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HomeMy WebLinkAbout2018 Minutes191 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING February 5, 2018 The Washington County Planning Commission held a public rezoning information meeting and regular monthly meeting on Monday, February 5, 2018 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland. Commission members present were: Vice-Chairman Drew Bowen, Jeremiah Weddle, Denny Reeder, and David Kline. Staff members present were: Washington County Department of Planning & Zoning - Stephen Goodrich, Director and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Tim Lung, Director. CALL TO ORDER The Vice-Chairman called the meeting to order at 7:00 p.m. PUBLIC REZONING MEETING RZ-17-010 and CP-17-001 Mr. Goodrich presented for public review, comment and recommendation an application to rezone properties at 13229, 13237, 13245 and 13253 Dusty Lane and 17009 Broadfording Road from Pl (Planned Industrial) to A(R) (Agricultural Rural). Also being presented is a Comprehensive Plan amendment to adjust the Urban Growth Area (UGA) boundary line to exclude these five properties from the Growth Area. Mr. Goodrich explained that the quadrant of land north of US 40, east of MD 63 and west of McDade Road is in an area designated in the Comp Plan for Industrial Flex land uses. During the 2012 comprehensive UGA rezoning, this quadrant was zoned Pl (Planned Industrial) to coincide with the recommendation of the Comp Plan to provide an area suitable for industrial development in the future. At the time of the UGA rezoning, three of these five parcels in this area had existing dwellings. A subdivision approved at nearly the same time as the adoption of the UGA rezoning created two additional parcels. The two new parcels were created with the intent of constructing homes on them in the future. When one of the property owners applied for a building permit on one of the two newly created lots, it was discovered that the properties were zoned Pl and residential development was not permitted. Therefore, staff has submitted the application to change the zoning on these two properties thereby allowing the construction of houses. Staff is citing a mistake in the zoning of the property because information was not available at the time of the comprehensive rezoning to help staff and the Planning Commission make the most appropriate zoning decision. Mr. Goodrich stated that all five property owners, as well as adjacent property owners have been informed of the proposed changes and were notified of this evening's meeting. There was no one in attendance that wished to comment and no writing comment has been received to date. The Vice-Chairman adjourned the public rezoning meeting at 7:12 p.m. Recommendation: Mr. Reeder made a motion to recommend to the Board of County Commissioners approval of the proposed map amendment and the amendment to the Comprehensive Plan to adjust the UGA boundary line to exclude these properties based on a mistake in the zoning. The motion was seconded by Mr. Weddle and unanimously approved. MINUTES Motion and Vote: Mr. Weddle made a motion to approve the minutes of the December 4, 2017 regular meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. NEW BUSINESS SITE PLANS Rosewood PUD, Phase Ill Townhouses. Lots 144-181 (PSP-17-003) Mr. Lung presented for review and approval a preliminary plaUsite plan for Rosewood PUD, Phase Ill. He gave a brief overview of the Rosewood Planned Unit Development that has been under development for the past 20 years. The property is located on the west side of Robinwood Drive, south of the Hagerstown Community College. Phase Ill will include 34 dwelling units (26 semi-detached lots and 8 townhome lots) and a new public street (Isaac Court). Parking spaces required is 72 spaces; total proposed parking is 94 spaces (2 spaces per driveway plus 26 on-street spaces). The site will be served by public water and public sewer from the City of Hagerstown. Storm water management will be provided by an existing pond which provides water quantity control and extended detention. Forest Conservation requirements will be addressed via a replatted Forest Conservation area. Sidewalks are proposed on both sides of the street. Landscaping will be scattered throughout the development and on each lot. A tot lot is proposed at the end of the cul-de-sac. Discussion: _Mr. Bowen a~ked if the tot lot would be maintained by the HOA. Mr. Gordon Poffenberger of Fox & Associates, Inc. believes that the HOA will be responsible for the maintenance of this tot lot. Mr. Lung stated that staff will verify this issue with the developer. 192 Mr. Lung explained that the side yard setback for the town home units is 10 feet. However, due to the design of these units with covered porches, the developer is requesting a variance from the 10 foot side yard setback to a 7 foot side yard setback. Approvals are pending from the following agencies: Plan Review & Permitting -Land Use; Forest Conservation; City of Hagerstown Water Department; City of Hagerstown Sewer Department; Addressing; and Engineering. Mr. Lung noted that Forest Conservation is scattered throughout the development -some areas have been planted and other areas have not been planted. A meeting has been recommended between the Department of Planning & Zoning, Plan Review & Permitting and the developer to discuss a strategy for completing the Forest Conservation requirements since this is the last section of the development. Mr. Lung reported that a final plat will be required to create these lots at which time school adequacy issues will be addressed. Comments: Mr. Bowen recommended that staff review all files for this development since this is the final section to insure that all outstanding issues have been identified and addressed prior to final plat approval. Motion and Vote: Mr. Kline made a motion to grant staff the authority to approve the preliminary plat/site plan after approvals have been received from all reviewing agencies. As part of this approval, the Planning Commission recommends that the Department of Planning & Zoning, Plan Review & Permitting and the developer meet to finalize a strategy for completing the Forest Conservation requirements for this entire development. The motion was seconded by Mr. Weddle and unanimously approved. -OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following for the month of December: Land Development/Permit review -8 entrance permits; 1 utility permit; 8 grading permits; 1 non-residential addition/alteration permit; Land Development Plan Review -1 subdivision replat, 1 preliminary subdivision plat for Westfields, Section 7; 1 site plan for a tractor trailer parking facility, 1 site specific grading plan, 2 standard storm water plans, and 2 storm water concept plans, 4 standard grading plans, 1 traffic impact study scoping letter, and a town plan review for Smithsburg. Approvals issued: 10 subdivision plans including an administrative variance for a panhandle width; 1 subdivision replat; 1 Forest Stand Delineation; 3 staff approval change- of-use site plans; and 4 site plans including Solar Gaines, Brook's House, Bowman North, and Arnett Farms Lot 4. Mr. Lung reported the following for the month of January: Land Development/Permit review -18 entrance permits; 9 grading permits; 3 non-residential addition/alteration permits; 1 non-residential new construction permit; Land Development Plan Review -1 single lot preliminary/final subdivision plat, 4 site plans including a special events center on Mills Road, a trucking warehouse on Greencastle Pike, improvements to the PNC Bank at Virginia Avenue/Halfway Boulevard, and Hicksville Lumber; 2 simplified plats; 1 replat; 1 site plan red line revision for the St. James Fine Arts Center; 1 site specific grading plan ; 4 standard storm water management plans, and 4 standard grading plans. Comprehensive Plan Update Progress Report Mr. Goodrich reminded members that the Planning Commission previously completed its review of the Goals and Objectives as well as the Mineral Resources and Sensitive Areas sections of the Comp Plan . Staff is currently working on the Historic Resources and Community Facilities sections. Mr. Goodrich explained there are several factors that have contributed to the slow progress on the Plan including staffing issues, the number of rezonings received during the last rezoning cycle, water and sewer plan amendments, and other plan updates. Mr. Goodrich noted that County Commissioners' input is needed on the tiers map because it will affect the development capacity analysis and the Water Resources Analysis. Comment: Commission members would like workshops scheduled in advance. Board of Zoning Appeals Discussion Mr. Goodrich briefly discussed the Commission's representation before the Board of Zoning Appeals when Planning Commission decisions are appealed. There are currently two decisions that have been appealed -Bowman Cornfield and Community Rescue Services. Staff would like the Commission's feedback and opinions how these cases should be handled. Discussion and Comments: Mr. Bowen expressed his opinion that the Chairman and/or his designee should be present at the BZA meetings to answer questions. Members agreed that this discussion needs to be tabled until all members are present to give input. UPCOMING MEETINGS 1. Monday, March 5, 2018, 7:00 p.m ., Washington County Planning Commission public rezoning information meeting and regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland 193 ADJOURNMENT / Mr. Weddle made a motion to adjourn the meeting at 8:00 p.m . Thlrnotidn was seconded by Mr. Kline and so ordered by the Vice-Chairman. WASHINGTON COUNTY PLANNING COMMISSION PUBLIC REZONING MEETING AND REGULAR MEETING March 5, 2018 194 The Washington County Planning Commission held a public rezoning information meeting and regular monthly meeting on Monday, March 5, 2018 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland. Commission members present were: Chairman Clint Wiley, Drew Bowen, Robert Goetz, Denny Reeder, and David Kline. Staff members present were: Washington County Department of Planning & Zoning - Stephen Goodrich, Director; Jill Baker, Chief Planner; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Tim Lung, Director. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. PUBLIC REZONING MEETING RZ-18-001 -Thomas, Bennett & Hunter Staff Presentation Mr. Allen presented for public review and comment a map amendment application to rezone a 19.37 acre parcel of land located at 11661 Hopewell Road from HI -Highway Interchange to IG -Industrial General. He briefly reviewed the criteria listed in Article 27.3 of the Zoning Ordinance which the Commission should consider in making its decision for a piecemeal rezoning, Mr. Allen noted that the Cedar Lawn election district has grown more rapidly than the County as a whole. The site is served by public water and sewer is split on the site. Fire and Emergency Services are provided by the Volunteer Fire Company of Halfway. No APFO mitigation would be required because the proposed zoning would not generate any students. He briefly reviewed present and future transportation patterns in the vicinity of the proposed site. There are currently projects listed near the site in the Capital Improvements Program (CIP) to extend Halfway Boulevard to MD 63/Greencastle Pike. There is no public transit service to the site; however, the Hopewell Express shuttle service, provided by the Community Action Council, runs from downtown Hagerstown to Hopewell Valley businesses from 6 a.m. to 8 p.m. Monday through Friday. Access to the site is via a gated macadam driveway from Hopewell Road. Mr. Allen noted that topography of the site is open, wooded and rocky with 3.85 acres of the existing 7.63 acres of forest currently in a permanent easement. There is a mixture of commercial and industrial uses in the vicinity of this site such as Purina Mills, AC & T, Pilot, Freightliner and Performance Pipe. A large portion of property located in the northern Hopewell Valley is zoned IG (Industrial General) while southern Hopewell Valley is currently zoned HI (Highway Interchange). There are 3 existing historic sites within½ mile of the property. Mr. Allen gave a brief description of the IG zoning district which allows heavy industrial uses that may require extensive measures to allow for compatibility with adjacent land uses. The 2002 Comprehensive Plan Land Use Designation for this area is Industrial Flex. Mr. Allen explained that one of the criteria to consider during a piecemeal rezoning is the "change or mistake" rule. The applicant has the burden of proof to show a substantial change in the character of the neighborhood since the last comprehensive rezoning (2012) or that a mistake was made in the original zoning of the property. In this case, the applicant is claiming there was a mistake in the zoning of the property in 2012. Mr. Allen briefly reviewed the applicant's reasons supporting the "mistake". He pointed out that the property has been zoned HI or Hl-1 for more than 20 years and as recently as 2016 a development plan was recorded for a tenant to occupy this site as it is currently zoned. Failure of that tenant to secure a contract for the proposed use is the reason the site was not developed. Mr. Allen briefly discussed the differences in the zoning designations of HI, IG and IR (Industrial Restricted). One important difference is the land use intensity. The HI zoning district is intended for light industrial uses or commercial activities that "promote safe and efficient operation of the interchange"; the IR zoning district is intended for io·w intensity manufacturing and assembly processes that may not require extensive measures to allow compatibility; and the IG zoning distri ct is intended for manufacturing, processing and other heavy industrial uses which may require extensive measures to allow compatibility. Staff recommends that when considering this application, all applicable land uses should be considered if the IG zoning district is applied to this property. Staff believes there is minimal evidence of a mistake in the current zoning of the property. Mr. Allen noted that rezoning the property from HI to IR would offer less compatibility issues than HI to IG as requested. Staff also recommends considering the consistent past separation of the HI and IG zoning district over the past 20 years due to potential effects that a heavy industrial use could have on land use and transportation patterns in the vicinity of the 1-81 interchange. · Discussion and Comments: Mr. Bowen asked what type of uses staff is concerned about with the IG zoning. Mr. Allen stated there is concern with regard to the intensity of some of the permitted uses in the IG zone given the property's proximity to the interchange. 