441.Seconded by Mr.Moser.Mr.Roulette
abstained.So ordered.
OTHER BUSINESS:
Rezoning Case Procedure:
The Planning Commission reviewed the proposed rezonLng case procedures as
developed by the County Attorney.Mr.Brittain said the staff is
recommending that no case will begin after 10 P.M.'unless it can be
determined that it will be completed by 11 P.M.'.The items listed under
the applicant's presentation,#2 is not applicable.
Mr.Moser is of the opinion that instead of listing the items that are
needed in the applicant's presentation,it should state to refer to the
Zoning Ordinance.
Mr.Brittain said he would forward these suggestions to the COlmty Attorney.
ADJOURNMENT :
There being no further business,the meeting was <ldjourned at 10:00 P.M.
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WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -FEBRUARY 5,1990
The Washington County Planning Commission held its regular meeting on
Monday,February 5,1990 in the second floor conference room of the County
Office Building.
Members present were:Chairman,Donald E.Zanbro;Vice-Chairman,Bertrand
L.Iseminger:Ex-officio,Richard E.Roulette;Steven West,Carol Johnson,
and Bernard Moser.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.Walkley.
Absent was Donald Spickler.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:05 P.M.
MINUTES:
Mr.Iseminger said that under Clear Spring Associates,he would like it
noted that he stepped down as Chairman due to the fact that his employer,
Davis,Renn Associates,is involved in the project.Mr.Iseminger made a
motion to approve the minutes as amended.Seconded by Mr.Moser.So
ordered.
Mr.Brittain recommended that the Commission defer any action on the
Adequate Public Facilities Ordinance and the Planning Commission's Work
Program until a workshop meeting due to the length of the February agenda.
Be consensus,the Commission will hold a workshop meeting to discuss these
items.Mr.Brittain reminded the Commission of the informational meeting on
the Adequate Public Facilities Ordinance on February 8,1990 at 7:00 P.M.
UNFINISHED BUSINESS:
Independent Cement Corporation:
Mr.Brittain informed the Commission that Independent Cement Corporation
(ICC)met with the Department of Natural Resources on January 26th to review
their requirements.ICC requested that their company have two weeks to
further review Th~R's requirements and submit comments.The Department of
Natural Resources granted the request and set as a deadline for comment
February 15,1990.No action was taken by the Commission.
Woodbridge PUD -Revised Development Plan:
Mr.Lung reminded the Commission that during the December meeting,the
Commission approved the revised development plan for Woodbridge.Along with
that approval,the Commission placed conditions on the plan.Mr.Lung
informed the Commission that the revised plan still needs to address two
items.He added that the staff is requesting clarification of the Planning
Commission's action concerning the commercial area and the phasing of the
development.Mr.Lung stated that the concern on the buildable commercial
area has been resolved.The developer is requesting that the Commission
clarify its action regarding the phasing of the commercial area.The staff
has informed the developer that according to the Zoning Ordinance the
commercial area cannot be constructed prior to the residential area,
however,the commercial area may be constructed concurrently with the
residential area.
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Mr.Thomas Poss,developer,stated that in his opinion,the staff's
interpretation of the phasing requirements are too restrictive.Mr.Poss
presented a letter from his attorney,William C.Wantz,outlining his
intrepetation of the requirements.Mr.Poss stated that he is of the
opinion that by installing the infrastructure for Phase I,which includes 25
townhouse units and 36 single-family units along with other improvements to
serve the other phases,constitutes a sufficient level of committment on the
part of the developer to allow the commercial portion of the development to
be constructed.He stated that another developer will be doing the actual
home construction and that his company will be doing the commercial
development.Tying the construction of the commercial area to the
construction of actual dwellings in the residential area would put an
unusual hardship on him.
Following a discussion regarding the number of dwelling units involved in
Phase I,the Commission,by consensus,agreed that prior to issuance of a
building permit for the commercial area,infrastructure for Phase I shall be
completed and building permits for at least 50%of the residential dwelling
units in Phase I shall have been issued.
George McKenna Variance:
Mr.Lung reminded the Commission that this variance request was postponed
from the January meeting until comments were received from the County
Engineer concerning the construction of accesses to serve lots 3 and 4 due
to the grade and length of the proposed panhandles.The County Engineer has
commented by saying that his office is opposed to panhandles exceeding 400
feet in length,however,the proposed grade of 15%is acceptable.It was
his opinion that a shared access not be used.
Russ Townsley with Fox and Associates said the concept plan was presented to
the Carnnission with a proposal for four panhandles.The Commission
expressed concern so two panhandles were eliminated.The property has no
access to the rear due to its shape,therefore requiring the long panhandles
in order to subdivide and obtain fee-simple road frontage.
After a discussion regarding the shape of the property,the slope of the
driveways and whether one or two accesses should be constructed,Mr.
Roulette made a motion to grant the variance on the panhandle length for
lots 3,4 and 8 and that the developer be required to construct a 16 foot
wide driveway back to lots 3 and 4 with 1/2 of the driveway being on each
individual panhandle.Seconded by Mr.West.As a result of the motion,Mr.
Iseminger,Mr.Moser and Mrs.Johnson voted no and Mr.Roulette and Mr.West
voted yes.The motion fails and the variance is denied.
Mr.Roulette made a motion to grant the variance on the panhandle length for
lot 8.Seconded by Mr.Iseminger.So ordered.
Robert Irving and James Reed -Revised Preliminary Plat/Site Plan:
Mrs.Pietro informed the Carnnission that a revised plan has been submitted
for a proposed farm machinery dealership located along the Leitersburg
Pike.The revision shows the proposal to expand the machinery display area
next to a single-family dwelling.No screening is proposed between the
residence and the display area.The staff is of the opinion that screening
should be added.The consultant states that the adjacent property owner
does not want the screening.The staff is of the opinion that if the
adjacent property owner should move,the new owner may not want to have
tractors parked next to his property line.
Mr.Russ Townsely with Fox and Associates said the adjacent dwelling is
situated on a hill and the screening will not keep him from seeing the
tractors.
After a discussion on whether screening should be provided around the
display area,Mr.West made a motion to approve the revised site plan and
that screening not be required as long as a letter is submitted from the
adjacent resident stating that he has no problem with the location of the
proposed display area.Seconded by Mr.Roulette.So ordered.
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NEW BUSINESS:
Variances:
A.Romayne Miller:
Mrs.Pietro presented the variance request for A.Romayne Miller.The site
is located along the east side of Ixmnayne Drive.The applicant is
proposing to create a .78 acre lot without the required 25 feet of public
road frontage.Access to the proposed lot will be via D::>rmayne Drive which
is a private lane used by Mr.Miller and adjacent residents.The County
Engineer has no problem with the proposal.Mr.West made a motion to grant
the variance.Seconded by Mrs.Johnson.So ordered.
Jennifer Wright:
Mr.Gudmundson presented the variance request for Jennifer Wright.The site
is located along Tasker Lane,which is not County maintained.The applicant
is proposing to create a 1 acre lot without the required 25 feet of public
road frontage.Access to thel ot will be via Tasker Lane.A statement has
been signed by the property owners and the residents which use Tasker Lane
to permit the access to the proposed lot.The staff is recommending denial
since no hardship has been stated.Mr.Iseminger asked what the condition
of Tasker Lane is and Mr.Gudmundson said its an 8 to 10 foot wide gravel
lane which is in good condition.Mr.Iseminger made a motion to grant the
variance with the condition that no further subdivision be permitted for the
entire tract.Seconded by Mr.Moser.So ordered.
-Mr.&Mrs.Jon Pennington:
Mr.Gudmundson presented the variance request for Mr.&Mrs.Jon Pennington.
The site is located along the private portion of Frog Eye Road.The owners
are proposing to create a 3 to 5 acre lot without the required 25 feet of
public road frontage.The applicants stated hardship is that a mortgage may
be needed to complete their house,and they want to subdivide this lot so
the entire farm is not tied up in a mortgage.Mr.Iseminger made a motion
to grant the variance with the condition that no further subdivision be
permitted on the remaining lands.Seconded by Mr.West.So ordered.
Roberta Lawson:
Mr.Gudmundson presented the variance request for Roberta Lawson.The site
is located along the east side of Burnside Bridge Road.The owner is
proposing to create a 3 acre lot to be served by a 785 foot panhandle.The
existing 50 foot wide panhandle will be split into two 25 foot strips for
access to the 3 acre lot and to the remaining lands.The panhandle to the
remaining lands will be 1000 feet in length.Mr.Iseminger made a motion to
grant the variance from the panhandle requirements.Seconded by Mr.West.
As a result of the motion,Mrs.Johnson and Mr.Moser voted no and Mr.
Roulette,Mr.West,Mr.Iseminger and Mr.Zombro voted yes.The motion
passes.So ordered.
D::>nald Forsyth:
Mr.Gudmundson presented the variance request for D::>nald Forsyth.The site
is located along the north side of Fairview Road (Route 494).The owner is
proposing to create a 1 acre lot from his 51 acre tract.Route 494 is
classified as a Major Collector with a minimum of 300 feet between new and
existing points of access.Due to a dip in the roadway,the location of the
proposed driveway,which is only 100 feet from an existing driveway,permits
better sight distance.State Highway Administration has approved the
entrance location.Mr.Iseminger made a motion to grant the variance based
on a topographical hardship to increase safety.Seconded by Mrs.Johnson.
So ordered.
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Myrtle Slick:
Mr.Gudmundson presented the variance request for Myrtle Slick.The site is
located along the east side of Hoffmaster Road.The owner is proposing to
create a 9 acre lot to be served by a 700 foot panhandle.A total of 3
acres is remaining.The Board of Appeals granted a variance for a reduction
in lot width to be less than 300 feet.
Jerry Cump,consultant,said its his opinion that the variance should be
granted since the zoning appeal was submitted prior to the adoption of the
panhandle regulations.
Mr.Iseminger made a motion to grant the variance fram the panhandle
regulations.Seconded by Mr.Moser.So ordered.
Subdivisions:
Sabine Subdivision:
Mrs.Pietro presented the preliminary and final subdivision plat for Sabine
Subdivision,lots 2 through 6.The site is located along the northwest side
of the Downsville Pike.Total site area is 17.7 acres.The owner is
proposing to create 5 residential lots with sizes ranging from 3 to 5.5
acres.The lots will be served by individual wells and septic systems.
Lots 2 and 4 do not have public road frontage and will have access over a 50
foot right-of-way owned by Mr.Sabine.They are to be conveyed to an
immediate family member.Lots 3,5 and 6 have frontage onto the Downsville
Pike.All agency approvals have been received.Mr.Moser made a motion to
grant preliminary and final plat approval.Seconded by Mrs.Johnson.So
ordered.
Potomac Estates:
Mrs.Pietro presented the preliminary subdivision plat for Potomac Estates,
Section B,lots 15 through 27.The site is located along the north side of
Route 68 just west of the D::>wnsville Pike.The owner is proposing to create
13 residential lots on 15.2 acres.Proposed lot sizes will be 1 acre and
will be served by individual wells and septic systems.The lots will be
served by new County roads to be called Lock Tender Lane and River Walk.
The State Highway Administration has approved the entrance location onto
Route 68.All agency approvals have been received.Mr.Iseminger made a
motion to grant preliminary plat approval.Seconded by Mrs.Johnson.So
ordered.
Ashley Acres:
Mrs.Pietro presented the preliminary and final subdivision plat for Ashley
Acres,lots 2 through 10.The site is located in the northwest corner of
the intersection of Route 40 and Old Route 57.The owner is proposing to
create 9 residential lots with sizes ranging from 1 to 3.5 acres.The lots
will be served by individual wells and septic systems.Lots 2 and 3 will be
served by a common drive onto Route 40,all other lots will have access onto
Route 57.The Health Department and State Highway Administration have
approved the plat.The County Engineer has disapproved the subdivision plat
since Old Route 57 is only 14 feet in width and not adequate to handle the
additional traffic that will be generated fram this development.A
preliminary consultation was held in the Spring of 1989.At that time,the
County Engineer had no problem with the development.He was not aware that
Old Route 57 was less than 16 feet or owned by the County.
Russ Townsely with Fox and Associates suggested that the County Engineer
measure the width of Old Route 57.It's his opinion that the road is 16 to
17 feet in width.
Mr.Roulette made a motion to grant preliminary and final plat approval
conditional on the developer widening Route 57 to 18 feet.Seconded by Mr.
vvest.So ordered.
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Robert Roulette and Annabelle Roulette:
Mr.Gudmundson presented the preliminary and final subdivision plat for
Robert Roulette and Annabelle Roulette.The site is located along Route 34
just west of Sharpsburg.The owner is proposing to create a 3 acre lot to
be conveyed to an immediate family member.Access to the lot will be via a
shared entrance.The staff is recommending approval of the subdivision plat
conditional on the receipt of all agency approvals.Mr.Iseminger made a
motion to grant the preliminary and final subdivision plat conditional on
all agency approvals be received and that the lot be served by a shared
driveway.Seconded by Mrs.Johnson.So ordered.
Highlands of Landis Springs:
Mrs.Pietro presented the preliminary subdivision plat for Highlands of
Landis Spring,lots 1 through 26.The property is located along the east
side of Alternate Route 40.The owner is proposing to create 26 residential
lots with sizes ranging from 1 to 3 acres.The lots will be served by
individual wells and septic systems.The development will be served by
three new County maintained streets with one access onto Alternate Route
40.All agency approvals have been received.A verbal approval was granted
from the Health Department.Mr.Iseminger made a motion to grant
preliminary subdivision plat approval.Seconded by Mr.West.So ordered.
site Plans
Smithsburg Plaza:
Mrs.Pietro presented the site plan for the Smithsburg Plaza.The site is
located in the southeast corner of the intersection of Route 64 and Route
77.Zoning is Business Transitional.The owner is proposing to construct a
small shopping plaza to consist of a convenience store,pharmacy,etc.on 2
acres.The proposed building size is 15,000 square feet.The site will be
served by public water and sewer from the Town of Smithsburg.Hours of
operation will be from 9:00 A.M.to 9:00 P.M.and there will be
approximately 15 employees.A total of 77 parking spaces are provided.
Lighting is provided to the site and will consist of building mounted and
pole mounted lights in the parking area.A sign will be located at the
entrance to the site.Access to the site will be shared with the Smithsburg
Medical Center.The proposed landscaping is adequate.The Board of Appeals
granted a variance to permit a convenience store in a BT zone.The
Smithsburg Fire Company has requested that a fire hydrant be located in the
northeast corner of the site.When the medical center was constructed,the
fire chief requested a hydrant to be installed to serve the remaining
lands.The developer is of the opinion that the hydrant is not necessary.
Mr.Jerry Spessard,developer,informed the Commission that he is installing
a sprinkler system and its his opinion that a fire hydrant is not
necessary.He said he would be willing to contribute in the cost of
installing the hydrant as long as other property owners did the same since
the hydrant will be serving a large area.
After a discussion,Mr.West made a motion to grant site plan approval
without the installation of the hydrant.Seconded by Mr.Moser.Mr.
Iseminger abstained.So ordered.
Citicorp Child Care Center:
Mrs.Pietro presented the site plan for the Citicorp Child Care Center.The
center will be located at the rear of the existing Citicorp building.
Zoning is Highway Interchange.The owner is proposing to construct a 10,000
square foot building for a day care center.The estimated hours of
operation will be fran 6:00 A.M.to 6:00 P.M.,Monday through Friday.A
total of 29 parking spaces are provided.The site will be served by public
water and sewer.Access to the day care center will be via the existing
drive serves the existing Citicorp complex.The drive will be maintained by
Citicorp.Lighting will be building and pole mounted.The proposed
landscaping plan is adequate.A chainlink fence is to be installed around
the play area at the rear of the building.All agency approvals have been
received.Mr.Roulette made a motion to grant site plan approval.Seconded
by Mrs.Johnson.Mr.Iseminger abstained.So ordered.
137
"
Preliminary Consultations:
Black Rock Estates:
Mr.Goodrich presented the concept plan for Black Rock Estates.The site is
located along the north side of Mt.Aetna Road.The owner is proposing to
create 531 residential lots on 343.76 acres.The development will be served
by public water and sewer.Section 402.3 of the Subdivision Ordinance
states that where a subdivision abuts an existing or proposed major
thoroughfare,the developer shall provide adequate protection for
residential properties and shall provide the separation of through and local
traffic be means of parallel streets with lots backing to the thoroughfare
along with screened planting or parallel streets with short cul-de-sacs
having terminal lots backing to the thoroughfare.The staff is of the
opinion that once Mt.Aetna Road is improved,it would be considered as a
major thoroughfare.The staff is also of the opinion that all lots in the
development should be provided access from interior streets,not direct
access to Mt.Aetna Road.The Commission needs to determine if Mt.Aetna
Road is considered a major thoroughfare.
Mr.Iseminger said that with the proposed traffic from this development and
the golf course,the proposed lots should be served from the interior
streets for safety purposes.Mr.Bill weikert with Fox and Associates said
its his opinion that Mt.Aetna Road is not a major thoroughfare since it
does not go anywhere.He added that this road was constructed to serve the
golf course and the proposed development.Mr.Weikert said the lots will be
enlarged and will provide shared entrances onto Mt.Aetna Road.The
developer is proposing to front the dwellings onto Mt.Aetna Road due to the
golf course being located across the road.Mr.Iseminger said even if
access is not permitted onto Mt.Aetna Road,the dwellings could still have
a view of it.
Mr.Roulette said that a definition needs to be determined for a major
thoroughfare.He added that if the County Engineer recommends that the lots
be served by the interior street system,then the Planning Commission will
concurr with that request.
No action was taken by the Commission.
Antietam Valley Overlook:
Mr.Lung presented the concept plan for Antietam Valley Overlook.The site
is located on the east side of Maryland Route 62 and on the north and south
sides of Old Forge Road.The developer is proposing to create 402
residential lots on 364.4 acres.zoning is Agricultural.The applicant is
requesting an amendment to the Water and Sewerage Plan to provide public
water to the site.At this time,public water is not available to the site
nor is it planned to be provided within the next 20 years.Proposed lot
sizes will not exceed 25,000 square feet.
During the preliminary consultation,the State Highway Administration
expressed concern on the condition of Route 62 to be able to handle the
additional traffic that will be generated.The State Highway Administration
requested a traffic impact study to involve the impact of the development on
Routes 62,64 and 60.They also stated that the curve at the sharp bend on
Route 62 south of Old Forge Road be realigned and straightened.No private
accesses will be permitted onto Route 62.Access to the lots which front
onto Route 62 must be served by the interior street.
The Health Department had concerns with the concentration of individual
septic systems.The Water Department commented that water is available to
the site with a 12 or 16 inch main extension from Route 62.Some pressure
problems may occur due to the changes in elevation.The Water Department
stated that if this site is served by public water,considerable amounts of
additional new development in the area could be served as well.The County
Engineer did not have a problem with the proposed layout.He concurred with
the comments from the State Highway Administration concerning the realigning
of Route 62 as well as no access onto Route 62.Some sort of stormwater
management will be required as well as grading of some of the lots.The
Permits Office stated that the proposed lots appear to meet the requirements
of the Agricultural district based on availability of public water.Some of
the lot widths may need to be changed due to perk times.
138
The County's Agricultural Land Preservation Planner reviewed the plan and
indicated that Sections A and B consist of more than 80%of Class I,II,and
III soils and would qualify for the Agricultural Land Preservation Program.
Sections C and D have lower quality soil classifications and would not
qualify for the Program.Sections A and B is classified by the Agricultural
Lands Inventory Map as being Prime,long-term farmland.The property is
located outside the adopted Urban Growth Area Boundary in the Rural-
Agricultural Area.The Planning staff has concerns with the use of the
proposed corrnnunity park.The County's Park Planner reviewed the plan and
determined it would not be suitable to the County as a public park.The
staff recorrnnended that this land be kept in its natural state but be
included in with the lots.A historically significant structure is located
on Section A called 'The Hive'.This building is listed on the Historic
Sites Survey.The developer has indicated that the structure will be
preserved.
As stated previously,the applicant has requested an amendment to the Water
and Sewerage Plan.This area does not currently have a water or sewer
priority designation and there are no plans by the service providing
agencies to extend water or sewer to the area.The developer is requesting
a water service priority classification of W-5.
Mr.Roulette stated that he sees a number of problems with the proposed
development.He added that before any density of less than one dwelling
unit per acre can be constructed on the site,the Planning Corrnnission and
County Corrnnissioners must amend the Water and Sewerage Plan.If the Plan is
amended,the developer must meet all the conditions of the reviewing
agencies before approved by the Planning Corrnnission.If the Plan is not
amended,the development cannot be constructed as proposed.A public
hearing has been scheduled for February 27,1990 to hear corrnnents on the
amendment to the Water and Sewerage Plan.Public input is welcomed.
No action was taken by the Corrnnission.
Charles Lohman -Intensive Swine Facility Expansion:
Mr.Lung presented the concept plan and the site plan for Charles Lohman.
He informed the Corrnnission that Mr.Lohman is requesting Planning Corrnnission
approval of his concept plan and Waste Management Plan in order to expand
his existing intensive swine operation.A preliminary consultation was held
on January 25,1990.The farm is located on both sides of Route 57 (st.
Pauls Church Road),approximately 1 mile north of Route 40.Total area of
the farm is 270.91 acres and is zoned Agricultural.Mr.Lohman is proposing
to replace his existing 60 animal unit swine finishing operation with a
422'x 68'farrow to feeder operation having the capacity to house
approximately 447 animal units.The existing waste storage pit constructed
in 1984 will be used for the new operation.The pit has been approved by
the Soil Conservation District and the Maryland Department of the
Environment.
Based on corrnnents received during the consultation,the plan has been
revised and has been approved by the soil Conservation District and the
Extension Service.No additional setbacks or other requirements were deemed
necessary by the reviewing agencies.Mr.Lung showed the location of the
proposed operation on a map and its relationship to nearby residential
development.He noted that the Lohman farm is located within a very large
expanse of Prime,long-term agricultural land.
Following a discussion,Mr.Roulette made a motion to approve the concept
plan and Waste Management Plan.Seconded by Mrs.Johnson.So ordered.
Peachtree Estates:
Mrs.Pietro presented the concept plan for Peachtree Estates.The site is
located along the north side of Republican Avenue.Zoning is agricultural.
The developer is proposing to create 11 residential lots on 11 acres.The
site will be served with individual wells and septic systems.Minimum lot
size will be 1 acre.Republican Avenue is less than 16 feet in width and
the County Engineer has recorrnnended that the frontge of the property be
widened to 18 feet.
139
"
Several residents of the area expressed concern regarding the inadequacy of
Republican Avenue,the loss of orchards and the water problem.The
Commission requested that an in depth study of Republican Avenue be
conducted by the County Engineer.Findings are to be reported to the
Commission at a future meeting.
The Commission informed the residents that if this proposal is submitted for
subdivision,the reviewing agencies must approve the development prior to
construction.The Commission recommended that the residents submit their
concerns in writing to be incorporated with the file.
No action was taken by the Commission.
Robert Burgessor:
The written summary of the concept plan for Robert Burgessor was presented
to the Commission with nothing to be added by the staff.No action was
taken by the Commission.
Charltons Grant:
The written summary of the concept plan for Charltons Grant was presented to
the Comimsison with nothing to be added by the staff.No action was taken
by the Commission.
Joseph Faith:
Mrs.Pietro presented the concept plan for Joseph Faith.The site is
located apprqximately 1200 feet west of Mercersburg Road.The developer is
proposing to create 5 residential lots which are to be conveyed to immediate
family members.Access to the lots will be via a 20 foot private right-of-
way.None of these lots will have public road frontage.Mr.Iseminger
suggested to construct a cul-de-sac street with the lots branching off.
Keith Moore with Frederick,Seibert and Associates stated that due to the
topography of the site,a cul-de-sac street could not be constructed.After
a discussion,the Commission suggested to bring this concept plan back to
the Commission after fUlly investigating the use of an internal
street/private right-of-way to serve those immediate family member lots.
Sterling Oaks:
The written summary of the ooncept plan for Sterling Oaks was presented to
the Commission with nothing to be added by the staff.No action was taken
by the Commission.
OTHER BUSINESS:
Adequate Public Facilities Ordinance and Work program:
The Planning Commission set a workshop meeting for Wednesday,February 14 at
9:00 A.M.in the Planning Commission's conference room to discuss the
Adequate Public Facilities Ordinance and the Commission's Work Program.
Highland Manor:
Associated Engineering Sciences has requested a 90-day extension for
Highland Manor Phase III.Mr.Roulette made a motion to grant the 90-day
extension.Seconded by Mr.Iseminger.So ordered.
Extension Policy:
Mr.Brittain requested that the Commission approve a policy allowing the
Director to have the authority to approve 60 and 90-day extensions on behalf
of the Planning Commission.By consensus,the staff was granted the
authority to approve 60 and 90-day extensions.So ordered.
140
141
Hancock Town Growth Area:
The Planning Commission received a copy of the Hancock Town Growth Area
Study report as it was adopted by the Committee and the Hancock Planning
Commission.Mr.Goodrich informed the Commission that the Hancock Mayor and
Council needs to adopt the report prior to Washington County Planning
Commission's adoption and final adoption by the County Commissioners.No
action was taken by the Commission.
ADJOURNMENT :
There being no further business,the meeting adjourned at 10:30 P.M.
~
WASHINGTON COUNTY PLANNING CQI1MISSION
v\oRKSHOP MEETING -FEBRUARY 14,1990
The Washington County Planning Commission held a Workshop Meeting on
Wednesday,February 14,1990 in the Planning Commission's conference rocm on
the third floor of the County Office Building.
Members present:Chairman,Donald E.Zombro;Vice-Chairman,Bertrand L.
Iseminger;Ex-Officio,Richard E.Roulette;Carol Johnson,Bernard Moser,
Donald Spickler and Steven West.Staff:Director,James P.Brittain;
Senior Planner,Stephen T.Goodrich and Chief of Division of Planning and
Codes Administration,Gary W.Rohrer.
CALL TO ORDER:
The meeting was called to order by the Chairman at 9:00 A.M.
Proposed Adequate Public Facilities Ordinance:
The staff distributed revisions to Article 5 -Schools to the Commission
members.Mr.Rohrer highlighted changes to this section that have been made
since the public information meeting.The changes resulted from discussion
between the Board of County Commissioners and staff during their meeting of
February 13,1990.
The staff also distributed a list of proposed text amendments to the
Subdivision Ordinance that would incorporate the Adequate Public Facilities
Ordinance into the subdivision review and approval process.At this time,
the proposed text amendments are still in preliminary stage and additional
research is needed by the staff prior to the Commission's final
consideration on these amendments.
Mr.Brittain stated the staff's main concern at this point is being in a
position to implement or administer the Ordinance.A meeting with approving
agenices is scheduled to determine any possible problems regarding
implementation.The staff stated that the results of that meeting will be
reported back to the Commission.Upon completion of discussion,no action
was taken by the Commission.
Zoning Ordinance:
Mr.Brittain distributed the latest printing of the Ordinance for the
Planning Commission's members'reference and use.
McKenna -Variance Request:
Mr.Brittain discussed correspondence received from Fox and Associates
regarding the McKenna variance.Upon discussion,the Commission directed
the staff to respond in writing to the consultant outlining their reasons
for dening the variance request.
Airport Site Plan:
Mr.Goodrich presented the site plan of the new Airport terminal which is to
be located on the north side of Showalter Road.The site is to be served by
public water and sewer.Site improvements regarding parking,traffic flow,
stormwater management facilities,landscaping,and terminal operations were
outlined for the Commission.
All improvements indicated on the site plan are in conformance to the
criteria established by the Zoning Ordinance.Mr.Spickler made a motion to
grant site plan approval.Seconded by Mr.Iseminger.So ordered.
142
Informational Request -Sharpsburg:
Mr.Brittain discussed a request from the Mayor and Council of Sharpsburg
for information relating to approved lots and permits in the
Sharpsburg/Keedysville sewer district and the Sharpsburg school district.A
request was also made for information on proposed development.Upon
discussion by the Commission,by consensus,the commission directed the
staff to meet with Sharpsburg officials and provide the information that is
readily available.
Workshop Meeting:
By consensus,the Commission set a workshop meeting for February 27
following the joint public hearing on the Water and Sewerage Plan map
amendment to discuss the Commission's Work Program and any new input
regarding the proposed Adequate Public Facilities Ordinance.
ADJOURNMENT :
There being no further business,the meeting was adjourned at 11:00 A.M.
143
WASHINGIDN COUNTY PLANNING COMMISSION
WORKSHOP MEETING -MARCH 5,1990
The Washington County Planning Commission held a workshop meeting on Monday,
March 5,1990 in the Planning Commission's conference room on the third
floor of the County Office Building.
Members present:Chairman,Donald E.Zombro;Vice-Chairman,Bertrand L.
Iseminger;Ex-Officio,Richard E.Roulette;Carol Johnson,Donald Spickler,
Bernard Moser and Steven West.Staff:Director,James P.Brittain.
CALL TO ORDER:
The meeting was called to order by the Chairman at 6:00 P.M.
Work Program:
Mr.Brittain presented to the Planning Commission a proposed Work Program
for January 1990 through July 1991.Mr.Brittain discussed briefly staff
priorities regarding the Work Program.
The Planning Commission,after a short discussion and by consensus,deferred
a decision regarding the Work Program until the upcoming April Planning
Commission meeting.
ADJOURNMENT :
There being no further discussion,the meeting adjourned at 7:00 P.M.
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -MARCH 5,1990
The Washington County Planning Comnission held its regular meeting on
Monday,March 5,1990 in Court Room No.1 of ,he Court House.
Members present:Chairman,Donald E.Zombro;Vice-Chairman,Bertrand L.
Iseminger;Ex-Officio,Richard E.Roulette;Carol Johnson,Donald Spickler,
Bernard Moser and Steven West.Staff:Director,James P.Brittain;Senior
Planner,Stephen T.Goodrich;Associate Planners Lisa Kelly Pietro and Eric
Seifarth;Assistant Planner,John Gudmundson and Secretary,Janet L.
Walkley.Absent was Associate Planner Timothy A.Lung.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
Mr.Iseminger stated that under the George McKenna variance,Mr.Zombro did
not vote.Mr.Iseminger said that on page 7 in the final paragraph of
Antietam Valley Overlook,the sentence should read 'If the Plan is amended,
the developer must meet all the conditions of the reviewing agencies before
approved by the Planning Commission.'
Mr.Iseminger made a motion to approve the minutes of the February 5,1990
regular meeting as amended.Seconded by Mrs.Johnson.So ordered.
Mr.Iseminger made a motion to approve the minutes of the February 14,1990
workshop meeting as presented.Seconded by Mr.Roulette.So ordered.
144
UNFINISHED BUSINESS:
Independent Cement Corporation:
Mr.Brittain informed the Commission that on February 16,1990 the
Department of Natural Resources met with Independent Cement Corporation
(ICC)regarding setbacks and blasting requirements on the proposed quarry
expansion.During that meeting,ICC presented a proposal to reduce DNR's
proposed setback of 500 feet.The Department of Natural Resources is in the
process of reviewing that information and will respond to ICC.There is not
at this time a definite date to make a final decision.However,DNR will
respond to the ICC proposal within the next two weeks.No action was taken
by the Commission.