195 Applicant's Presentation Mr. Jason Divelbiss of Divelbiss & Wilkinson, 13424 Pennsylvania Avenue, Hagerstown, is legal counsel for the applicant. He presented applicant's exhibit #1, an aerial map showing the Hopewell Valley targeted economic development area showing the existing uses in the area and a chart showing the current uses permitted within the zoning districts. He noted that the uses in the IG district and the IR district are very similar in nature and all of the permitted uses in the IR district are also permitted within the HI zoning district. It is the applicant's contention that a mistake was made in the 2012 comprehensive zoning of this property because a number of the existing uses already existed, the trend of Hopewell Valley was industrial in nature, and the land use designation delineated in the 2002 Comprehensive Plan is Industrial Flex. It was also noted that the property is adjacent to an active rail line, it is within close proximity to the interstate, and there is only one property separating it from the existing IG areas. Discussion and Comments: Mr. Goetz expressed his opinion that there is a distinct line between the HI and the IG districts and asked why the applicant is requesting the IG zone when the uses between the HI and IR are so similar. Mr. Divelbiss reiterated that the majority of uses permitted in the IG district are also permitted in the IR district. The most intensive uses permitted in the IG district are not currently present in the district with the exception of Purina Mills which is located in the HI district. Mr. Bowen expressed his opinion that if the map amendment application is approved, the Commission should consider connecting the two IG districts during the Comprehensive Plan Update so there is not an enclave. There were no citizens present to make public comment. MINUTES Motion and Vote: Mr. Bowen made a motion to approve the minutes of the February 5, 2018 public rezoning meeting and regular meeting as presented. The motion was seconded by Mr. Kline and unanimously approved with Mr. Goetz abstaining from the vote. -OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following for the month of February: Land DevelopmenUPermit review -20 entrance permits; 2 floodplain permits; 5 utility permit; 29 grading permits; 2 non-residential construction permits; Land Development Plan Review -2 subdivision replats, 1 preliminary/final subdivision plat, 2 simplified plats, 5 site plans (Interstate Battery, Mountainside Teleport, Middletown Valley Bank, HCC parking lot addition, Bowman Newgate Phase 3), 3 site specific grading plans, 4 grading plans, 2 storm water concept plans, 1 forest stand delineation and 1 final subdivision plat. Approvals issued: 1 simplified plat, 1 subdivision replat, 1 final subdivision plat for Westfields, Section 6C, and 1 site plan for Atlantic Homes. Initial CIP Presentation Mr. Goodrich stated that next month he will present the proposed FY 2018-2027 CIP for review and discussion. The Commission will be asked to make its recommendation to the Board of County Commissioners for the Cl P's consistency with the County's adopted Comprehensive Plan. Pending Legislation Mr. Goodrich gave a brief summation of several bills that are being discussed in the Senate: • Allow establishment of agricultural land preservation fee • Lengthen recertification of ag preservation program from 3 to 5 years • Adopt a State definition of agri-tourism -this would not override local zoning laws • Change the Bay restoration fund and what it can be used for • On-site sewage disposal systems that would require upgrading in some areas • Changes to the Forest Conservation Act -define priority retention areas and increase mitigation to a 1 to 1 ratio • Changes to Tiers 3 and 4 of the septic bill -create exemptions and criteria to define other areas in Tier 3 Proposed Rezoning Schedule Changes Mr. Goodrich announced that on March 13th, the Board of County Commissioners is scheduled to discuss the schedule upon which rezoning applications will be accepted as part of its initiative to be more customer friendl1/. He noted that the Commissioners are considering an application submittal process on an as-needed basis. The Planning Commission previously discussed this topic and did not believe that a change was currently needed in the schedule. Employee Policy Changes Mr._ ~oodrich explained that the County Commissioners have been revising old policies and adopting new policies for County employees, which also includes members of appointed Boards and Commissions. 196 Training on the policies will be scheduled in the near future for all Board and Commission members. Recently adopted policies include Anti-Harrassment and a Tobacco Free Campus. Mr. Goodrich reminded Commission members that the Financial Disclosure statements will soon be distributed and need to be completed and returned by mid-April. Comprehensive Plan Update Ms. Baker reminded Commission members that the Sensitive Areas and Mineral Resources elements were previously approved by the Commission. A copy of the draft Historic Resources element was included in this evening's agenda packet for the Commission's review. She briefly reviewed contents of the element which include tax credits, State programs and funding for historic resources, heritage tourism, threats and challenges to preserving historic resources, preserving the landscapes and scenic scapes of the historic resources. Staff will be presenting the recommendations, goals and objectives at the next meeting. Staff is currently working on the Community Facilities element, which should be ready for the Commission's review in April. Staff is also working on the Economic Development and Housing element. General Discussion The Planning Commission briefly discussed the site of Purina Mills and its zoning designation of HI. There are numerous reasons this site has this zoning designation which does not necessarily match the intensity of the use on the site. Members also discussed other uses that are permissible in the IG district that may be more intensive. Staff reminded the Commission that it cannot assume the applicant is proposing to move to this location and continue its current use on this site. Mr. Lung noted that a concrete business would be a special exception use in both the IR and the IG zoning districts. The Commission discussed making its recommendation for the IR zoning instead of the IG zoning; however, Ms. Baker pointed out that the applicant must make its case based on a change in the neighborhood or a mistake in the original zoning. Mr. Goodrich advised members to make discussions regarding the IR zoning versus the requested IG zoning and the reasons why the Commission believes the IR district is a better choice part of its recommendation to the BOCC. Making a recommendation for a different zoning designation than the applicant requested does not give the public the opportunity to make comments. UPCOMING MEETINGS 1. Monday, April 2, 2018, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland ADJOURNMENT Mr. Goetz made a motion to adjourn the meeting at 8:20 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. 197 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING April 2, 2018 The Washington County Planning Commission held its regular monthly meeting on Monday, April 2, 2018 at 7:00 p.m at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland. Commission members present were: Chairman Clint Wiley, Robert Goetz, Denny Reeder, and Jeremiah Weddle. Staff members present were: Washington County Department of Planning & Zoning -Stephen Goodrich, Director; Jill Baker, Chief Planner; Eric Seifarth, Rural Preservation Administrator; Chris Boggs, Land Preservation Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Tim Lung, Director. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. OLD BUSINESS RZ-18-001 -Thomas, Bennett & Hunter Recommendation Ms. Baker briefly reviewed the map amendment application submitted by Thomas, Bennett & Hunter to rezone 19.37 acres of land located at 16611 Hopewell Road from HI (Highway Interchange) to IG (Industrial General). The applicant is claiming there was a mistake in the zoning of the property based on the following: the number of existing similar uses already in place when the UGA rezoning was adopted, the trend of Hopewell Valley is industrial in nature, the 2002 Comprehensive Plan adopted by the County designated this area as Industrial Flex, the property is adjacent to an active rail line, and it is within close proximity to an interchange .. During the applicant's presentation, a comparison was made between the principal permitted uses in the IR (Industrial Restricted) district that are also permitted in the HI district. The applicant pointed out that there are already industrial type uses permitted by right in the HI district. Ms. Baker reiterated that the applicant is requesting the IG zoning designation but using the IR as a comparison between the two districts and making the linkage from the HI to the IG. Discussion and Comments: There was a brief discussion regarding the intended use of the property, which Ms. Baker reminded members should not be considered during the rezoning process. The Commission's decision should be based on the knowledge that all uses allowed in the proposed district could potentially locate on this property. Mr. Reeder asked if this would be considered "spot zoning". Ms. Baker explained that because there is a small portion of the property that is contiguous to a parcel already zoned IG this would not be considered "spot zoning". Mr. Goetz expressed his opinion that Thomas, Bennett & Hunter maintains a clean, neat appearance at its current location in the City of Hagerstown and he believes they would continue the same quality appearance at this location. Mr. Wiley concurred with this comment. There was a brief discussion regarding other properties within close proximity and the possible need to rezone these properties in the future for industrial uses. Mr. Goetz believes that the surrounding parcels should be considered during the next comprehensive plan process. Members expressed their opinion that "mistake" is not the correct terminology; however, the term is the operative word from Maryland law. There are many factors that influence a decision during a comprehensive rezoning that are only focused on this "point in time" and a more generalized area, not a specific piece of property. Motion and Vote: Mr. Goetz made a motion to recommend approval of the map amendment request to the Board of County Commissioners. This recommendation is based on acceptance of the applicant's claim that there was a mistake made during the 2012 comprehensive zoning because of the existing predominant industrial nature of Hopewell Valley and the reasonably foreseeable future trend of industrial use intensification was not sufficiently taken into consideration when the HI zone was assigned. The Planning Commission also cited the existing uses on adjacent parcels, the land use designation delineated in the Comprehensive Plan of Industrial Flex, an active rail line located adjacent to this property and the close proximity to the interstate to support the recommendation. The motion was seconded by Mr. Weddle and unanimously approved. NEW BUSINESS MINUTES Motion and Vote: Mr. Weddle made a motion to approve the minutes of the March 5, 2018 public rezoning meeting and regular meeting as presented. The motion was seconded by Mr. Goetz and unanimously approved. LAND PRESERVATION Approval of Ag Districts 198 Mr. Seifarth explained that ag districts began 40 years ago with the Maryland Ag Land Preservation Program. Ag districts in the program were a five year term and an interim step that qualified farmers to apply for permanent easements at a later time. There are specific criteria that must be met to establish a district, which includes soil qualifying capabilities and size. In 1991, staff worked with a 33 member blue ribbon panel to enhance the program. These efforts generated the idea of increasing the term from five years to ten years and providing property tax credits. In 2009, the State of Maryland decided to no longer participate in the district program and in 2012 turned the districts over to their respective county. Mr. Seifarth further explained that the Ag Board has vetted the following ag districts for compliance with specific criteria including that which was discussed above. It is the Planning Commission's responsibility to review these properties and determine if they are consistent with the Comprehensive Plan [is the district outside the Urban Growth Area, is water or sewer service available to the property, etc.]. If the districts are approved by either the Ag Board or the Planning Commission, they will be presented for approval to the Board of County Commissioners in a public hearing. Mr. Boggs presented the following districts which meet the specified criteria and consistency with the Comprehensive Plan for the establishment of an agricultural land preservation district: • Jeremiah and Janelle Weddle, 9320 Garis Shop Road (AD-16-014) • Beta Management Trust, 16026 Spade Road (AD-17-006) • Curvin and Glennis Eby, 19534 Reidtown Road (AD-18-005) • Donna McCauley, 16030 Wishard Road (AD-18-008) • Page and Ronda Houser, 16517 Shaffer Road (AD-18-009) • Bragunier Farms, Inc., 13040 Blairs Valley Road (AD-18-010) • David Forcino, 13215 Smithsburg Pike (AD-18-011) [meets all qualifications if the Terry and Deborah Roane property is approved because it is less than 50 acres in size] • Terry and Deborah Roane, 13201 Sleepy Creek Lane (AD-18-012) • Donald and Linda Ebersole, 16620 Kendle Road (AD-18-014) • Charles (Jr.) and Denise Grab, 9705 Downsville Pike (AD-18-016) • Donald Houser, 9034 Downsville Pike (AD-18-017) • Neal and Kathryn Corwell, 11702 Rock Meadow Road (AD-18-021) • Hauser's Produce Farm, Inc., Shaffer Road (AD-18-023) Motion and Vote: Mr. Goetz made a motion to approve the Weddle ag district based on its soils and size qualifying capabilities and its consistency with the Comprehensive Plan. The motion was seconded by Mr. Reeder and unanimously approved with Mr. Weddle abstaining from the vote. Motion and Vote: Mr. Goetz made a motion to approve the remaining 12 ag districts based on soils and size qualifying capabilities and consistency with the Comprehensive Plan. The motion was seconded by Mr. Reeder and unanimously approved. Mr. Boggs presented the following ag district which he pointed out does meet the soil and size qualifying capabilities; however, it is not consistent with the Comprehensive Plan because it is inside the Urban Growth Area and has the capability to hook up to public water and public sewer facilities. The Ag Board approved the property as an ag district based solely on its agricultural capabilities. Mr. Boggs noted that the land owners wish to keep the property as an agricultural use for at least the next ten years. Mr. Seifarth noted that the Maryland Ag Land Preservation Foundation will most likely not approve this property for a permanent easement in the future because it is inside the UGA and has public water and sewer capabilities. • Robert, Clyde and Daniel Ebersole, 16438 Kendle Road (AD-18-013) Discussion and Comments: Mr. Wiley asked why this property was given an RS (Residential Suburban) zoning classification instead of an agricultural zoning. Ms. Baker stated that during the Comprehensive rezoning of the UGA, the property owners requested that the property be included in the UGA At that time, this property was under contract as part of a proposed development. Mr. Weddle expressed his opinion that the owners want to take advantage of the ag tax credits until such time as the housing market takes an up-turn. Mr. Wiley concurred with this opinion. There was a brief discussion with regard to the property being taken out of the growth area. Members expressed their opinion that the owners should request that the property be taken out of the growth area and rezoned with an agricultural zoning before requesting the ag tax credits. Motion and Vote: Mr. Reeder made a motion to deny the ag district request for the Ebersole property because it is inside the Urban Growth Area, has the capability for public water and sewer facilities, and is inconsistent with the Comprehensive Plan. The motion was seconded by Mr. Goetz and unanimously approved. Policy Discussion Mr. Seifarth explained that approximately 15 years ago, the Planning Commission gave staff the authority to approve ag districts that meet the specified criteria as previously discussed this evening. In the case of requests that did not meet the criteria, staff would present them to the Planning Commission for their 199 approval or denial. Staff is seeking the Commission's direction to determine if this policy should be changed or remain the same. Discussion and Comments: Mr. Wiley expressed his opinion that the existing policy provides an efficient, timely, customer-friendly process and should not be changed. Motion and Vote: Mr. Reeder made a motion to re-affirm the current policy as stated by Mr. Seifarth. The motion was seconded by Mr. Goetz and unanimously approved. Agricultural Land Preservation Districts Ordinance Mr. Weddle abstained from all discussion and the vote on this agenda item. Mr. Seifarth stated that the Ag Land Preservation District Ordinance is being amended including definitions and minor changes to the extension of district agreements. He explained the proposed changes in Section 4.01 and Section 9.05(c) of the Draft document. After a brief discussion, the Commission recommended that the language in both of these sections should not be changed. Motion and Vote: Mr. Goetz made a motion to approve the text of the Ordinance as discussed. The motion was seconded by Mr. Reeder and unanimously approved. FOREST CONSERVATION Department of Natural Resources Annual Review Mr. Goodrich reported that the annual review by DNR was held over two days for the County's Forest Conservation program. He noted that several non-compliance issues are being addressed with much success seen over the past year in gaining compliance with the Ordinance and approved conservation plans. DNR has requested that the County analyze and report to them that the payment-in-lieu funds received from developers is producing the equivalent amount of mitigation. Another issue discussed with DNR was solar generating systems and whether these systems require a certificate of public necessity and if the Forest Conservation Ordinance requirements apply to solar projects. Mr. Goodrich noted that there was some confusion over this issue and several of the solar projects in Washington County received exemptions from the forest conservation requirements; This issue has now been clarified and these projects should have complied. Mr. Goodrich noted that a certificate of public necessity indicates that the Public Service Commission has considered forest conservation and have implemented the appropriate mitigation; however, if there is not a certificate when the County receives the plan, forest conservation requirements should be addressed. There was a brief discussion regarding the PSC's authority overriding the local jurisdiction's authority when considering these issues. Further clarification is pending. -OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following for the month of March: Land Development/Permit review -16 entrance permits; 1 floodplain permits; 17 grading permits; 2 non-residential addition/alteration permits; 1 non- residential construction permit; and 2 utility permits; Land Development Plan Review -1 preliminary/final subdivision plat for a single residential lot; 1 simplified plat, 5 site plans; 1 red-line revision for a previously approved site plan; 1 ordinance modification to create a lot with public road frontage; 2 storm water concept plans, 4 standard grading plans; 3 standard storm water plans; 1 traffic impact study. Approvals issued: 2 subdivision plats, 1 subdivision replat, 2 site plan red-line revisions; 1 town plan (Williamsport) and 2 site specific grading plans. CIP Recommendation Mr. Goodrich presented the proposed Capital Improvements Program for FY 2019-2028. The Planning Commission is responsible for reviewing the CIP and determining its consistency with the Comprehensive Plan. The Commission should ensure that projects listed in the CIP support or encourage growth within the growth areas identified in the Comp Plan and not in areas where preservation is the priority. Examples of these types of projects include Eastern Boulevard, Professional Boulevard, the Professional Boulevard Bridge, etc. The Planning Commission reviewed several selected pages from the Draft CIP showing a summary of planned projects and detail sheets for projects located in the UGA. Motion and Vote: Mr. Reeder made a motion to recommend approval of the Capital Improvements Program to the Board of County Commissioners. This recommendation is based on a review of the CIP which supports and encourages growth within the growth areas and is therefore consistent with the Comprehensive Plan. The motion was seconded by Mr. Weddle and unanimously approved. Comprehensive Plan Update Ms. Baker reported that work is continuing on the Community Facilities element of the Comp Plan and should be ready for presentation to the Commission at its May meeting. She presented the Historic Resources recommendations and noted they are broken down as short-range, medium-range and long- range goals. 200 Consensus: By consensus, the Planning Commission adopted the Historic Resources element recommendations and goals. UPCOMING MEETINGS 1. Monday, May 7, 2018, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland ADJOURNMENT Mr. Goetz made a motion to adjourn the meeting at 9:05 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman. 201 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING May 7, 2018 The Washington County Planning Commission held its regular monthly meeting on Monday, May 7, 2018 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland. Commission members present were: Chairman Clint Wiley, Andrew Bowen, Robert Goetz, Denny Reeder, and David Kline. Staff members present were: Washington County Department of Planning & Zoning -Stephen Goodrich, Director and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Tim Lung, Director; Cody Shaw, Deputy Director, and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. NEW BUSINESS MODIFICATIONS Pax-Edwards LLC [OM-18-001] Mr. Shaw presented for review and approval a modification request from Section 405.11.B of the Washington County Subdivision Ordinance to allow the creation of a lot without public road frontage. The property will be accessed by an easement which already exists. The property is located at 11204 Pepperbush Circle and is currently zoned RM (Residential, Multi-family).The proposed lot consists of 2.11 acres of a 6.20 acre parcel. The applicant's justification statement indicates that the lot in question is associated with the Hopewell Manor Apartment complex. The owners would like to build two more apartment buildings; however, financing requires that the new building be under a different entity than the current ownership. No reviewing agencies had any comment or objection to the approval of the modification request. Motion and Vote: Mr. Reeder made a motion to approve the modification request as presented. The motion was seconded by Mr. Kline and unanimously approved. Derek and Lisa Clark [OM-18-002] Ms. Kelly presented for review and approval a modification request from Section 402.A of the Washington County Subdivision Ordinance for property located along the north side of Fairview Road (MD 494), just east of the intersection with St. Paul's Road. The property is currently zoned A(R) -Agricultural Rural. The site is 1.36 acre in size and is currently undeveloped. The property was originally subdivided and approved as Lot 21 of Wild Flower Meadows. Access originally approved for this lot was part of a shared access with Lot 20. The applicant would like to relocate the proposed driveway to the opposite side of Lot 21 along the eastern property boundary. Section 402.A of the Subdivision Ordinance states that all new access points must conform to the County Highway Plan which classifies Fairview Road as a "major collector". The County Highway Plan requires a minimum of 300 feet between all access points on a major collector road. The proposed driveway is approximately 150 feet from Lot 20 and 160 feet from the property access located to the east. The State Highway Administration has visited the site and determined that the proposed site distance is good. Motion and Vote: Mr. Bowen made a motion to approve the modification request as presented. The motion was seconded by Mr. Kline and unanimously approved. SITE PLANS The Shops at Sharpsburg Pike, Lots 2 and 3 [PSP-17-004] Ms. Kelly presented for review and approval a preliminary plat for Lots 2 and 3, a site plan for Lot 2, and a modification request for Lots 2 and 3 of The Shops at Sharpsburg Pike. The