Peachtree Estates:
Mrs.Pietro reminded the Commission that during the February meeting the
concept plan for Peachtree Estates was presented to the Commission.The
site is located along RepUblican Avenue and the developer is proposing to
create 11 residential lots.During the February meeting,residents of the
area expressed concerns regarding the inadequacy of Republican Avenue.The
Commission requested that the staff contact the County Engineer to research
Republican Avenue regarding the width and traffic capacity.Mr.Dull
submitted written comments stating that Republican Avenue measures from 11.5
feet to 17 feet in width from Crystal Falls Road west to Route 66.Two
sharp 90 degree turns with restricted sight distance exists at the eastern
curve on Republican Avenue.The intersection of Route 66/Republican Avenue
has very restricted sight distance and the Republican Avenue/Crystal Falls
ROad intersection does not meet current County design standards on sight
distance requirements.Mr.Dull stated that sight distance should be
improved at the Route 66 intersection either by removing or thinning out the
trees along Republican Avenue.The State Highway Administration has
reviewed the County Engineer's recommendations concurrs with these comments
from the County Engineer.
Mrs.Johnson said that several residents expressed concern regarding runoff
onto Republican Avenue and asked if Mr.Dull commented.Mrs.Pietro said
Mr.Dull did not.Mr.Russell Townsley with Fox and Associates added that
during the preliminary consultation Mr.Dull said that due to the size of the
proposed lots,stormwater management will not be required.Runoff is
expected from the construction of the new street and a pipe will be
installed under the new street to handle the additional runoff.Mr.
Townsley asked why the comment on the widening was not brought up at the
time of the consultation.It was Mr.Townsley's opinion that the agencies
would be reviewing the concept plan in more detail to inform the developer
of all the necessary conditions on the development.Mr.Townsely said in
order for the developer to improve the sight distance along Republican
Avenue,a right-of-way must be obtained from adjacent property owners and
that may be impossible to do.
Mr.West said the Planning Commission needs to keep public safety in mind
when reviewing proposals.By consensus,the Commission concurred with the
comments from the County Engineer and the State Highway Administration on
improvements to Republican Avenue.
Joseph Faith:
Mrs.Pietro informed the Commission that the concept plan for Joseph Faith
was presented to them during the February meeting.The site is located
along Mercersburg Road.The owner is proposing to create 5 lots to be
served by a private right-of-way.During the February meeting,the
Commission recommended that the site be served by an internal street/private
right-of-way.The developer is now proposing a common right-of-way with the
driveways branching off the right-of-way into the lots.By consensus,the
Commission approved the revised concept plan.
145
Variances:
Toni and Jeff Sollenberger:
Mrs.Pietro presented the variance request for Toni and Jeff Sollenberger.
The site is located along the southwest side of the Leitersburg/Smithsburg
Road.The variance is being requested from Section 405.ll.G(5)of the
Subdivision Ordinance which states that each panhandle shall not exceed 400
feet in length.The applicant is proposing to subdivide a 34 acre tract
into two parcels.Each lot will be served by a 25 foot wide panhandle with
access onto the Leitersburg/smithsburg Road.Proposed length of lots one's
panhandle will be 750 feet and proposed lot two's panhandle will be 1250
feet in length.An existing farm lane serves the 34 acre tract at this
time.The applicants are stating that their hardship is the existing length
of the farm lane.The applicants purchased the property in order to protect
it from further development.Mr.Iseminger made a motion to grant the
variance on the panhandle length.Seconded by Mr.West.Mr.Moser voted
no.So ordered.
Robert Leiboldt:
Mr.Gudmundson presented the variance request for Robert Leiboldt.The site
is located along the south side of Route 77 east of Smithsburg.The
variance is being requested from Section 405.2A of the Subdivision Ordinance
which refers to the Highway Plan access spacing minimum distance of 300 feet
for this road.The applicant states that the existing and platted access is
to steep for practical use.The proposed entrance is shawn not to be as
.steep but sight distance is limited due to a curve.The State Highway
Administration has recommended denial based on safety.The Planning staff
is also recommending denial.Mr.Iseminger made a motion to deny the
variance based on the State Highway Administration recommendation and a
safety problem which will occur if the proposed entrance location is
utilized.Seconded by Mrs.Johnson.So ordered.
Mr.Brittain informed Mr.Leiboldt to contact the State Highway
Administration and if an entrance location can be determined where safety
will not be a problem,the Planning Commission will consider it.
Subdivisions:
Merle and Virginia Morris:
Mr.Gudmundson presented the preliminary and final subdivision plat for
Merle and Virginia Morris,lot V-3.The site is located off a private lane
along the east side of Crystal Falls Drive (Mt.Lena Road).The proposed
lot consists of 3.26 acres and will be conveyed to an immediate family
member.The proposed lot is zoned Conservation and will be served by
private well and septic system.The access lane is 2100 feet in length.
All agency approvals have been received.The staff is of the opinion that
the plat could be approved but due to the grade and the length of the lane,
further subdivision should be denied.
Mr.Rob Holmes with Associated Engineering Sciences stated that the appliant
wants to convey the remaining lands to their children.Mr.West expressed
his concern with the length and condition of the lane and questioned if
emergency vehicles could use the lane.Mrs.Morris said the lane is in good
condition and vehicles have no problem using it.Mr.Roulette made a motion
to grant preliminary and final subdivision plat approval.Seconded by Mr.
!'loser.So ordered.
Swisher Subdivision:
Mr.Gudmundson presented the preliminary and final subdivision plat for
Edgar Swisher,lots 2 and 3.The site is located along Robinson Road in
Hancock.The proposed lots will be conveyed to immediate family members.
Robinson Road is less than 16 feet in width but the County Engineer has
given his approval since the lots will be conveyed to family members.The
site is located within the proposed Urban Growth Area boundary for the Town
of Hancock.Mr.Spickler made a motion to grant preliminary and final plat
approval.Seconded by Mrs.Johnson.Mr.Iseminger made a motion to amend
the aforementioned motion to approve the subdivision plat with the condition
146
that no further subdivision occur on the other lands of Swisher adjacent to
these lots,with access over a new panhandle,until Robinson Road is
improved to current County standards.Seconded by Mr.Spickler.So
ordered.
Fairway Meadows:
Mrs.Pietro presented the preliminary and final subdivision plat for Fairway
Meadows,Section Blots 21 through 60.The site is located along the south
side of Mt.Aetna Road adjacent to the Blackrock Golf Course and Washington
County Regional Park.Zoning is Residential Rural.The owner is proposing
to create 40 residential lots on 19 acres.The proposed lots will be served
by public water and sewer.All written agency approvals have been received
with a verbal approval from the Health Department.A pedestrian walkway is
being proposed to the Washington County Regional Park in a section that has
yet to be constructed.Mr.Iseminger made a motion to grant preliminary and
final plat approval.Seconded by Mr.Moser.So ordered.
Towne Oak Village:
Mrs.Pietro presented the preliminary subdivision plat and site plan for
Towne Oak Village Section C Phase II,Block I.The site is located along
the south side of the Downsville Pike.Upon completion,the applicant is
proposing to construct 48 townhouse units on 8 acres.The applicant is
requesting the approval to construct 12 units at this time.The site will
be served by public water and sewer.A 1600 square foot tot lot is proposed
in the southwest corner of Phase II.Dusk to dawn pole mounted lights will
be provided for each townhouse unit.A total of two parking spaces are also
provided for each townhouse.Sidewalks are to be installed along the front
of the property lines.The County Engineer and Hagerstown Water Department
have approved the plan.Approvals are outstanding from the Sanitary
District and the Health Department.The Sanitary District is stating that
allocation is not available for any of the 48 units at this time.The
applicant is requesting preliminary approval of the plan to enable him to
construct the streets and install the utilities.The developer is hoping
for allocation for 12 units by summer of 1990.Gray Hebb with Fox and
Associates added that they are also requesting that the staff be given the
authority to approve additional blocks once sewer allocation is available
this summer.Mr.West made a motion to grant preliminary plat and site plan
approval with final approval occurring once sewer allocation is available
for the 12 units shown on the subject plan and those units afterwards.
Seconded by Mr.Roulette.So ordered.
Harry Toms:
Mr.Goodrich presented the preliminary and final subdivision plat for Harry
Toms,lots 1 through 5.The site is located along the northeast side of
Toms Road.The owner is proposing to create five residential lots to convey
to immediate family members.The proposed lots will be less than 1 acre in
size and served by private wells and septic systems.The farm is under
Easement to the Maryland Agricultural Land Preservation Foundation.A
release of the Easement on the five proposed lots has been approved and the
owner will be required to payback the amount.The Health Department has
approved the plan.A verbal approval has been received from the County
Engineer.A portion of Toms Road is less than 16 feet in width and must be
improved.A performance bond has been submitted to the County from Mr.Toms
and must be approved and accepted by the County Commissioners.Mr.Roulette
made a motion to grant preliminary and final plat approval conditional on
written approval from the County Engineer.Seconded by Mrs.Johnson.So
ordered.
Van Lear Manor:
Mr.Goodrich presented the preliminary and final subdivision plat for Van
Lear Manor Section 12 Blocks A and C,lots 426 through 460.The site is
located along the southeast side of U.S.Route 11 near Williamsport.
Zoning is Residential Rural.The owner is proposing to create 35
residential lots to be served by public water and sewer.This section
consists of the extension of Hershey Drive and the construction of Hershey
Court.Approvals have been received fran the County Engineer and the
147
Hagerstown Water Department.The Sanitary District has stated that sewer
allocation for the proposed 35 lots is not available.The developer is
requesting preliminary plat approval to permit the construction of roads and
once sewer allocation is available,final approval.The road construction
will require the crossing of a floodplain area and Water Resources
Administration states that a permit may be required.
Mr.Jerry Cump,consultant,stated that the Sanitary District informed him
that sewer allocation is available for 11 lots.He said he will be putting
a sewer allocation note on the plan stating that 9 lots are approved and the
remaining lots will be approved once sewer allocation is available.Mr.
Goodrich added that the Planning staff has no indication that 11 lots have
sewer allocation.
After a discussion,Mr.Iseminger made a motion to grant preliminary plat
approval conditional on the issue of crossing the floodplain area being
worked out with Water Resources and allocation being available prior to
granting final approval.Seconded by Mr.Roulette.So ordered.
Washington County Business Park:
Mrs.Pietro presented the preliminary and final subdivision plat for the
Washington County Business Park,lot 6.The site is located along the east
side of Hump Road and encompasses 3 acres.The proposed use of the site
will be for an office/warehouse for lawn care.The site will be served by
public water and sewer.Access will be via Hump Road.All agency approvals
have been received.Mr.Spickler made a motion to grant preliminary and
final plat approval.Seconded by Mr.Moser.So ordered.
Jerry Harrell:
Mrs.Pietro presented the preliminary and final subdivision plat for Jerry
Harrell,lots 1 through 8.The site is located along the east side of Bower
Avenue.The Planning Commission previously granted a variance to permit the
driveways into the eight lots to be less than 100 feet apart.Proposed lot
sizes will range from 5,000 to 14,000 square feet.A total of 4 duplex
units will be constructed on the proposed lots with individual property
lines bisecting each unit.A common entrance will serve lots 1 and 2,3 and
4,5 and 6,and 7 and 8.The County Engineer has given conditional approval
stating that site grading plans will be required for lots 7 and 8.All
other agency approvals have been received.Mr.Moser made a motion to grant
preliminary and final plat approval conditional on the County Engineer's
final approval of the site grading plans.Seconded by Mr.Roulette.So
ordered.
Daniel Yetter:
Mr.Gudmundson presented the immediate family member subdivision plat for
Daniel Yetter.The site is located along the west side of the Mercersburg
Road.The proposed lot is to the rear of two lots of record owned by the
Yetters.The proposed lots will be served by private well and septic
systems.Access to the lot will be from a private right-of-way.The
Planning Commission approval will be conditional on receipt of all agency
approvals.Mr.Iseminger made a motion to grant the immediate family member
plat conditional on agency approvals.Seconded by Mr.Spickler.So
ordered.
River Bend Farms:
Mr.Goodrich presented the preliminary and final subdivision plat for River
Bend Farms.The site is located along the west side of Dam #4 Road.The
owner is proposing to create 23 lots for residential use on 128 acres.
Zoning is Conservation.The proposed lots will be served by private wells
and septic systems.A 2000 foot public street will be constructed to County
standards to end in a cul-de-sac.No improvements are required to Dam #4
Road.As a result of comments made by the Planning Commission since the
concept plan was presented to them,this development has decreased in size.
The County Engineer has changed his requirements on having the road widened
since it is his opinion that the 23 lots will not overload the road like the
previously proposed 40 lots would.During the preliminary consultation
148
review,residents of the area expressed concern with the on-site septic
systems and groundwater contamination.The Health Department requested a
hydrogeologic study be performed prior to Health Department approval.The
hydrogeologic study investigated the levels of nitrates/nitrogen and
chlorides in the soil.The report indicated that both indicators would
remain within acceptable levels.
All agency approvals have been received.The residents of the area have
submitted a petition stating their concerns on groundwater contamination,
the ability for adequate fire protection,inadequate roads in the area,the
site's location on prime agricultural soils,and that the subdivision should
not be approved since its located outside the Urban Growth Area boundary.
Mr.Michael Geller,a resident of the area,expressed concerns on behalf of
the residents of the area.Its his opinion that a traffic count should be
taken for Dam #4 Road.The four panhandles proposed exceed the 400 foot
maximum length.He said the local fire company expressed its disapproval.
The Washington County Historical Society expressed concern that the proposed
development will effect the stone fences in the area.
Mr.Goodrich said that there is a written approval from the County Engineer
with no indication of the need for a traffic count.In regard to the
proposed panhandles,the plan was submitted prior to the panhandle
requirements being adopted.Mr.Macolm Devis with Davis,Renn and
Associates said that the panhandles were designed per comments from the
County Engineer.Mr.Goodrich said that the staff did not receive any
comments from the fire company stating its objection.
Mr.Spickler made a motion to grant preliminary and final plat approval and
also to grant a variance from the panhandle length requirement based on
excellence of design as stated by the County Engineer.Seconded by Mr.
West.Mr.Moser and Mr.Iseminger abstained.So ordered.
Site Plans:
William Phillips:
Mrs.Pietro presented the site plan for William Phillips.The site is
located along the northeast side of Alternate Route 40 south of Boonsboro.
The owner is proposing to construct a real estate office on 2.2 acres.
Public water from the Town of Boonsboro will serve the site as well as an
on-site septic system.Lights and signs will be building mounted.A total
of 10 parking spaces are provided.Landscaping will be provided around the
building.All agency approvals have been received.Mr.Roulette made a
motion to grant site plan approval.Seconded by Mr.Iseminger.So ordered.
Preliminary Consultations:
Paul Crampton -P.U.D.:
Mrs.Pietro presented the concept plan for Paul Crampton -P.U.D.The site
is located along the north side of East Oak Ridge Drive.The owner is
proposing to construct single-family,townhouse and apartment units as well
as a commercial area on 12 acres.Total number of family units proposed is
597.Total area of the P.U.D site is 122 acres.During the preliminary
consultation,the County Engineer requested that a traffic study be
conducted to determine the impact on the Route 65/0ak Ridge Drive and the
Oak Ridge Drive/Route 40A intersections.He also stated that no connections
will be permitted onto Rose Hill and Kuhn Avenues.The only access to the
site will be via East Oak Ridge Drive.Mr.Dull said there must be a
separate left and right turning lane for both entrances and a possible
signal.The proposed Funkstown By-pass is adjacent to this site and its
approximate location has been added to the plan.A centerline has not been
determined at this time.The Hagerstown Water Department states that public
water is available.Water Pollution Control states that sewer service is
available.The State Highway Administration has suggested that a traffic
impact study be performed for the Oak Ridge Drive/Route 65 intersection.
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The site is located within the adopted Urban Growth Area boundary.A buffer
will be provided between the commercial area and the residential area.A
tennis court and swimming pool are proposed and the staff recommends that
additional parking spaces be provided in this area.Tot lots will be
provided in the apartment and townhouse area.
Mr.Spickler asked if the street system to the apartment units will be
upgraded to handle the traffic.Mrs.Pietro said the County Engineer did
not mention if a higher density road will be required internally.Mr.Moser
asked if the commercial area will have its entrance location onto Oak Ridge
Drive.Mrs.Pietro said it will probably be served from the interior street
system.Mr.Moser suggested to relocate the commercial area to better serve
the development instead of the travelers on Oak Ridge Drive.No action was
taken by the Commission.
Continental Investment Corporation:
Mr.Goodrich presented the concept plan for Continental Investment
Corporation.The site is located along the west side of Maryland Route 65.
The developer is proposing to create 1095 single family lots and a 9 hole
golf course on 676 acres.Zoning is Agricultural.The developer is
proposing to use the cluster concept which decreases lot sizes to permit
more open space.An amendment to change the priority designations in the
Water and Sewerage Plan is required for the site to be served by public
water and sewer.The Planning Commission needs to set a date for the public
hearing to review the Water and Sewerage Plan amendment.An area may need
to be designated for a temporary on-site package treatment plant.
Approximately 20 to 40%of the site is located within the Urban Growth Area
Doundary.The Planning Commission must determine if this property is to be
included in its entirety within the boundary.The staff is of the opinion
that the majority of the site is located outside the Urban Growth Area due
to the Water and Sewer Plan designations and that the southern portion of
this site was once an Agricultural Preservation District.It was classified
by the Agricultural Lands Inventory Map as prime agricultural land.No
action was taken by the Commission.
Mt.Roundtop Campground:
The written summary of the preliminary consultation was presented to the
Commission with nothing to be added by the staff.Mr.Goodrich did inform
the Commission that an amendment is needed to the Water and Sewerage Plan
and a pUblic hearing date needs to be set.No action was taken by the
Commission.
Deerfields:
The written summary of the preliminary consultation was presented to the
Commission with nothing to be added by the staff.No action was taken by
the Commission.
Andrew Michael:
The written summary of the preliminary consultation for Andrew Michael was
presented to the Commission with nothing to be added by the staff.No
action was taken by the Commission.
Hobart Luppi:
The written summary of the preliminary consultation for Hobart Luppi was
presented to the Commission with nothing to be added by the staff.No
action was taken by the Commission.
150
OTHER BUSINESS:
Agricultural Land Preservation District Applications:
Charles and Maureen Emswiler:
Mr.Seifarth presented the Agricultural Land Preservation District
application for Charles and Maureen Emswiler.The farm is located 1/4 of a
mile north of Mt.Aenta Road along Route 66 and consists of 100 acres.The
Comprehensive Plan classifies this area as the Rural/Agricultural Area and a
Special Planning Area.The farm is being used for pasture and crops.A
total of 98%of the soils are classified as I,II,and III.Mr.Spickler
made a motion to recommend to the County Commissioners to include the farm
in an Agricultural Land Preservation District since its consistent with the
Canprehensive Plan.Seconded by Mrs.Johnson.So ordered.
Howard and Ann Corcoran:
Mr.Seifarth presented the Agricultural Land Preservation District
application for Howard and Ann Corcoran.The farm is located along Route 34
east of the Town of Sharpsburg and consists of 148 acres.The Comprehensive
Plan classifies this area as the Rural/Agricultural Area.The farm is being
used for pasture and crops,and is adjacent to two other Agricultural
Preservation Districts.A total of 83%of the soils are classified as I,
II,and III.Mr.Iseminger made a motion to recommend to the County
Commissioners to include the farm in an Agricultural Land Preservation
District since its consistent with the Canprehensive Plan.Seconded by Mr.
Moser.So ordered.
Harry Kendle:
Mrs.Pietro informed the Commission that Mr.Kendle is proposing to develop
on a simplified plat parcel in order to install a mobile home on 10 acres.
The 10,000 square foot septic reserve area is located off the proposed 10
acre tract.The On-Site Sewage Disposal Ordinance rquires that all 10,000
square foot reserve areas be located on the proposed lot of record.The
staff recommended that the property line be shifted to include the septic
area on the lot.After a discussion regarding a perpetual easement,Mr.
Roulette made a motion to approve the subdivision concept as presented.
Seconded by Mr.Iseminger.So ordered.
B &E Associates:
Mrs.Pietro informed the Commission that the developer,Ewing Oil Company,
is proposing to subdivide around their existing office building,which is
located along Robinwood Drive.The proposed subdivision will not include
the 30,000 square foot septic reserve area that currently services the
office building.
Mr.Jerry Cump,consultant,said if the 30,000 square foot area is included
with the proposed lot,the only entrance location to the site approved by
the County Engineer will be eliminated.He added that an easement will be
provided to the proposed lot for the use of the septic reserve area.
After a discussion,by consensus,the Commission approved the subdivision
concept as presented with the easement being shown on the plan.
Adequate Public Facilities Ordinance:
Mr.Brittain informed the Commission that the staff is still working with
departments to receive comments on the proposed Adequate Public Facilities
Ordinance.Once all comments have been received,the Commission will be
updated on the results.No action was taken by the Commission.
Water and Sewerage Plan Amendment -Antietam Valley Overlook:
The Commission received a copy of the staff report for the Water and
Sewerage Plan amendment for Antietam Valley Overlook.Mr.Iseminger made a
motion to recommend to the County Commissioners that WS-90-1 be denied since
it is not consistent with the Canprehensive Plan.Seconded by Mrs.
Johnson.Mr.Roulette abstained pending action by the County Commissioners.
So ordered.
151
ADJOURNMENT:
There being no further business,the meeting adjourned at 10:30 P.M.
152
~JJ
Donald E.
WASHINGTON COUNTY PIANNING COMMISSION
REGULAR MEETING -APRIL 2,1990
The Washington County Planning Commission held its regular meeting on
Monday,April 2,1990 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;Carol Johnson,Bernard Moser,
Donald Spickler and Steven West.Staff:Planning Director,James P.
Brittain;Senior Planner,Stephen T.Goodrich;Associate Planners,Timothy
A.Lung,Lisa Kelly Pietro,and Eric Seifarth,and Assistant Planner,John
Gudmundson.Secretary,Janet L.Walkley was absent.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 P.M.
Minutes:
Mr.Iseminger made a motion to adopt the minutes of the March 5,1990
Workshop Meeting as presented.Seconded by Mrs.Johnson.So ordered.
Regarding the minutes of the March 5,1990 Regular Meeting,Mr.Moser said
he did not second the motion for Toni Sollenberger,he voted against it.
Mr.Brittain informed the Commission that the staff will review the tapes to
verify the motion.Mr.Iseminger made a motion to adopt the minutes of the
March 5,1990 Regular Meeting as corrected.Seconded by Mr.West.So
ordered.
CORRESPONDENCE:
Letter from Meyers,Young and Grove:
Mr.Goodrich reminded the Commission that approximately 1 year ago a
rezoning occurred along the Dcwnsville Pike to enable Potomac Edison to
construct a technology park.A meeting was held between Mr.Young and the
Planning staff to confirm that there are no time constraints for submission
of the development plan in the 'PI'zone.The letter from Meyers,Young and
Grove confirmed the results of this discussion and also informed the
Planning Commission that Potomac Edison will be moving forward on the
propcsed project.No action was taken by the Commission.
UNFINISHED BUSINESS:
Independent Cement Corporation:
Mr.Brittain informed the Commission that he recently spoke with Mr.Ed
Larrimore.Mr.Larrimore stated that a response from the Department of
Natural Resources should be send to ICC within the next week or so in
response to their propcsed expansion.The Planning Commission will be
notified of the results.No action was taken by the Commission.
NEW BUSINESS:
Variances:
Arthur Litton:
Mrs.Pietro presented the variance for Arthur Litton.The site is located
along the east side of St.Pauls Church Road (Maryland Route 57).The
variance is being requested from the requirements that panhandle lots shall
not exceed 400 feet in length.Mr.Litton is proposing to create a 3 acre
parcel from his 163 acre tract.This lot will be conveyed to an immediate
family member.Access to the lot will be via a private farm lane.The
propcsed panhandle's length will be approximately 696 feet.The farm lane
connects to Route 57.The State Highway Administration has no objection to
this variance request.Mr.Iseminger made a motion to grant the variance
request since the proposed lot will be conveyed to an immediate family
member.Seconded by Mr.Roulette.So ordered.
153
Subdivisions:
Arthur Litton:
Mrs.Pietro presented the preliminary and final subdivision plat for Arthur
Litton.The site is located along the east side of St.Pauls Church Road.
The proposed lot will encompass 3 acres and access will be via a private
farm lane owned by Mr.Litton.The lot will be served by private well and
septic system.All agency approvals have been received.Mr.Roulette made
a motion to grant preliminary and final plat approval.Seconded by Mr.
West.So ordered.
Variances:
Joseph Lawler:
Mr.Gudmundson presented the variance request for Joseph Lawler.The site
is located on the south side of U.S.Alternate 40.The variance is being
requested from Section 405.11G.3 and 5 of the Subdivision Ordinance which
states that panhandles should not exceed 400 feet in length and also that no
more than two adjoining panhandles are permitted.Mr.Lawler is proposing
to create 4 adjoining panhandles with lengths from 800 to 1250 feet.A
variance was approved by the Planning Commission in March 1989 to construct
an entrance location less than 500 fee·t from an existing point of access.
At the time of the variance approval in March,the Planning Commission
conditioned that approval by stating that the Planning Commission will
~valuate the proposed subdivision to determine if its appropriate for this
site.Due to the steep slope of the site,the staff is recommending denial
of this variance request.Mr.Iseminger made a motion to deny the variance
request based on safety concerns due to the steep slope of the property.
Seconded by Mr.Moser.So ordered.
Robert Holbruner:
Mr.Gudmundson presented the variance request for Robert Holbruner.The
site is located along the east side of Garrison Hollow Road.Mr.Holbruner
is proposing to create 1 lot to be served by an 800 foot long panhandle.
Garrison Hollow Road is considered by the County Engineer to be marginal in
width but the County Engineer stated he has no problem with this proposal.
The staff is recommending that no further subdivision be permitted until
Garrison Hollow Road is improved to current County standards.Mr.West made
a motion to grant the variance request with the condition that no further
subdivision by permitted until Garrison Hollow Road is improved to current
County standards and that the property line fall along the south side of the
existing lane.Seconded by Mr.Iseminger.Mrs.Johnson and Mr.Moser voted
no.So ordered.
Larry Crouse:
Mr.Gudmundson presented the variance request for Larry Crouse.The site is
located on Mt.Briar/Trego Road.The variance is being requested from
Section 405.llG of the Subdivision Ordinance which states all panhandles
cannot exceed 400 feet in length.The owner is proposing to create a 3 acre
lot to be served by a 612 foot panhandle.This proposed lot could be
designed with a panhandle that meets the requirements,however,slopes would
be steep and sight distance would be restricted.Mr.Iseminger made a
motion to grant the variance based on a topographical hardship with the
condition that the developer perform the grading as suggested by the County
Engineer.Seconded by Mr.West.So ordered.
Subdivisions:
Virginia Seibert:
Mrs.Pietro presented the preliminary and final subdivision plat for
Virginia Seibert,lot 4.The site is located along the west side of St.
Pauls Church Road,south of 1-70.Zoning is Agriculture.Mrs.Seibert is
proposing to create a 3 acre lot to be conveyed to an immediate family
member.A total of 106 acres will remain.Access to the proposed lot will
154
be via a 10 foot wide farm lane owned by Mrs.Seibert.A private well and
septic system are proposed to serve the lot.A portion of the property is
located within the 100-year floodplain.Through research,the consultant
has determined that the map is in error.The staff is requesting
preliminary approval with the condition that final approval be granted when
the floodplain issue is resolved.All agency approvals have been received.
After a discussion regarding the floodplain issue,Mr.Moser made a motion
to grant preliminary plat approval with the condition that final approval
will be granted once all requirements are meet regarding the floodplain
issue.Seconded by Mrs.Johnson.Mr.Iseminger voted no.So ordered.
Woodfield Estates:
Mrs.Pietro presented the preliminary and final subdivision plat for
Woodfield Estates,lots I through 4.The site is located along the west
side of Chestnut Grove Road.Zoning is Conservation.The owner is
proposing to create 4 residential lots with sizes ranging from 3 to 9
acres.Access to all lots will be via Chestnut Grove Road.A total of 30
acres will remain.The lots will be served by individual wells and septic
systems.All agency approvals have been received.There is floodplain on
the property,however,no development will occur within this area.Mr.
Iseminger made a motion to grant preliminary and final plat approval.
Seconded by Mr.Spickler.So ordered.
Deerfield:
Mrs.Pietro presented the preliminary and final subdivision plat for
Deerfield,lots 4 through 6.The site is located along the east side of
Lanes Run Road.zoning is Conservation.The owner is proposing to create 3
residential lots with sizes ranging from 3.5 to 8.5 acres.A total of 77
acres will remain.Access to all lots will be via Lanes Run Road.The lots
will be served by individual wells and septic systems.All agency approvals
have been received.Mr.Roulette made a motion to grant preliminary and
final plat approval.Seconded by Mr.West.So ordered.
Sterling Oaks:
Mrs.Pietro presented the preliminary subdivision plat for Sterling Oaks.
The site is located along the north side of Sterling Road.Zoning is
Residential Rural.'The developer is proposing to create 108 single-family
residential lots on 50 acres.Minimum lot areas will be 15,000 square
feet.The lots will be served by public water and sewer.A portion of the
property is located within the floodplain.The maps are in the process of
being revised to correct an error in delineation.The staff is requesting
preliminary approval with the condition that the floodplain issue be
resolved prior to final approval being granted and that no permits be issued
until the floodplain issue is resolved.Mr.Merle Holsinger,consultant,
said construction in the floodplain area is under the jurisdiction of Water
Resources Administration as far as grading is concerned.Construction of
buildings in the floodplain is under the jurisdiction of F.E.M.A.A permit
will be issued from WRA within a few days to do improvements to the waterway
in the lOa-year floodplain area.Mr.Holsinger said it's his opinion that
it's unacceptable that a permit cannot be issued from the County to do work
until an approval is received from F.E.M.A for a change in the maps.Mr.
Roulette said if the Planning Commission would grant approval and issue a
permit for the areas located outside the designated floodplain area until
F.E.M.A.resolves the floodplain designation,would this permit the
developer to proceed with the development?Mr.Holsinger said yes but he
would like preliminary approval to allow construction over the entire site;
ie.roads,drainage storwmater management ponds,and the water and sewer
line installation.No building construction can occur until final approval
is received from WRA.He added that once approval is received from WRA,
approval must be granted by the County to proceed with the construction.
Mr.Roulette made a motion to grant preliminary approval conditional on
approval from WRA and that no structural construction be permitted within
the floodplain area until F.E.M.A.approval is received.Seconded by Mr.
Spickler.Mr.Iseminger voted no.So ordered.
155
Hill-N-Dale Acres:
Mrs.Pietro presented the preliminary and final subdivision plat for Hill-N-
Dale Acres,lots 10 through 12.The site is located along the north side of
Mt.Taber Church Road.Zoning is Agriculture.The developer is proposing
to create 3 residential lots with lot sizes being .92 acres.A total of
36.8 acres will remain.The lots will be served by public water and private
sewer.Access to the lots will be via Mt.Taber Church Road.All agency
approvals have been received.Mrs.Johnson made a motion to grant
preliminary and final plat approval.Seconded by Mr.Iseminger.So ordered.
Hagerstown/Washington County Industrial Foundation:
Mrs.Pietro presented the preliminary and final subdivision plat for the
Hagerstown/Washington County Industrial Foundation,lot 1.The site is
located along the north side of Breezehill Road,just west of Route 11 in
the Airport Business Park.Zoning is Highway Interchange.The owner is
proposing to create 1.8 acre lot for commercial purposes.The site will be
served by ,public water and sewer.Access to the lot will be via Breezehill
Road.All agency approvals have been received.Mr.Iseminger made a motion
to grant preliminary and final plat approval.Seconded by Mr.Spickler.So
ordered.
Site Plans:
Washington County Business Park:
Mrs.Pietro presented the site plan for the Washington County Business Park,
lot 6.The site is located along the east side of Hump Road.Zoning is
Industrial General.Access to the site will be via Hump Road.The proposed
lot encompasses 3 acre and the use will be for a 5800 square foot office and
warehouse building for a lawn care service.The site will be served by
public water and sewer.A total of 70 parking spaces are provided.A
dumpster is located to the rear of the site and will be screened by a wooden
fence.The proposed landscaping is adequate.The lights will be building
mounted and also will be located in the parking area.All agency approvals
have been received.Mr.Moser made a motion to grant site plan approval.
Seconded by Mr.Spickler.So ordered.
Sharpsburg Pharmacy:
Mrs.Pietro presented the site plan for the Sharpsburg Pharmacy.The site
is located along the northwest side of Route 34.Zoning is Business
General.The developer is proposing to construct a 6500 square foot
building for a pharmacy on 8 acres.Access will be off Route 34.Public
water and sewer will serve the site.A total of 21 parking spaces are
provided.A dumpster will be provided to the rear of the site.Lighting
will be building mounted.A sign will be located to the front of the
building.Since this property is located within the Antietam Overlay Zone,
the Historic District Commission must review the plan prior to approval.
Verbal approval has been received from the Sanitary District and State
Highway Administration.All other written approvals have been received.
Mr.Iseminger made a motion to grant site plan approval conditional on
receipt of written agency approvals from the Sanitary District,State
Highway Administration and the Historic District Commission.Seconded by
Mrs.Johnson.So ordered.
Hunt Ridge Business Park:
Mrs.Pietro presented the site plan for the Hunt Ridge Business Park,Phase
1.The site is located on the south side of Route 144.Zoning is Highway
Interchange.The developer is proposing to construct a 37,000 square foot
office warehouse building on 71.34 acres.Access to the site will be off
Route 144.The site will be served by public water and sewer.A total of
122 parking spaces are proposed.Lighting will be building mounted.Signs
will be located at the entrance to the site.Landscaping is adequate.A
fire hydrant will be located to the front of the building.The Halfway Fire
Company is requesting that water lines and hydrants be installed along
Hopewell Road to serve the remaining lands.The fire hydrants should be
placed at 500 foot intervals.State Highway Administration has no problem
156
with the proposed entrance location,however,they are recommending that a
traffic study to be completed at this time.The Hagerstown Water Department
has no problem with the development.Water Pollution COntrol has concerns
using an existing pumping station from the Doubleday plant.Mr.Townsley,
consultant,said that the existing pumping station is private and the City
has concerns with pumping sewage into a private system.Mr.Spickler made a
motion to grant site plan approval conditional on receipt of written
approvals from the State Highway Administration,Hagerstown Water Department
and Water Pollution Control.Seconded by Mr.Moser.So ordered.
Jack Barr:
Mrs.Pietro presented the site plan for the Family Recreation Center owned
by Jack Barr.The site is located along the northeast side of Route 40.
Zoning is Agriculture.Mr.Barr is proposing to expand his existing site
with a batting cage and two go-cart tracks.Landscaping is provided
throughout the parking area.Additional landscaping has been requested
along the western and northern property lines and the new go-cart tracks.
Lights are to be provided in the parking area and along the golf building.
The existing sign will remain at the entrance located along Route 40.An
on-site well and septic system will serve the site.The staff is
recommending that some type of sound barrier be provided along the go-cart
tracks to reduce the noise from the adjacent residential area to the west.
An entrance permit is needed from the State Highway Administration.No
comments have been received from the Health Department.
Mr.Barr said he had no problem installing the additional landscaping to
$creen the site from the adjacent residential area.He added that the go-
cart track must be constructed per certain requirements.Mr.Barr said he
would like to construct a 3 foot high berm at the lowest portion of the
tract as a sound barrier.After a discussion regarding the height of the
earthern berm,Mr.Iseminger made a motion to grant site plan approval
conditional on receipt of all agency approvals,that the developer meet with
the Planning staff in developing a plan to provide a sound barrier around
the go-cart track and that screened planting be provided along the property
line to shield the lighting from the adjacent residential area.Seconded by
Mr.West.So ordered.
Preliminary Consultations:
Continential Investment Corporation:
The written summary of the preliminary consultation for Continential
Investment Corporation was presented to the Planning Commission.A verbal
presentation was provided during last month's Planning Commission meeting.
Mr.Goodrich reminded the Commission that the developer must apply for an
amendment to the Water and Sewerage Plan to serve the site with public
facilities.Since the last meeting,the developer has submitted a letter
stating their request to table any further activity on the Water and Sewer
Plan amendment.The Commission acknowledged the request.
Woodfield Estates:
The written summary of the preliminary consultation was presented to the
Planning Commission with nothing to be added by the staff.No action was
taken by the Commission.
Leonard Lowery:
The written summary of the preliminary consultation was presented to the
Planning Commission with nothing to be added by the staff.No action was
taken by the Commission.
157
I,
OTHER BUSINESS:
Agricultural Preservation Districts:
Norman Keuper:
Mr.Seifarth presented the Agricultural Preservation District appalication
for Norman Keuper.The fann is located along Route 62 and zoning is
Agriculture.The Comprehensive Plan designates this area as Rural-
Agricultural.A total of 85%of the fann is listed as prime,long-tenn on
the Agricultural Lands Inventory Map.A total of 54 acres of the fann is in
crops,40 acres are wooded and 6 acres are pastures.Several land owners in
the area are working together to create a 1000+acre preservation district.
This fann has 76.88%soil in class I,II and III.Mr.West made a motion to
that the Keuper fann is consistent with the County's Comprehensive Plan and
should be recommended to the County Commissioners to be included in the
Agricultural Preservation Program.Seconded by Mr.Moser.So ordered.
David Schooley:
Mr.Seifarth presented the Agricultural Preservation District application
for David Schooley.The farm is located at the intersection of Old Forge
and Clopper Roads.The fann consists of 122.65 acres and meets all the
criteria required by the State.This farm did not meet the soil capability
unit requirements but when combined with woodland capability units and had
77%qualifing soils.Mrs.Johnson made a motion to that the Schooley farm
is consistent with the Comprehensive Plan and should be recommended to the
County Commissioners to be included in the Agr~cultural Pr~§~Fyation
Program.Seconded by Mr.Moser.So ordered.
James Harp:
Mr.Seifarth presented the Agricultural Preservation District application
for James Harp.The fann is located along the north side of U.S.Route 40.
The total fann is approximately 288 acres and to maximize the opportunity
for Easement Sale,the fann is being divided into two Districts.The fann
meets all the requirements of the State.Mr.West made a motion that the
Harp fann (both parcels)is consistent with the Comprehensive Plan and
should be recommended to the County Commissioners to be included in the
AgriCUltural Preservation Program.Seconded by Mr.Iseminger.So ordered.
Roy Diller PUD -Final Development Plan:
Mr.Lung presented the Final Development Plan for the Roy Diller PUD which
is now called Fountainview.The site is located along the east side of
Route ll.The site encompasses 77.45 acres.The site was rezoned to
Agriculture-Planned Unit Development in April 1988.The Preliminary
Development Plan was approved by the Planning Commission in July 1989 with
the following conditions to be addressed on the Final Development Plan:1.)
specific uses for open space to encourage community interaction should be
shown on the plan,2.)the commercial areas to be landscaped and screened
from the adjacent existing and proposed residential areas,3.)Home Owner's
Association documents to include provisions for ownership and maintenance of
the townhouse access roads,recreational areas,open space and sidewalks and
4.)notification to property owners of the proximity of the P.U.D.to the
Washington County Regional Airport and possible impacts.The concept has
not been changed from what was shown on the Preliminary Development Plan.
Regarding the conditions that are to be shown on the Final Development Plan,
the developer is proposing to provide two volleyball courts,a picnic
shelter,along with jogging and hiking trails in the open space areas.The
commercial areas will be landscaped and screened with details to be shown on
the site plan for that specific area.A landscaped benn will be provided
between the parking area and the right-of-way for Route II to shield
headlight glare from the adjacent properties.The Home Owner's Association
documents have been submitted,reviewed and approved by the County
Attorney.The Planning staff has also reviewed the documents and they
appear to address all concerns of ownership and maintenance of open space,
sidewalks,etc.A note has been added to the plan concerning the
relationship of the P.U.D.to the Airport and a statement that owners of
property in this P.U.D.development will not bring complaint suits against
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the County in its operation of the AirPOrt.This note is also to become
part of all deed convenants,restrictions and conditions recorded with each
lot in the PUD.The Final Development Plan meets all the conditions stated
by the Planning Commission when the Preliminary Development Plan was
approved and also meets all the criteria for a Final Development Plan as
outlined in the Zoning Ordinance.One of the requirements of the Final
Development Plan is if there are any arrangements between the County and the
developer for on and off-site improvements,that they must be indicated on
the plan.The State Highway Administration and the County Engineer
requested a signal warrant study to determine if a traffic signal may be
necessary along Route 11 at some time during this development.The study
has been submitted to the Planning Department and indicates that a signal
will not be necessary at any time.The staff would like to give the State
Highway Administration and County Engineer the opportunity to review the
study prior to approval of the Final Development Plan.Mr.Spickler made a
motion to grant Final Development Plan approval with the condition that the
State Highway Administration and County Engineer review and approval of the
results of the traffic signal warrant study.Seconded by Mr.Moser.So
ordered.
Hancock Town Growth Area Study:
The Planning Cormnission will review the Hancock Town Growth Area Study
Report during a workshop meeting scheduled for Thursday,April 12,1990.
Clear Spring Town Growth Area:
~.Goodrich inform'iiQ.the Commission that the Planning staff has contacted
the Town of Clear Spring to determined if they would be interested in
pursuing a Town Growth Area Study.The Town of Clear Spring has decided it
would like to receive additional information from the staff on the procedure
for setting this Boundary.The staff will be contacting the Town to set a
meeting date to explain that procedure.Mr.Goodrich informed the
Commission that a Planning Cormnission member needs to participate in the
meetings if the Town decides to continue.No action was taken by the
Cormnission.
Rezoning Cases:
The rezoning cases heard in public hearing on March 13,1990 (RZ-439,
RZ-442,RZ-443 and RZ-444)will be discussed during the workshop meeting on
April 12,1990.
Cool Hollow -IDt 38:
Mr.Goodrich informed the Commission that two 'lots'in the Cool Hollow
Estates subdivision did not pass perculation tests when the plats were
approved in 1977 or 1978.Those two parcels were considered the remaining
lands.The owner of lot 37 would like to purchase one of these parcels as a
separate piece without following the normal procedure which would be to
vacate the cormnon property line and add it to the lot already owned.I t's
the staff I s opinion that the parcel (jf 38)should be added to lot 37.Mr.
Iseminger made a motion to deny the request to keep parcel 38 as a separate
parcel.Seconded by Mr.Spickler.So ordered.
ADJOURNMENT:
There being no further business,the meeting adjourned at 9:15 P.M.
159
WASHINGTON COUNTY PLANNING COMMISSION
WORKSHOP MEETING -MINUTES
'the Washington County Planning Commission held a Workshop Meeting on
Thursday,April 12,1990 in the Planning Commission's conference room on the
third floor of the County Office Building.
Members present:Chairman,DJnald E.Zombro,Vice-Chairman,Bertrand L.
Iseminger,Ex-Officio,Richard E.Roulette,Carol Johnson,Bernard Moser,
DJnald Spickler and Steven West.Staff:Executive Director,James P.
Brittain,Senior Planner,Stephen T.Goodrich,Associate Planners,Timothy
A.Lung and Lisa Kelly Pietro.
CALL TO ORDER:
The meeting was called to order by the Chairman at 1:00 P.M.
Hancock Town Growth Area:
Mr.Goodrich briefly presented the Hancock Town Growth Area Committee's
Report and recommendations for the Planning Commission's review and
adoption.The implications of the recommendations were discussed.The
Commission recognized that implementation would be a continuing effort.A
consensus of opinion arose among the members that an alternative to zoning
within the Town limits should be among the first priorities.Mr.Spickler
made a motion for the Planning Commission to adopt the Committee's Report
~ith the amendment to items 3 and 4 on page 10 adopted by the Mayor and
Council regarding the use of abandonded railroad rights-of-way adjacent to
the C &0 Canal and Potomac River.Seconded by Mr.Roulette.So ordered.
Work Program:
Mr.Brittain presented to the Planning Commission the proposed Work Program
for Fy'91.Mr.Brittain stated that the first page listed projects that are
an ongoing effort by the staff,either required by State regulations,66 B
or previous committment by the Commission and/or Board of County
Commissioners.The second page of the Work Program's listing constitutes
projects that the Commission and staff have discussed in previous meetings
that are policy or goals of the Comprehensive Plan or are items to refine
existing land use regulations.
As a result of the discussion,the Planning Commission recognized that the
Work Program in areas outside the required ongoing or current planning
effort will be a function of demands on the staff in the areas of current
planning,the necessity to shift priorities for reasons not now
identifiable,and future staffing levels.The Commission requested that the
staff arrange,at least quarterly,a meeting to report and discuss the
status of the Work Program.The Commission revised project item on Rural
Land Use (Rural,Agricultural and Village)as presented by the staff to be
consolidated under one heading 'Rural Land Use Update and Review'.
Mr.Spickler made a motion to adopt the Work Program as amended.Seconded
by Mr.Moser.So ordered.
Petition -Kaetzel Road (McKenna Proposed Subdivision)
Mr.Brittain presented to the Planning Commission a petition forwarded by
DJnna T.Neilands by letter dated April 9,1990.The petition signed by
residents of Kaetzel Road and surrounding areas stated objections to the
number of driveways and requested a meeting with the Planning Commission
regarding this matter.The commission,by consensus,requested the staff to
draft a letter for the Chairman's signature to acknowledge receipt of the
petition,indicate the current status of the proposed subdivision,and the
Commission's proceedure for the consider0tion of multi-lot subdivisions.
160
Rezoning Cases:
RZ-439 -John R.Oliver Company,Inc.
Upon review and discussion of the proposed rezoning case by the Planning
Canmission,Mr.Iseminger made a motion to recommend that the County
Canmissioners rezone from 'A'-Agriculture to 'BL'-Business Local the
property in case RZ-439 and that the Commission adopts the staff's finding
of fact as the Commission's finding of fact.The recommendation to be based
on the fact that there was a mistake in the original zoning and that the
zoning boundary should have followed the property lines when the parcel was
originally zoned.Seconded by Mr.West.Mr.Roulette abstained.So
ordered.
RZ-442 -Hub Labels,Inc.
Upon review and discussion of the proposed rezoning case by the Commission,
Mr.Spickler made a motion to recommend that the County Commissioners deny
the rezoning,the Canmission's finding of fact parallel the staff's finding
of fact and that a change in the character of the neighborhood nor a mistake
in the original zoning was not proven.Seconded by Mrs.Johnson.Upon call
for the question for denial,Mr.Spickler,Mrs.Johnson,Mr.Iseminger and
Mr.Moser voted I aye'and Mr.West and Mr.Zombro voted 'nay'.The motion
carried.Mr.Roulette abstained.
RZ-443 -George M.Bushey and Sons,Inc.
Upon review and discussion of the proposed rezoning case by the Commission,
Mr.Moser made a motion to recommend that the County Commissioners deny the
rezoning,and that the Canmission adopts the staff's finding of fact as the
Commission's finding of fact.The basis for tile recommendation being that
the applicant did not document or prove that there was a mistake in the
original zoning.Seconded by Mr.Spickler.Mr.Roulette abstained.So
ordered.
RZ-444 -Paul N.Crampton,Sr.and Nancy Crampton
Upon review and discussion of the proposed rezoning case,the Canmission,by
consensus,tabled a decision regarding this case until receipt of State
Highway Administration oomments on the traffic study.RZ-444 is to be
rescheduled for the May 7th Planning Commission meeting.
ADJOURNMENT :
There being no further business,the meeting was adjourned at 3:50 P.M.
161
163
~,ASHING1ON COUNTY PLANNING COMMISSION
REGULAR MEETING -MAY 7,1990
The Washington County Planning Commission held its regular meeting on
Monday,May 7,1990 in the second floor conference room of the County Office
Building.
Members present were:Chairman;Donald E.Zanbro,Vice-Chairman;Bertrand
L.Iseminger,Ex-Officio;Richard E.Roulette;Carol Johnson,Bernard Moser,
IX:mald Spickler and Steven West.Staff:Planning 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.Walkley.
CALL 10 ORDER:
The meeting was called to order by the Chairman at 7:05 P.M.
MINUTES:
Mr.Iseminger made a motion to adopt the minutes of the April 2,1990
regular meeting as written.Seconded by Mrs.Johnson.So ordered.
Mr.Iseminger made a motion to adopt the minutes of the April 12,1990
workshop meeting as written.Seconded by Mrs.Johnson.So ordered.
QNFINISHED BUSINESS:
Independent Cement Corporation:
Mr.Brittain informed the Commission that Mr.Ed Larrimore of Department of
Natural Resources indicated that a meeting will be held in May with ICC to
discuss setback requirements and their final review of the permit
application and site plan.No action was taken by the Commission.
Thomas and Betty Lynch:
Mrs.Pietro reminded the Commission that in 1989 a variance was granted to
create two lots with access off a private alley.The variance was
conditional with the alley being paved the entire length of the new lot.
The contract purchasers do not want to pave the entire length of the alley
since it does not go anywhere.The alley will be paved just to the point of
where the driveway branches off into the lot.After a brief discussion,Mr.
Roulette made a motion to amend the preliminary and final subdivision plat
to reflect the paving of the alley to end at the pointed indicated on the
revised plat.Seconded by Mr.Iseminger.So ordered.
NEW BUSINESS:
Variances:
Roy and Rachel Sharitz:
Mr.Gudmundson presented the variance request for Roy and Rachel Sharitz.
The site is located along Back Road.The owner is proposing to create a 3
acre lot without the required 25 feet of public road frontage.This parcel
was approved as a simplified plat in 1983 and mistakenly conveyed as a
development lot.The owners are now proposing to plat it as a development
lot.A mobile home is existing on the lot.Access to the lot will be via a
private right-of-way.Mr.Roulette made a motion to grant the variance
based on the topography and unique shape of the lot.Seconded by Mr.
~loser.So ordered.
164
Philip Palmer:
Mr.Lung presented the variance request for Philip Palmer.The site is
located along the northwest side of Route 40A and Route 68.Dr.Palmer is
proposing to create a 2 acre lot with an entrance location approximately 170
feet west of the intersection with Route 40A.The variance is being
requested from the Highway Plan requirements which states all access points
on a Minor Arterial highway must be separated by a minimum of 500 feet.A
variance is also needed from the Board of Zoning Appeals for a reduction in
lot size.Mr.Iseminger made a motion to grant the variance for access
spacing since the proposed access location provides superior sight distance
and pending an approval from the Board of Zoning Appeals on a reduction in
lot size.Seconded by Mrs.Johnson.So ordered.
Subdivisions:
John and Diane Keely:
Mr.Gudmundson presented the preliminary and final subdivision plat for John
and Diane Keely.The site is located at the end of a private road off
College Road.The owners are proposing to create a .92 acre lot and convey
it to an immediate family member.There is an existing house,well and
septic system on the property.Floodplain is also located on the property.
Mr.Spickler made a motion to grant preliminary and final plat approval.
Seoonded by Mr.West.So ordered.
Immediate Family Member Policy:
Mr.Spickler made a motion to return the authority to the staff to approve
one and two lot subdivisions that will be conveyed to immediate family
members.Seconded by Mr.Roulette.So ordered.
Woodfield Estates:
Mrs.Pietro presented the preliminary and final subdivision plat for
Woodfield Estates,lots 5 through 11.The site is located along the west
side of Chestnut Grove Road.The developer is proposing to create 7
residential lots on approximately 57 acres with lots ranging in size from 3
to 13 acres.A total of 14.5 acres will remain.Access to the lots will be
via Chestnut Grove Road.Lots 6 and 7 will have a combined entrance as well
as lot 8 and 9.There is wetlands located on the property in association
with the stream and pond but no construction is proposed to occur within
these areas.All agency approvals have been received.Mr.Spickler made a
motion to grant preliminary and final plat approval.Seconded by Mr.
Moser.So ordered.
Antietam Approach Estates:
Mrs.Pietro presented the preliminary subdivision plat for Antietam Approach
Estates,lots 1 through 17.The site is located along the northwest side of
Porterstown Road.Zoning is Agriculture.The developer is proposing to
create 17 residential lots on 26 acres.A total of 2.7 acres will remain.
The lots will be served by individual wells and septic systems.All lots
will have access onto a new interior street system with the exception of lot
17 which will access onto Route 34.The developer will be installing trees
along Route 34 to be used to buffer the lots from Route 34 and the
Battlefield.The County Engineer is requesting a site grading plan for lot
5 and possibly lots 15 and 16.Adjacent residents have concerns with the
dangerous intersection at Route 34 and Porterstown Road.The State Highway
Administration has stated that this intersection is not listed on their
dangerous intersection list.All agencies approvals have been received.
After a discussion regarding the height of the trees at planting,Mr.
Iseminger made a motion to grant preliminary plat approval conditional on
the developer working with the staff on planting the trees along Route 34
and the rear of the property.Seoonded by Mr.West.Mr.Roulette made a
motion to amend the aforementioned motion that the Engineering Department
review the drainage requirements prior to final approval.Seoonded by Mr.
Spickler.The Commission voted unanimously to amend the motion and also
voted unanimously to approve the amended motion.So ordered
165
Site Plans:
Jefferson Cheese:
Mr.Lung presented the site plan for Jefferson Cheese.The site is located
between 1-70 and Warfordsburg Road near Hancock.Zoning is Highway
Interchange.The developer is proposing to renovate the existing structure
for a cheese processing plant and to construct an additional 33 x 70'milk
processing room.The site enoompasses 54.5 acres.Access to the site is
via an existing private road off Warfordsburg Road.An additional 40
parking spaces and a process washwater treatment plant is also proposed.
The Water and Sewerage Plan was amended in 1988 to permit the washwater
treatment facility.The Maryland Department of the Environment has issued a
Discharge Permit for the treatment plant.All agency approvals for the site
plan have been received with the exception of the County Engineer who needs
to review the grading plan.Since the site is zoned Highway Interchange,
the Planning Commission has the authority to establish additional setbacks
and buffers.The staff is recommending additional screening along the
private road adjacent to an existing residence.The dwelling is listed on
the Historic Sites Survey.The plan meets the 75 foot buffer requirement.
After a discussion regarding the additional screening,Mr.Iseminger made a
motion to grant site plan approval conditional on the staff and developer
working on an arrangement to provide additional screen planting and pending
the County Engineer's approval.Seconded by Mr.Roulette.So ordered.
Erie Insurance:
~rs.Pietro presented the site plan for Erie Insurance.The site is located
along the north side of Breezehill Road in the Airport Business Park.
Zoning is Highway Interchange.The owner is proposing to oonstruct a 4700
square foot office building on 1.8 acres.The site will be served by public
water and sewer.The site will be served by two access locations;the first
will be a combined entrance/exit and the second will be an exit only.
Directional signs at these accesses are shown on the plan.A dumpster will
be located to the rear of the building with a 6 foot fence to shield the
area.Landscaping is adequate.Lighting will be located throughout the
parking area.A 4 x 4'sign will be constructed at the first entrance
location.A variance is required from the Board of Appeals to reduce the 75
foot buffer between the property line and the adjacent residence.The
Appeals Board will meet on May 16,1990.Mr.Roulette made a motion to
grant site plan approval conditional on the Board of Appeals decision
regarding the buffer reduction.Seoonded by Mr.Spickler.So ordered.
Donald M.Bowman:
Mrs.Pietro presented the site plan for Donald M.Bowman.The site is
located along the west side of Hopewell Road.The building is existing and
is used for a truck service facility with an office on 47 acres.Public
water will serve the site.A total of 7 parking spaces are provided.
Access to the site is via a private road owned by Mr.Bowman,however,a new
access off Hopewell Road is proposed.The staff suggested additional
screening as shown on the site plan along the rear property line to shield
the site from the adjacent residential properties along Wright Road.
Screening was determined to be adequate.All agency approvals have been
received.Mr.Roulette made a motion to grant site plan approval with the
oondition that any future access to the site meet County requirements.
Seconded by Mr.Moser.Mr.Iseminger abstained.So ordered.
Agricultural Land Preservation District Applications:
David Schooley:
Mr.Seifarth reminded the Commission that they approved this application for
David Schooley during the April meeting.He informed them that prior to the
public hearing,Mr.George Engstrom contacted Mr.Schooley about selling an
Easement on a portion of his farm.This would allow Mr.Engstrom to form a
District and also qualify to sell an Easement.The State requires a total
of 100 contiguous acres and Mr.Engstrom's farm consisted of 39 acres.The
Schooleys decided to create two Districts;one of 101.05 acres and the other
21.60 acres.The County Commissioners approved the establishment of the
166
District applications oonditional upon the Planning Commission re-evaulating
the farm to determine that both Districts are consistent with the
Comprehensive Plan.Mr.Spickler made a motion to recommend to the County
Commissioners that the Schooley farm (both Districts)are oonsistent with
the Comprehensive Plan and should be included in the Agricultural Land
Preservation Program.Seconded by Mrs.Johnson.So ordered.
George Engstrom:
Mr.Seifarth presented the Agricultural Land Preservation District
application for George Engstrom.The farm is located at the intersection of
Old Forge and Clopper Roads.The farm encompasses 39 acres,however,it
qualifies for the Program since it's adjacent to 100 contiguous acres owned
by the Schooleys.Mr.Iseminger made a motion to reoommend to the County
Commissioners that the Engstrom farm is consistent with the Comprehensive
Plan and should be included in the Agricultural Land Preservation Program.
Seconded by Mr.Moser.So ordered.
Charles Wiles:
Mr.Seifarth presented the Agricultural Land Preservation District
application for Charles Wiles.The farm is located along the south side of
Falling Waters Road just west of Downsville.The farm enoompasses 190 acres
and has 98%class I,II and III soils.Mr.Iseminger made a motion to
recommend to the County Commissioners that the Wiles farm is consistent with
the Comprehensive Plan and should be included in the Agricultural Land
Preservation Program.Seconded by Mrs.Johnson.So ordered.
preliminary Consultations:
Fox Glenn Manor:
Mr.Lung presented the variance request and preliminary consultation summary
for Fox Glenn Manor.The site is located along the east side of Maryland
Route 65 just north of Poffenberger Road.The site enoompasses 234 acres
and is zoned Highway Interchange.The property is located within the
adopted Urban Growth Area for the County and also has a water and sewer
priority designation.The developer is proposing a mixed use residential
and oommercial development to be constructed in five phases over a 6 to 10
year period.A total of 1194 single and multi-family residential units,and
approximately 35 acres of commercial area are planned.The preliminary
consultation dealt with Phase I of the project which is located between the
Sharpsburg Pike (Route 65)and the CSX railroad.Since the preliminary
consultation,the quadraplex portion has been changed to row-type townhouse
units based on oomments received at the consultation.Phase I will consist
of 149 towhnouse units on 18 acres with lots fronting on privately owned
access roads,and 148 semi-detached two-family dwelling units on 19.5 acres
using the cluster ooncept.
Catherine Parks of Fox and Associates,consultant for the developer,stated
that Phase I should be considered together as a oomplete community.Mrs.
Parks presented a revised oonoept plan which she said addresses the staff's
conoerns.Pathways are provided to interconnect the two sections of the
development.Mrs.Parks said the Planning staff had concerns on the size of
the duplex lots.She said the minimum lot size will be 2550 square feet
with 25 foot front yard,25 foot rear yard and 10 foot side yard.A much
larger open space area has been provided since the lots are smaller.the
staff also had ooncerns that the individual owners would not be able to
place storage sheds on their property.The unit's will be designed with
storage facilities built in so there will be no need for additional storage
buildings.Mr.Roulette asked if decks or porches could be constructed and
still meet the setbacks.Mr.Hilton Smith,developer,said the property is
flat and that the units may have patios.Decks will not be feasible for
this development.Mr.Paul Prodonovich said he has ooncerns if an
individual applys for a permit to construct a shed.He added that deed
restrictions could be placed on the plat but these restrictions are not
enforceable by the County.
167
Mr.Roulette asked where the parking will be for the duplex units.Mr.
Smith said parking will be available to the side of the duplex units on
driveways and the townhouse units will have a,parking lot.Mr.Lung added
that during the preliminary consultation the County Engineer requested that
a 7 foot wide paved shoulder be provided for on-street parking for the
duplex units.
Mr.Spickler asked what safety provisions the developer will be making since
the railroad is adjacent to the rear of the site.Mr.Smith said a fence
could be constructed along the property line.Trees will also be preserved
as an added safety measure and buffer from the railroad tracks.
Mr.Lung said the Planning Commission needs to address a variance request
from Section 405.11b of the Subdivision Ordinance which requires that all
lots abut a public road with at least 25 feet of frontage.The developer is
requesting a variance for the townhouse units to front and have access on a
private parking area which will be owned and maintained by the developer or
a home owners association.Mr.Iseminger recommended a median strip to be
provided between the parking areas for safety.Mr.Iseminger made a motion
to grant the variance to permit the townhouse units to front on a private
access road.Seconded by Mr.Spickler.So ordered.
Mr.Lung said the second variance request is from Section 508.1 of the
Subdivision Ordinance which states that sidewalks be located within the
County's right-of-way.Since the street system will be constructed as an
open section,the developer is requesting that the sidewalks be located
outside of the County's right-of-way.Ownership,maintenance and snow
,removal of the sidewalks will be the responsibility of the homeowners'
association.Mr.Iseminger made a motion to grant the variance to permit
the sidewalks to be located outside the County's right-of-way.Seconded by
Mr.Moser.So ordered.
Mr.Lung said the developer is proposing to use the cluster provision of the
Zoning Ordinance for 148 lots on 19.5 acres.The staff is concerned with
the way the developer derived the number of lots that could be developed
under the normal standards.In doing this calculation,the developer is
taking into account all the open space shown on the plan including a 3 acre
portion located to the north of the townhouse units.The Planning staff
does not feel that this 3 acre portion should be included since it is not
located adjacent to the two-family dwelling units.This 3 acre portion is
separated by a major street and it's primarily floodplain which cannot be
considered useable recreational area.Many other portions of the open space
should be considered as 'left-over parcels'not suitable for park
conservation and should not be considered when determining density.After
calculating the number of lots permitted under the normal standards of the
Zoning Ordinance by removing the open space areas mentioned previously,the
developer could construct 142 lots compared to his 168 lots.Mrs.Parks
said it is her opinion that the small areas should not be considered as
'left-over parcels'.The developer felt it would be more aesthetically
pleasing since these areas will be used for landscaping purposes.Mrs.
Parks added that the floodplain area can be used for recreational purposes.
Mr.Roulette said floodplain areas can be used for recreational purposes but
should not be considered when determining density.Mr.Lung said the staff
is not opposed to the open space areas,just the way it is used to determine
density.He recommended to the Planning Commission that the staff have the
opportunity to review the revised plan prior to a decision being made by the
Planning Commission.After a discussion regarding the open space,by
consensus,the Commission tabled any action on the cluster concept until the
Planning staff can review the revised concept plan.The revised concept
plan should be brought back for the Commission's review at the June regular
meeting.
Ed Pike and Family:
Mrs.Pietro presented the preliminary consultation summary for Ed Pike and
Family.The site is located along the west side of Route 66 just north of
Mapleville.Mr.Pike is proposing to subdivide five lots on 10 acres and
convey them to his children.The lots will be served by a private right-of-
way.During the preliminary consultation the Pikes were informed that the
design of the right-of-way was awkward and should be redesigned.The right-
168
of-way has been redesigned at this time.Mr.Iseminger suggested that the
access be constructed to a standard established with input 'from the County
Engineer so that after the five year restriction'is lifted and the lots can
be sold,the road will be upgraded and paved.Mr.Fred Frederick,
consultant,said a deed restriction will be placed on the plat stating that
the family members must share in the maintanence of the right-of-way.No
action was taken by the Commission.