property is located along the east side of Sharpsburg Pike and the south side of Col. H.K. Douglas Drive and is currently zoned HI (Highway Interchange). Lot 2 is 1.28 acres in size and proposes the construction of a 2,348 square foot Dunkin Donuts with drive-thru window on the east side of the building. Hours of operation will be 5:00 a.m. to 10:00 p.m., 7 days per week. Required parking is 32 spaces; 34 spaces will be provided. There will be one delivery per week. Site lighting and signage will be building mounted and pole mounted. Land- scaping will include plantings in the parking lot and in the bio-retention area. Lot 3 is 1.04 acres in size; no construction is proposed at this time. Both lots will be served by public water and public sewer. Lots 2 and 3 do not meet the requirements of Section 405.11.B of the Washington County Subdivision Ordinance which requires that all lots have frontage and access to a road or street dedicated to public use. These lots will have access from a right in only entrance off of Sharpsburg Pike with a full access entrance and exit from H.K. Douglas Drive, which will be constructed by the County. The applicant disagrees with Staff's determination stating that the words "useable frontage" was cited many times in discussions with Staff; however, the term "useable frontage" is not used in the Subdivision Ordinance itself. In a letter to the Planning Commission, the applicant cited several examples of similar developments throughout the County in which lots meet the requirements of Section 405.11.B. 202 Clarification: Mr. Lung stated that staff has no objection to the proposed modification or layout of the site. He did, however, express concern with regard to the applicant's assertation that staff has misinterpreted the Subdivision Ordinance. He expressed his opinion that if the usablility of the road frontage is not considered, the provision could be considered pointless. Mr. Lung noted that the similar cases cited by the applicant were presented to the Planning Commission for its approval in the form of a variance from the requirement. Mr. Reeder stated that he agreed with staff and that each situation is reviewed and considered by the Planning Commission on a case-by-case basis. The developer is proposing to meet Forest Conservation Ordinance requirements using payment in lieu in the amount of $94,163.11 (7.21 acres of mitigation) to cover the entire 17 acres owned by Mr. Shaool (the developer), which includes Lots 1, 2, 3 and the remaining lands. All agency approvals have been received with the exception of the Health Department, which is waiting for allocation letters from the City of Hagerstown Water Department and the Washington County Department of Water Quality. Discussion and Comments: Mr. Bowen asked if this section of Col. H.K. Douglas Drive currently exists. Ms. Kelly stated it does not currently exist. Mr. Gordon Poffenberger of Fox & Associates, Inc., the consultant, explained there is a note on the plat that states that a Use and Occupancy permit cannot be issued for this building until the road is completed. Washington County will be constructing the road. Motion and Vote: Mr. Bowen made a motion to approve the preliminary plat for Lots 2 and 3, the site plan for Lot 2, the payment-in-lieu for all lots and the modification request for Lots 2 and 3 with the following conditions: approval must be received from the Health Department, the road must be constructed by the County prior to the issuance of the Use & Occupancy permit, and the payment in lieu must be paid by the developer. The motion was seconded by Mr. Kline and unanimously approved. The Shops at Sharpsburg Pike, Lot 1 [PSP-17-005] Ms. Kelly presented for review and approval a preliminary plat and site plan for Lot 1 of The Shops at Sharpsburg Pike located along the east side of Sharpsburg Pike and the south side of Col. H.K. Douglas Drive. The property is currently zoned HI (Highway Interchange). Lot 1 is 2.89 acres in size and proposes the construction of a 21,998 square foot Aldi grocery store. The lot will have access from the newly extended Col. H.K. Douglas Drive which will connect with an access drive along the south side of the building. The property will be served by public water from the City of Hagerstown and County sewer. The hours of operation will be 9:00 a.m. to 8:00 p.m., 7 days per week. There will be 3 to 4 employees per shift. Parking spaces required is 11 O spaces; 111 spaces will be provided. There will be three truck deliveries per day. Site lighting and signage will be building mounted and pole mounted. Landscaping will include plantings in the parking islands and adjacent to the retaining wall which will surround the lot. Ms. Kelly reiterated that Forest Conservation Ordinance requirements will be met using the payment in lieu as previously discussed. Approvals have not been received from the State Highway Administration (awaiting an access permit), Health Department (awaiting allocation letters) and the Engineering Department (awaiting revisions); all other agency approvals have been received. Discussion and Comments: Mr. Bowen asked when the H.K. Douglas Drive extension would be constructed. Mr. Lung stated that funding has been secured for this project and construction should begin later this year. Motion and Vote: Mr. Bowen made a motion to approve the preliminary plat and site plan for Lot 1 as presented with the following condition: H.K. Douglas Drive is constructed and all agency approvals have been received. The motion was seconded by Mr. Kline and unanimously approved. Stillwater Farm [SP-18-002] Mr. Shaw presented for review and approval a site plan for a seasonal event center located at 4040 Mills Road. The property is 32.63 acres in size and is currently zoned P (Preservation). On December 13, 2017 the Board of Zoning Appeals approved [with conditions] the establishment of a banquet/reception facility and a variance from the requirement to provide a stable, dust free surface for parking. Handicapped spaces will be provided in a paved area. Conditions for approval include: hours of operation shall be 4:00 p.m. to 10:00 p.m. Friday, noon to 10:00 p.m. on Saturday and noon to 8:00 p.m. on Sunday; there shall be no more than 100 attendees per event; uses must be restricted to the existing buildings and tents are permitted for outdoor events (no new physical buildings may be constructed on the site). Required parking spaces is 48; 50 spaces will be provided. The site will be served by well and septic. The site is exempt from stormwater management requirements because there is less than 5,000 square feet of disturbance and from Forest Conservation Ordinance requirements because there is less than 20,000 square feet of disturbance. Sight lighting will be provided by rented pole lights which will be used for the parking areas. All agency approvals have been received. Motion and Vote: Mr. Bowen made a motion to approve the site plan as presented. The motion was seconded by Mr. Goetz and unanimously approved. Conservit Inc. [SP-18-012] Ms. Kelly presented for review and approval a site plan for Conservit Inc. to replace existing conveyance/stacking equipment with modern equipment used for the processing of recyclable materials. The property is located at 18656 Leslie Drive and is currently zoned IG {Industrial General). The site is 203 approximately 19.98 acres in size. No new access is proposed. The business is currently served by public water and public sewer. No new employees will be hired. Hours of operation will remain the same. No new signage or lighting is proposed. In March 2018, the Board of Zoning Appeals granted a request for the reduction of the side yard setback from the required 100 feet to 45 feet for the placement of the conveyor system. The site is exempt from Forest Conservation Ordinance requirements because there is less than 20,000 square feet of new disturbance. All agency approvals have been received. Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was seconded by Mr. Goetz and unanimously approved. -OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following for the month of April: Land Development/Permit review -15 entrance permits; 19 grading permits; 6 non-residential permits; and 1 utility permit; Land Development Plan Review -2 preliminary/final subdivision plats; 1 simplified plat; 1 replat; 1 preliminary plat with site plan for Emerald Pointe, Phase 3, Section 2; 3 site plans -Elmwood Farm B & B, Bowman Airpark, John Alexander Storage Sales; 1 ordinance modification; 1 storm water concept plan for Vista Business Park; 1 PUD development plan revision for Emerald Pointe; 1 Forest Stand Delineation; 1 site specific grading plan for Vista Business Park; 5 standard grading plans; 1 standard storm water plan; and 2 storm water and maintenance agreements. Approvals issued: 3 simplified plats; 1 replat; 1 forest stand delineation; 2 preliminary plats for Westfields, Sections 6 and 7; 1 preliminary/final subdivision plat; 1 final plat for Emerald Pointe, Section 2, Phase 2B; 1 site specific grading plan; and 5 site plans -PNC Bank on Virginia Avenue, HCC parking lot addition, Mountainside Teleport, Love's Travel Center at Vista Business Park and Interstate Battery Warehouse. Rezoning Schedule Mr. Goodrich reminded members that a discussion was held several months ago regarding a change to the rezoning schedule. He stated that the County Commissioners have decided to go to an "as-needed" schedule for rezoning applications. He briefly reviewed a draft schedule with members and discussed time-saving measures that will be implemented. UPCOMING MEETINGS 1. Monday, June 4, 2018, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland ADJOURNMENT Mr. Goetz made a motion to adjourn the meeting at 8:05 p.m. The motion was seconded by Mr. Bowen and so ordered by the Chairman. s'4bmi" I w~ed, Clint Wiley, Chairman WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING June 4, 2018 204 The Washington County Planning Commission held its regular monthly meeting on Monday, June 4, 2018 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland. Commission members present were: Chairman Clint Wiley, Andrew Bowen, Robert Goetz, Denny Reeder, David Kline, Jeremiah Weddle and BOCC Ex-officio Leroy Myers. Staff members present were: Washington County Department of Planning & Zoning -Stephen Goodrich, Director; Jill Baker, Chief Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting -Tim Lung, Director; and Cody Shaw, Deputy Director. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the April 2, 2018 meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved. Motion and Vote: Mr. Bowen made a motion to approve the minutes of the May 7, 2018 meeting as presented. The motion was seconded by Mr. Goetz and unanimously approved with Commissioner Myers abstaining from the vote. NEW BUSINESS SITE PLANS Bowman Halfway Trailer Parking [SP-17-028] Mr. Shaw presented for review and approval a site plan for an overnight trailer parking facility on a 29.62 acre parcel located along the south side of Halfway Boulevard. The property is currently zoned HI - Highway Interchange. The hours of operation are 24 hours per day, 7 days per week. There will be 162 parking spaces provided. Water and sewer is not proposed for this site nor is any required. This site is associated with the special exception granted for Pilot Travel Center and will be utilizing the existing storm water management facility created for it; however, ii will operate as its own separate business. Forest Conservation requirements were addressed by a previously approved payment-in-lieu (PIL-07- 017). Approvals are pending from Land Use Planning and Engineering, which are awaiting a developer's agreement regarding a proposed traffic signal. Currently, a signal is not warranted; however, shortly after opening this facility, it is believed that a signal will be warranted. Discussion and Comments: Mr. Bowen asked how access to the site would be achieved. Mr. David Trostle of Frederick, Seibert & Associates, the consultant, stated that access will be from Halfway Boulevard. A left turn will not be permitted to exit the site until a traffic light has been installed. Motion and Vote: Mr. Bowen made a motion to grant staff the authority to approve the site plan pending approval by Land Use Planning and Engineering. The motion was seconded by Mr. Goetz and unanimously approved. -OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following for the month of May: Land Development/Permit review -30 entrance permits; 25 grading permits; 2 non-residential addition permits; and 1 non-residential new construction permit; Land Development Plan Review -1 preliminary plat for Rosehill Manor (17 4 age restricted, semi- detached units); 4 preliminary/final subdivision plats; 3 final plats including the Villas at Gateway, Black Rock PUD and Freedom Hills, Section C, Lots 128-142, 147-156 and 67; 2 simplified plats; 3 subdivision replats; 2 site plans -Expansion at Big Cork Winery and a 1.2 million square foot warehouse distribution facility in Vista Business Park; 2 forest plans; 1 forest stand delineation; 1 storm water concept plan; 6 standard grading plans; 3 engineering storm water plan revisions; and 2 traffic impact studies. Approvals issued: 4 forest stand delineations; 1 site specific grading plan, 2 replats; 2 subdivision plats; and 3 site plans including the Still Water Farm Event Center, Hicksville Planing and a fast food restaurant on the Arnett Farms remaining lands. Comprehensive Plan Update Ms. Baker presented for review and comments the Community Facilities element of the Comprehensive Plan. She noted that water and sewer facilities would not be discussed in this element as in the past since the State of Maryland passed HB 1141 requiring a Water Resources Element. The Water Resources Element will be a separate section which will include a Development Capacity Analysis to determine if the growth area can handle servicing these areas. Ms. Baker briefly reviewed each section of the Community Facilities element. 