The Woods:
The written summary of the preliminary consultation for The Woods was
presented to the commission with nothing to be added by the staff.No
action was taken by the Commission.
OTHER BUSINESS:
Demolition Permit -Robert Beckley:
Mr.Goodrich informed the Commission that the Historic District Commission
reviewed an application for a demolition permit for Robert Beckley and
recommended opposition to the permit.Mr.Beckley is requesting that the
Planning Commission defer any action on the permit and refer it back to the
HOC for further discussion since the owner has asked to have a workshop
session to discuss alternatives.Mr.Roulette made a motion to defer any
action on the demolition permit for Robert Beckley and to refer the
application back to the HOC for further review.Seconded by Mrs.Johnson.
Mr.Iseminger abstained.So ordered.
Potomac Edison -Ringgold/Liberty 138 K.V.Transmission Line:
Mr.Moser retired from the meeting at this time.
Mr.Goodrich informed the Commission that a meeting was held with
representatives of Potomac Edison to discuss proposed locations for an 138
K.V.transmission line.Potomac Edison has an existing substation in
Smithsburg and Blue Ridge Summitt.Potomac Edison is proposing a new line
from Smithsburg to a new station to be known as the Liberty substation.The
Planning staff and Potomac Edison representatives discussed proposed routes
to the new station during the meeting.During the meeting the staff
informed Potomac Edison of many areas of concern including the involvement
of special planning areas.The Commission was also advised that when
Potomac Edison decides on an alignment,the Commission would be presented
with more definitive information.After a discussion,no action was taken
by the Commission.
Capital Improvements Program:
Mr.Brittain distributed copies of the proposed CIP to the Commission.He
said the CIP Committee and County Commissioners recommended cuts in the CIP
requests proposed by departments and agencies.Once the CIP is adopted,the
Commission will receive a final copy.No action was taken by the
Commission.
RZ-444 Paul and Nancy Crampton:
Mrs.Pietro informed the Commission that comments were received from the
State Highway Administration regarding RZ-444.The comments from the State
Highway Administration are as follows:some of the development in the area
was not mentioned in the traffic study such as the Potomac Edison Technology
Park or the road railer facility to the north of the site.These items
should be addressed and the traffic study be re-evaluated.A letter was
also received from George Small with the State Highway Administration.He
stated that there were incorrect lane assignments noted in the study which
were used in calculating levels of service,turning movement counts that
were taken did not include buses to the nearby schools.Mr.Small also
stated that additional access points to the site should be provided from the
north since Route 65 and E.Oak Ridge Drive is already overburdened.Mr.
Small suggested connections onto Kuhn and Rose Hill Avenues to the north for
additional access to the site.During the review of the.rezoning
application,the County Engineer was against any road connections to Rose
Hill and Kuhn Avenues.After a discussion regarding comments from the State
I
'i
169
Highway Administration 9n the traffic study,Mr.Spickler made a motion to
recommend to the Courity Commissioners that RZ-444 be approved pursuant to
Section 16.0 of the Washington County Zoning Ordinance and the following
findings of fact:1)The proposed RS-PUD met the intended purpose of a
'PUD'-Planned unit Development,2)the proposed RS-PUD was within the
designated UGA and conformed with applicable policies of the Comprehensive
Plan,3)the requested rezoning was in compliance with the Comprehensive
Plan,4)the Concept Plan was determined to propose land uses oompatible
with neighboring properties,and 5)the effect of the proposed RS-PUD on
existing infrastructure will be equal to or slightly greater than those
imposed by development under current zoning classification.Seconded by Mr.
West.Mr.Iseminger abstained.Mr.Zombro did not vote on this rezoning
case.So ordered.
ADJOURNMENT:
There being no further business,
171
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -JUNE 4,1990
The Washington County Planning Commission held its regular meeting on
Monday,June 4,1990 in the second floor conference room of the County
Office Building.
Members present were:Chairman,Lbnald E.Zombro;Vice-Chairman,Bertrand
L.Iseminger;Ex-Officio,Richard E.Roulette;Bernard Moser,and Steve
West.Staff:Planning 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.
Walkley.Absent were Carol Johnson and Lbnald Spickler.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
Mr.West made a motion to adopt the minutes as presented.Seconded by Mr.
Iseminger.So ordered.
SWEARING IN COMMISSION MEMBERS:
Mr.Zombro informed the audience that Dennis Weaver,Clerk of the Court,
$wore in Commission members prior to the meeting in order to save time for
other agenda items.
ELECTION OF OFFICERS:
Mr.Zombro said since two Commission members are absent,the election of
officers will take place during a workshop meeting which is scheduled for
Tuesday,June 19,1990 at 1:30 P.M.
UNFINISHED BUSINESS:
Independent Cement Corporation:
Mr.Brittain informed the Commission that Mr.Ed Larrimore of the Department
of Natural Resources indicated that he is still in the process of meeting
with ICC to discuss setback requirements and their final review of the
permit application and site plan.No action was taken by the Commission.
Fox Glenn Manor:
Mr.Lung informed the Commission that a corrected concept plan has been
submitted for the proposed cluster development for Fox Glenn Manor.During
the Planning Commission's May meeting,the Commission granted two variances
for the proposed development to permit the sidewalks to be located outside
the County's right-of-way and also for the townhouse units to front on a
private access road.The Commission also deferred action on the proposed
clustering concept to enable the staff to review the revised plan.Mr.Lung
reminded the Commission that the proposed cluster is for Phase I of Fox
Glenn Manor located east of Route 65 and south of 1-70.Phase I is located
between Route 65 and the railroad and encompasses 36 acres with a proposed
use of townhouses and two-family semi-detached dwelling units which will
utilize the cluster concept.The developer is proposing to construct 149
townhouse units and 148 two-family dwelling units.When this development is
considered as a whole,the developer is proposing 14.48 acres of open space
for the entire development;12.4 acres is required.Approximately 2.02
acres of this area is located within the floodplain and during the May
meeting the Planning Commission requested that this portion not be included
in the calculations for the clustering.After deducting the 2.02 acres of
floodplain area,there is 12.46 acres of open space which exceeds the
required amount.
172
The staff has reviewed the changes which were made prior to the May
meeting.These changes are as follows:the small parcels of unusable open
space areas have been eliminated,a bend has been added which now ties in
the open space area and provides a more aesthetically pleasing design,the
cul-de-sac along Street A has been pulled back to tie the semi-detached
dwellings in with the townhouse units,pathways have been provided between
the open space areas,the proposed uses have been identified for the
recreational areas which will include a community center;trails;play
fields;and tot lots,and a fence has been provided along the railroad
right-of-way for the entire length of Phase 1.The developer is also
proposing a special setback,which was discussed with the Zoning
Administrator,to permit decks to infringe on the rear yard setbacks to a
maximum of 8 feet for all lots.This will establish a 12 foot setback for
the townhouse units and a 17 foot setback for the two-family dwellings.The
applicant has requested that the Planning Commission approve the Clustering
of the semi-detached dwellings,to allow for the reduction of the lot sizes
and building setbacks,and to establish additional building setbacks for
decks for the townhouse and two-family dwelling lots to infringe on the rear
yard a maximum of 8 feet.The staff is also requesting that the special
setback f?r the decks included unenclosed porches.
After a discussion,the Commission requested that sidewalks be provided in
the semi-detached area for safety purposes since parking is on-street and
considering the increase density.If sidewalks cannot be provided,
additional interior pathways should be provided with the primary paths being
paved.Mr.Bill weikert with Fox and Associates said it would be a problem
to provide sidewalks in the semi-detached area due to the open section
street design and the number of driveways.He said that perhaps some of the
trails could be paved.Mr.Roulette added that sidewalks should be provided
along the east side of Street A adjacent to the future community center and
connecting with the future commercial area.
After a discussion,Mr.Iseminger made a motion to approve the clustering
concept for the semi-detached dwellings as shown on the revised concept plan
and to permit the reduction of lot sizes and setbacks as shown on the
revised concept plan.Seconded by Mr.West.So ordered.
Mr.Iseminger made a motion to establish additional setbacks for decks and
unenclosed porches for both the townhouse units and the semi-detached
dwellings into the rear yard to a maximum of 8 feet as well as the staff and
the developer working out an agreement for interior paved pathways to serve
the development.Seconded by Mr.Moser.So ordered.
The Woods:
Mrs.Pietro reminded the Commission that during the May meeting she
presented the concept plan for The Woods.During that presentation,she
stated that both the State Highway Administration and the staff wanted
access to lot 10 via the prOpoSed cul-de-sac and not off Route 68.Since
the discussion of the concept plan for The Woods,a preliminary and final
subdivision plat has been submitted for lot 1 for the Reeses.Proposed lot
1 is lot 10 of The Woods.Proposed lot 1 for the Reeses will have access
onto Route 68.After discussing the two proposals,the staff has discussed
options that can be taken.These options are:1)the Reeses can proceed
with their development as shown,2)the Reeses plan can be disapproved and
the concept plan for The Woods be enforced,3)the Reeses could proceed with
their plan and once the streets are constructed for the Woods,the Reeses'
driveway onto Route 68 must be abandonded and relocated to connect to the
proposed cul-de-sac,or 4)the development of lot 1 can be approved with an
entrance permit issued.If construction of lot 1 begins prior to the
construction of The Woods,the access point remains onto Route 68.If The
Woods development begins prior to the construction of the Reeses'lot,the
Reeses must access onto the cul-de-sac located on The Woods property.
Mr.Russ Townsley with Fox and Associates said the fourth option is
acceptable to his client.
173
Mr.Moser suggested that the developer of The Woods and the Town of
Boonsboro continue discussing the water situation since the site is located
within the Town Growth Area.Mr.Malcolm Davis,consultant for the
developer of The Woods,informed the Commission that a meeting was being
held this evening with the Mayor and Council to discuss the water situation.
Mr.Roulette made a motion to approve option #4 as stated previously by the
staff.Seconded by Mr.West.Mr.Iseminger abstained.Mr.Zombro voted to
make a quroum.So ordered.
NEW BUSINESS:
Variances:
Tom Weil:
Mrs.Pietro presented the variance request for Tom Weil.The site is
located along the west side of Alternate Route 40 just north of Newcomer
Road.Zoning is Agriculture.The developer is proposing to create two,2
acre lots with 1 acre of remaining lands.The existing drive will be
jointly owned by the proprietors of lots 1 and 2 and will provide access to
said lots.Lot 3 will also use the existing entrance but will not have
access onto Alternate Route 40.Mr.Iseminger made a motion to grant the
variance based on the topography of the site.Seconded by Mr.Moser.So
ordered.
Harold Eby:
Mr.Gudmundson presented the variance request for Harold Eby.The site is
located along the south side of Fairview Road,3/4 of a mile west of
Broadfording Church Road.The owner is proposing to create a 3 acre lot for
a lawn equipment sales and service office and an existing residence on 1.75
acres.The proposed access location for the commercial site is
approximately 150 feet from an existing access.The Subdivision Ordinance
requires that all new accesses must be a minimum of 300 feet from existing
points of access.The State Highway Administration has stated that this
location will increase sight distance and make for a safer entrance.Mr.
Iseminger made a motion to grant the variance based on an increase in
safety.Seconded by Mr.West.So ordered.
Albert and Patricia Schock:
Mr.Gudmundson presented the variance request for Albert and Patricia
Schock,contract purchasers.The site is located off a private lane off
Corner Road.The Schocks are proposing to convert a simplified plat to a
development lot without the required road frontage.The lot consists of 35
acres with access off Corner Road via a 12 fcot gravel lane.This lot was
subdivided by the simplified plat process in 1987 with a family member
restriction.In 1988,the 5 year family member restriction was lifted.The
contract purchasers are proposing to convert this lot for development
purposes but not for an immediate family member.Mr.Roulette made a motion
to grant the variance to create a development lot without public road
frontage based on the topography and unique shape of the lot conditional
that no additional subdivision be permitted until the access road to lot 5
is built to County standards.Seconded by Mr.Iseminger.So ordered.
Subdivisions:
Strite Road (St.Pauls Road):
Mrs.Pietro presented the preliminary and final subdivision plat for Strite
Road,lots 5 through 9.The site is located along the west side of St.
Pauls Road.Mrs.Pietro informed the Cormnission that due to the house
numbering project,Strite Road was renamed to St.Pauls Road.This
subdivision will now be called St.Pauls Road Subdivision.The developer is
proposing to create 5 residential lots with lot sizes ranging from .9 to 6
acres.A total of 32 acres is remaining.Access to the lots will be via
St.Pauls Road.Each lot will be served by individual 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.
Moser.So ordered.
17"
Washington County Business Park:
Mrs.Pietro presented the preliminary and final subdivision plat for the
Washington County Busi ness Park,lot 7.The site is located along the north
side of Jamison Court.The owner is proposing to create a 2.7 acre tract
for commercial purposes with the proposed use for a blueprinting and
indexing business.The site will be served by public water and sewer.
Access to the lot will be off Jamison Court.Written approvals have been
reoei ved from the County Engineer and Water Department.Verbal approvals
have been received from the Water Pollution Control and Health Department.
Mr.Moser made a motion to grant preliminary and final plat approval pending
receipt of written approvals.Seconded by Mr.Iseminger.So ordered.
Antietam Acres:
Mrs.Pietro presented the preliminary and final subdivision plat for
Antietam Acres,lots 14 through 29.The site is located along the west side
of Garis Shop Road.Zoning is Agriculture.The owner is proposing to
create 16 single-family lots with sizes ranging from 1 to 2 acres.There
are no plans for the remaining 160 acres.Access to the lots will be via
two new interior streets to be called Musket Court and Artillery Drive.The
lots will be served by individual wells and septic systems.All agency
approvals have been received.Mr.Roulette suggested that the Planning
staff ask the developer what is planned for the remaining lands since a
considerable amount of acreage is involved.Mr.West made a m::>tion to grant
preliminary and final plat approval.Seconded by Mr.Roulette.Mr.
Iseminger abstained.Mr.Zombro voted to make a quroum.So ordered.
-PSP Ltd.:
Mr.Goodrich presented the preliminary and final subdivision plat for PSP
Ltd.He informed the Commission that due to some revisions,this lot is now
to be called lot 4.The site is located in the southeast quadrant of the
intersection of Route 40 and 1-70.Access to the proposed lot and remaining
lands will be off Route 40 via a new road to be called Auto Place.The
staff informed the Commission that this site is somewhat restricted for
development purposes due to floodplain on the site,septic reserve areas for
adjacent lots and a Potomac Edison right-of-way.No indication of the
proposed development is shown on this lot at this time,however,the
consultant has stated it will be an auto dealership.A site plan is
required prior to any development on the site.written approvals have been
received from the County Engineer and State Highway Administration and a
verbal approval has been received from the Health Department.Mr.West made
a motion to grant preliminary and final plat approval pending receipt of
written approvals.Seconded by Mr.Rouletee.Mr.Iseminger abstained.Mr.
Zombro voted to make a quroum.So ordered.
Site Plans:
Hagerstown Trust -Branch Office:
Mrs.Pietro presented the site plan for the Hagerstown Trust Branch Office
which is located along the east side of the Dual Highway.Total area of the
si te is .31 acres.Zoning is Business General.The developer is proposing
to create an 825 square foot addition to the existing branch office.
Landscaping is existing with some being relocated to the front of the
building.Entrance to the site is via Birch Knoll Road and exit is Dual
Highway.Birch Knoll Road is a pri vate right-of-way and not maintained by
the County.The Engineering Department has stated that the County has quick
claim on this road and it will remain open for public use.The developer is
proposing to create 5 parking spaces which will be located within the right-
of-way of Birch Knoll Road.At such time when Birch Knoll Road dedication
is accepted into the County's system,the parking spaces must be rem::>ved
from the right-of-way.A variance was approved by the Board of Zoning
Appeals to reduce the building setback along the southern property line from
10 feet to 1 foot.Mr.Moser made a motion to grant site plan approval.
Seconded by Mr.West.Mr.Iseminger and Mr.Roulette abstained.Mr.Zombro
voted to make it a majority of the quroum present and voting.So ordered.
College Heights:
Mr.Lung presented the site plan for College Heights.The site is located
along the east side of Robinwood Drive just north of Sunrise Boulevard.
This development is part of the Youngstoun PUD.The site encompasses 8.8
acres.The developer is proposing to create 7,12 unit apartments for a
total of 84 units.A total of 181 parking spaces are provided,168 spaces
are required.Sidewalks are proposed to connect the parking areas and the
buildings.Public water and sewer will serve the site.Zoning Ordinance
regulations require a minimum of 49 trees.The developer is proposing 44
new trees.Pole and building mounted lights are proposed.The site plan
does not indicate the direction or intensity of the lights.The staff is
recommending that the Planning Commission approve the site plan with the
following conditions:1)The bus waiting area at Sunrise Boulevard be
relocated to the south side of the access road and a pedestrian walkway be
provided from the apartment units to the bus waiting area.This bus waiting
area could also be utilized by the adjacent development.2)The access road
should be named.3)Additional lighting should be provided in the parking
area specifically in the vicinity of buildings 3,5 and 6 or the site plan
should show how the proposed lighting will provide adequate coverage.4.)
The developer should identify the specific trees to be preserved in order to
meet the landscaping requirements.5)Play areas and/or tot lots need to
be provided and shown on the plan.6)Provide signage to identify parking
spaces reserved for RV parking.
Mr.Roulette said the land that the bus waiting area will be relocated to is
owned by Mr.Valentine and asked if there will be a problem with locating
the bus waiting area on his property.Mr.Valentine said that should be no
problem.
Mr.West made a motion to grant site plan approval condition on the six
items requested by the staff being worked out.seconded by Mr.Moser.So
ordered.
AgriCUltural Land Preservation District Applications:
John and Cindy Burtner:
Mr.Seifarth presented the AgriCUltural Land Preservation District
application for John and Cindy Burtner.The farm is located along the
eastern border of the Town of Keedysville along Hebron Road.The farm
consists of 108.81 acres,10.2 acres is located within the Town of
Keedysville.A portion of this farm is designated as W-3 indicating water
service will be available within 5 years.A total of 73.41%of the farm is
in soil capability units I,II,and III.Mr.Iseminger made a motion to
recommend to the County Commissioners that the Burtner farm be included in
the Agricultural Land Preservation Program since it's consistent with the
Comprehensive Plan.Seconded by Mr.Moser.Mr.Roulette abstained.So
ordered.
Harold Durbin,Carl Weaver and Ray Weaver:
Mr.Seifarth presented the Agricultural Land Preservation District
applications for Harold Durbin,Carl and Ray Weaver.These three farms are
contiguous to each other and are located along Jordan Road.The Durbin farm
consists of 100.38 acres and has 61.42%of the farm in class I,II and III
soils.The Carl Weaver farm consists of 174.05 acres and has 54%of the
farm in class I,II,and III soils.The Ray Weaver farm encompasses 82.34
acres and has greater than 50%of the farm in class I,II and III soils.
Mr.Iseminger made a motion to recommend to the County Commissioners that
the three referenced farms be included in the Agricultural Land Preservation
Program since they are consistent with the Comprehensive Plan.Seconded by
Mr.West.Mr.Roulette abstained.So ordered.
175
176
Elmer Cline,Inc.
Mr.Seifarth presented the Agricultural Land Preservation District
application for Elmer Cline.The farm is located along the east side of Dam
#4 Road just 1 mile south of Downsville.This farm encompasses 145.25 acres
and has 89%in class I,II and III soils.Mr.Iseminger made a motion to
recommend to the County Commissioners that the Cline farm be included in the
AgricUltural Land Preservation Program since it's consistent with the
Comprehensive Plan.Seconded by Mr.Moser.Mr.Roulette abstained.So
ordered.
Preliminary Consultation:
Mountain Vale Subdivision:
The written summary of the preliminary consultation for Mountain Vale
Subdivision was presented to the Planning Commission with nothing to be
added by the staff.No action was taken by the Commission.
Kretzer Farms:
The written summary of the preliminary consultation for Kretzer Farms was
presented to the Commission with nothing to be added by the staff.No
action was taken by the Commission.
Cedar Green Farms:
The written summary of the preliminary consultation was presented to the
Commission with nothing to be added by the staff.No action was taken by
the Commission.
Youngstoun III,Lot 2 and Stan Valentine PrOposed PUD:
Mr.Lung presented the concept plan for Youngstoun III,lot 2.The site is
located along the east side of Robinwood Drive.The staff reminded the
Commission that in May 1989 a concept plan was approved for Younstoun III
which consists of a church,College Heights apartments and additional
apartments on lot 2 consisting of 3,12 unit buildings.At the time of
approval,the development would be served by a private access road off of
the Sunrise Boulevard cul-de-sac.That concept plan has been revised and is
now proposing 9,4 unit apartment buildings for a total of 36 units to be
served by an extension of Sunrise Boulevard.The cul-de-sac has been
eliminated and parking courts have been provided for the apartment units.
An additional .38 acre parcel is proposed to be added to this property in
order to meet the setback and buffer requirements between the multi-family
and single-family development.The developer is requesting a reduction of
the 50 foot buffer yard to 25 feet between this site and an adjacent site
owned by Mr.Stan Valentine.This request is needed since a parking lot and
tennis court infringes on the required 50 foot buffer.Dense screen
planting will be provided.
The staff informed the Commission that they should review the revision and
determine if the changes are significant enough to warrant a new public
hearing,consider a reduction in the buffer yard along Sunrise Boulevard
from 50 feet to 25 feet,consider the .38 acres of Agricultural property
along the southern property line to be added to the PUD for the purpose of
meeting the setback and buffer requirements,and to make a recommendation
for the .38 parcel to be taken to public hearing for a possible rezoning to
PUD.The Planning staff is of the opinion that the change in the concept
plan is not significant enough to warrant a new public hearing.The staff
does not object to the reduction in the buffer yard.The staff is also of
the opinion that the .38 acres of Agricultural zoned land be taken to public
hearing for rezoning to PUD.
177
Mr.Roulette asked if the two parcels should be considered as one rezoning
request.Mr.Lung suggested that they be kept separate in case one parcel
is rezoned and the other is not.Mr.Roulette asked if the .38 acres needs
to be rezoned since it will be used as open space and not for development
purposes.Mr.Lung said the revised concept plan will not meet the
requirements of the Zoning Ordinance unless the .38 acres is added to the
parcel.The staff recommended that the Revised Development Plan not be
signed until the .38 acre parcel is rezoned to PUD.
Mr.Roulette made a motion to approve the revised concept plan with the
reduction in the buffer yard from 50 feet to 25 feet.The approval is
conditioned upon the rezoning of the .38 acre parcel to PUD.An addtional
public hearing will not be required.Seconded by Mr.West.So ordered.
Mr.Lung presented the concept plan for a new PUD for Stan Valentine.This
site is also located along the east side of Robinwood Drive.The proposed
plan calls for the construction of 32 single-family detached dwelling units
on 4 acres utilizing staggered lot lines and some zero lot line building
setbacks.Proposed lot sizes will be 1764 square feet with a density of 8
dwelling units per acre.This property is currently zoned Agriculture.The
proposed plan involves the extension of Sunrise Boulevard through the site
with a loop system on a 50 foot County right-of-way.The loop road design
does not meet any current County design standards.In order for this design
to be permitted,the County's standards must either be waived or modified.
The County Engineer and Roads Department support this design but there are
no standards as stated previously.
The Planning staff views this proposal as a natural extension of the
existing Youngstoun PUD as far as providing a mixture of housing types.
This property in itself must stand on its own as far as density and other
PUD requirements are concerned.The staff is not opposed to taking the
concept plan to public hearing,however,the issue of the loop road design
meeting County standards should be worked out prior to public hearing.
After a brief discussion regarding the loop design,Mr.Moser made a motion
to recommend taking this plan to public hearing for a possible rezoning to
PUD once the design standards have "been determined.Seconded by Mr.
Roulette.So ordered.
OTHER BUSINESS:
Safety and Drainage -Quail Run:
Mr.Goodrich informed the Commission of a letter received from Mr.William
Harris the developer of Quail Run.Mr.Harris identified two problems in
his letter,drainage and safety.The drainage issue will be addressed by
the County Engineer.The safety problem consists of traffic using a gravel
and dirt road as a through street which was only intended to be used as a
service road for emergency vehicles.Mr.Harris is proposing to close the
road and eliminate the access.Mr.Goodrich contacted the Funkstown Fire
Department on closing this access and they have no objection.The service
road was constructed by Dan Sheedy the original developer but he has not
been reached to determine if he has any objection to closing the road.By
consensus,the Commission recommended that the Planning staff contact Mr.
Sheedy notifying him that the service road is being used as a through street
and Mr.Harris is proposing to close the access.The staff should receive
comments from Mr.Sheedy and should inform the Commission of its outcome.
So ordered.
James Shifler:
Mr.Seifarth informed the Commission that Mr.James Shifler is proposing to
place his farm in the Agricultural Preservation Program.He would like to
reserve 4 acres for a building lot with access onto Newcomer Road.Newcomer
Road is 13 feet in width and is not adequate for additional traffic.The
County Engineer has suggested to Mr.Shifler that access should be located
off Barnes Road which is 18 feet in width,and should have a note on the
plat that the lot is being conveyed to a family member and will not be sold
for a period of 5 years.Mr.Shifler said due to the topography of the lot
178
it would be difficult to construct an access from Barnes Road.He added
that approximately 1/5 acre of the farm land would be eliminated for the
construction of a road off Barnes Road.After a discussion,Mr.Roulette
made a motion to approve the proposed subdivision based on the unique shape
of the proposed lot with its nearness to Barnes Road and immediate access to
Newcomer Road,the deed should specify that the land will be transferred to
an immediate family member and will not be able to be transferred for a
period of 5 years,appropriate right-of-way must be dedicated to the COunty
at such time that Newcomer Road may be improved and that no future
subdivision of the 4 acre lot be permitted until Newcomer Road is improved
to County standards.Seconded by Mr.Iseminger.So ordered.
Workshop Meeting:
The Planning Commission will hold a workshop meeting on June 19,1990 at
1:30 P.M.for Election of Officers and to make a recommendation on the Water
and Sewerage Plan amendment for Lester Mason.
ADJOURNMENT:
There being no further businessD was adjourned at
DJnald E.z£r~~
10:30 P.M.
179
WASHINGTON COUNIY PLANNING COMMISSION
WORKSHOP MEETING -JUNE 19,1990
The Washington County Planning Commission held a workshop meeting on
Tuesday,June 19,1990 in the Planning Commission's conference room on the
third floor of the County Office Building.
i
Members present were:Chairman,Ixmald E.Zombro;Vice-Chairman,Bertrand
L.Iseminger;J.X)nald Spickler and Bernard Moser.Staff:Planning Director,
James P.Brittain and Associate Planner,Timothy A.Lung.Absent were Ex-
Officio,Richard E.Roulette;Carol Johnson and Steven West.
CALL TO ORDER:
The meeting was called to order by the Chairman at 12:15 P.M.
ELECTION OF OFFICERS:
Mr.Iseminger made a motion to nominate
Washington County Planning Commission.
made a motion to close the nominations.
received an unanimous vote.
J.X)nald Zombro for Chairman of the
Seconded by Mr.Moser.Mr.Spickler
Seconded by Mr.Moser.Mr.Zombro
Mr.Moser made a motion to nominate Bertrand Iseminger for Vice-Chairman of
the Washington County Planning Commission.Seconded by Mr.Zombro.Mr.
Spickler made a motion to close the nominations.Seconded by Mr.Moser.
Mr.Iseminger received an unanimous vote.
Mr.Zombro will be Chairman and Mr.Iseminger will be the Vice-Chairman of
the Washington County Planning Commission for a period of one year.
WATER AND SEWERAGE PLAN AMENDMENT
Lester J.Mason WS-90-4:
After reviewing the testimony presented during the public hearing which was
held on June 19,1990 and the staff report,Mr.Spickler made a motion to
recommend to the County Commissioners that the Water and Sewerage Plan
amendment for Lester J.Mason (WS-90-4)be granted with the condition that
no more than 1 dwelling unit per 5 acre lot of reoord be permitted since
that extending service to three 5 acre residential lots of record will not
significantly impact the potential or existing service area,however,if
more then three 5 acre lots are developed,the amendment to the Plan will
not be consistent with the Comprehensive Plan for the County.Seconded by
Mr.Moser.So ordered.
AJOURNMENT:
There being no further business,the meeting adjourned at 1:00 P.M.
Jkv1
181
WASHINGTON COUNTY PLANNING <XJlVIMISSION
REGULAR MEETING -JULY 2,1990
The Washington County Planning Cormrission held its regular meeting on
Monday,July 2,1990 in the second floor conference room of the County
office Building.
Members present were:Chairman;Donald E.Zombro;Vice-Chairman;Bertrand
L.Iseminger,Ex-Officio;Richard E.Roulette;Donald Spickler,Bernard
Moser,Carol Johnson and Steve West.staff:Senior Planner;Stephen T.
Goodrich;Associate Planners;Timothy A.Lung,Lisa Kelly Pietro and Eric
Seifarth,and Secretary,Janet L.Walkley.Absent were:Planning Director
James P.Brittain and Assistant Planner John Gudmundson.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:05 P.M.
MINUTES:
Mr.Iseminger said on page 2 of the minutes of the June 4,1990 regular
meeting under Fox Glenn Manor,the motion should read .....the developer
working out an agreement for interior paved pathways to serve the
development."Mr.Iseminger made a motion to adopt the minutes with the
noted amendment.Seconded by Mrs.Johnson.So ordered.
Mr.Iseminger said that under Election of Officers in the minutes of the
"June 19,1990 workshop meeting,it should read that Mr.Iseminger received
an unanimous vote as Vice-Chairman.Mr.Iseminger made a motion to adopt
the minutes with the noted amendment.Seconded by Mr.West.So ordered.
UNFINISHED BUSINESS:
Independent Cement Corporation:
Mr.Lung informed the CoIllUission that he spoke by telephone with Jeanine
Mauersberg,Project Geologist,with the Department of Natural Resources,
Surface Mining Division.The Department of Natural Resources is still in
the process of preparing a letter to I.C.C.outlining their permit
requirements.No action was taken by the COIllUission.
NEW BUSINESS:
Variances:
Donald and Mark Blickenstaff:
Mr.Goodrich presented the variance request for Donald and Mark
Blickenstaff.The site is located along the west side of washington
Monument State Park Road off Route 40A.Donald Blickenstaff is proposing to
subdivide a 5.12 acre parcel and convey the new lot to his son.The
property currently has 90 feet of road frontage along Washington Monument
Road.Due to the topography of the site,access is obtained through his
son's (Mark Blickenstaff)adjacent property.The owner is requesting that
the new lot be permitted to also utilize the same access through Mark
Blickenstaff's property.
Rick Brown with Fox and Associates informed the COIllUission that due to a
curve on Washington Monument Road,it would not be safe to construct an
access point on the new lot.Mr.Brown also provided the Commission with
photographs of the road and extreme topography.
Mr.Roulette made a motion to grant the variance based on a topogra]Chical
hardship.Seconded by Mr.West.So ordered.
182
Harry Myers:
Mr.Seifarth presented the variance request for Harry Myers.The site is
located along Dellinger Road.Mrs.Howell is proposing to place her 147
acre farm in an Agricultural Land Preservation District.Mr.Myers is
proposing to create a 3 acre lot which will be reserved from the District
for a dwelling to be constructed for Mr.Myers.The County Engineer has
disapproved the subdivision since Dellinger Road is 15.1 to 15.6 feet in
width.
Mr.Seifarth said that for approximately 350 feet,Dellinger Road is 15 feet
in width;then for .2 of a mile Dellinger Road is 20 feet in width.He
added that there are no dangerous turns along Dellinger Road.Mr.Seifarth
said that Glenn Dull and Ted Wolford visited the site and granted
subdivision approval with the condition that the farm be placed in an
Agricultural Land Preservation District.A variance was required from the
Board of Zoning Appeals for a reduction in lot size from 3 to 1 acre which
was denied.
Mr.Roulette asked Mrs.Howell if she would be willing to dedicate
appropriate right-of-way along Dellinger Road for future widening.
Howell said it may already be dedicated.
the
Mrs.
Mr.Roulette made a motion to grant the variance based on a hardship with
the condition that a 25 foot right-of-way be dedicated to the County if
needed for widening Dellinger Road,and that the application for the
Agricultural Land Preservation District be processed by the state.Seconded
by Mr.Moser.So ordered.
Subdivisions:
Windsor Farms,Section B:
Mr.Lung presented the preliminary subdivision plat for Windsor Farms,
Section B.The site is located along the west side of Marble Quarry Road.
The developer is proposing to create 11 residential lots.Zoning is
Agriculture.A total of 25 lots were previously approved for Section A.
Section B consists of 11 additional lots on 37.9 acres.A total of 27.3
acres will remain.The proposed lot sizes will range from 1.35 to 5.49
acres.Access to the lots will be via Hollow Tree Lane and a new County
road to be called Marble Hill Court.The County Engineer has approved the
preliminary plat.The site will be served by on-site septic systems and
private wells.Additional setbacks were required due to slow perculation
rates.The Health Department has approved the preliminary plat.The
proposed lots meet the requirements of the Subdivision and Zoning
Ordinances.Due to the shape of some lots and the location of the septic
areas,some of the buildable areas are small.The entire site is classified
as Prime Agricultural Land and has over 90%Class I,II,and III
agricultural soils.There are no plans for developing the remaining lands.
Approximately 3/4 of the remaining lands is in the floodplain.Mr.
Iseminger made a motion to grant preliminary plat approval.Seconded by Mr.
Spickler.So ordered.
Todd Hoffman:
Mrs.Pietro presented the preliminary and final subdivision plat for Todd
Hoffman,lots 2 through 4.The site is located along the north side of
Broadfording Road.Zoning is Agriculture.The developer is proposing to
create three residential lots.A total of 296 acres remain.The lots will
be served by individual wells and septic systems.All the lots will access
onto Broadfording Road.All agency approvals have been received.Mr.West
made a motion to grant preliminary and final subdivision plat approval.
Seconded by Mrs.Johnson.So ordered.
183
OI'HER BUSINESS:
James Shifler:
Mr.Goodrich infonned the Commission that a request had been received from
James Shifler for the Commission to approve the concept of replatting a lot
so that the existing septic area would be divided by the new lot line and
part would be located on the adjacent farm,also owned by Mr.Shifler.Mr.
Shifler is proposing to reconfigure his 1.32 acre lot to exclude the
existing farm lane so it will be located entirely on the farm.The staff is
of the opinion that this proposal is acceptable and equitable to all parties
with the condition:that if the existing septic system fails or the lot or
farm is sold outside of the family,a new septic system must be constructed
by Mr.Shifler completely within the boundaries of the lot.Mr.West made a
motion to adopt the staff's recommendation and support the proposed
concept.Seconded by Mrs.Johnson.So ordered.
site Plans:
Crestwood Galleria:
Mr.Lung infonned the Commission that the site plan for Crestwood Galleria
was withdrawn from the agenda per the consultant's request.No action was
taken by the Commission.
SortroJ>ics:
-Mrs.Pietro presented the site plan for Sortronics,Inc.The site is
located along the southeast side of Western Maryland Parkway.Zoning is
Industrial General.The developer is proposing to construct two additional
warehouses with office space to the existing site.The existing building
consists of 14,000 square feet with proposed warehouse #1 being 9400 square
feet and proposed warehouse #2 consisting of 20,250 square feet.The site
will be served by public water and sewer.A total of 44 parking spaces are
provided.Proposed lighting will be building mounted.There is an existing
sign to the front of the existing building.Access to the site will be via
a combined entrance/exit and an exit only onto Western Maryland Parkway.
The staff has requested that additional landscaping be added between this
site and the adjacent site to the north to make landscaping adequate.All
agency approvals have been received.
Mr.Iseminger asked why the developer is proposj.ng an exit only.Mrs.
Pietro said it's due to the angular parking with easier access off the
site.Mr.Iseminger suggested that additional landscaping be added to the
front of the building in order to break up the parking area.
Mr.Iseminger made a motion to grant site plan approval conditional on
additional landscaping being added to the front of the building.Seconded
by Mr.Spickler.So ordered.
Agricultural Land Preservation District Applications:
Diane and Robert Elder:
Mr.Seifarth presented the Agricultural Land Preservation District
application for the Elders.The farm is located along Durberry Road,2
miles southeast of Leitersburg.The farm consists of 110.10 acres and has
87.11%Class I,II and III soils.
William and Martha Price:
Mr.Seifarth presented the Agricultural Land Preservation District
application for the Prices.The farm is located at the intersection of
Spickler and Broadfording Roads,approximately 4 miles northeast of Clear
Spring.The farm encompasses 149.64 acres and has 84.42%Class I,II and
III soils.
184
Lawrence and Hazel IDng:
Mr.Seifarth presented the Agricultural Land Preservation District
application for the Longs.The farm is located on the east side of Maryland
Route 63,2 miles south of Williamsport.The farm encompasses 163.88
acres.The County's soil maps indicate a total of 37%class I,II and III
soils.The Soil Conservation District did a soil study for the farm which
indicated that the farm has a total of 64.8%Class I,II and III soils.
Elmer and Ada strite:
Mr.Seifarth presented the Agricultural Land Preservation District
application for the Strites.The farm is located along the south side of
old Forge Road,112 mile east of its intersection with Maryland Route 62.
The farm consists of 140.04 acres and has 52.90%Class I,II and III soils.
Mary Trumpower:
Mr.Seifarth presented the Agricultural Land Preservation District
application for Mary Trumpower.The farm is located along both sides of
Maryland Route 57,3 miles northeast of Clear Spring.The farm consists of
125 acres and has 97.83%Class I,II and III soils.
James Shiner,Inc.:
Mr.Seifarth presented the Agricultural Land Preservation District
application for James Shifler.The farm is located along the south side of
.Old Roxbury Road,3 miles northwest of Boonsboro.The farm encompasses 157
acres and has 62.25%Class I,II and III soils.
Mr.Spickler made a motion to recommend to the County COrmUssioners that the
six previoulsy mentioned Agricultural Land Preservation District
applications be included in the Agricultural Land Preservation Program since
they are consistent with the Comprehensive Plan for Washington County.
Seconded by Mr.Iseminger.So ordered.
Agricultural Land Preservation Program -Update:
Mr.Seifarth informed the COrmUssion that as of July 1,1989 there were 21
Agricultural Preservation Districts formed which totaled 5344 acres and 8
Easements totaling 2020 acres have been sold.As of July 1,1990 a total of
46 Districts have been formed encompassing 8665 acres and 12 Easements
totaling 3236 acres have been sold.No action was taken by the cormUssion.
Preliminary Consultations:
King Road Associates:
Mr.Lung informed the Commission that the consultant for King Road
Associates has requested that the Planning Commission not take any action at
this time regarding the concept plan and public hearing process for PUD
rezoning.This request is based on comments and input which was received
during the preliminary consultation.Due to these comments,significant
revisions may be made to the concept plan.
Mr.Roulette said that the developer should be informed that until the Town
of Boonsboro is provided with adequate water service or possible annexation
into the Town has been discussed,no plans should be submitted to the County
Planning CormUssion.
Mr.Roulette made a motion to inform the developer that he correspond wi-th
the Boonsboro Planning Commission and recommended that all potential
alternatives with the Town of Boonsboro be discussed prior to any further
submissions to the Washington County Planning Commission.Seconded by Mr.
Moser.So ordered.
185
Clair Miller -Animal Waste storage Structure:
Mr.Lllilg presented the concept plan for Clair Miller's animal waste storage
structure.The farm is located south of Bottom Road approximately 2 miles
west of Williamsport off of Water Company Road.The Miller farm is
currently the site of an existing intensive swine facility consisting of a
40 x 60 foot barn housing approximately 60 animal llilits.There is an
existing 8 x 60 foot waste storage pit adjacent to the barn.Total area of
the farm is 65 acres.There is an existing residence located on property
owned by the City of Hagerstown approximately 350 feet east of the existing
barn.The proposed new facility will eliminate an environmental problem
where manure is seeping into a nearby running stream.The new waste storage
pit will be sealed and will have approximately 120 days of storage
capacity.Spreading will occur three times per year.Mr.Miller owns
additional farm land if additional spreading is required.The Department of
Natural Resources has issued the waterway construction permit to construct
the facility within the floodplain and the Department of the Environment has
approved the construction of the facility.The required setbacks of 300
feet from all property lines,250 feet from road rights-of-way,and 500 feet
from dwellings cannot be met,therefore,variances will be required from
the Board of Zoning Appeals for a reduction in setbacks.Division IX of the
Zoning Ordinance states that the reviewing agencies should make any
recommendations for additional requirements to be added to the plan.The
Soil Conservation District and the Extension Office have stated that no
additional requirements are necessary.
Mr.Roulette made a motion to approve the concept plan conditional on
.receipt of approval from the Board of Zoning Appeals on the reduction of
setbacks.Seconded by Mr.Spickler.So ordered.
Mr.Roulette recommended that the staff send a letter to the Board of Zoning
Appeals notifying them that since this proposal will correct an existing
environmental problem,the Planning Commission supports the applicant's
request for reduction in setbacks.
Charles Lohman:
Mr.Lllilg presented the preliminary consultation for Charles Lohman's animal
waste storage structure.The farm is located on both sides of Mary land
Route 57 approximately 1 miles north of U.S.Route 40.The preliminary
consultation was held to discuss plans for construction of an animal waste
storage structure to be associated with a previously approved expansion of
an intensive swine facility owned by Mr.Lohman.The existing structures
are located approximately 300 feet east of Route 57.Total area of the farm
is 270.91 acres.The proposed waste storage structure is to be located
approximately 10 feet east of an existing waste storage structure and will
be a two-stage system utilizing the existing structure.The Soil
Conservation District states that they have designed and approved the
construction of the new facility but are waiting for approval from the
Department of the Environment.The Extension Office is requesting minor
revisions to the existing Waste Management Plan.The new pit will reduce
the amollilt of spreading and agitation in the pit.Spreading will occur two
times per year.
The only change in land use in the immediate area since the previous
consultation for the expansion of Mr.Lohman's intensive swine facility is
the creation of a new residential lot on the Arthur Littion property.This
property is approximately 1100 feet to the south of the proposed waste
storage pit.Mr.Litton is proposing to place the remaining area of the
farm in the Agricultural Land Preservation Program.
The Soil Conservation District and the Extension Office are not requesting
any additional requirements for this development.
Mr.Iseminger made a motion to grant concept plan approval with no
additional requirements being imposed and with the condition that approval
from the Department of the Environment is received.Seconded by Mr.Moser.
So ordered.
186
Mill Race Estates:
The written summary of the preliminary consultation for Mill Race Estates
was presented to the Planning Commission with nothing being added by the
staff.No action was taken by the Commission.
Clearspring Farms:
The written summary of the preliminary consultation for Clearspring Farms
was presented to the Commission with nothing being added by the staff.No
action was taken by the commission.
OTHER BUSINESS:
Black Rock Estates:
Mr.Goodrich reminded the Commission that it had been presented the summary
of the Preliminary Consultation for Black Rock Estates during the February
meeting.During the discussion at that time,the staff expressed concern
for the multiple access points proposed on Mt.Aetna Road.The staff also
noted at that time that Mt.Aetna Road was included in the CIP for major
improvements which may change the current Highway Plan classification of
Minor Collector to something much higher and therefore,place greater
restrictions on new access spacing.
The staff also suggested that Section 402.3 of the Subdivision Ordinance may
be applicable.If the Commission considered Mt.Aetna Road a major
thoroughfare,the Ordinance gives the authority to limit residential access
points to the interior streets only.The Commission decided it would rely
on the County Engineer's recommendation before making any decision on access
points to Mt.Aetna Road.
Since the February meeting,the staff has conferred with the County Engineer
and supplied the consultant and developer with a copy of their joint
recommendations concerning access to Mt.Aetna Road.This was prompted by a
need to resolve the question and the submittal of a preliminary plat for
Section A of Black Rock Estates.The County Engineer and the staff
recommended that the ideal situation would be to limit individual lot access
points to the interior streets of the developnent and permit only street
access to Mt.Aetna Road.The County Engineer acknowledged that he could
not completely deny lot access to Mt.Aetna Road and that at a minimum,
there would have to be at least 300 feet of separation between driveways.
The staff continued to recommend no driveways on Mt.Aetna Road because it
is the safest arrangement,allows the County to realize maximum benefit from
its investment to upgrade the road and the developer has ample property to
modify the design.
The staff has requested that the Commission make a recommendation on the
question of access onto Mt.Aetna Road because it will have an effect on the
approval of Section A which has already been submitted for approval and
future sections of Black Rock Estates.
Roger schlossberg,attorney for the developer,presented drawings which
indicate the developer has modified the intital proposal to one which
creates dual accesses spaced at 300 feet intervals (and other modifications)
which will decrease the number of driveways from 20 originally proposed to 8
now proposed with two of those being pre-existing.
After a discussion,Mr.Iseminger made a motion to table any action on this
request until the Planning Commission can view this site in the field.
Seconded by Mr.Roulette.So ordered.
187
Youngstoun Phase VI,Section II of Quail Run:
Mr.Goodrich reminded the COrrnUssion that during the June meeting,Mr.
William Harris requested that the COrrnUssion close a service road in the
Quail Run subdivision that leads from the apartment complex to the back of
the cormnercial area.During that meeting,the Planning COrrnUssion directed
the staff to contact Daniel Sheedy,actual owner of the service road and
commercial area,and receive cormnents from him on closing this road.Mr.
Sheedy has stated that the service road should remain open for emergency
vehicles only.The Funkstown Fire Company has stated that they have no use
for the service road due to the slope and have no objection if the road was
closed.Since the June meeting the following factors have arisen.L)
Planning Cormnission minutes from the August 1984 meeting indicate that Mr.
Sheedy was to construct a service road for vehicular access for service
vehicles and residential traffic to the commercial area during Phase VI of
Youngstoun and 2.)the subdivision plat for Hillside Villas has been
submitted which is Phase VI of Youngstoung.
The staff is of the opinion that the Comnission should determine if the road
should be closed or upgraded as stated in the August 1984 minutes.
Mr.Dan Sheedy said that the road is suitable for 4wd vehicles.He added
that the design and construction of the road is not suitable for public
traffic.It's his opinion that the service road should be left as is for
emergency vehicles only.He added that once Phase VI is constructed,he is
willing to discuss plans for upgrading •
.The Planning COrrnUssion was of the opinion that either the service road
should be paved or closed.Mr.Roulette suggested that a macadam path be
provided for pedestrian traffic with some type of barrier to control the
vehicular traffic.
After a discussion,Mr.Iseminger made a motion to table any action on this
request until the Planning Cormnission can view this site in the field.
Seconded by Mrs.Johnson.So ordered.
Hillside Villas:
Mr.Lung informed the Cormnission that a revised concept plan for Phase VI of
the Youngstoun PUD has been submitted.The new plan will be called Hillside
Villas which is located east of Robinwood Drive.The developer is
requesting that the following revisions be made to the previously approved
plan.1.)Reduction in the number of townhouse units from 62 to 51,2.)
allow for inclusion of a 4 to 5 unit apartment building,3.)allow for the
elimination of all common open space;the open space area is to be
incorporated into the individual lots,4.)no play areas are provided in
this section;recreational areas to be provided for by the regional
facilities located in other sections of the PUD,and 5.)construction of a
public road to serve the townhouse lots;not private as previously proposed.
The Planning staff is of the oplnlon that the proposed revision does not
constitute a significant change to require a new public hearing.The staff
is recommending that the following additions be made to the plan.L)
Include proposed apartment units in overall density calculations for this
section and 2.)Show a proposed building location and parking location for
the apartments to assure that the previously approved open space ratio can
be maintained.3.)Show provision for pedestrian access to play areas and
other sections of the Youngstoun PUD and include a bus waiting area.
After a brief discussion,Mr.Iseminger made a motion to approve the revised
concept plan without requiring an additional public hearing with the
condition that the additions being requested by the staff be worked out.
Seconded by Mr.Spickler.So ordered.
Rezoning Cases:
At this time,Mr.Zombro stepped down as Chairman and Mr.Iseminger chaired
the meeting.Mr.Roulette abstained from voting until the County
Cormnissioners'meeting to consider the rezoning cases.
RZ-445 Bruce Rice:
188
Based on the testimony heard during the public hearing and the staff
reports,Mr.West made a motion to recommend to the County Commissioners
that rezoning case RZ-445 be approved based on a mistake in the original
zoning.The Cornnission if of the opinion that a mistake was evident in
light of the fact that the parcel has been occupied by a business use for
over 20 years.The requested Business Local zone is appropriate and logical
due to the site's location immediately adjacent to an existing Business
Local zone at the major intersection of Halfway Boulevard and Virginia
Avenue.Seconded by Mrs.Johnson.So ordered.
RZ-446
Based on testimony heard during the public hearing and the staff reports,
Mr.Spickler made a motion to recommend to the County Cornnissioners that
rezoning case RZ-446 be approved.This amendment will increase the accuracy
of the fee schedule by making it easier to use and encourage private
property owners to seek the Historic Preservation OVerlay Zone.Seconded by
Mr.West.So ordered.
S-6
Based on the testimony heard during the public hearing and the staff
reports,Mr.Spickler made a motion to recommend to the County Cornnissioners
that rezoning case S-6 be approved.The Commission is of the opinion that
this amendment will further clarify the purpose of Section 405.11.B.(1)(b)
.and limit its use to its original function.In conjunction with this
approval,the Cornnission recommended that the term 'existing right-of-way'
be more clearly defined.Seconded by Mr.Moser.So ordered.
FIELD TRIP:
A field trip is scheduled for Monday,July 9,1990 at 4:00 P.M.so the
Commission can view the Black Rock Estates and Hillside Villas/Youngstoun
service road sites.
ADJOURNMENT :
There being no further business,
Donald
10:30 P.M.
,'iASHINGI0N COUNTY PlANNING COi"ll~lISSION
REGlJIAR MEETING -AIJGUST 7,1990
The li'Jas.h.,ingtKifl Count:.y Planning Commission held i1':"8 res-ru.1ar meeting on
Tuesday,August 7,1990 in Court Room No.1 of the Court House,Hagerstown,
Maryland.
iYlembers present were:Chai:nnan;Donald E~Zombro!Vice-ChairTran;BertraneJ
L.IseJninger,EX-Officio;Richa.rd E.Roulette,Carol eJohnsoD.,Bernard Moser,
Donald Spickler and Steven !'Jest.staff:Director;James P.Brittain,
Senior Planner,Stephen 1\Goodrich,Associa.te Planners;Timothy A~Lung,
Lisa Kelly Pietro and Eric Seifarlch,Assistant Planner,John GucllnLmc1eJon and
Sec,retary t "Janet -[;0 Walkley.
Call To Order
._-~------
The meeting "as called to order by the Chairman ale 7:05 P.M.
Minutes:------
Mr.Iseminger made a motion to adopt the minutes of the
.July 2,1990 meeting as presented.Seconded by ~1r.Spickler.So orderE'c1.
~orreS"po0dence:
The Commission a.cknohlledged .receipt of a,letter f:corn Paul Roth regarclinlJ"the
Charltons Gr2:tnt proflCn::\ed subdivision as \l11e11 as tl1e petition subrnitt:.ed.No
action 1.".l3S taken by thE.'COlrlffiission~
Dnfinished Business:
Independent"Cement Cor~lr§::tion:
Mr~Britt.ain informed the Cornrnission t,hat he spoke \<\/ith the Department of
Natural Resources and they stated that the Department is still in the
process of preparing a Jet:.t.er to ICC outlining t,heir pennit reguirE'ffient:.s ~
No action was taken by t,he Cormnission.
Black,Rock Estates:
lYlr.Gooclrich remind,eel.'the Cornrl1ission that the prel irninary consultation and
the SLU-")jC":.'Ct of driveway access to Mt.Aetna Road for Black Rock Estates had
been discussed during the February and cTuly meetings.He added that
following the site visit \rJhich occurred on ,July 9th.,the consultant
srilimitted a.revised plan which included a cu.J-c1e-sac f:t:om the irrterior
st:reet_in section A to serve 4 lots that have frontage along Mt ~l\etna Hoad
just east of the golf course's entrance.The lots in Sections Band C "ill
ut:.ilizE?sh;:lred entranCE~S onto Mt.Aetna Road.WiU.1 a rninimum of 300 fec-'?t.of
access separation.A total of 9 a.ccess points are prol:::":osed cmto Mt.Aetna
Road;thrE~E·:street:,":).cc(;o:sses,five joint 'use d.r:-ive\l11ays and one single-use
drive'itvay.Th(:;'access concept 1 m(~ets the COl:mty En.gineer;s minimum
require..meJ1ts.
Mr.{Illest [(lade a motiot'l to adoF1t the access concept 'for Black Rock:Estates a q
pn::sent:ed.Seconded by Mr.Spickler ~)\-11'.Moser votJ:::d no.So orde,red ~
Service ROZ:l.d,-Quail Run:
Mr~Goodrich rexninded the Cornrnission that:Mr4 William Harris,developer.of
the Quail Run townhouse subdivision in thE~Youn.gstoun PUD,requested t~hat
tIle Planning Cormnission consider the closing of a service road whic:,h
connec-ts the Quail Hun subdivisi.on wii:h the :c(-:;ar of ·the College Plaza
commercial area.~The Commission v.1..sted t_he site on July 9th~Mr4 C){)odrich
also :rerninded ttle~Cornrnise,.lon tJ,lat.the Funh:stown Volunteer Fire Cc)mpany
stated that ·they have no use for ·the service road.
189
Mr~Dan Sheedy f deve.lo[..;eJ:of College Pl"lza and O\1)nel'of t:J:le service road,
suggested to the Commission that instead of closing the road the
construction of sp",ed bumps wil1 slow dOl-in traffic and also be used to
divert,water.He added that it will then he ],'dved once thetowrllouse units
are constructed in Phase 6 1 Sf~ction II"
Mr.Spickler said that during the site visit he noticed that due to the
steep slope of the service rocl.d,it may he difficult to pave.He suggested
seeding it and using as a pedestrian walkway to the commercial area.A
'Cl';-.:'Inovable barrier could a.lso b(.;:constructed for ernergency vehicL=:s 0
Mr.Elmer Hurd,resident of Quail Rlm,said that the service road should he
closed because it is a 8a,fet::i hazard~
Mr.Iseminger made a motion to close the service road to vehicular traffic
due to the steep slope,the fact that the Funkstown Volunteer Fire Company
is of the opinion that there is no use for the road and the nuisance and
sa.fet:y problems it cn::;ate~s"The mot,ion included the requirement.t:hat tlK:
owner plant the area with ground cover and that a 4 foot wide pedestrian
path he constructed during Phase 6 of Hillside Vil1as prior to the
i,ssuance of any Use and Occupancy Permit for this phase.It is the
Commissions'i ntenb on Lhat.this moLion override the previous action of
August 1984 concerning the service road.Seconded by Mrs.Johnson.So
orde'red~
New Business:
Va.riances ~
Robert Burqer:
Mr.Gudmundson presen1:ed the var,iance request for Robert Burger.The site
cis locat.ed along 'Lhe nortJ1 side cf U.S.Rout.e 40.The variance is being
requested from S,coction 405.2.A of the Subd,ivision Ordinance which states
tb.at a minimum of 500 feet:of access spacing is required~The o\mer is
proposing to create 3 lots from his 24 acre tract:.Lot #1 has an existing
mobile home with a dual access which serves Lhis lot and an adjacent Jot:.
Lots 2 and 3 will utilize a dual access.This proposed access is 340 feet
from t"he existing driveway ~Due to a hil.l and dips in t:he roadway f the
proj"osed entrance location will provide much better sight dis,tance.The
Maryland state Highway Administration has approved tI1e entrance locat;ion.
f'llr ~Iseminger wade a motion t:o grant the vax-iance based on an increase in
safety.Seconded by Mr.Moser.So ordered.
Tow,my Durs't:
j\I1r~Gudmundson pn~sented the v,:::Lriance request for Tommy Durst~The sit,e is
located <:110n9 the east side of st.~Paul Roac1~The variance is beinq
rE.'quest,ed from Section 405.2.",\.of the Subdivision Ordinance which states
t:hat (,J minirmiIn of 300 feet a,ccess sl:J..~cing is requit'ed on a Minor Col1ect:or
roadway ~Mr ..Durst is proposinS:l ·to create a ..92 acre lot from his father J s
txaet..Mr.Du:cst previexlsly requested a variance for -this property in.
A,,,gust 1989 and the Planning Ccmmission denied it.Mr.Durst than applied
for an entrance permit.from the stat(~;Higbway Admini..stration which "vas
issued in February 1990.The c1riveway has now been constructed.The nel,
drivewa,y is 93 feet from an adjacent access and 196 feet:from his father's
access.
The Commission ask,~d.Mr ~Du:cst why he did not share the driveway with b.is
father's exis·ting drivel,Vay +Gerald Cump i'consu.l t.ant,said t:he exist.ing
driveway could no·t be ut.ilized because the new drive woulcl be approxirnately
20 feet from his father I s existing weLl ~Mr ~Iseminger suggested sharing
the ac'cess location vvit:h the adjacent property owner +Mr 4 Cump stated that
lcha1:option was not considered.Mr.Roulette asked \vhat the top"graphy of
the site was and1\'1:r +Durst said there is a c1raina92 stvale between t.he two
houses.
Mr ~IS2Illinger asked the'?Durst.s since the new lot will bE;c:.'onveyed t:o an
irllrnediate family :mernber if t,hey ha.d a probleJ.l1 pla.cin(.:I a.statelnent..on ·the
plat stating that the new lot '''ill not be conveyed OLltside the family for a
period.of .1 0 yecH"S ~Tl)(-:::DuYsts rE.~pl ic~d no ~
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191
Mr.Iseminger made a motion to grant the variance based on a topographic
hardship with the condition that the lot not be conveyed outside the family
for a 10 year period.Seconded by Mr.Moser.So ordered.
Francis Shaffer:
Mr.Gudmundson presented the variance request for Francis Shaffer.The site
is located at the dead end of Rohrersville School Road,southwest of
Rohrersville.The variance is being requested fram Section 405.11:B.of the
Subdivision Ordinance which states that all lots must have a minimum of 25
feet of public road frontage.Mr.Shaffer is proposing to create a 6 acre
lot without the required road frontage.Access to the lot will be via an
old County right-of-way.Mr.Shaffer is seeking easements to be 25 feet in
width from adjacent property owners to obtain access to Rohrersville School
Road.The County Engineer is not aware if the road was conveyed to the
adjacent property owners or remained in County ownership when it was
abandoned.If it was not conveyed to the property owners,he cannot support
the proposal due to the maintenance and liability responsibility.The
remaining land does have frontage onto Trego Road and the staff is of the
opinion that access can be achieved at that point.
A petition was submitted stating that the undersigned adjacent property
owners did not have a problem conveying easements with conditions.The main
condition being that only one lot accessed off the easement.
Rob Holmes,consultant,said it would be difficult to have access off Trego
Road since the site is 2000 to 3000 feet from Trego Road.
After a discussion,Mr.Spickler made a motion to table any action on this
variance request until the applicant can clarify the ownership of the
roadway.Seconded by Mrs.Johnson.So ordered.
st.James Corporation,Section D -Block 10 Lots 13 &14:
Mr.Gudmundson presented the variance request for St.James Corporation.
The site is located along the south side of Woodside Court.The variance is
being requested from Section 405.11.G.l of the Subdivision Ordinance which
states that panhandle lots shall be a minimum of 25 feet in width.The
owner is requesting the variance since the existing house was built to close
to the side yard setbacks.The lot line will be adjusted so the panhandle
tapers to 24.74 feet in width.Mr.Roulette made a motion to grant the
variance based on a hardship.Seconded by Mrs.Johnson.So ordered.
Raymond Willard:
Mr.Gudmundson presented the variance request for Raymond Willard.The site
is located along the west side of Mt.Laurel Road.The variance is being
requested to reduce the 10 feet utility easement along the front yard to 5
feet.Mr.Willard is proposing to create a 1 acre lot.The variance is
needed since the existing well is 6 feet from the future right-of-way line
and is within the 10 foot utility easement.Mr.Moser made a motion to
grant the variance to reduce the 10 foot utility easement to 5 feet.
Seconded by Mr.Roulette.So ordered.
Hobart Luppi:
Mrs.Pietro presented the variance request for Hobart Luppi.The site is
located along the north side of Cool Hollow Road.The owner is proposing to
create 8 residential lots to be served by a new public street.Proposed
lots 2,5,6 and 7 are to be served by panhandles.Lot 5's panhandle will
be 700 feet in length and lot 6's panhandle will be 960 feet in length.A
variance is being requested from the Subdivision Ordinance requirements
which states that all panhandles shall not exceed 400 feet in length.In
addition,a request is being made for a variance fram the requirement that
no more than two panhandles may have adjoining entrances.Lot #7 is also a
panhandle lot with an acceptable length,however,its entrance creates
adjoining drives.The proposed width of lot 5 and 6's panhandle is 100 feet
which is the minimum lot width in the Agricultural zoning district thus
permitting dwellings to be constructed within that area.The consultant and
applicant are of the opinion that since the width of the panhandle is 100
feet,they should not be considered as panhandle lots.
Fred Frederick,consultant said the lots are a panhandle shape.However ,he
said that since the panhandle is 100 feet wide and the Subdivision Ordinance
does not specify width for panhandles,it's his opinion that it is not a
panhandle lot.He added that the purchaser of these lots would not build in
the panhandle area since these lots are to be estate type lots.Mr •
Frederick said it is his opinion that this development should be considered
as excellence in design since there are trees along the property line which
enhances these lots.Mr.Spickler said that it is his opinion that
excellence of design is the layout of the lots and roads throughout the
development.Excellence of design should not consist of long panhandles.
After a discussion,Mr.Iseminger made a motion to deny the variance
request.Seconded by Mr.West.So ordered.
Mr.Roulette stated that it must be determined what is considered a
panhandle and what is not in regards to width.
Less Than 16 Foot Roads:
Mike Brown:
Mr.Lung presented a proposed subdivision for Mike Brown.Mr.Brown 1S
proposing to create a 3 acre residential lot along Keefer Road.The
property is zoned Conservation.The County Engineer has stated that he will
not approve the subdivision due to Keefer Road being less than 16 feet in
width.The subject site is .75 mile north of Indian Springs Road which is
16 feet or greater in width.Mr.Brown stated that sight distance is
adequate at the proposed entrance,and that Keefer Road is very lightly
traveled and unlikely to be improved by the County in the future.
Kenneth Lang:
Mr.Gudmundson presented the subdivision plat for Kenneth Lang.The site is
located along the east side of Cove Road.Mr.Lang is proposing to create a
3 acre lot with access onto Cove Road.The County Engineer disapproved the
subdivision since Cove Road is only 15 feet in width.Mr.Lang is proposing
to widen Cove Road in front of the new lot,however,the County Engineer
states this will create additional problems since there is a curve and hill
in the roadway.