205 Discussion and Comments: There was a brief discussion regarding school capacity issues throughout the county. Discussions included the consolidation of schools and the possible need for a new high school. Mr. Goodrich noted that the School Board monitors and analyzes enrollment each year. The Planning Department monitors enrollment and new development in order to analyze current school enrollment plus expected students from new development to decide if schools will be adequate in the future. A test is performed for each new development to predict if the schools in that specific area will be over capacity and whether the plans for the new development can be approved. In some cases, the developer will be required to pay an adequate public facilities fee. Commission members asked staff to keep them informed of any sudden increase or change in these figures. There was a brief discussion regarding the State's versus the Washington County Public Schools (WCPS) projections, in which the State indicates very minimal changes in the coming years. Commission members agreed that emphasis should be placed on the WCPS projections rather than the State's projections. Mr. Goodrich suggested that during the July meeting, staff should give the Commission an overview of the Adequate Public Facilities Ordinance and how it relates to the issues that are being discussed this evening. There was a brief discussion regarding the trade and private schools being included in the Plan. Ms. Baker briefly reviewed emergency services available and the importance of these services throughout the County. She also noted that the Plan discusses commercial communications facilities available in the County. Members suggested that Hagerstown Fiber LLC should be included in this section. Members also discussed the Airport facilities and the Ryder Jet services that are provided. This is an important economic asset in the County. It was suggested that additional information should be included in the Plan. There was a brief discussion regarding Social Service providers and members expressed their opinions that assisted living/nursing homes should be included. Members also suggested that the land owned by the Board of Education on Downsville Pike and its use for additional education facilities should be referenced in the Plan. MissionNisionNalues/Strategy (MWS) Mr. Goodrich presented the recently adopted County Commissioners' Mission, Vision & Values statement. Each County department has been charged with developing its own statements. Discussion and Comments: Mr. Wiley expressed his opinion that significant strides in customer service has been made over the past several years and should be codified in the values section. Mr. Goetz concurred with this opinion. Other values that Commission members believe are important are communi- cation and transparency. Members expressed their opinions that the Planning Commission and Planning Department should have one unified statement. Election of Officers Motion and Vote: Mr. Goetz made a motion to appoint Clint Wiley as Chairman. The motion was seconded by Mr. Bowen and unanimously approved. Motion and Vote: Mr. Goetz made a motion to appoint Drew Bowen as Vice-Chairman. The motion was seconded by Mr. Myers and unanimously approved. UPCOMING MEETINGS 1. Monday, July 2, 2018, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, Maryland ADJOURNMENT Mr. Myers made a motion to adjourn the meeting at 8:30 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING July 9, 2018 206 The Washington County Planning Commission held its regular monthly meeting on Monday, July 9, 2018 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Jeremiah Weddle, Denny Reeder, David Kline and BOCC Ex-Officio Leroy Myers. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director and Jill Baker, Deputy Director; Washington County Department of Plan Review & Permitting: Tim Lung, Director; Cody Shaw, Chief of Plan Review; and Lisa Kelly, Senior Planner. Chairman Wiley announced that the Preliminary/Final Plat for Ganesh LLC (S-18-013} was removed from this evening's agenda. MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the June 4, 2018 meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. SITE PLANS Sheetz (SP-18-013} Ms. Kelly presented for review and approval a site plan for the Sheetz rebuild of an existing store located at the intersection of National Pike and Mapleville Road at Beaver Creek. The property is currently zoned RV (Rural Village) with an RB (Rural Business) overlay. Total area of the site is 1.76 acres. The square footage of the new store will be 6,050 square feet. There will be a reduction in the canopy area; there will be no canopy in the front of the building. There will be a total of 6 pumps and an outside patio with tables. The two existing access points, one from National Pike and one from Mapleville Road, will continue to serve the site. Sewer is provided by a private on-site treatment system and water is provided by an on-site well. Required parking is 29 spaces; 40 spaces will be provided. The new Sheetz will have an order board and pick-up window at the rear of the building. The order board will allow for a 4 car stacking arrangement and the pick-up window will allow for the stacking of 2 cars. A parking space for waiting will also be provided adjacent to the travel lane. Handicapped spaces will be located at all 3 entrances into the building. A proposed freestanding sign will be located at the northeast corner of the site along with building mounted signs. Lighting will be building and canopy mounted with pole lights in the parking area. Solid waste will be provided by a screened dumpster located on the west side of the store. Storm water management will be provided by a bio-retention pond. Landscaping will be provided using various trees planted around the perimeter of the lot with perennials and ornamental grasses planted in the islands within the parking lot and around the dumpster area. All agency approvals have been received. Discussion and Comments: Mr. Wiley asked how the stacking is working at other locations with the implementation of drive-thru windows. A Sheetz representative stated that the stacking is working well with very little back-up. Motion and Vote: Commissioner Myers made a motion to approve the site plan as presented. The motion was seconded by Mr. Reeder and unanimously approved. Middletown Valley Bank (SP-18-007) Mr. Shaw presented for review and approval a site plan for a proposed Middletown Valley Bank located on a 0.69 acre parcel along the east side of Pennsylvania Avenue. The property is currently zoned BG (Business General). The hours of operation will be 8:00 a.m. to 5:00 p.m., Monday through Friday and 9:00 a.m. to 1:00 p.m. on Saturday. Parking required is 13 spaces; 20 spaces will be provided. Solid waste will be provided by a screened dumpster. The site will be served by public water from the City of Hagerstown and public sewer from Washington County. Storm water management will be addressed utilizing a non-rooftop disconnection and an infiltration berm. Forest Conservation Ordinance requirements will be met using the payment-in-lieu option in the amount of $1,352.54. Approvals are pending from Land Use Planning (waiting on PIL), City of Hagerstown Water/Sewer Department, Engineering and MD SHA. 206 Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan upon receipt of all outstanding agency approvals. The motion was seconded by Mr. Weddle and unanimously approved. FOREST CONSERVATION Buffington (S-18-020) Ms. Kelly presented a replat of Lot 4, Sweetwater Crossing and a request from Richard Buffington to vacate a small portion of the existing forest conservation easement created by a preliminary/final plat for Sweetwater Crossing, Lots 1-14. The purpose of the re plat is to show the proposed construction of a 950 square foot pole barn to be used for equipment storage. Lot 4 is part of a subdivision created in the early 2000s called Sweetwater Crossing. Forest Conservation Ordinance requirements were achieved at that time by putting existing forest (10.68 acres) in an easement. Lot 4 contains 3.3 acres of which 2.176 acres is located within the existing forest conservation easement. The pole barn would reduce the forest area by 1451 square feet. In order to mitigate for the loss of existing forest, the applicant is requesting the use of the payment-in-lieu. Motion and Vote: Mr. Weddle made a motion to approve the payment-in-lieu because this is a small area of forest to be removed and the layout of the property will not allow for the applicant's plans. The motion was seconded by Mr. Kline and unanimously approved. Vista Business Park (FP-18-003) Mr. Shaw presented for review and approval a forest conservation plan for Vista Business Park located along the south side of Showalter Road. The property is 83.33 acres in size and is currently zoned HI (Highway Interchange). The developer is requesting to clear 11.92 acres of forest and use the payment- in-lieu in the amount of $323,740.10 to meet Forest Conservation Ordinance requirements. Justification for using the payment-in-lieu is as follows: the site is located within a priority funding area (PFA); the site is zoned HI; there are no high priority areas for retention within the site; any specimen trees had already been removed or were in the process of being removed by the landowner at the time of the FSD preparation; on-site retention and/or planting would prohibit the development of the site as proposed; and forest cover in the vicinity of the airport is not desirable and poses safety concerns. Discussion and Comments: Mr. Wiley asked for clarification of the specimen trees that were removed. Mr. Paul Perini, the developer, stated that dead trees have been periodically removed over the past several years to clean up the property and specimen trees were removed to accommodate the farming activities that were taking place on the site. Motion and Vote: Commission Myers made a motion to approve the payment-in-lieu to meet Forest Conservation Ordinance requirements as presented. The motion was seconded by Mr. Reeder and unanimously approved. OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following for the month of June: Land Development/Permit reviews: 14 entrance permits; 13 grading permits; 2 non-residential construction permits; and 1 utility permit. New submittals for Subdivision/Land Development: 2 Forest Stand Delineations; 1 Forest Conservation Plan; 1 Town plan for Boonsboro; 2 Preliminary/Final subdivision plats; 4 Simplified plats; 9 Site Plans; 3 site specific grading plans; and 3 standard grading plans. Approvals for Land Development: 9 site plans; 2 Forest Stand Delineations; 2 Forest Conservation Plans; 1 Grading Plan; 2 Simplified plats; 1 Replat; 3 Preliminary/Final subdivision plats; 1 Final residential subdivision plat for Elmwood Farms; 1 Administrative Variance to create a lot without road frontage; and 1 Preliminary Plat/Site Plan. School Capacity Discussion Mr. Goodrich presented a brief summary relative to school adequacy determinations performed throughout the plan review process. He provided several spreadsheets to Commission members and briefly reviewed each. There was a brief discussion regarding developments that fail the school adequacy test, how mitigation is calculated, and methods to meet the mitigation requirement. Mr. Goodrich explained the Alternate Mitigation Contribution (AMC) which was developed in 2013. AMC standardized the required mitigation fee. 206 Comprehensive Plan Update Ms. Baker presented the Community Facilities recommendations. She reminded members that this element is required by State law to be included in the Comp Plan. Ms. Baker noted that she is currently working on the Economic Development and Housing elements. Staff anticipates having a draft ready by the first of next year to present to the new Board of County Commissioners. ADJOURNMENT Motion and Vote: Mr. Kline made a motion to adjourn the meeting at 8:30 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman. UPCOMING MEETINGS 1. Monday, August 6, 2018, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 C:lint Wiley, Chairman .· 1 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING August 6, 2018 207. The Washington County Planning Commission held its regular monthly meeting on Monday, August 6, 2018 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Jeremiah Weddle, Denny Reeder, and David Kline. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Cody Shaw, Chief of Plan Review; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:03 p.m. NEW BUSINESS MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the July 9, 2018 meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved. SUBDIVISIONS Rosehill Manor (PP-18-001) Mr. Shaw presented for review and approval a preliminary plat for Rosehill Manor located along the south side of Longmeadow Road. The property is currently zoned RS (Residential Suburban). The developer is proposing an age restricted residential development consisting of 175 residential lots (174 semi-detached lots; 1 single family dwelling) on 69.42 acres. The site is served by public water from the City of Hagerstown and public sewer from Washington County lines [treated by the City of Hagerstown]. Storm water management requirements will be met via a storm water pond facility. Forest Conservation Ordinance requirements are being addressed via on-site forest retention (12.29 acres), plantings (3.60 acres) and a payment-in-lieu for 0.08 acres. All agency approvals have been received. Motion and Vote: Mr. Kline made a motion to approve the preliminary plat as presented. The motion was seconded by Mr. Reeder and unanimously approved. SITE PLANS Big Cork Vineyard (SP-18-018) Mr. Shaw presented for review and approval a site plan for an expansion of the existing farm winery and banquet/reception facility at Big Cork Vineyard located along the west side of Rohrersville Road. The property is currently zoned P (Preservation). The hours of operation will remain unchanged. Total required parking is 13 spaces; 20 spaces will be provided. The site is served by an existing well and existing septic system. Storm water management for the building expansion will be provided in the existing bio-retention facilities. This site is exempt from Forest Conservation Ordinance requirements per Article 3.2G of the Ordinance. All agency approvals have been obtained with the exception of the Health Department. Discussion and Comments: Mr. Kline asked what purpose the room would serve. Mr. Gordon Poffenberger of Fox & Associates, Inc., the consultant, stated that the new room would be used for storage of new barrels and warehousing for crates of wine. Motion and Vote: Mr. Kline made a motion to grant staff the authority to approve the site plan upon receipt of Health Department approval. The motion was seconded by Mr. Weddle and unanimously approved. Long Delite Farm (SP-18-028) Mr. Shaw presented for review and approval a site plan for Long Delite Farm located along the east side of Speilman Road. The applicant is proposing a dairy product processing and sales facility located on a 208. 154.83 acre parcel. The property is currently zoned A(R) (Agricultural Rural). Proposed hours of operation are 10 a.m. to dusk. Total required parking is 8 spaces; 12 spaces will be provided. The site is served by a private well and private septic. Storm water management for the site will be handled via an on-site detention basin and the use of bio-retention areas. The site is exempt from Forest Conservation Ordinance requirements per Article 3.2G of the Ordinance. Motion and Vote: Mr. Weddle made a motion to grant staff the authority to approve the site plan upon receipt of all outstanding agency approvals. The motion was seconded by Mr. Kline and unanimously approved. Rockdale Solar (SP-18-020) Ms. Kelly presented for review and approval a site plan for Rockdale Solar to establish a solar energy generating system on 16.12 acres of leased land located along the south side of Clear Spring Road (MD Route 68) near Pinesburg. The property is currently zoned A(R) (Agricultural Rural). Access to the site will be via an existing lane connecting to Clear Spring Road. The solar panels will be supported by driven posts and will be 8-9 feet in height. The array will be 800 feet from Clear Spring Road. An existing berm will shield the site from the east and a 25 foot tree buffer will shield the site along the front and west side of the leased area. No signage or lighting is proposed and there will be no employees on site. The Board of Zoning Appeals approved a special exception to allow for the establishment of the solar energy generating system in August 2017. Forest Conservation Ordinance requirements will be met by retaining 7.32 acres of existing forest off-site on the Schetrompf property located on Bottom Road. All agency approvals have been received. Discussion and Comments: Mr. Weddle asked if there is a maintenance plan for the area around the solar panels. Mr. Gordon Poffenberger of Fox & Associates, Inc., the consultant, stated there will be a low-growing prairie grass planted which will be mowed two times a year. Mr. Weddle expressed his concern with regard to weeds around the panels that will go to seed and affect other farmers. Mr. Poffenberger stated that a maintenance plan could be developed for the site and given to staff. Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved. Mr. Wiley requested that the maintenance plan, when received, be forwarded by staff to the Planning Commission. R & L Carriers (SP-18-003) Ms. Kelly presented for review and approval a site plan for R & L Carriers located along the east side of Greencastle Pike. The property is currently zoned HI (Highway Interchange). The developer is proposing to construct a cross dock and warehouse on a 16 acre parcel. The proposed terminal will be 37,000 square feet. A 5,000 square foot office will be attached to the terminal and a 10,000 square foot 5 bay shop and 3 diesel fuel pumps will also be located on the site. The proposed building height will be 20 feet. The site will be served by public water and public sewer. There will be one access from Greencastle Pike. There will be 44 employees. Required parking is 45 spaces; 104 spaces will be provided. Site lighting will be building mounted and pole mounted throughout the parking lot. Signage will be building mounted. A proposed chain link fence will surround the truck parking area and the terminal. A gate will be located between this parking area and the employee/visitor parking in the front of the building. Landscaping will be provided in front of the building, in the employee parking lot and at the entrance to the site. Forest Conservation Ordinance requirements will be met by on-site retention of existing forest, on-site afforestation, and payment-in-lieu in the amount of $6,795.36. Total planting acreage required is 3.66 acres, which will be located to the rear of the site. All agency approvals have been received. Motion and Vote: Mr. Kline made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved. Vista Business Park (SP-18-019) Mr. Shaw presented for review and approval a site plan for a proposed distribution facility to be located along the south side of Showalter Road on 83.33 acres. The property is currently zoned HI (Highway Interchange). Hours of operation will be 24 hours per day, 7 days per week. Required parking is 944 spaces; 587 spaces will be provided. The Board of Zoning Appeals approved the reduction in the parking requirements on August 1, 2018. The site is served by public water from the City of Hagerstown and public sewer from Washington County lines [treated by the City of Hagerstown]. Storm water management for this site (proposed pond) is currently being reviewed. Forest Conservation Ordinance requirements will be met via a payment-in-lieu in the amount of $323,740.10 (approved by the Planning 209 Commission at its July 9, 2018 meeting). Mr. Shaw noted that a development plat will be forthcoming, which must be approved by the Planning Commission prior to site plan approval. Addressing has been approved; all other agency approvals are pending. Discussion and Comments: Mr. Wiley asked how tall the trees will be when initially planted. A representative of Trammel-Crowe, the developer, stated the trees will be 10 feet tall when planted. Mr. Wiley expressed his concern with regard to the residential development in close proximity of this site and the need to protect these residences from the commercial development being proposed. Mr. Weddle asked what species of trees will be used. The representative noted there will be various types of trees used. Mr. Weddle suggested that the developer seek recommendations from the State Forestry Department of the species of trees to be used because of the diseases affecting several species currently. A representative from Trammel-Crowe agreed the developer would seek recommendations from the State Forestry Department. Motion and Vote: Mr. Kline made a motion to grant staff the authority to approve the development plan as well as the site plan pending receipt of all agency approvals. The motion was seconded by Mr. Weddle and unanimously approved. OTHER BUSINESS Update of Staff Approvals An update for the month of July was not available. Anti-Harassment Training Discussion Mr. Goodrich presented Policy PR-13 -Anti-Harassment and Complaint Procedure which was adopted by the Board of County Commissioners on November 28, 2017. He explained that all employees as well as members of all Boards must receive training on this policy. There was a brief discussion regarding when this training will occur. It was decided that we will schedule the training tentatively after the September meeting. ADJOURNMENT Motion and Vote: Mr. Weddle made a motion to adjourn the meeting at 7:50 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. UPCOMING MEETINGS 1. Monday, September 10, 2018, 7:00 p.m., Washington County Planning Commission public meeting and regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 217.4.·0··j• .·· , . .·· _ Re~pe~/7;fu}IYlfl'r~:~\ / ½I I . I / \ / /'' 1/ 1' ;/ I Clint Wiley, Chairn;ian WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING September 10, 2018 210 The Washington County Planning Commission held a public rezoning information meeting and its regular monthly meeting on Monday, September 10, 2018 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Jeremiah Weddle, Denny Reeder, David Kline and BOCC Ex-Officio Leroy Myers. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Tim Lung, Director; Cody Shaw, Chief of Plan Review; and Lisa Kelly, Senior Planner. PUBLIC REZONING INFORMATION MEETING The Chairman called the public rezoning information meeting to order at 7:00 p.m. RZ-18-003 -P Overlook LLLP Staff Presentation Ms. Baker presented a proposed rezoning application for P Overlook LLLP for property located in the Sandy Hook area of Washington County. The northern boundary of the property is along Keep Tryst Road, the eastern boundary is along Sandy Hook Road, and to the west of the property is US 340. On the southern boundary there are 12 residential parcels along Sandy Hook Road. The subject parcel is 24.32 acres that is mostly wooded and currently vacant. The Sandy Hook election district is approximately 10,350 acres in size with a population of approximately 1,865 people. There is public water and public sewer within a reasonable distance from the site, which makes connection to public utilities possible. The Division of Environmental Management received a copy of this application; they have no objection to this request. Emergency services are provided by the Potomac Valley Volunteer Fire Company and Boonsboro Rescue Company. Both agencies received a copy of this application; no comments have been received from either agency. Schools serving this area include Pleasant Valley Elementary, Boonsboro Middle and Boonsboro High schools. Ms. Baker noted that the analysis of school adequacy shown in the Staff report was for illustrative purposes only. It is intended to give a current picture of school capacity; however, formal school adequacy tests are not performed until a development plan has been submitted to the County. Ms. Baker stated that US 340 is a State owned and maintained road that is classified as an "Other Principle Arterial Highway". This property would most likely be denied access from US 340 due to the "off ramp" of Keep Tryst Road and topographic limitations. Sandy Hook Road and Keep Tryst Road are County owned and maintained roads that are classified as Major Collectors. Access to the property may be from one or both of these roads depending upon traffic studies and sight distance analyses that would be required as part of the submittal of a subdivision application. There is no public transportation available at the site; however, the property is located within 5 miles of the Harper's Ferry MARC commuter train station. The property is currently surrounded by low density residential and agricultural uses as well as Federally owned open space. To the north there is a limited amount of commercial area that includes a gas station, a restaurant and a hotel. The property is located within 1,000 feet of the C & O Canal Towpath which doubles as a portion of the Appalachian Trail in this area. There are numerous historic resources located within½ mile of this property, most of which are associated with the Sandy Hook Rural Village. Ms. Baker explained that the "change or mistake rule" does not apply to this request. The applicant is requesting that a condition (9 lot density restriction) placed on the property by the Board of County Commissioners as part of a previous rezoning application (2003) be lifted. Washington County has no rules, policies, regulations or statutes