Richard Haynes:
Mr.Gudmundson presented the subdivision plat for Richard Haynes,lot 1-
The site is located along the south side of Park Hall Road.The owner is
proposing to create a 3.5 acre lot.The County Engineer has disapproved the
subdivision since Park Hall Road is only 14 feet in width.Due to the sharp
and blind curves,the County Engineer states that widening the road in front
of this lot would not improve the situation.
Warren Jamison:
Mr.Gudmundson presented the subdivision for Warren Jamison which is located
along the east side of Limekiln Road.Mr.Jamison is proposing to create a
3 acre lot.Limekiln Road is only 13 feet in width and the County Engineer
has disapproved the subdivision.Limekiln Road also has hills,sharp
corners and unguarded severe slopes.
Mr.Iseminger said it is his opinion that the Planning Commission should be
consistent and they do not want to over ride the County Engineer's
decision.He added that in the past,the Planning Commission made a
provision that developers improve roadways to current County standards (18
feet wide roadways)along the frontage of their property.Mr.Iseminger
added that the developers should also confer with the County Engineer and
County Commissioners to determine what type of improvements are necessary
for the approval of the subdivision prior to requesting any action from the
Commission.
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193
Mr.Spickler made a motion that the Lang,Haynes and Jamison subdivisions be
approved with the condition that the inadequate roadway width improvements
be negotiated with the County Engineer and County Commissioners.The Hrown
subdivision,when submitted,will be approved under the same conditions.
seconded by Mr.Iseminger.So ordered.
James Frey:
Mrs.Pietro presented the subdivision plat for James Frey.The site is
located along the east side of Fairplay Road.Mr.Frey is proposing to
enlarge an existing lot of record.The County Engineer has disapproved this
subdivision since Fairplay Road is only 13 feet in width.It is the County
Engineer's opinion that even though this is an existing lot of record,the
subdivision cannot be approved based on safety concerns.Mr.Roulette made
a motion to approve the subdivision plat and over ride the County Engineer's
decision since this is an existing lot of record.Seconded by Mr.
Iseminger.So ordered.
Subdivisions:
Shaffer Farms:
Mr.Gudmundson presented the preliminary and final subdivision plat for
Shaffer Farms.The site is located along the east side of Trego Road.The
owner is proposing to create 3 lots with sizes ranging from 3.75 to 6
acres.A total of 85 acres will remain.Proposed lot #2 will be served by
a ;365 foot panhandle.There is floodplain on the site,however,no
.buildings ,wells or septic areas will be located within this area.All
agency approvals have been received.Mr.Roulette made a motion to grant
preliminary and final plat approval.Seconded by Mr.Moser.So ordered.
William Hancock:
Mr.Gudmundson presented the preliminary and final subdivision plat for
William Hancock.The site is located along the east side of Southbend Lane
in the Horseshoe Bend subdivision.Southbend Lane is a private lane.Mr.
Hancock is proposing to create 3 residential lots.Individual wells and
septic systems will serve the new lots.In 1988,the Planning Commission
granted a variance for these lots to be created along a private roadway.
All agency approvals have been received.Mr.Moser made a motion to grant
preliminary and final plat approval.Seconded by Mr.Spickler.So ordered.
Western Commercial Funding:
Mr.Gudmundson presented the preliminary and final subdivision plat for
Western Commercial Funding,Section D.The site is located along both sides
of Edgemont Road.The owner is proposing to create 4 residential lots with
sizes ranging from 3 to 5 acres.The lots will be served by individual
wells and septic systems.All agency approvals have been received.Mr.
west made a motion to grant preliminary and final plat approval.Seconded
by Mr.Iseminger.So ordered.
Deer Run:
Mr.Gudmundson presented the preliminary plat for Deer Run.The site is
located along the north side of Dogstreet Road.The developer is proposing
to create 13 residential lots with sizes ranging from 1 to 2 acres.
Individual wells and septic systems will serve the site.One panhandle lot
is proposed with a length of 122 feet.A concept plan was previously
presented to the Planning Commission which proposed several panhandle lots.
The concept plan has been revised to show a new public street to be called
Michaels Court.A verbal approval has been received from the County
Engineer.Health Department approval is pending due to results of a test
well.Mr.Iseminger made a motion to grant preliminary plat approval with
the condition that all agency approvals be received prior to final
approval.Seconded by Mr.Moser.So ordered.
194
Site Plans:
North Village Development -Pizza Hut:
Mrs.Pietro presented the site plan for North Village Development.The site
is located in the Washington Square Shopping Center along the east side of
the Pennsylvania Avenue/Maugans Avenue intersection.The developer is
proposing to construct a 3300 square foot pizza hut restaurant.Zoning is
Planned Business.Hours of operation will be from
11:00 A.M.to 12:00 midnight with 24 employees proposed.A total of 39
parking spaces are provided.Public water and sewer will serve the site.A
sign will be located on the roof of the building in addition to the parking
area in order to control traffic flow.Proposed lighting will be building
and pole mounted.Access to the site will be via the rear of the site.No
accesses are proposed onto Pennsylvania Avenue.A dumpster is proposed in
the southeast corner of the property and will be screened by a 10 foot high
wooden fence.A loading area is proposed to the rear of the building.The
staff was of the opinion that when unloading,traffic flow could be
disrupted.However,loading will only occur during off hours.A drive-thru
window is proposed which may block vehicles attempting to back out of the
parking spaces located along Pennsylvania Avenue.After a discussion
regarding the parking along Pennsylvania Avenue,Mr.Spickler made a motion
to grant site plan approval.Seconded by Mr.Roulette.Mr.Iseminger
abstained.So ordered.
Agricultural Land Preservation District Applications:
Jean and Lane Heimer:
Mr.Seifarth presented the Agricultural Land Preservation District
application for the Heimers.The farm is located on the west side of
Maryland Route 62,just southwest of Leitersburg.The farm,consisting of
67 acres,does qualify for the Program since it's contiguous to an existing
Agricultural Land Preservation District of 100:,:acres known as the Keuper
farm.The farm has 86%class I,II,and III soils.
Arthur T.and Grace Litton:
Mr.Seifarth presented the Agricultural Land Preservation District
application for the Littons.The farm is located along the east side of
Maryland Route 57,northwest of Clear Spring.The farm encompasses 145
acres and has 73%class I,II,and III soils.
Joseph and Lorraine Howell:
Mr.Seifarth presented the Agricultural Land Preservation District
application for the Howells.The site is located along the south side of
Dellinger Road just south of Downsville.The farm encompasses 146 acres.
The Howell farm did not have at least 50%class I,II,and III soils,
however,the State permits the combination of tillable soil and forest
land.With this combination,the Howell farm had 79%qualifying soils.
Clifton and Edna Churchey:
Mr.Seifarth presented the Agricultural Land Preservation District
application for the Churcheys.The farm encompasses 186.32 acres and is
located on both sides of Churchey Road approximately 2 miles southeast of
Sharpsburg.The farm has 85%class I,II,and III soils.
David W.Fletcher,Jr.:
Mr.Seifarth presented the Agricultural Land Preservation District
application for Mr.Fletcher.The farm is located to the south of Spielman
Road,1/2 mile southeast of Downsville.The farm encompasses 104.80 acres
and has 78%class I,II and III soils.
Mr.Spickler made a motion to recommend to the County Commissioners that the
above-referenced Agricultural Land Preservation District applications be
included in the Program since they are consistent with the Comprehensive
Plan.Seconded by Mrs.Johnson.So ordered.
195
Preliminary Consultations:
Catawba Heights:
The written surmnary of the preliminary consultation for Catawba Heights was
presented to the Commission with nothing being added by the staff.No
action was taken by the Commission.
Marcum Farms:
The written surmnary of the preliminary consultation for Marcum Farms was
presented to the planning Commission with nothing being added by the staff.
No action was taken by the commission.
Ridgewood Acres:
The written surmnary of the preliminary consultation was presented to the
Commission with nothing being added by the staff.No action was taken by
the Commission.
King Road Associates:
The written surmnary of the preliminary consultation for King Road Associates
was presented to the Planning Commission with nothing being added by the
staff.
.Mr.Scrimgeour of King Road Associates approached the Commission and asked
them for additional direction regarding their comments that he should
discuss plans for this development with the Town of Boonsboro prior to
approaching the County.Mr.Roulette stated that Mr.Scrimgeour should make
a formal presentation to the Town of Boonsboro on possible annexation and
also to provide public facilities to the site.He added that the County
will not consider amending the Water and Sewerage Plan prior to a
discussion with the Town of Boonsboro since the Town Growth Area boundary
for Boonsboro has major consideration regarding the expansion of these
areas.Mr.Roulette said that the Town of Boonsboro should state that they
are not interested in annexing the property into the Town prior to
approaching the County.
No action was taken by the Commission.
Hunters Green,Phase 1:
The written surmnary of the preliminary consultation for Hunters Green,Phase
I was presented to the Commission with nothing being added by the staff.No
action was taken by the Commission.
Van Lear Manor,Sections 13 through 17:
The written swnmary of the preliminary consultation for Van Lear Manor,
Sections 13 through 17 was presented to the Commission with nothing being
added by the staff.No action was taken by the Commission.
other Business:
Demolition Permit -FMW Partnership:
Mr.Goodrich informed the Commission that a demolition permit for FMW
Partnership was presented to the Historic District Commission during its
August meeting.The applicant is proposing to demolish a log house located
at the end of Beckly Road.The HOC declined any action pending additional
information from the applicant including a site visit.By consensus,the
Planning Commission tabled any action on this demolition permit until its
September meeting and results of the HOC action.
September Meeting Date:
Due to the Labor Day holiday,the Planning Commission's regular September
meeting will be held on Monday,September 10,1990.
Adjournment:
There being no further business,the meeting adjourned at
10:00 P.M.
196
Washington County Planning Commission
Regular Meeting -September 12,1990
The Washington County Planning Commission held its Regular Meeting on
Wednesday,September 12,1990 in Court Room No.1 of the Court House,
Hagerstown,Mary land.
Members present were:Chairman,Donald E.Zombro;Vice-Chairman,Bertrand
L.Iseminger;Ex-Qfficio,Richard E.Roulette;Bernard Moser,Donald
Spickler and Steven West.Staff:Director,James P.Brittain;Senior
Planner,Stephen T.Goodrich;Associate Planners,Timothy A.Lung,and Eric
Seifarth;Assistant Planner,John Gudmundson,and Secretary,Janet L.
Walkley.Absent was Carol Johnson and Associate Planner,Lisa Kelly Pietro.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
Mr.Iseminger said under Quail Run Service Road the motion should include
the planting of grass and the construction of the pedestrian path occur
during the construction of Phase 6 (Hillside Villas),and prior to the
issuance of any Use and Occupancy permit for this phase.
Mr.Iseminger made a motion to adopt the minutes of the August meeting as
amended.Seconded by Mr.Moser.So ordered
REQUEST TO BE ADDED TO THE AGENDA:
Mr.Brittain informed the Commission that a request has been made to add the
Marcum Farm (South Gate Vista subdivision)plat to the agenda.A copy of
William Phillips's letter dated September 7,1990 was distributed to the
Commission.Mr.Brittain added that the staff has not completed its review
of the plat at this time because agency responses were only recently
received.Due to the fact that the staff has not reviewed the plan,Mr.
Spickler made a motion not to add the Marcum Farm subdivision plat to the
September agenda.Seconded by Mr.Moser.So ordered.
UNFINISHED BUSINESS:
Independent Cement Corporation:
Mr.Brittain informed the Commission that the staff still needs comments
from the Department of Natural Resources regarding their requirements on the
proposed ICC expansion.No action was taken by the Commission.
FMW Demolition Permit:
Mr.Goodrich reminded the Commission that it had delayed action at its last
meeting on a demolition permit requested by FMW Partnership to demolish a
suspected log house on Beckley Road.After taking a site visit,the
Historic District Commission voted not to object to the demolition permit
issuance.Mr.Iseminger made a motion to concur with the HDC and recommend
that the demolition permit not be opposed.Seconded by Mr.Roulette.So
ordered.
NEW BUSINESS:
Variances:
Dynacorp:
Mr.Goodrich presented the variance request for Dynacorp.The site is
located along the south side of Virginia Avenue.The variance being
requested is from the Highway Plan which states that all new points of
access be at least 500 feet from existing driveways along a Minor Arterial
roadway.The developer is proposing to create 31 residential lots.The
development is proposed to be served by a new public road whose point of
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198
access onto Virginia Avenue is one of the two new access points that do not
meet Highway Plan criteria.The new road access will be located in
approximately the same place as a currently existing single-family driveway
which will be abcndonded and relocated onto the new road.The second new
access is a 12 foot wide panhandle to serve lot 31.The proposed road is
340 feet east and 330 feet west of existing driveways.The panhandle is 100
feet east and 75 feet west of existing driveways.A preliminary
consultation is scheduled on this proposed development on September 21,1990
to receive comments from the reviewing agencies.The Planning staff is
recommending that the Planning Commission delay action on the variance
request until after the preliminary consultation and all agencies have had
an opportunity to comment.The Commission was informed that in 1987 and
1989 this property had previous preliminary consultations.At that time the
State Highway Administration expressed concerns on the distance between this
property and Eckstine Road.The State requires 750 feet between new road
points of access.The State also stated that accel and decel lanes may be
required.
Catherine Parks,consultant with Fox and Associates,stated that the
variance is being requested for lot 31 because of the floodplain to the rear
of the lot.In order to avoid crossing the floodplain area the access point
onto Virginia Avenue is proposed.A plan was sent to the State Highway
Administration and they responded verbally by stating that the new road
location is not objectionable,but the 12 foot panhandle is.
Mr.Iseminger made a motion to grant the variance for the main entrance
access point onto Virginia Avenue only with the condition the State Highway
Administration approval.This variance is being approved since it will
improve sight distance and safety for this proposed development.Seconded
by Mr.Roulette.So ordered.
Mr.Spickler made a motion to delay action on the use of the panhandle until
after the preliminary consultation meeting.Seconded by Mr.Roulette.So
ordered.
Gladys Schamel:
Mr.Brittain informed the Commission that Mrs.Schamel is proposing to
create 3 residential lots to be conveyed to immediate family members.The
proposed subdivision is located along Jordan Road.Due to its current width
<15.5 feet),the County Engineer has denied this request since additional
traffic will be generated.
Fred Frederick,consultant with Frederick,Seibert and Associates,said that
even though Jordan Road is less than 16 feet in width,it does have good
sight distance.He reiterated that the lots will be ,conveyed to family
members,and that the subdivision of 10 lots between 1975 and 1983 were to
private individuals.Mr.Frederick stated the County currently has the
dedicated right-of-way along Jordan Road from Route 68 to the remainder of
the Schamel property.It's Mr.Frederick's opinion that this request should
be granted since Jordan Road is only slightly shy of 16 feet wide,
additional right-of-way missing could be acquired and that the three lots
are going to the immediate family.
Mr.Roulette stated that since these proposed lots will be conveyed to
family members,they will be required to meet the Subdivision Ordinance's
recent amendment that requires all family member lots remain in family
ownership for a period of 10 years.He asked Mr.Frederick if his client
had a problem placing the 10 year restriction on the plat.Mr.Neal
Samonte,husband of Mrs.Schamel's granddaughter,said he just found out
about the 10 year statement.He added that he has no problem with the 5
year statement but it's his opinion that the 10 year statement would be to
restrictive if he should be transferred due to his job.The Commission
informed Mr.Samonte that if he would be transferred,a variance could be
requested to remove the 10 year family member statement from the plat.
Mr.Iseminger made a motion to approve the subdivision of three lots with
the family member statement being added to the plat for a period of 10
years.Seconded by Mr.Roulette.So ordered.
199
Subdivisions:
Mountain Vale:
Mr.Goodrich presented the preliminary and final subdivision plat for
Mountain Vale,lots 1 through 7.The site is located along White oak Ridge
near Hancock.The owner is proposing to create 7 residential lots and
Parcel A as a simplified plat.The proposed lots range in size from 1.8
acres to 14.3 acres.The lots will be served by private wells and septic
systems.All agency approvals have been received.Mr.Moser made a motion
to grant preliminary and final plat approval.Seconded by Mr.Spickler.
Mr.Iseminger abstained.So ordered.
Joseph Faith:
Mr.Goodrich presented the preliminaty and final subdivision plat for Joseph
Faith,lots 2 through 6.The site is located on a private lane off of
Mercersburg Road.A preliminary consultation was held for these lots and
during that time,the developer stated that the lots would be conveyed to
family members.The Planning Commission agreed to permit the conveyance of
these lots to family members with access onto a private right-of-way.Each
lot will be over 3 acres in size and will be served by a private well and
septic system.During the processing of this plat,the Subdivision
Ordinance was revised to change the family member conveyance holding period
from 5 to 10 years.
Mr.Roulette made a motion to grant preliminary and final plat approval with
the 5 year family member statement on the plat.Seconded by Mr.Iseminger.
So ordered.
St.Paul Road:
Mr.Goodrich presented the preliminary and final subdivision plat for st.
Pauls Road Subdivision,lots 12 through 15.The site is located along the
west side of st.Pauls Road.This development plan also consists of a
simplified plat for Parcel B to be conveyed to an adjacent property owner.
The developer is proposing to create 4 residential lots with sizes ranging
from 1.5 to 6.5 acres.The lots will front along St.Pauls Road.
Panhandles are proposed to serve two lots and meet the 400 foot maximum
length requirements.Lots 12 and 13 will share an access point.The lots
will be served by private wells and septic systems.All agency approvals
have been received.Mr.Spickler made a motion to grant preliminary and
final plat approval.Seconded by Mr.Moser.So ordered.
Richard Keely:
Mr.Gudmundson presented the preliminary and final subdivision plat for
Richard Keely,lots 4 through 6.The site is located along the east side of
Black Angus Road.The developer is proposing to create 3 residential lots
and also to resubdivide lot 3.Lot 3 is being revised to reduce its
acreage.Proposed lot sizes for lots 4 through 6 will be 1.4 acres each.
The lots wi.ll be served by private wells and septic systems.All agency
approvals have been received.Mr.Moser made a motion to grant preliminary
and final plat approval.seconded by Mr.Roulette.So ordered.
Black Rock Estates -Section A:
Mr.Lung presented the preliminary subdivision plat for Black Rock Estates,
Section A.The site is located along the north side of Mt.Aetna Road 1/2
mile east of Robinwood Drive.Section A consists of 74 residential lots on
approximately 52 acres.Section A is the first portion of the Black Rock
Estates development that,when complete,will consist of 531 residential
lots on 300 acres.Average lot size is .5 acres.Section A will be served
by new County roads,to be construct.ed by the developer,called Ayoub Lane,
Sani Lane,Chuck Lane and Shalom Lane.·Provision has also been made for a
future cul-de-sac to provide access to proposed lots along Mt.Aetna Road.
Section A will be served by public water and sewer provided by the City of
Hagerstown.A block of Section A has been eliminated from this plat due to
a Potomac Edison right-of-way that needs to be relocated.This block of
lots may be included in a future section.All agency approvals have been
received with the exception of the County Engineer.The County Engineer has
requested some modifications to drainage easements and grading plans to be
shown on the final plat.There is currently a Water and Sewerage Plan
amendment being processed for a portion of Section A to establish a water
and sewer priority classification.Preliminary approval for Section A
should be conditional on the receipt of approval from the County Engineer
and on the County Commissioners granting of the Water and Sewerage Plan
amendment.Mr.West made a motion to grant preliminary plat approval
conditional on written approval from the County Engineer and also that the
Water and Sewerage Plan amendment be approved by the County Commissioners.
with this motion,the commission is also granting the staff authority to
approve the final plat.Seconded by Mr.Iseminger.So ordered.
Site Plans:
Crestwood Plaza:
Mr.Lung presented the site plan for Crestwood Plaza.The site is located
along the east side of U.S.Route 11 (Pennsylvania Avenue)just north of
Crestwood Drive.The site encompasses .69 acres with a proposed use of
retail shops and a muffler/brake shop.Zoning is BL.There is an existing
building on the site which will be demolished.The proposed building will
be 50'x 100'to consist of a Monro muffler/brake shop and three small
retail shops.Access to the site will be via Crestwood Drive and Route 11.
The State Highway Administration has requested that the existing northern
entrance onto Route 11 be eliminated.The site plan appears to meet all of
the requirements of the Zoning Ordinance.All agency approvals have been
.received.Mr.Roulette made a motion to grant site plan approval.Seconded
by Mr.West.So ordered.
Wilson Honda:
Mr.Lung presented the site plan for Wilson Honda.The site is located
within the 1-70 Auto Mall along the east side of Auto Place off Route 40.
The site encompasses 4.6 acres and the proposed use is auto sales and
service facilities.The proposed building will be 145'x 72'with an
overhead canopy at the front.A total of 250 parking spaces are proposed
for outside storage of cars.A total of 45 parking spaces are provided for
employees and customers,39 are required.The site will be served by an
individual well and septic system.Two entrance locations are provided off
Auto Place.Landscaping is proposed to the front of the site and in the
islands in the parking area.A variance was approved by the Board of
Appeals to reduce the 75 foot buffer to 10 feet.All agency approvals have
been received.
The staff expressed concern that specific parking spaces will not be
designated for employees and customers.Steve Zoretich with Frederick,
Seibert and Associates stated that the owner needs the flexibility to change
-the location of parking due to changes in inventory.He added t.hat the
traffic lane is 30 feet throughout the site which is enough room for a car
to be parked along the traffic lane and other vehicles to pass.Mr.
Roulette added that as long as there are 39 spaces for employee parking
throughout the site,the plan will be in conformance with the Zoning
Ordinance,and therefore,does not need to have designated spaces.
Mr.West made a motion to grant site plan approval.Seconded by Mr.
Roulette.So ordered.
Foxshire Plaza:
Mr.Goodrich informed the Commission that a revised site plan was received
for Foxshire Plaza.The site is located at the intersection of Mt.Aetna
Road and Dual Highway.The five revisions are as follows:1.)The parking
to the re3r of the building on the original site plan was 45 degree parking;
it's now parallel parking and the loading areas have changed.2.)The
buffer along the rear property line was previously a 5 foot high privacy
fence.It's now proposed to be a natural planting of Hatfield Yews which is
an evergreen type bush.They will be installed initially at a height of 32
200
201
to 36 inohes at 8 foot intervals.The planting will grow to a height of 8
to 10 feet.Mr.Zombro asked how long it will take for the plantings to
growth to 8 feet tall.Mr.steve Sagi,developer,said the trees grow 6 to
8 inches per year.3.)The developer has added a drive-thru at the
southern end of the building.The parking at the southern end of the
property has been switched from head-in to the building to 45 degree parking
along the proprty line between the shopping center and an adjacent
property.4.)There was a row of white pines proposed to be planted along
the exit onto the Dual Highway.This has been relocated adjacent to the
Leather property.5.)The building is two-story and was originally served
by concrete steps to the second floor.The developer is now proposing
circular stairs and a handicap chairlift.
The staff's comments on the rev~s~ons are as follows:1.)Changing the
parking in the rear to 45 degree parking reduces the number of parking
spaces available at the rear of the building from 24 to 16.This also
reduces the total number of parking spaces on the entire site from 190 to
187.One hundred eighty-seven parking spaces is the minimum amount of
parking spaces required by the Zoning Ordinance.The staff has no problem
with the angle of the parking.However,the change in the angle of the
parking does change the loading area size in the rear of the building.The
Zoning Ordinance states that all loading areas must be 10'x 45'.The
loading area will now be 15'x 30'in size.2.)The staff has no problem
with the change in the buffer to the rear of the building from the fence to
the natural screen.It's the staff's opinion that the natural screen will
be more aesthically pleasing then a fence.3.)The staff has concerns
about adding a drive-thru at the southern end of the building and changing
the parking.Having a drive-thru at this location will encourage additional
traffic to come around the rear of the building and will cause additional
congestion with the loading area.The staff is of the opinion that there
will be interferrence with the adjacent property during evening hours with
headlight glare and engine noise.The staff also has concerns since the
developer has not stated what type of drive-thru this will be.The staff is
of the opinion that the previous plan with no drive-thru and parking against
the building i.s a better design.4.)The staff has no problem with the
relocation of the white pines to the adjacent property.It will provide a
better screen but the staff is suggesting that since the vacant area is
zoned ResidentiaL additional planting should be installed along the exit if
that area is developed residentially.5.)The staff has no problem with
the circular stairs or the handicap chairlift.The staff is recommending
that the loading area,drive-thru and parking at the southern end of the
building should remain as shown on the previously approved site plan.
Mr.Leather,adjacent property owner,expressed his concern that the drive-
thru along the southern end of the building will create additional traffic
congestion and also headlight glare into his house.
The Commission asked Mr.Sagi what type of drive-thru is proposed and Mr.
Sagi said possibly a pizza parlor.Mr.Zombro recommended that the
Commission delay action on the revised site plan until a site visit can be
made.
Mr.Roulette said he would like to see the planting at the rear property
line installed as soon as possible.He suggested the trees be planted at 6
foot intervals instead of 8 foot.
The Commission asked Mr.Sagi why he is requesting rev~s~ons to the site
plan when the building is almost complete.Mr.Sagi said the parking to the
rear of the building was changed because of a change in the walkway.He
decided to use natural planting as a bLlffer because he was trying to
eliminate maintenance problems in the future.The drive-thru is planned due
to the reaction of the market.The white pines will be relocated so
visibility from the Dual Highway will be enhanced.He added that he has no
problem with the condition on additional planting if the lot is developed
residentially.The handicap chairlift was added due to Maryland law.Mr.
Sagi added that it's his opinion that the circular stairs would be more
aesthically pleasing than concrete stairs.
202
revised site plan until a site visit can be made.Seconded by Mr.
Iseminger.So ordered.
Mr.Sagi informed the Cormnission that by not approving the revised site
plan,he will not be able to get his Use and OCcupancy Permit.Mr.Roulette
suggested that if the developer withdraws the request for the drive-thru and
the change in the parking,the Cormnission could approve the site plan with
the relocation of the white pines,the screened planting to the rear of the
building and the circular stairs and handicap lift.Mr.Sagi said he will
withdraw the proposal of a drive-thru and parking arrangement at that end of
the Plaza until the Cormnission has had time for its field visit.
Mr.Roulette made a motion to approve the revised site plan to include white
pines to the front of the building and also additional planting if the
vacant lots is developed residentially,the screened planting to the rear of
the building to be planted at 6 foot intervals and to be at full growth
within a 3-year period,and also the addition of circular stairs and a
handicap chairlift.Seconded by Mr.West.So ordered.
Mr.Spickler made a motion to reconsider the previous motion on delaying
action on the revised site plan.Seconded by Mr.Roulette.
Mr.Spickler made a motion to delay action on changing the parking in the
rear of the building and also the addition of a drive-thru at the southern
end of the building until after a field visit to the site.Seconded by Mr.
Roulette.So ordered.
Agricultural Land Preservation District Applications:
William and Rachel Nieymer:
Mr.Seifarth presented the Agricultural Land Preservation District
application for the Nieymers.The farm is located off the
smithsburg/Leitersburg Road and encompasses 75.375 acres.The farm is
contiguous to an existing District and has 70.06%class I,II and III soils
and therefore qualifies for the Program.
Carolyn Hammond and Linda Baker:
Mr.Seifarth presented the Agricultural Land Preservation District
application for Carolyn Hammond and Linda Baker.The farm is located along
the smithsburg/Leitersburg Road and encompasses 17.06 acres.This farm has
60.48%Class I,II and III soils and qualifies for the Program since its
contiguous with the Nieymer farm.
Elmer Stone,err.
Mr.Seifarth presented the Agricultural Land Preservation District
application for Mr.Stone.The farm is located to the west of King Road
just south of Boonsboro.The farm encompasses 165 acres and has 91.02%
Class I,II and III soils.
Daniel Secrest:
Mr.Seifarth presented the Agricultural Land Preservation District
application for Mr.Secrest.The farm is located along the east side of
Spickler Road south of Hicksville Road.This farm encompasses 117.42 acres
and has 50.72%Class I,II and III soils.
Robert and Carla Stockslager:
Mr.Seifarth presented the Agrigultural Land Preservation District
application for the Stockslagers.The farm is located along Rocky Forge
Road just south of the Pennsylvania line.The farm encompasses 145.33 acres
and has 62.17%Class I,II,and III soils.
Glenn and Doris Martin:
Mr.Seifarth presented the Agricultural Land Preservation District
application for the Martins.The farm is located west of Maryland Route 67
in Brownsville.The farm encompasses 120.77 acres and has 85.46%class I,
II and III soils.
Mr.Spickler made a motion to recommend to the County Commissioners to
include the six previously mentioned Agricultural Land Preservation District
applications to be included in the Agricultural Land Preservation Program
since they are consistent with the Comprehensive Plan for Washington
County.Seconded by Mr.Moser.Mr.Roulette abstained.So ordered.
Water and Sewerage Plan Amendments:
Black Rock Estates -WS-90-6:
The staff presented the Commission with its Staff Report Following the
Public Hearing.After a brief discussion regarding the project,Mr.
Iseminger made a motion to recommend to the County Commissioners that the
Water and Sewerage Plan amendment application for WS-90-6 be approved based
on the staff reports,and that the amendment is consistent with the
Comprehensive Plan.Seconded by Mr.Moser.Mr.Roulette abstained.So
ordered.
Sanitary District/Pen Mar Area -WS-90-5:
The Commission was presented wi.th the Staff Report Following the Public
Hearing.Mr.Lung informed the Commission that the location of the
Appalachian Trail does not run along High Rock Road;it runs parallel with
the railroad.After a discussion,Mr.Spickler made a motion to deny ·the
Water and Sewerage Plan amendment application for WS-90-5 based on the
following:1.)The impact of the proposal on the potential service area
would be significant due to the reduction in minin,Uffi lot size and increase
in allowable residential development density by over 6 times if public water
and sewer were made available to this area.2.)The compatibility with
other plans for serve cannot be determined due to there being no other plans
for serve in this area.3.)The proposed expansion is not compatible with
the Comprehensive Plan since it's not in a designated Growth Area.4.)The
applicant indicated that the placement of a new water tank on a higher site
would provide improved emergency pressure to the proposed system.The
desired improvement can be realized without expanding the service area.
5.)The Appalachian Trail will be impacted by higher density development
which would have the potential to increase incompatible land use activity.
Seconded by Mr.Iseminger.Mr.Roulette abstained.So ordered.
Preliminary Consultations:
C &C Development:
The written summary of the preliminary consultation for C &C Development
was presented to the Commission with nothing being added by the staff.No
action was taken by the Commission.
Ma.ry Trmllpower:
The written summary of the preliminary consultation for Mary Trumpower was
presented to the Commissi.on with nothing being added by the staff.No
action was taken by the Commission.
Little Grove Heights:
203
The written summary of the preliminary consultation for Little Grove Heights
was presented to the Commission with nothing being added by the staff.No
action was taken by the Commission.
204
aTHER BUSINESS:
Clear Spring Growth Area -Update:
Mr.Goodrich informed the Comnission that Mr.Lllilg and he went to Clear
Spring to discuss the establishment of a Town Growth Area with the Mayor and
COllilcil.He added that the Mayor and COllilcil seemed interested but
cautious.It was Mr.Goodrich's opinion that the Mayor and COllilcil liked
the way the Town was at this time.However,the Mayor did state that they
feel the Growth Area Boundary would be a good way to plan for the future.
No action was taken by the comnission.
FlEW VISIT:
The Comnission will take a field visit to the Foxshire Plaza site on Monday,
October 1,1990 at 5:30 P.M.to view the proposed drive-thru.