that allow for the reconsideration of zoning decisions. Therefore, when no statute exists for the reconsideration of a quasi-judicial decision, common law rule is applicable. Under the common law rule, any petition requesting a rehearing or reconsideration must prove that the prior decision resulted from "fraud, mistake, surprise, or inadvertence". In this case, the applicant is claiming that the County erred in its application of the Rural Village district with the 9 lot density restriction (which the applicant claims the County had no authority to apply), and the subsequent Comprehensive Rural Area Rezoning should have negated the density restriction. Ms. 211 Baker presented a timeline of events relative to this property and addressed the applicant's claims as follows: 1. Claim: The nine lot density restriction imposed as part of the 2003 piecemeal rezoning was not permissible. Response: Previous court cases relative to this property have shown that the property owner, as well as the County Commissioners, were fully aware of the 9 lot density restriction and the property owners had numerous opportunities to appeal this decision and chose not to do so. 2. Claim: The Comprehensive Rural Area rezoning supplanted and replaced the 2003 piecemeal rezoning. Response: Ms. Baker provided Exhibit #1 within the staff report, which shows as part of the discussion and deliberation of the Board of County Commissioners and the Planning Commission, that the property was specifically addressed and defined with the 9 lot density restriction. Therefore, it is staff's opinion that it was the County Commissioners' intent to hold the restriction in the Rural Area Rezoning. Ms. Baker noted that several written public comments have been received prior to the public information meeting and have been distributed to Planning Commission members as part of its public record for review and deliberation. Applicant's Presentation Mr. Jason Divelbiss, legal counsel for the applicant, began his presentation by clarifying that this property is not the former location of the Hillside Motel as eluded to in the application materials. The reference to the motel was meant to be used as a reference point and the subject property is actually adjacent to the motel site. Mr. Divelbiss presented Applicant's Exhibit #1, a flowchart of events relative to the rezoning of this property. He noted that the current property owner is different than the applicant of the 2003 rezoning application request. Mr. Divelbiss noted that in 2006, the current owner of the property asked the Director of Planning & Zoning at that time, Michael Thompson, for a letter confirming the zoning classification of the property. Mr. Thompson confirmed the zoning was RV and still subject to the 9 lot density restriction from the 2003 piecemeal rezoning. After receipt of the letter, the applicant began a series of appeals. The first was an appeal of the Planning Director's confirmation of the 9 lot density restriction to the Board of Appeals, which denied the appeal on the basis of the rules of "equitable estoppel", which means the property owners were seeking to change the rules of the zoning after being complicit in the initial application of the zoning and density restriction. This decision was upheld by both the Circuit Court of Washington County and the Court of Special Appeals of Maryland. Mr. Divelbiss contends that neither the Circuit Court nor the Court of Special Appeals ruled upon the validity of the 9 lot restriction or if it should have survived the comprehensive rezoning. In the summer of 2016, the applicant submitted a concept plan for a 24 lot single-family dwelling development. The Rural Village zoning classification would allow a development of this size; however, the 9 lot density restriction was still in place. Following months of discussions with staff, the applicant sent a letter (Applicant's Exhibit #2), requesting staff and the County Commissioners to revisit the 9 lot density restriction from 2003 and take administrative action such that the 2005 comprehensive rezoning replaced and supplanted the 2003 rezoning. The applicant also requested that legislative action be considered to revisit the 2003 piecemeal zoning in the form of a public hearing with the Board of County Commissioners to discuss and determine if circumstances have changed that would justify revisiting the 2003 piecemeal action. In November of 2017, the County sent a letter to the applicant (Applicant's Exhibit #3) stating they would not take administrative nor legislative action as requested. Mr. Divelbiss expressed his opinion that this is not a reconsideration request. The reconsideration request and cases cited by staff are relative to quasi-legislative administrative actions (Board of Zoning Appeals decisions). He briefly explained a legislative administration action. He believes the subject of this case is the 2005 comprehensive rezoning, which is the last decision of record and is a legislative action of the County. Therefore, he expressed his opinion that this is a piecemeal rezoning using the "mistake" rule as the justification for this request. Mr. Divelbiss explained the components of the case as follows: 1. "The nine lot density restriction was an impermissible condition constituting contract zoning. Conditions or restrictions may be applied by a legislative body but only to improve 212 or protect the general character and design of the land being zoned. However, if those conditions go too far and extend beyond that limitation, they constitute illegal contract zoning. When a local government enters into an agreement whereby the government exacts a performance or promise in exchange for its agreement to rezone property, the government is engaged in illegal contract zoning." Mr. Divelbiss expressed his opinion that all properties with the same zoning classification should be treated the same; and, in this case, this property has a "custom" Rural Village zoning. This property is not being treated the same as other properties within the RV zoning designation. 2. Mr. Divelbiss stated that the applicant is not requesting a change in the zoning classification. In accordance with the Zoning Ordinance, the purpose of the Rural Village is to preserve the historic or rural character of existing villages, designed to prevent large amounts or inappropriately scaled development or uses that would detract from the existing rural or historic character of the village. He believes that the Rural Village designation is appropriate for this property regardless of the 9 lot density restriction. 3. Mr. Divelbiss addressed school capacity issues noting that two of the three affected schools have fewer students enrolled now than they did in 2005. In summation, Mr. Divelbiss believes that the density should be determined by the Planning Commission based upon the specific circumstances of the property and the surrounding areas just like any other property. Public Comment 1. Norman Richardson, 19646 Yarrowburg Road, Knoxville -Mr. Richardson gave a history of the Sandy Hook area and cited many concerns including access to the property, water and sewer capacity issues, and disposal of sewer that needs to be trucked out on a weekly basis. 2. Chris Elkins, 19028 Sandy Hook Road, Knoxville -Mr. Elkins expressed concern with regard to traffic issues and disturbance of the scenic viewshed. He expressed his opinion that homes in the area should be constructed on nothing less than 3 acre lots. 3. John Rhodes, 20629 Bent Willow Road, Rohrersville -Mr. Rhodes expressed his concern with regard to the number of proposed lots, the density of the development and sewer capacity issues. 4. Eric Whitenton, 556 Clark Road, Knoxville -Mr. Whittington is opposed to lifting the nine lot density restriction. He expressed concern with regard to roads and sewer capacity issues. 5. Steve Kidwell, 1500 Rohrersville Road, Knoxville -Mr. Kidwell expressed his concern with regard to traffic and sewer issues. 6. David Irwin, 19312 Keep Tryst Road, Knoxville -Mr. Irwin concurs with all comments previously made. He spoke on the historic significance of the area and he does not believe that a large density development would fit the character of the area. 7. Judy Lyons Wolf, 914 Valley Road, Knoxville -Ms. Lyons Wolf is opposed to lifting the nine lot density restriction. She expressed her opinion that it would be a mistake to have a large residential development in close proximity to a historic area that is near two national parks. She expressed concern with regard to sewer capacity issues and flooding. It was noted that development around the subject site is contained on larger lots. Also of concern is the scenic viewshed that contains parks, rivers and trails. 8. Patty Villarosa, 549 Prospect Hill Road, Knoxville -Ms. Villarosa expressed concern with regard to traffic and safety issues. She also expressed concern for the wildlife in the area and the scenic viewshed. 9. Mike Brown, 19112 Sandy Hook Road, Knoxville -Mr. Brown stated that he moved to the area about a year ago because of the beautiful view and the quiet nature of the area. He noted that they purchased their property with the understanding there would only be 9 homes on the subject site. He is opposed to lifting the nine lot density restriction. 10. Diane Younkins, 19514 Keep Tryst Road, Knoxville -Ms. Younkins expressed her opinion that no mistake was made in 2003 when the 9 lot density restriction was applied because the case has been through numerous hearings and court appeals. She expressed concern with regard to increased density, public services, traffic and congestion issues, the scenic viewshed, and the impact on historic resources. 11. Albert Villarosa, 549 Prospect Hill Road, Knoxville -Mr. Villarosa is opposed to lifting the nine lot density restriction. He expressed concern with regard to flooding and erosion if the subject parcel is cleared for development and overcrowding in the schools. Mr. Villarosa believes that higher density development will increase crime in the area. 213 Applicant's Rebuttal • Mr. Divelbiss discussed public water and sewer concerns and reiterated that the Department of Water Quality reviewed this application and had no objection to the request. The Staff Report states that the subject site is in a W-3/S-3 Programmed Service Area which means that service of both public water and public sewer will be provided at some point in the future. • Mr. Divelbiss stated that townhouses, apartments and duplexes are not permitted in the RV zone. The minimum size lot permitted in the RV district is 20,000 square feet which would yield a maximum of 52 dwelling units. It was noted that this applicant has never submitted plans for a development with more than 34 dwelling units; the most recent plan was 24 dwelling units. • With regard to comments made that this property was previously zoned Conservation, Mr. Divelbiss stated that the property was not zoned Conservation, but from 1983 to 2003 it was zoned BG (Business General) which would have allowed commercial uses. • He expressed his opinion that due to the property's close proximity to US 340 (a principle arterial highway) and Keep Tryst Road and Sandy Hook Road (both major collectors), this is where development should take place. • With regard to flooding and erosion concerns, Mr. Divelbiss stated that storm water management regulations must be followed during development and are designed to prevent any additional quantity or velocity of water from the site from pre-development to post- development condition. Mr. Divelbiss stated that all property owners have rights, not only those opposed to lifting the 9 lot density restriction, but also the owner of the subject property. He believes the 9 lot restriction makes the use of this property unviable which is unfair to the property owner. Discussion and Comments: Mr. Weddle asked if the owners were aware of the 9 lot density restriction when the property was purchased. Mr. Divelbiss stated they were aware of the restriction. Mr. Weddle asked what the "positives" would be in lifting the 9 lot restriction. Mr. Divelbiss expressed his opinion that "positives and negatives" are subjective. However, he believes that the development would occur in an area where both the Comprehensive Plan and the Water & Sewerage Plan expect growth and development to occur. There was a brief discussion regarding the previous zoning of the property, what the effects may have been if the 9 lot density restriction had not been placed on the property in 2003, and if a mistake was made during the comprehensive Rural Area rezoning in 2005 not that the property was zoned RV with the density restriction, but that it should have been zoned Environmental Conservation (EC). The public rezoning information meeting was closed at 8:33 p.m. NEW BUSINESS MINUTES Mr. Reeder stated that Mr. Divelbiss has requested clarification and a change to the minutes of an approval given last month for the Vista Business Park. After reviewing the minutes, members did not believe that any changes were needed to the minutes as presented. Motion and Vote: Mr. Reeder made a motion to approve the minutes of the August 6, 2018 meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. MODIFICATIONS Hays Investments LLC [OM-18-005) Mr. Shaw presented for review and approval a modification request to Subdivision Ordinance Section 405.11.B and 307.2.E to allow the creation of a lot without public road frontage and to allow the 10,000 sq. ft. septic reserve area for Lot 1 to be placed on the proposed adjacent Lot 2. The property is located at 20504 Jefferson Boulevard and is currently zoned RT (Residential, Transition). There are two existing dwellings on the property. All reviewing agency approvals have been received. Discussion and Comment: Mr. Schreiber of Frederick, Seibert & Associates, the consultant, gave a brief history of the property and explanation of the request. Motion and Vote: Commissioner Myers made a motion to approve the modification request as presented. The motion was seconded by Mr. Kline and unanimously approved. 