ADJOURNMENT :
There being no further business,the meeting adjourned at 9:45 P.M.
~~~
205
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -OCTOBER 1,1990
The Washington County Planning Commission held its regular meeting on
Monday,october 1,1990 in the Public Meeting Room of the County
Administration Building.
Members present were:Chairman;Donald E.Zombro,Vice-Chairman;Bertrand
L.Iseminger,Ex-officio;Richard E.Roulette;Carol Johnson,Bernie Moser,
and steven West.staff:Director;James P.Brittain,Senior Planner;
Stephen T.Goodrich,Associate Planners;Timothy A.Lung and Lisa Kelly
Pietro;and Secretary,Janet L.Walkley.Absent was Donald L.Spickler.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
Mr.Iseminger noted that under Quail Run Service Road,it should be added
to the motion that all construction must be completed prior to the issuance
of any Use and OCcupancy Permits.Mr.Iseminger made a motion to adopt the
minutes of the September 12,1990 Regular Meeting as amended.Seconded by
Mr.West.So ordered.
UNFINISHED BUSINESS:
Independent Cement Corporation:
Mr.Brittain informed the Commission that the staff still needs comments
from the Department of Natural Resources regarding their requirements on the
proposed ICC expansion.No action was taken by the Commission.
Dynacorp,Inc.-Variance Request:
Mrs.Pietro reminded the Commission that during the September meeting they
delayed action on a variance request to permit an access to serve lot 31 via
a 12 foot wide panhandle until after a preliminary consultation was held on
the subject property.During the preliminary consultation,the reviewing
agencies recommended that all lots should have access from the proposed cul-
de-sac street,including lot 31.Also during the preliminary consultation,
the consultant presented an alternate design with lot 31 being served off
the proposed new interior street system.By using this design,the
panhandle would be eliminated.
Mr.Weikert,consultant with Fox and Associates,informed the Conrnission
that the panhandle was designed to avoid crossing the floodplain to the rear
of the site.He added that the panhandle is an existing fee simple access
onto Virginia Avenue.
Mr.Roulette suggested that a shared access could be used between lot 26 to
serve proposed lot 31.Mr.Weikert stated that it's an option,however,the
floodplain would still have to be crossed.Mrs.Pietro added that a
variance would have to be granted for the creation of a lot without the
required 25 feet of public road frontage.Mr.Roulette said that a variance
could be granted to create a lot without the required road frontage with
access through lot 26.Mr.Moser added that the consultant submitted an
alternate design which would meet all requirements and not require a
variance.
After a discussion,Mr.Roulette made a motion to grant a variance for the
creation of lot 31 without the required 25 feet of public road frontage with
access being through lot 26 with a shared access onto the proposed interior
street system.This variance is being based on the unique topography of the
property and floodplain.Seconded by Mr.Iseminger.So ordered.
206
Foxshire Plaza:
Mr.Brittain informed the Commission that the developer of Foxshire Plaza
had eliminated the proposed drive-thlU and change in parking that delayed
action on those specific items of the site plan approved by the Colll1lission
last IOClnth.Since the developer withdrew his request,there is no need for
additional action by the COIlIllission.
NEW BUSINESS:
Variances:
Larry and Linda Crouse:
Mrs.Pietro presented the variance request for Larry and Linda Crouse.The
site is located along the west side of Mt.Briar Road.The Planning
COlll1lission previously approved a variance to create lot 3 with access via a
612 foot long panhandle conditional that the grading requirements for its
entrance be met.The owners are proposing to create three residential lots.
Due to the steep slope,the County Engineer is recOlllllending that access to
lots 2 and 3 be via an existing entrance for lot 1.The variance is being
requested from Section 40l.11B which states that all lots shall have access
to a public road or street.Mr.Iseminger made a IOCltion to grant the
variance based on a topographic hardship.Seconded by Mr.Moser.So
ordered.
Subdivisions:
Larry and Linda Crouse:
Mrs.Pietro presented the preliminary and final subdivision plat for Larry
and Linda Crouse,lots 1 through 3.The site is located along the west side
of Mt.Briar Road.Zoning is Conservation.The owner is proposing to
create 3 residential lots.Lots 2 and 3 will be conveyed to iIlIllediate
family members.The proposed lots range in size from 2 to 3 acres.The
Board of Zoning Appeals granted a variance for lot 1 to be less than the
required lot size and also for lot 2 for lot width.The proposed lots will
be served by individual wells and septic systems.All agency approvals have
been received.Mr.Moser made a IOCltion to grant preliminary and final plat
approval.Seconded by Mr.Iseminger.So ordered.
Ed Pike and Family:
Mrs.Pietro presented the preliminary and final subdivision plat for Ed Pike
and Family,lots 1 through 5.The site is located along the west side of
Maryland Route 66.A preliminary consultation was held in the Spring of
1990.The owner is proposing to create 5 residential lots to be conveyed to
family members.The lots will be served by an existing private right-of-
way.Each lot will be served by individual wells and septic systems.All
agency approvals have been received.Mr.Roulette made a IOCltion to grant
preliminary and final plat approval.Seconded by Mr.Iseminger.So
ordered.
207
The Gap:
Mr.Lung presented the preliminary subdivision plat for The Gap.The site
is located along the east side of Maryland Route 67.Zoning is
Conservation.The owner is proposing to create 4 residential lots on 26.67
acres.Proposed lot sizes will range from 3.5 to 7.3 acres.A total of 7.7
acres will remain.The lots will be served by private wells and septic
systems.Access to the lots will be via a new County road off Route 67,to
be called Gap Court,is to be constructed by the developer and dedicated to
the County.The Maryland state Highway Administration has commented that
Route 67 is controlled access and the County must approve of breaking the
access prior to State Highway Administration approval.The state Highway
Administration has also stated that the developer should provide a right-of-
way through the property to the farm to the rear for access for futUre
developnent.The County Engineer has given his conditional approval by
stating that a note should be added to the plat indicating that should a
road be constructed utilizing the dedicated right-of-way in lot 2,the
property line of lot 1 should be adjusted to create a uniform 50 foot wide
right-of-way.The developer is requesting the Corrrnission grant conditional
preliminary approval based on the County Corrrnissioners breaking the access
along Route 67,a note being added to the plat as stated by the County
Engineer and approval from the state Highway Administration.Mr.Iseminger
made a motion to grant preliminary approval conditional on the County
Commissioners breaking the access on Route 67,approval from the County
Engineer and state Highway Administration and also that the appropriate
right-of-way is dedicated.Seconded by Mr.West.As a result of the
motion,Mrs.Johnson voted no,Mr.Roulette abstained,Mr.Iseminger,Mr.
West,Mr.Moser and Mr.Zombro voted yes.Motion passed.So ordered.
south Gate Vistas:
Mrs.Pietro presented the preliminary and final subdivision plat for South
Gate Vistas,lots 1 through 10.The site is located along the east side of
Maryland Route 34.The owner is proposing to create 10 residential lots on
approximately 70 acres.The proposed lots will range in size from 3 to 17
acres.The lots will be served by individual wells and septic systems.
Access to all lots except lot #3 will be off a new County road to be called
Mt.Ary Court.Lot #3's access will be via Route 34.The remaining 7 acres
will have access onto Millers Sawmill Road.Three panhandles are proposed
to serve this developnent and all conform with the 400 foot length
requirements.Mr.West made a motion to grant preliminary and final plat
approval.Seconded by Mr.Iseminger.So ordered.
Lime Kiln Estates:
Mrs.Pietro presented the preliminary subdivision plat for Lime Kiln
Estates,lots 3 through 26.The site is located along the west side of
Nicodemous Mill Road.A preliminary consultation was held for this
developnent in 1988.Due to the number and length of panhandles,the
Corrrnission recommended that the plan be redesigned.The owner is proposing
to create 24 residential lots on 78 acres.Proposed lots will range in size
from 1.5 to 10 acres.A total of 61 acres will remain.The lots will be
served by individual wells and septic systems.Two new County maintained
streets will be constructed for access to all lots.No access will be
permitted onto Nicodemous Mill Road.The owner is proposing to use 4
panhandles which are in compliance with the length requirements.There are
some wetlands on the property,however,no construction will occur in this
area.The County Engineer has given his conditional approval stating that
during final design,some lots may require grading plans.The County
Engineer also stated that corrrnents from the Boonsboro Fire Company must be
received t.-o assure that the fire company can adequately serve this
developnent.This concern is due in part to bridges located on King Road
and Nicodemous Mill Road.
The Corrrnission asked how many lots the developer will be creating since
there are approximately 61 acres remaining.Mr.Russ Townsley,consultant
with Fox and Associates,stated that it is hard to say how many lots will be
developed to due rock located on the rear of the property.He added that
the remaining lands will not be developed until Nicodemous Mill Road and the
bridges are upgraded.
208
Mr.Iseminger made a motion to grant preliminary approval conditional on
County Engineer's approval.Seconded by Mr.Moser.Mrs.Johnson abstained.
So ordered.
Squires Landing:
Mrs.Pietro presented the preliminary and final subdivision plat for Squires
Landing,lots 2 through 4.The site is located along the west side of
Harpers Ferry Road.The owner is proposing to create three residential lots
on 6.5 acres.The proposed lots will range in size from 1 to 2.7 acres.A
total of 180 acres will remain.The lots will be served by private wells
and septic systems.Access to the lots will be via Harpers Ferry Road.All
agency approvals have been received.
Mr.Fred Frederick,consultant,informed the Commission that his client is
trying to obtain public water to serve the lots in the future.He added
that a portion of the 180 acres will be going into an Agricultural Land
Preservation District.Mrs.Pietro stated that the property is classified
as W-7 and the Water and Sewerage Plan must be amended in order for the lots
to be served by public facilities.She added that the transmission line was
initially constructed to serve the sewerage treatment plant.
Mr.Iseminger made a motion to grant preliminary and final plat approval.
Seconded by Mr.West.Mrs.Johnson abstained.So ordered.
Site Plans:
Church of God (Universal,Inc.):
Mr.Lung presented the site plan for Church of God (Universal Inc.).The
site is located in the northeast corner of Broadfording and Point Salem
Roads.The site consists of 8.6 acres with a proposed use being a church
and print shop for the church.Zoning is Highway Interchange.The site
will be served by a private well and septic system.A new access is
proposed to serve the church off Point Salem Road;with another access to
serve the print shop off Broadfording Road.Adequate parking has been
provided for both the church and print shop.Landscaping is adequate and
lighting is proposed for the parking areas.Due to the site being zoned
Highway Interchange,a 50 foot buffer is required where there is a street
between the site and residence and a 75 foot buffer is required when
directly adjacent to a residential property.These buffers have been
provided.The Director of Permits and Inspections has concerns due to the
property being recorded as 12 separate lots called Woodpoint that the
proposed uses (church and print shop)are crossing existing lot lines on
lots of records.The Director is requesting that a deed be prepared
describing the property as one parcel.He is also stating that no building
permits will be issued until the deed is recorded to eliminate the old lots
of record.
Mr.Roulette stated that due to the attractiveness of churches,the
screening should not totally block the church from view.Mr.Fred
Frederick,consultant,stated that low-type vegetation could be used or the
screening could be reduced.He added that he will work with the Planning
staff.
Mr.Roulette made a motion to grant site plan approval conditional on a deed
being prepared to combine the existing lots of record to indicate this
property as one parcel.Seconded by Mr.Moser.So ordered.
Home Federal Savings Bank:
Mrs.Pietro presented the site plan for Home Federal Savings Bank.The site
is located at the intersection of Virginia Avenue and Halfway Boulevard.
Zoning is Business Local.The site consists of .73 acres with a proposed
use of an existing branch bank expansion.The proposed additions include
expanding the office area,four drive-through lanes,changing the existing
access to the site to entrance only,and creating an exit only onto Halfway
Boulevard.Directional signs have been shown on the plan indicating
entrance only off Virginia Avenue,exit only onto Halfway Boulevard and
arrows indicating traffic flow through the site.The existing landscaping
will be unchanged.All agency approvals have been received.Mr.Iseminger
made a motion to grant site plan approval.Seconded by Mr.Moser.So
ordered.
209
Amtrac Construction Yard:
Mrs.Pietro presented the site plan for the Amtrac construction yard.The
site is located along the west side of Earley Drive in the Earley Industrial
Park off the Sharpsburg Pike.Zoning is Industrial General.The proposed
use of the site is to store construction equipment and railroad materials.
No building construction is proposed at this time.Access to the site is
off Earley Drive.Landscape was added to the site plan to screen the site
from an existing stone dwelling and the Sharpsburg Pike.A note has been
added to the plan indicating that the site will not be used as a collection
area for refuse.All agency approvals have been received.Mr.Roulette
made a rrotion to grant site plan approval.Seconded by Mr.Moser.So
ordered.
Agricultural Land Preservation District Applications:
Adrian Faith:
The three Adrian Faith Agricultural Land Preservation District applications
(AD-90-42,AD-90-43,and AD-90-44)qualify for the Program with at least 81%
Class I,II,and III soils.Total acreage of these three Districts is
279.29.
Tom &James Manuel:
The Tom and James Manuel Agricultural Land Preservation District application
(AD-90-45)consists of 63.63 acres and is contiguous to a 600+acre District
"and has 93%Class I,II and III soils.
Nancy Manuel:
The Nancy Manuel Agricultural Land Preservation District application
(AD-90-46)consists of 41.20 acres and is contiguous to 600~acres District
and has 65%Class I,II and III soils.
Karen Turner and Gladys Bowman:
The Turner/Bowman Agricultural Land Preservation District application
(AD-90-47)consists of 113.68 acres and has 85%Class I,II and III soils.
Mr.Moser made a rrotion to recommend to the County Commissioners that the
above-referenced Agricultural Land Preservation District applications be
included in the Program since they are all consistent with the Comprehensive
Plan.Seconded by Mrs.Johnson.Mr.Roulette abstained.So ordered.
Preliminary consultation:
Dynacorp,Inc.:
The written summary of the preliminary consultation for Dynacorp,Inc.was
presented to the Commission with nothing being added by the staff.No
action was taken by the Commission.
OTHER BUSINESS:
Boonsboro West Annexation:
Mr.Lung informed the Commission that the Planning staff's report on the
proposed Boonsboro West annexation is included in the agenda packet and
briefly summarized the comments and recommendations.Mr.William Wantz,
attorney for Boonsboro West,briefly explained why the Town Residential,
General Commercial and Suburban Residential zoning districts are being
requested.Mr.Wantz added that the county Commissioners and the Town of
Boonsboro adopted a Town Growth Area Boundary around the Town of Boonsboro.
The proposed annexation falls within the boundaries of the Growth Area.A
public meeting to discuss the annexation will be held in Boonsboro on
October 15.He recommended that a Planning Commission member or staff
member attend the meeting to provide information on the Growth Area.Mr.
Roulette asked Mr.Lung to attend the meeting.The COlll1lission had no
additions or revisions to the staff's report.The staff I s report will be
submitted to the Board of County Corrmissioners for their information and use
in their deliberation for the change in zoning.The COIlI1lission requested
that the staff report be forwarded to the Boonsboro Mayor and Council and
Planning Corrmission for informational purposes.Mr.Iseminger abstained
from any discussion on this subject.
Administrative Water and Sewerage Plan Amendment
Washington County Sanitary District:
Mr.Lung informed the COIlIllission that the Washington County Sanitary
District has requested an Administrative Water and Sewerage Plan amendment
for properties located on both sides of West Oak Ridge Drive and also
properties on Leonard Avenue across from the Moose Lodge.He stated that a
proposed interceptor line and pumping station in this area are currently
shown on the Plan map,however,a sewer service priority designation was not
assigned to the property to be served by the pumping station during the 1990
update to the Washington County Water and Sewerage Plan.Mr.West made a
motion to approve the administrative amendment to assign an S-3 priority
designation to properties located on West Oak Ridge Drive and Leonard
Avenue.Seconded by Mr.Iseminger.So ordered.
Comprehensive Plan status Re]:X?rt:
Mr.Brittain informed the Corrmission that on october 9,1990,Steve Goodrich
will be presenting a status report regarding the goals and accomplishments
of the Comprehensive Plan since its adoption in 1981.A copy of the
narrative will be forwarded to the Planning Corrmission once completed.No
action was taken by the COIlIllission.
ADJOURNMENT :
There being no further business,the meeting adjourned at 9:00 P.M.
210
<C
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -NOVEMBER 7,1990
The Washington County Planning Commission held its regular meeting on
Wednesday,November 7,1990 in the Public Meeting Room of the County
Administration Building.
Members present were:Chairman,Donald E.Zombro;Vice-Chairman,Bertrand
L.Iseminger;EX-Officio,Richard E.Roulette;Bernie Moser,and Carol
Johnson.staff:Director,James P.Brittain;Associate Planners,Timothy
A.Lung and Lisa Kelly Pietro,Assistant Planner,John E.Gudmundson and
Secretary,Janet L.Walkley.Donald Spickler and Steven West were absent.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:05 P.M.
MINUTES:
Mrs.Johnson made a motion to adopt the minutes as presented for the Regular
Meeting of October 1,1990.Seconded by Mr.Moser.So ordered.
UNFINISHED BUSINESS:
Independent Cement COrp:?ration:
Mr.Brittain informed the Commission that the staff still needs comments
from the Department of Natural Resources regarding their requirements on the
proposed ICC expansion.No action was taken by the Commission.
NEW BUSINESS:
Variances:
Jim Fazenbaker:
Mr.Gudmundson presented the variance request for Jim Fazenbaker.The site
is located south of Ridenour Road just east of 1-70.The applicant is
proposing to create a 13 acre lot to be served by a 670 foot long,40 foot
wide panhandle.The variance is being requested from Section 405.11 (g)5 of
the Subdivision Ordinance which states that a panhandle shall not exceed 400
feet in length.Mr.Fred Frederick,consultant,stated t.hat the panhandle
width was designed at 40 feet so no additional subdivision could occur.Mr.
Roulette made a motion to grant the variance request due to the odd
topography of the property with the condition that no further subdivision be
permitted.Seconded by Mr.Iseminger.So ordered.
Rogers-Grogan:
Mr.Gudmundson presented the variance request for Hazel Rogers and George
Grogan.The property is located between Gay Street and the end of Graystone
Drive in Halfway.The applicants are proposing to create a lot from the
rear portions of two existing lots which front on Gay Street with a proposed
access across a private alley to the end of Graystone Drive.The County
Engineer has stated that he has no objection to this request,however,the
County will not be responsible for maintenance of the alley.Mr.Gudmundson
reminded the Commission that in 1989 they granted a variance for
Lynch/Hessong to create two lots with access across this alley with the
condition that the alley be paved only to the access point of the new lot.
Mr.Moser made a motion to grant the variance with the condition that the
alley be paved to the point of access to the new lot.Seconded by Mr.
Roulette.So ordered.
211
Pierce Alexander:
Mr.Gudmundson presented ·the variance request for Pierce Alexander.The
site is located off the south side of Wagaman Road near St.James Village.
Mr.Alexander is proposing to create a 3 acre lot under the Simplified Plat
process and convey it to his son.The proposed lot will be used as a garden
and orchard with access via a right-of-way across lands owned by Mr.
Alexander.This property is not being conveyed under the family member
statement since there is no existing lane to the property.Mr.Roulette
made a motion to grant the variance for agricultural purposes only with the
condition that the right-of-way be included on the plat.Seconded by Mr.
Iseminger.So ordered.
Robert W.Foltz:
Mr.Lung presented the variance request for Robert Foltz.The site is
located along Center Lane in Cavetown.The applicant is proposing to create
a 1.9 acre lot with access via a 672 foot long,25 foot panhandle.The
variance is being requested from Section 405.11.G.5 of the Subdivision
Ordinance which states that a panhandle shall not exceed 400 feet in
length.The applicant is proposing to sell the lot to the front and
construct a dwelling on the rear.Public water is available to the site.
Due to the floodplain to the rear of the property,additional subdivision
will be restricted.Mr.Iseminger made a motion to grant the variance with
the condition that no further subdivision occur on the remaining lands and
the existing lane be a shared access.Seconded by Mrs.Johnson.So
ordered.
Hillside Villas:
Mr.Lung presented the variance request for Hillside Villas.The site is
located along the south side of Mallard Drive which is located in the
Youngstoun development.The applicant is requesting a variance from Section
508.1 of the Subdivision Ordinance which requires that all sidewalks be
located within the County's right-of-way.Due to the open section street
design of this subdivision,sidewalks cannot be located within the right-of-
way.Sidewalks are proposed to be located in a pedestrian easement along
the front of the lots outside of the County right-of-way.A homeowners
association will be responsible for the maintenance,snow removal,etc.The
County Engineer has no objection to the request.Mr.Iseminger made a
motion to grant the variance request.Seconded by Mr.Moser.So ordered.
Subdivisions:
Squires Landing:
Mrs.Pietro presented the preliminary and final subdivision plat for Squires
Landing,lots 5,6 and 7.The site is located along the west side of
Harpers Ferry Road.Zoning is Agricultural.The owner is proposing to
create 3 residential lots with sizes ranging 1 to 1.5 acres.Total area of
the site is 3.7 acres.A total of 175 acres will remain.The lots will be
served by private wells and septic systems and will have access onto Harpers
Ferry Road.All agency approvals have been received.Mr.Moser made a
motion to grant preliminary and final plat approval.Seconded by Mr.
Iseminger.So ordered.
Rowland Subdivision:
Mrs.Pietro presented the preliminary and final subdivision plat for Rowland
Subdivision,lots 1 through 5.The site is located along the east side of
Neck Road.The owner is proposing to create 4 residential lots on 13
acres.A panhandle in the length of 425 feet is proposed to serve the
remaining lands.Mr.Russ Townsley,consultant,stated that the owner is
proposing to subdivide the remaining lands into two lots thus the reason for
reserving a 50 foot wide right-of-way.Mr.Iseminger made a motion to grant
the variance request on panhandle length.Seconded by Mrs.Johnson.So
ordered.
212
Mrs.Pietro reiterated that the site is located along the east side of Neck
Road.The four proposed lots will be 3 acres in size on approx:iJoately 13
acres.A total of 22 acres will remain.The lots will be served by
individual wells and septic systems.Access to the lots will be via Neck
Road.All agency approvals have been received.Mr.Iseminger made a motion
to grant preliminary and final plat approval with the condition that the
remaining land be restricted to the subdivision of no more than two lots.
Seconded by Mrs.Johnson.So ordered.
Pleasant View Heights:
Mr.Lung presented the preliminary subdivision plat for Pleasant View
Heights,Section D.The site is located along the east side of Maryland
Route 632.The owner is proposing to create 13 residential lots on 14
acres.Proposed lot sizes will range between 40,000 square feet and 43,700
square feet and will be served by private wells and septic systems.A total
of 67.92 acres will remain.No new access onto Route 632 is proposed for
these 13 lots.Access will be via an extension of Pleasant View Drive.The
County Engineer and Planning staff have expressed concern over the
termination of Branden Terrace with a T turn-around.The developer has
agreed to construct a temporary cul-de-sac with a note on the plat stating
that the road may be extended to serve the remaining lands in the future.
All written agency approvals have been received except the County
Engineers.Mr.Roulette made a motion to grant preliminary approval with
the condition that written approval be received from the County Engineer.
Seconded by Mr.Moser.So ordered.
Robert Burger:
Mr.Gudmundson presented the prel iminary and final subdivision plat for
Robert Burger,lots 1 through 3.The site is located along the north side
of U.S.Route 40 just east of Clear Spring.The owner is proposing to
create 3 residential lots with sizes being 1 to 1.25 acres.The lots will
be served by individual wells and septic systems.Lot #1 has an existing
mobile home with a dual access for lot 1 and an adjacent property.Lots 2
and 3 have a dual shared access proposed.All agency approval have been
received.Mr.Iseminger made a motion to grant preliminary and final plat
approval.Seconded by Mrs.Johnson.So ordered.
Thomas and Nanette King:
Mr.Gudmundson presented the preliminary and final subdivision plat for
Thomas and Nanette King,lots 3,4 and 5.The site is located at the
intersection of Indian Springs Road and Keefer Road.The owner is proposing
the resubdivision of lot 2 into three new residential lots.Total area of
the site is 10.5 acres with 4.5 acres remaining on lot #2.Proposed lot
sizes of the three lots will range from 3 to 3.5 acres.The lots will be
served by individual wells and septic systems.Access to the proposed lots
will be via Indian Springs Road.All agency approvals have been received.
Mr.Roulette made a motion to grant preliminary and final plat approval.
Seconded by Mr.Moser.So ordered.
Gladys Schamel:
Mr.Gudmundson presented the preliminary and final subdivision plat for
Gladys Schamel,Lots 11,12 and 13.The site is located along the west side
of Jordan Road.The owner is proposing to create three residential lots
with sizes ranging from 1 to 2.25 acres.Total area of the site is 5.5
acres and 94 acres will remain.The lots will be served by individual wells
and septic systems.Jordan Road is only 15.5 feet in width and during the
September 1990 Planning Commission meeting,the Commission waived the 16
foot road width requirement on the condition that a 10-year family member
restriction be placed on the lots.That note has been added to the plan.A
50 foot wide strip provides access to the remaining lands from Jordan Road.
All agency approvals have been received.Mr.Moser made a motion to grant
preliminary and final plat approval.Seconded by Mr.Roulette.So ordered.
213
Agricultural Land Preservation District Applications:
Bruce Barr:
The first Bruce Barr farm lies along Durberry Road approximately -two miles
southeast of Leitersburg.The farm consists of 70.72 acres and has a total
of 55%qualifying soils.This farm qualifies for the Program since it is
contiguous to a 650 acre District.The second Barr farm lies off of the
Srnithsburg/Leitersburg Road approximately one mile southeast of
Leitersburg.This farm consists of 115.62 acres and has 52%qualifying
soils.
Roth Meadowbrook Farms:
The Roth Meadowbrook Farm lies along the west side of Kemps Mill Road.just
3 miles northwest of Williamsport.This farm consists of 122.93 acres and
has 62%qualifying soils.
David Ritondo:
The Ritondo farm is located west of chestnut Grove Road just 2 miles
southwest of Rohrersville.This farm consists of 135 acres and has a total
of 61%qualifying soils.
Elmer stone:
The first Elmer stone farm lies along the west side of King Road just 1/4 of
a mile south of Boonsboro.This farm consists of 110.16 acres and has a
total of 96%qualifying soils.The second Elmer stone farm lies along the
east side of King Road.1/2 mile south of Boonsboro.The farm consists of
98.84 acres and has 100%qualifying soils.This farm qualifies for the
Program since it is contiguous to an 100 acre farm.
Mrs.Johnson made a motion to recommend to the County Commissioners the the
six previously mentioned Agricultural Land Preservation District
applications be included in the Maryland Agricultural Land Preservation
Program since they are consistent with the Comprehensive Plan for Washington
County.Seconded by Mr.Iseminger.Mr.Roulette abstained.So ordered.
Preliminaly Consultations:
Cross Creek:
Mr.Lung informed the Commission that the written summary of the preliminary
consultation was included in the agenda packet.He explained the
development proposal and clustering concept to the Commission.Mr.Lung
informed the Commission that a minimum 75 foot buffer between the
Business/Office Park and the residential portion of the development is
required.The staff is recommending that this buffer be installed during
which ever phase occurs first.The developer is proposing to use gravel
-trails as the pedestrian system throughout the development.The Commission
expressed concern over the gravel trail stating that maintenance may be a
problem.It was the Commission's opinion that the trails should be paved.
Mr.Hilton Smith.developer.stated that he has no problem with the staff's
recommendation on the installation of the 75 foot buffer.He also stated
that the trails will be paved.After a discussion.Mr.Iseminger made a
motion to approve the cluster concept for Cross Creek with the lot sizes and
building setbacks as shown on the plan.and with the condition that the
trails be paved and the 75 foot buffer be planted during the first phase of
development.Seconded by Mrs.Johnson.So ordered.
214
<YI'HER BUSINESS:
Donald Ebersole:
Mr.Gudmundson informed the Planning Commission that Mr.Donald Ebersole is
requesting approval of a septic area being located on lands owned by Mr.
Ebersole's father.Wayne Ebersole is proposing to convey approximately 1
acre for the construction of a single-family dwelling to his son.Due to
the topography of the site,the septic area would not be located within that
1 acre parcel.The Ebersole's hardship is that an additional 2.3 acres
would have to be utilized for the septic area to be located on the
subdivided lot.Part of this 2.3 acres is currently being used for grazing
of livestock.Mr.Roulette made a motion to approve the request conditioned
on the legal establishment of a septic easement in perpetuity.Seconded by
Mr.Mcser.So ordered.
Demolition Pennit -Burkholder Farmhouse:
Mr.Brittain informed the Commission that a demolition pennit has been
requested by the Board of County Commissioners to demolish a farmhouse
located on the east side of U.S.Route 11.The land was purchased for
future facilities expansion.The structure is listed on the Washington
County Historic Sites Survey.Due to structural and mechanical system
problems,the staff is of the opinion that the structure should be
demolished.Mr.Iseminger made a motion to approve of the issuance of the
demolition permit pending review by the Historic District Commission.
Seconded by Mrs.Johnson.Mr.Roulette abstained.So ordered.
Request for Special Meeting -Administrative Amendment
Water and Sewerage Plan -Continental Investment Corporation:
Mr.Brittain informed the Commission that Mr.William Young with Meyers,
Young and Grove has requested,via a letter to Chairman Zombro dated
october 2,1990,a special meeting with the Planning Commission so he can
present his client's case for an administrative amendment to the Washington
County Water and Sewerage Plan.After a brief discussion and due to the
magnitude of the proposed development,Mr.Moser made a motion to deny the
request for a special meeting.It was Mr.Moser's opinion that the request
should be presented during one of the Planning commission's regular meetings
with an allotted time frame for the developer to present its case.Seconded
by Mrs.Johnson.Mr.Iseminger abstained.The Commission stated that they
would convene their regular monthly meeting one hour earlier to allow for
presentation of Contential's petition.So ordered.
Potomac Edison Official Development Plan:
Mr.Brittain reminded the Commission that Potomac Edison requested a
rezoning of 196 acres surrounding its office building on the Downsville Pike
from Agricultural to Planned Industrial.The Board of County Commissioners
approved the rezoning on April 18,1989.During the rezoning request,
Potomac Edison submitted a concept plan indicating plans for Friendship
Technology Park.After rezoning approval,the Washington County Zoning
Ordinance requires that the owner/developer submit an Official Development
Plan which is to be signed by the Chairman of the Planning Commission.It's
the staff's opinion that the development plan contains all the required
information as stated in the Zoning Ordinance.However,the staff requested
that prior to the submittal of the mylar for signature that new street
entrances be shown to conform to existing County standards.The recommended
traffic study has been performed and was reviewed by the Maryland State
Highway Administration and County Engineer.Mr.Roulette made a motion to
adopt the concept plan for the Friendship Technology Park with the revision
requested by the staff as the Official Development Plan.Seconded by Mrs.
Johnson.Mr.Moser and Mr.Iseminger abstained.So ordered.
215
Distribution of the Draft of the Solid Waste Management Plan:
Mr.Brittain informed the Commission that enclosed with their agenda packet
was the Draft of the 1990 Solid Waste Management Plan.He reminded the
Commission that the public hearing to review the Draft Plan will be held on
Tuesday,November 20,1990 at 10:00 A.M.in the County Commissioners'
Meeting Room.Mrs.Pietro gave a brief overview of the Draft Plan.No
action was taken by the Commission.
RZ-447 -Greg Delauter:
Mrs.Pietro informed the Commission t,hat the staff's report following the
public hearing for RZ-447 is enclosed in the Commission's agenda and the
staff has nothing to add to that report.After a brief discussion,Mr.
Iseminger made a motion to deny rezoning case RZ-447 for Greg Delauter since
there was not a mistake in the original zoning or that the applicant did not
demonstrate a significant change in the character of the neighborhood.
Seconded by Mrs.Johnson.So ordered.
ADJOURNMENT :
There being no further business,the meeting adjourned at 9:15 P.M.
216
WASHINGTON COUNTY PLANNING CCJII1MISSION
REGULAR MEETING -DECEMBER 6,1990
The Washington County Planning Commission held its regular meeting on
Thursday,December 6,1990 in the Public Meeting Room of the County
Administration Building.
Members present were:Chairman,Donald E.Zombro;Ex-Officio,Richard E.
Roulette;Carol Johnson,Bernard Moser,Donald Spickler and Steven West.
Staff:Director,James P.Brittain;Senior Planner,Stephen T.Goodrich;
Associate Planners,Timothy A.Lung and Lisa Kelly Pietro and Secretary,
Janet L.Walkley.
CALL TO ORDER:
The meeting was called to order by the Chairman at 6:00 P.M.
CONTINENTAL INVESTMENT CORPORATION
ADMINISTRATIVE AMENDMENT -WATER AND SEWERAGE PLAN
William P.Young,attorney for Continental Investment Corporation,Adrian
Carpenter and Robert Wiseman -developers -Continental Investment
Corporation presented a petition for an administrative amendment to the
Washington County Water and Sewerage Plan -st.James service area.
The subject site is located along the west side of Maryland Route 65
.(Sharpsburg Pike)south of 1-70.The developer is proposing to create 1095
single-family lots on 676 acres.The developer is proposing to use the
cluster concept which permits smaller lot sizes with a greater amount of
open space resulting in the same maximum density.The site is proposed to
be served by public water and sewer.An amendment to the Washington County
Water and Sewerage Plan is required to change the water and sewer priority
designations on the site.Continental Investment Corporation is requesting
an administrative amendment to change the current service priority
classifications of W-7,s-7 to W-1,S-3 but not less than S-5.If an on-
site treatment plant is proposed,an amendment would also be necessary at
some future date.
Attached is a copy of William P.Young's oral presentation regarding the
proposed amendment to the Washington County Water and Sewerage Plan.
After Mr.Young's testimony,Mr.Roulette asked if he is requesting an
amendment for the Wolfe/Beckley parcel alone or the for entire service
area.Mr.Young stated that the maps for the entire service area need to be
corrected.
Mr.Spickler asked why the written petition stated that the request was for
W-5 and this evening's verbal presentation requested W-1 but not less
than W-5.Mr.Young stated that it is his opinion that W-1 is clearly
required because water service is being provided to the entire service
area.W-5 would at least permit public service in the future.He added
that there is a justification for a classification of S-3 but not less than
S-5.
Mr.Wiseman acknowledged the concern for the effect an administrative
amendment of this nature would have on other properties in similar
situations and the Growth Area Boundaries.He quoted some excerpts from the
Comprehensive Plan to support the request for the amendment to the Water and
Sewerage Plan.
Mr.Carpenter added that it is his opinion that the Water and Sewerage Plan
maps should be corrected to follow what is stated in the text of the Plan.
He submitted an overlay map indicating the Urban Growth Area Boundary and
201 Facilities Plan area on the Water and Sewerage Plan base maps.It is
Mr.Wiseman's opinion that the error on the Plan maps occurred approximately
fifteen years ago and has been replicated with each subsequent amendment of
the Water and Sewerage Plan.
217
A concerned citizen of the area asked the Commission what will happen if
this administrative amendment is approved by the Planning Commission.Mr.
Zoffibro stated that this request will not be approved at this time.The
citizen asked if the residents of the area could be notified of subsequent
hearings on the subject.Mr.Roulette informed the audience that the County
Attorney,as requested by the Planning Commission,will make a legal
interpretation if there has been a mistake on the Water and Sewerage Plan
maps.The County Attorney will also determine when the Planning commission
can administer a change to the Plan.The Planning Commission must then take
formal action during a regular public meeting on the request for an
administrative amendment.
The resident questioned whether or not the Commission has determined if this
was an administrative error or not.Mr.Brittain stated that since the
State participated in the development of the 201 Facilities Plan,the staff
has made an inquiry at the State level in regard to the 201 Plan and its
interrelationship to the County's Water and Sewerage Plan.Documentation
from the State should be forthcoming.This document will be incorporated
with staff comments as well as Mr.Young's written and oral petition to be
forwarded to the County Attorney for his review.Mr.Brittain added that he
would like to include a copy of a letter from Carolyn Shaw,a resident of
the st.James Village subdivision,into the record.
At 7:00 P.M.Vice-chairman Bertrand L.Iseminger joined the Commission's
meeting.
MINUTES:
Mr.Iseminger made a motion ·to adopt the minutes of the November 7,1990
Regular Meeting as presented.Seconded by Mr.Moser.So ordered.
UNFINISHED BUSINESS:
Independent Cement Corporation:
Mr.Brittain informed the Commission that the staff still needs comments
from the Department of Natural Resources regarding their requirements on the
proposed ICC expansion.NO action was taken by the Commission.
NEW BUSINESS:
Variances:
Frank Elia:
Mr.Goodrich presented the variance request for Frank Elia.The subject
site is located along a private lane off the south side of Main Street in
Leitersburg.Mr.Elia is proposing to create a 1.5 acre parcel through the
simplified process for conservation purposes.The variance is being
requested from Section 318.1 of the Subdivision Ordinance which states that
simplified parcels of this nature must be 3 acres or more for bona fide
conservation purposes.The purpose of this request is to prevent future
development of this land and also to be used as a buffer for the St.Paul's
Lutheran Cemetery.The proposed 1.5 acre parcel does not have any public
road frontage.The lot is being conveyed to an immediate family member so
the staff did not raise concerns on the use of a private right-of-way for
access.The right-of-way is existing.The 10-year family member statement
has been added to the plat.Mr.Roulette made a motion to grant the
variance.Seconded by Mrs.Johnson.So ordered.
John Bast:
Mr.Goodrich presented the variance request for John Bast.The subject site
is located along the west side of U.S.Route 40A just north of Boonsboro
between the Bast Funeral Home and Citizens National Bank of Keedysville.
The applicant is proposing to create a 2.5 acre parcel and new access point
onto Route 40A.The proposed access point is 100 feet to the north and 180
feet to the south of existing points of access along Route 40A.The
variance is being requested from Section 405.2A of the Subdivision Ordinance
218
which states that all points of access along a Minor Arterial roadway must
have a minimum of 500 feet of spacing between new and existing points of
acceSS.The Planning staff originally recommended denial of this variance
request because it would be better to share the existing access point to the
funeral home with the new lot.The State Highway Administration has stated
that due to poor sight distance they do not recommend a use in common
entrance.The State has stated that if a variance is approved,the new
acceSS should be located to the northern most corner of the property closest
to the bank's driveway.Due to the comments made by the State Highway
Administration,the Planning staff is concurring with the State's position.
The proposed new aCCeSS point is proposed to be approximately 40 feet south
of the bank's existing entrance.Mr.West made a motion to grant the
variance and locate the access point to the northern side of the property 40
feet from the bank's existing entrance.Seconded by Mr.Moser.So ordered.
Bob Twigg:
Mr.Lung presented the variance request for Robert L.Twigg.The site is
located along the east side of Maryland Route 57 (St.Pauls Road)
approximately 1 mile north of Route 40.Mr.Twigg (contract purchaser)is
proposing to create a new lot with access onto a private farm lane.The
variance is being requested from Section 405.11.B of the Subdivision
Ordinance which states all new lots shall have access to a public road.The
proposed lot is to be created by subdividing existing lot 8 owned by Arthur
Litton.Variances were granted by the Planning Commission on August 1,1988
to create lot 8 with access onto the private farm lane as well as allowing
lots 6 and 7 to have a shared acceSs less than 300 feet from existing
~ccesses along Route 57.Three approved building lots along with two
existing houses on the Litton farm currently use the farm lane for access.
The proposed lot has frontage onto Route 57,however,the 300 foot minimum
separation standard cannot be met.Mr.Litton has stated he has no
objection to Mr.Twigg using the farm lane as long as the the lot owner
assists in maintaining it.The State Highway Administration commented that
they generally allow a maximum of three dwellings on a single residential
entrance permit.More than three dwellings usually requires a commercial
entrance permit.Improvements may be required at the farm lane's access
point onto Maryland Route 57.The State would prefer that the farm lane be
made public.Mr.West made a motion to grant the variances request with the
condition that this be the last lot having access onto the farm lane and
that any future subdivision proposing aCCess to the farm lane would require
that the farm lane be improved to current County standards.seconded by Mr.
Roulette.Mrs.Johnson voted no.So ordered.
Mr.Roulette suggested that the property owners contact the State Highway
Administration concerning their requirements for a commercial entrance.
Peggy Gower:
Mrs.Pietro presented the variance request for Peggy Gower.The subject
site is located in the northeast corner of the intersection of Maryland
Route 65 (Sharpsburg Pike)and Manor Church Road.Ms.Gower previously
subdivided 4 lots along Manor Church Road.During the creation of these
four lots,a 50 foot wide strip was reserved to serve the remaining lands.
The applicant is now proposing to create two residential lots;one being
served by a 420 foot long panhandle.This panhandle access length is a
result of the enlargement of lot #4 due to perculation area results.The
variance is being requested from Section 405.11.G of the Subdivision
Ordinance which states that all panhandles shall not exceed 400 feet ln
length.The County Engineer has stated no objection to the variance
request.However,he has stated that Manor Church Road is narrow and road
improvements may be required prior to subdivision approval.Mr.Spickler
made a motion to grant the variance request.Seconded by Mr.Iseminger.So
ordered.
219
Will iarn Gray:
Mrs.Pietro presented the variance request for William Gray.The subject
site is located along the west side of Hillview Drive just south of Woburn
Road.Mr.Gray is proposing to create a 1 acre lot wi·thout the required 25
feet of public road frontage as required in Section 405.11.B of the
Subdivision Ordinance.The proposed lot will be served by Hillview Drive
which is a private road.The County Engineer has no jurisdiction over
private roads,however,Woburn Road varies in width and may have problems
meeting County requirements for road width.The original lot was created
for Woburn Estates in 1970.Hillview Drive serves seven or eight homes
which are 3 acres in size.Additional subdivision could occur on these
seven or eight lots since zoning is Agriculture and 1 acre is the minimum
lot size for development in an Agricultural district.
Mr.Spickler stated he has concerns with 1 acre lots being served by private
roadways.Mr.Russ Townsely informed the Commission that Hillview Drive is
gravel surface and wide enough for two cars to pass.He added that the
applicant would be willing to add 6 acres of remaining lands to his adjacent
farm and would not be used for development purposes.Therefore,only one
building lot will access onto the private lane.
Mr.Roulette made a motion to grant the variance based on a hardship of the
access point,that the proposed lot not be less than 1.5 acres and that the
remaining lands be added to the farm via the simplified plat process.
Seconded by Mr.West.So ordered.
Subdivisions:
Clear Spring Farms:
Mrs.Pietro presented the preliminary and final subdivision plat for Clear
Spring Farms,lots 4 through 7.The site is located along the east side of
Mercersburg Road.Zoning is Agriculture.The owner is proposing to create
4 residential lots with minimum lot sizes being .92 acres.The lots will be
served by private wells and septic systems.Access to the lots will be via
Mercersburg Road.Lots 6 and 7 will utilize a common entrance.All agency
approvals have been received.Mr.Moser made a motion to grant preliminary
and final plat approval.Seconded by Mr.Iseminger.So ordered.
Merritt Family Partnership:
Mrs.Pietro presented the preliminary and final subdivision plat for Merritt
Family Partnership,lot 1.The subject site is located along the south side
of Maryland Route 144.Lot 1 was previously approved as a site plan for
Hunt Ridge Business Park.The owner is proposing to create a 4 acre lot
around an existing building which will be used as rental warehouse and
office space.A total of 66 acres will remain with no current plans
for development.Access to the lot will be via Insurance Way.All agency
approvals have been received.Mr.Spickler made a motion to grant
preliminary and final plat approval.Seconded by Mr.Isemi.nger.So
ordered.
Mr.Brittain informed the Commission that the above-referenced subdivision
plats were submitted prior to December 1,1990 and are exempt from the
Adequate Public Facilities Ordinance.
220
Site Plans:
John Merrbaugh:
Mr.Goodrich presented the site plan for John Merrbaugh.The site is
located west of Hagerstown at the end of Jamison Circle which is off the
east side of Hump Road.Mr.Merrbaugh acquired the property from the Board
of County Commissioners.Mr.Merrbaugh is proposing to create a 3.1 acre
parcel.Zoning is Industrial General.Mr.Merrbaugh is proposing to
construct a 4500 square foot building for personal use.No employees are
proposed.Parking spaces are not required when there are no employees,
however,Mr.Merrbaugh is proposing 5 parking spaces.Additional screening
has been requested by the staff and added to the plan.The site will be
served by public water and sewer.The Permits Office has requested that a
paved area between the handicapped parking space and the building be
provided.Mr.Spickler made a motion to grant site plan approval.Seconded
by Mr.Roulette.So ordered.
Foxshire Plaza -Revision:
Mrs.Pietro informed the Commission that Stephen Sagi,developer of Foxshire
Plaza,has again requested a revision to the approved site plan.Mr.Sagi
previously requested the relocation of parking spaces and the construction
of a drive-thru at the southern end of the building but after consideration
by the Planning Commission,withdrew that request.Mr.Sagi is now
requesting to remove seven parking spaces and relocate them along a fence
adjacent to residential properties.The handicap space will remain as shown
"on the approved site plan.With the relocation of the parking spaces,Mr.
Sagi is proposing to construct two large service bays for a car lubrication
service center.An approved drive-thru is located on the north side of the
building.Employee parking and loading areas are located in the rear of the
building.Due to the flow of traffic around the building,the proposed
drive-thru would create additional traffic congestion.
Mr.Sagi stated that the relocation of the seven parking spaces will serve
as parking spaces for employees lubrication service center.Traffic around
the rear of the building is not great.He added that loading and unloading
occurs at the front of the building.Mr.West asked if the seven parking
spaces could be located on another portion of the site.Mr.Sagi stated
that the only way the spaces could be moved is if the residential portion of
the sj_te was rezoned.
Several property owners in the vicinity expressed concern regarding
pollution,exhaust fumes and noise.They stated that the addition of the
lubrication service center will decrease the value of the shopping center
and their properties.
Mr.Iseminger stated the issues of compatibility with adjacent land uses,
traffic flow,parking and safety were first raised by the Planning
Commission when the initial revision to add a drive-thru was proposed and
later withdrawn.Mr.Iseminger made a motion to deny the revisions to the
site plan based upon the fact that this modification did not enhance the
design,traffic flow,or the safety of the people using the center.
Seconded by Mrs.Johnson.So ordered.
Agricultural Land Preservation District Applications:
Carl W.Stumpf (AD-90-29 and AD-90-30):
Mr.Brittain informed the Commission that the two Stumpf farms have been
withdrawn from the agenda at this time.
Carl W.Hendershot (AD-90-36):
The Hendershot farm is located along the west side of Rockdale Road
approximately 4 miles northeast of Clear Spring.The farm consists of
168.95 acres and has 66.88%Class I,II and III soils and therefore,
qualifies for the Program.
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222
Carl Hull (AD-90-56):
The Hull farm is located along both sides of Orchard Ridge Road
approximately 1 mile northwest of Clear Spring.The farm consists of 107.21
acres and contains 38%Class I,II and III soils.The farm qualifies for
the Program by showing above average timber production and excellent Soil
Conservation Plan.
Ronald E.Hose (AD-90-57):
The Hose farm lies on the south side of Hicksville Road approximately 1 mile
northeast of Clear Spring.The farm consists of 26 acres and is contiguous
to an existing 100 acre District.A total of 93.31%Class I,II and III
soils are present on the farm,thus qualifying for the Program.
Harry L.Cosey (AD-90-61):
The Cosey farm is located along the south side of Wishard Road approximately
1/8 of a mile south of the Pennsylvania line.The farm consists of 103.82
acres and has 59%Class I,II and III soils present on the farm to qualify
for the Program.
Mr.Spickler made a motion to recommend to the County Commissioners that the
above-referenced Agricultural Land Preservation District applications be
adopted and considered for the Program since they are all consistent with
the Comprehensive Plan.Seconded by Mr.Iseminger.Mr.Roulette
abstained.So ordered.
Preliminary Consultations:
Wildflower Meadows:
The written surmnary of the preliminary consultation for Wildflower Meadows
was presented to the Commission with nothing being added by the staff.No
action was taken by the Commission.
squires Landing:
The written surmnary of the preliminary consultation for Squires Landing was
presented to the Commission with nothing being added by the staff.No
action was taken by the Commission.
oakleigh Estates:
The written surmnary of the preliminary consultation for Oakleigh Estates was
presented to the Commission with nothing being added by the staff.No
action was taken by the Commission.
arHER BUSINESS:
Water and Sewerage Plan Amendments:
WS-90-2 -Mt.Roundtop Campground:
Mr.Lung informed the Commission that the staff report and analysis is
included in the agenda packet.He indicated that the staff has found that
providing water and sewer service for the express use of the property as a
campground is compatible with the Comprehensive Plan as long as the
amendment is conditioned it be solely for the purpose of a campground.Mr.
Iseminger made a motion to recommend to the County Commissioners to create a
new multi-use water and sewerage system and associated service areas with
priority designations of W-5,S-5 for the purpose of a campground only.
This request is based on the staff report and findings that the request,as
conditioned,is consistent with the Comprehensive Plan for Washington
County.Seconded by Mr.Moser.Mr.Roulette abstained.So ordered.
WS-90-7 -Washington County Sanitary District -Highfield/cascade Area:
Mr.Lung informed the Commission that the staff report and analysis is
included in the agenda packet.He indicated that the staff has found that
extending the Highfield/cascade water and sewerage system to include the
Residential Rural zoned properties along Ritchie Road is consistent with the
Comprehensive Plan.Providing water and sewer service to the properties
zoned Conservation,which includes some large undeveloped parcels,would not
be consistent with the Comprehensive Plan due to the fact that doing so
would greatly increase the density of development that could occur on these
properties.Mr.Iseminger made a motion to recommend to the County
Commissioners that the properties zoned Residential Rural located
along Ritchie Road be included in the service area and assigned a service
priority classification of W-3,S-3.Based on the staff report,serving
these properties is consistent with the Comprehensive Plan.Providing
service to the Conservation zoned property would not be consistent with the
Comprehensive Plan and should be excluded.Seconded by Mr.West.Mr.
Roulette abstained.So ordered.
WS-90-8 -Mervin L.Lerch Estate:
Mr.Lung informed the Commission that the staff report and analysis is
included in the agenda packet.He stated that the primary purpose of this
request is to allow for the creation of two residential lots out of an
original parcel that is not large enough for two lots under the normal
Conservation zoning standards.The provision of public water automatically
allows for a reduction in lot size in the "c"district from 3 acres to
20,000 square feet.Reduc-tions in minimum lot sizes are generally handled
by the Board of Zoning Appeals under the variance provisions.In this case,
the Town of Brunswick <service providing agency)told the applicant that
they would allow him one water tap.According to the applicant,one of the
proposed lots would use the water tap with the other lot using a well.Both
lots would use on-site septic systems.There is a history of contaminated
wells in the area,however,most of the existing dwellings in the vicinity
of the Brunswick water line are not served by the line and depend on wells
for water.The subject property is not located within an adopted Growth
Area.The increase in densi-ty allowed by providing public water and the
resultant increase in the number of private septic systems,on a property
that without public water would only allow one septic system makes this
proposal inconsistent with the Comprehensive Plan.The subject property is
approximately .3 acres below the minimum to allow for 2,3 acre lots.A
conditional amendment to allow only two lots and two dwellings on the
subject property would not significantly increase the density of development
that would normally be expected to occur without public water.Mr.Spickler
made a motion to recommend to the County Commissioners the denial of WS-90-8
due to the potential impact on the service area and that the request is not
consistent with the Comprehensive Plan.Seconded by Mr.Iseminger.Mr.
Roulette abstained.So ordered.
WS-90-9 -Boonsboro Professional Center:
Mr.Lung informed the Commission that the staff report and analysis is
included in the agenda packet.He indicated that the staff has no
objections to this proposal.The property is located within the adopted
Boonsboro Town Growth Area and the proposal is consistent with the
Comprehensive Plan.The developer is working with the Boonsboro Utilities
Commission on requirements for water and sewer service.Mr.Moser made a
motion to recommend to the County Comm1..ssioners the adoption of WS-90-9 and
that the proposal is consistent with the Comprehensive Plan.Seconded by
Mrs.Johnson.Mr.Roulette abstained.So ordered.
223
RZ-452 -Section 4.15 Day Care Centers:
Mr.Goodrich informed the Commission that the staff report is included in
the agenda packet.Mr.Goodrich stated that the proposed amendment could be
adopted as advertised,however,he suggested some revisions to the amendment
for clarity purposes.Those suggestions are as follows:change the word
dwelling to residence throughout the first paragraph in Section 4.15,that
registration is through the State of Maryland and all requirements of the
State must be met.Mr.Iseminger made a motion to recommend to the County
Commissioners the adoption of RZ-452 with the incorporation of the revisions
as suggested by the staff.Seconded by Mrs.Johnson.Mr.Roulette
abstained.So ordered.
RZ-453 -Section 4.18 Child Care:
Mr.Goodrich informed the Commission that the staff report is included in
the agenda packet.He added that the proposed amendment would accomplish
the stated goals if approved as advertised,however,he suggested some
revisions for clarity purposes.Those revisions are as follows:stating
that child care services for existing businesses would be an accessory use,
the Zoning Administrator would determine if a site plan is required for
expansion of child care services in existing businesses,the accessory uses
are for employees only and not for public use,and also that that child care
facility must meet registration or licensing requirements of the State of
Maryland.Mr.Iseminger made a motion to recommend to the County
Comnissioners the adoption of RZ-453 with the incorporation of the revisions
as suggested by the staff.Seconded by Mr.Moser.Mr.Roulette abstained.
So ordered.
S-7 Adequate Public Facilities Ordinance:
Mr.Goodrich informed the Commission that the intent of S-7 is to insure·
that all standards and guidelines used in subdivision review are contained
in the Subdivision Ordinance.The proposed amendment accomplishes that
goal by making appropriate references to the Adequate Public Facilities
Ordinance.The staff offered no additional revisions or modifications to
the wording of s-7.Mrs.Johnson made a motion to recommend to the County
Commissioners the adoption of S-7 as advertised.Seconded by Mr.
Iseminger.Mr.Roulette abstained.So ordered.
Demolition Permit -Clear Spring Mennonite Church:
Mr.Goodrich informed the Commssion that the Clear Spring Mennonite Church
community has requested a demolition permit to demolish their church
facility.The church is located at the corner of Maryland Route 68 and
Ashton Road and was constructed in 1912 with additions in 1970.The
Historic District Commission did not objection to the demolition of this
building.Mrs.Johnson made a motion to recommend approval of the issuance
of the demolition permit.Seconded by Mr.West.So ordered.
Demolition Permit -Samuel Hiser:
Mr.Goodrich stated that Mr.Hiser is proposing to demolish greenhouses
which are located along Main Street in Maugansville.The Historic District
Commission has no objection to this request.Mrs.Johnson made a motion to
recommend approval of the issuance of the demolition permit.Seconded by
Mr.West.So ordered.
ADJOURNMENT :
There being no further business,the meeting adjourned at 9:00 P.M.
224
Executive Session followed regarding matters.
PRESENTATION TO THE WASHINGTON COUNTY PLANNING COMMISSION
CONTINENTAL INVESTMENT CORPORATION'S
APPLICATION FOR AN ADMINISTRATIVE AMENDMENT TO THE
WASHINGTON COUNTY WATER AND SEWERAGE PLAN
Good evening,my name is William P.Young,Jr.,an attorney
with the law firm of Meyers,Young &Grove,P.A.I represent
continental Investment Corporation ("Continental"),the contract
purchaser of the Robert D.Beckley and Wolfe Brothers parcels which
are located on the east side of the Sharpsburg Pike.[The Robert
D.Beckley and Wolfe Brothers parcels are called hereafter the
Parcels.]
On 31 October 1990,continental filed a petition with this
Commission for an administrative amendment to The Washington county
Water and Sewerage Plan (the "County Plan")under the authority of
Paragraph I (A)of Appendix B of The Washington County Water and
Sewerage Plan.A copy of the petition was mailed to each member
of the Commission.Mr.Chairman,I ask that Continental's petition
be made a part of the public record of these proceedings.
PROBLEM:The Parcels'current service priority
classifications are W-7 and S-7.continental respectfully submits
that these classifications are legally and factually wrong and
should be changed to W-l and S-3 or certainly not less than S-5.
RELIEF:continental requests the Commission to
administratively amend the water and sewer classifications of the
Parcels from W-7 to W-l and S-7 to S-3 but in no event less than
S-5,under the authority of Appendix B,paragraph V (2)of the
County's Water and Sewerage Plan,for the reasons which follow.
THE LAW:
A.In JUly 1976,Washington County and its incorporated
municipalities adopted the Antietam Basin 201 Plan which was
approved by the state and federal regulatory agencies;the 201 Plan
has not been amended.The 201 Plan created a number of service
areas,including the st.James Service Area which includes the
Parcels.
B.The St.James Service Area is depicted on Plate Il-
l in the 201 Plan and on Exhibit 2 of the Petition.[Identify
Adrian's copy of the Plate and offer it into evidence.]As you
can see,this Exhibit depicts (a)the MCI treatment plant and
transmission lines,as well as the pumping station,force and
transmission lines'and (b)the eight and ten-inch proposed
interceptors and outfalls and proposed pumping stations and the
date 1990.This Plate has never been amended.
C.On 15 May 1975,the County Commissioners adopted the
Washington County water and Sewerage Plan.The latest revision to
the County Plan is 16 January 1990.The Plan contains,among other
things,specific criteria for water and sewer service priority
designations.The criteria is contained in Appendix B,Paragraph
II (A)of the County Plan and it is Exhibit 3 in your personal copy
of the petition.
(1)Please turn to that Exhibit and look at the
third sentence.It reads:"within the boundaries of the defined
service areas,assignments of priority classifications from w-s
and s-s to W-l and S-1 will be made."The most important phrase
in that sentence is : "...will be made."The Commission has the
right to select priority classifications within those
classifications.It does not have the right to select the W-7 or
S-7 classification because the phrase"will be made"is
mandatory and not discretion~ry.In other words,the lowest water
and sewer classification which can be assigned any parcel within
a service area is w-s or S-S,which means that each parcel in a
service area has planned service.
(2)On Page IV-52 of the County Plan,the Commissioners
clearly stated that:"The classification of parcels of land as
having either existing service or planned service was based upon
the location of existing service lines and upon the best estimates
for future service by the service-providing agencies."
D.Now that we have established that the minimum
classification of a parcel of land must be s-s and W-S,pursuant
to the criteria in Appendix B of the county Plan,let's look at
why the current classification should actually be S-3 and W-l.
(1)If we read from where we left off,the
paragraph continues "Priority assignments shall reflect the
time at which the service is anticipated to be available."
[AJ First,as to the sewer classification,
let's talk about the Plan and the 201 Plan as they relate to sewer.
[lJ The st.James Service Area,which is
depicted on Plate 11-1 of the 201 Plan,depicts an existing waste
water treatment system and contains the date 1990 --a date which
reflected and continues to reflect the date when service was
anticipated to be available to the entire st.James service Area.
That date has never been changed.
[2J The County Plan defines the areas to
be served within ten years by pUblic,community or multi-use water
and sewerage sYstems.If you turn to Appendix B in the petition
you will find that definition.In our case,there are two criteria
for granting the S-3'classification to the Parcels.
2
(a)First,MCI's expanded sewerage
treatment plant already exists.It is an existing public system.
A pUblic system,by definition,is one designed to serve two or
more lots.The 201 Plan states the MCI plant would have to be
expanded to handle the proposed prison expansion and the addition
of the st.James Service Area in 1990.The MCI plant was expanded
to serve the prison complex (a lot)and the balance of the st.
James Service Area,all as contemplated by the 201 Plan.
(b)The second criteria will also
be found in Appendix B in the paragraph where we left off."Land
will be classified as S-5 or W-5 until such time as plans to
provide service are indicated either in response to a request from
private developers or by pUblic agencies.Priority classification
from S-3 and W-3 to S-l and W-1 will be assigned based upon the
project schedule and satisfactory compliance with the procedural
requirements described below."
(1)As you know,the county
has approved a Wastewater Facilities Study for the st.James
Service Area,the Parcels,the st.James/Clover Heights
communities,st.James School and the Earley Industrial Park.This
concept was made a part of the County Plan in January of this year!
See Page IV-10 of the County Plan.[Hand out these pages]Hand
out the study!The results of this study should be submitted to
the Washington County Sanitary District this month.The proposed
type of waste water facility resulting from the recommendations
contained in this study should be approved by early 1992 and
construction of the sewer facility is anticipated well before
December 1995.This time frame meets the service priority
classifications required for an S-3 classification for our Parcels.
Under these facts,the law clearly requires a classification of
not less than S-5 and probably S-3.The County and the
municipalities have not changed the 201 Plan.1990 has been and
remains the date when service was anticipated.The County Plan
when it was amended in January 1990,reaffirmed that the criteria
exists for a classification of S-3,as sewer can be anticipated in
three to five years under the County's current plans to provide
sewer to the st.James Service Area and possibly beyond.This fact
justifies a classification of S-3 for the Parcels because sewer can
be anticipated in three to five years under the County's current
plans to provide sewer.
[B]Now let's look at the County Plan as it
relates to water.
[1]In 1936,the City of Hagerstown
constructed a ten inch water line on the east side of the
Sharpsburg Pike.In'1972,the City constructed a twelve-inch water
3
line on the same side of the Pike.These lines bisect the st.
James Service Area and provide water to both st.James Village and
the prison.Mr.Shindle of the city Water Department has indicated
that the City can provide water service to the Parcels.
[2]These facts substantiate that a
community water supply system exists and does serve the st.James
Service Area.Let I s look at the definition of "community water
supply system"which is found in Appendix B of continental's
petition."Community water supply system"means a pUblic source
of water and a distribution system.which serves two or more lots.
In this case,the pUblic water system serves MCI,which is both in
and outside of the st.James Service Area,the Village of st.
James,which is entirely within the Service Area,and Clover
Heights which is both in and outside of the st.James Service Area.
See Exhibit 7 in your copy of the petition.
Under these facts,the County Plan clearly requires that our
Parcels should have a W-1 classification.
THE MAPS.The Plan Maps must reflect the text of the County Plan.
However,the Plan Maps,which are Exhibits 7 and 8 in your copy of
the Petition,designate part of the st.James Service Area as W-
1jS-1,W-IjS-5 and the remainder as W-7 and S-7.The Plan Maps do
not comply with the law.These obvious errors can be corrected
under the administrative procedure set forth in Appendix B,
Paragraph V (2)of the County Plan which empowers you to make such
administrative corrections.
CONCLUSION.continental respectfully requests that you
administratively amend the Maps to correct the erroneous service
priority classifications which indicate no service when
(a)in fact service is being provided to a particular area;
and
(b)the law requires
classification of W-l and a
certainly not less than S-5.
the Parcels'be given
sewer classification of
a water
S-3 .but
This concludes my presentation on the law as it relates to
the erroneous service priority classifications on the Plan Maps.
Before continuing are there any questions about the law as it
relates to the service priority classifications of the Parcels?
4