214 Anne Roth & Joey Thorn [OM-18-006] Mr. Shaw presented for review and approval a modification request from Section 16A.5 of the Washington County Zoning Ordinance. The applicant is requesting a reduction in the rear yard setback from 40 feet to 12 feet to accommodate the addition of a mother-in-law suite to the back of the house. The property is located at 11507 Woodview Court and is currently zoned RS/PUD (Residential Suburban, Planned Unit Development). The Planning Commission is empowered to modify setbacks in a PUD in its authority to modify and approve PUD Development Plans. The applicant provided letters from the two neighboring property owners that would be most affected by this change; they have no objections. Motion and Vote: Commissioner Myers made a motion to approve the modification request as presented. The motion was seconded by Mr. Kline and unanimously approved. SITE PLANS Cascade Auto Wholesalers Inc. [SP-18-029] Mr. Shaw presented for review and approval a site plan for Cascade Auto Wholesalers located along the north side of Beaver Creek Road. The property is currently zoned HI (Highway Interchange). The applicant is proposing a used car dealership on a 5.57 acre parcel. The hours of operation are 9:00 a.m. to 5:00 p.m., Monday thru Saturday. Total required parking is two spaces; 43 spaces will be provided. The site will be served by private well and private septic. Storm water management for this site is exempt because there is less than 5,000 square feet of disturbance. The site is also exempt from Forest Conservation requirements because there will be under 20,000 square feet of disturbance. Approvals are pending from land Use Planning, Addressing, City of Hagerstown Sewer Department, and the Health Department. Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan once all agency approvals have been received. The motion was seconded by Commissioner Myers and unanimously approved. Elmwood Farm Bed & Breakfast Reception Facility [SP-18-019] Ms. Kelly presented for review and approval a site plan for the Elmwood Farm Bed & Breakfast Reception Facility located at 16413 Kendle Road. The property is currently zoned RS (Residential, Suburban). The proposed banquet and reception facility would be located in the downstairs {3,140 sq. ft.) of an existing barn with an 8,528 sq. ft. patio in front of the barn for outdoor entertaining. Access to the site will be off of Kendle Road. The hours of operation will be Friday thru Sunday, May thru October from 3:00 p.m. to 10:30 p.m. A condition of the Board of Appeals' approval of the Banquet/Reception Facility is that all events must end by 10:30 p.m. There will be two employees. There will be 110 parking spaces; five of these spaces will be paved for handicap accessibility. A variance from parking requirements was also granted by the Board of Appeals. Event capacity will be a maximum of 220 persons [also a condition of the Board of Appeals' approval]. Offsite caterers will provide the food; there will be no on-site food preparation. Deliveries will be one UPS truck per week. The site is served by public water from the City of Hagerstown and private septic. Solid waste will be stored inside. There will be no new signage and no new lighting. Temporary lighting will be used when needed. Forest Conservation requirements will be met by retaining existing forest on the site. The Board of Appeals also granted a reduction in the right side yard setback from 100 feet to 88 feet, parking on grass surfaces, and all speakers must face towards the barn and not exceed a measured peak volume of 103dBa at a distance of six feet from the source. Approvals are pending from the City of Hagerstown Water Department and the Health Department; all other reviewing agency approvals have been received. Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan upon receipt of all agency approvals. The motion was seconded by Mr. Kline and unanimously approved. Emerald Pointe PUD, Phase 3, Section 2 [PSP-18-001] Ms. Kelly presented for review and approval a preliminary plat/site plan for Emerald Pointe PUD, Phase 3, Section 2 located along the south side of Longmeadow Road. The property is currently zoned RT/PUD (Residential, Transition/Planned Unit Development overlay). The developer is proposing to create 14 semi-detached lots and 3 townhouse lots on 5.62 acres. There will be 1.27 acres of open space. All lots will be served by public water and public sewer. Parking required is two spaces per unit; two garage spaces plus two driveway spaces will be provided. Access to these lots will be off of a newly constructed public street. Two of the lots will have a shared access/driveway onto Longmeadow Road. There will be an additional access from the PUD onto Longmeadow Road and will be right in and right out only. 215 Sidewalks will be located along Marquise Drive and Longmeadow Road. Street lights will be installed along the interior streets. RV parking will be provided in future sections of the development. Discussion and Comments: There was a brief discussion regarding the entrapce onto Longmeadow Road and safety concerns. Mr. Wiley expressed his opinion that access to busier roads should be limited in the future. Motion and Vote: Mr. Kline made a motion to approve the preliminary plat/site plan as presented. The motion was seconded by Commissioners Myers and unanimously approved. OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following for the month of July: Land Development/Permit reviews: 7 entrance permits; 1 floodplain permit; 11 grading permits; 1 non-residential construction permit; and 3 utility permits. New submittals for Subdivision/Land Development: 4 storm water concept plans; 2 Forest Stand Delineations; 2 standard storm water plans; 1 ordinance modification; 1 subdivision replat; 1 Preliminary/Final subdivision plats; 2 Simplified plats; 1 Preliminary Subdivision plat; 3 Site Plans; 4 site specific grading plans; and 5 standard grading plans. Approvals for Land Development: 4 site plans; 8 site plan red-line revisions; 4 site specific grading plans; 1 Grading Plan; 1 Simplified plats; 1 Replat; 2 Preliminary/Final subdivision plats; and 1 Final residential subdivision plat for Freedom Hills, Section C-1. Mr. Lung reported the following for the month of August: Land Development/Permit reviews: 22 entrance permits; 28 grading permits; 2 non-residential construction permits; and 8 utility permits. New submittals for Subdivision/Land Development: 1 storm water concept plan; 4 standard storm water plans; 1 ordinance modification; 1 subdivision replat; 6 Final plats; 4 Preliminary/Final subdivision plats; 2 Site Plans; 1 site specific grading plan; and 7 standard grading plans. Approvals for Land Development: 3 site plans; 6 site plan red-line revisions; 2 site specific grading plans; 3 Forest Stand Delineations; 4 Simplified plats; 2 Replat; 1 Preliminary plat; and 1 Preliminary Plat/Site Plan. ADJOURNMENT The Chairman adjourned the meeting at 9:20 p.m. UPCOMING MEETINGS 1. Monday, October 1, 2018, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 /1 Respe'ctfully submitted, i ',' __ ,! . ; .J•,17 ___ 1 ;;.. . _/ ll!f/ i 1 :;, ----.• .. / .. , ¥;1.1 ·1/·· ! / . . · .-!tf;,W / . j/ / t1int Wiley, Chair/an ( WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING October 1, 2018 216 The Washington County Planning Commission held its regular monthly meeting on Monday, October 1, 2018 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Andrew Bowen, Jeremiah Weddle, Denny Reeder, David Kline and Robert Goetz, Jr. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Tim Lung, Director; and Lisa Kelly, Senior Planner. The Chairman called the meeting to order at 7:00 p.m. -OLD BUSINESS RZ-18-003 -P Overlook LLLP Presented for discussion and recommendation was a map amendment application for P Overlook LLLP. The property, which is currently zoned RV (Rural Village) is located at the intersection of MD Route 340 and Keep Tryst Road and is 24.32 acres in size. The applicant is requesting that a condition (9 lot density restriction) placed on the property by the Board of County Commissioners as part of a previous rezoning application (2003) be lifted. This request was heard at a public information meeting on September 10, 2018 by the Planning Commission at which time public comment was taken. Discussion and Comments: Mr. Kline stated that he is opposed to lifting the 9 lot density restriction and explained his reasons for the objection. During the public information meeting, one citizen reminded Commission members that the 9 lot density restriction has been the subject of multiple appeals and has had several reviews by a number of legal entities including the Planning Commission, the Board of County Commissioners, and the courts. The original restriction was upheld by both the Circuit Court for Washington County and the Maryland Court of Special Appeals. Mr. Kline believes the developer knowingly made the agreement with the County in order to get the zoning that he wanted for the property in 2003. He expressed his opinion that the applicant has not made any compelling argument that would warrant a change. Mr. Reeder and Mr. Weddle both concurred with Mr. Kline's comments. Motion and Vote: Mr. Kline made a motion to recommend denial of the request to remove the 9 lot density restriction to the Board of County Commissioners because there has been no convincing evidence that it should be removed and the multiple evaluations of the case have never indicated that the restriction is improper. The motion was seconded by Mr. Weddle and unanimously approved. -NEW BUSINESS MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the September 10, 2018 meeting as presented. The motion was seconded by Mr. Kline and unanimously approved with Mr. Goetz abstaining from the vote. SUBDIVISIONS Hunter's Green Business Park, Lots 11 thru 13 (S-18-031) Ms. Kelly presented for review and approval a preliminary/final plat for Hunter's Green Business Park, Lots 11 thru 13. The site is located east of Williamsport Pike, north of 1-70 and adjacent to French Lane. The property is currently zoned HI (Highway Interchange). The developer is proposing to subdivide 3 lots for commercial purposes. Service Truck and Tire currently exists on Lot 11. Lot 12 contains .804 acres of land and Lot 13 contains 2.9 acres of land, both of which are currently undeveloped. Public water and public sewer service all three lots. Any development on Lots 12 and 13 would require a site plan. Forest Conservation Ordinance requirements were address previously during the development of Hunter's 217 Green Business Park. All agency approvals have been received with the exception of the City of Hagerstown Water Department and the Health Department. Motion and Vote: Mr. Bowen made a motion to grant staff the authority to approve the preliminary/final plat upon receipt of all pending approvals. The motion was seconded by Mr. Weddle and unanimously approved. SITE PLANS Sharpsburg Elementary School [SP-18-031) Ms. Kelly presented for review and approval a site plan for the proposed Sharpsburg Elementary School located on the south side of Shepherdstown Pike (Route 34). The existing school will remain open and in service until the new school is constructed. The old school will be demolished once the new school opens in 2020. The site is 11.54 acres in size and is currently zoned Preservation with Antietam Overlay 2. The proposed school will be one story at the front and two stories will be exposed at the rear elevation due to the sloping site. The building will be approximately 502,776 square feet in size. There will be a center courtyard and several play areas. The existing access from Shepherdstown Pike will remain in service and will be extended and redesigned to provide individual staff/visitor parking and bus parking/ student pickup. Ten bus parking spaces will be provided and 100 staff/visitor parking spaces will be provided {99 spaces are required). Public water and public sewer will be provided by the County systems that serve the Town of Sharpsburg. The existing sign at the entrance will remain. Lighting will be building mounted and pole lighting will be provided throughout the parking lot. Dumpsters will provide solid waste disposal. Sidewalks will be installed around the school and a new sidewalk will connect with an existing one along Shepherdstown Pike. The Board of Appeals granted a variance in November 2017 from the minimum 100 foot left side yard setback to 89 feet and from the 50 foot rear yard setback to 42 feet. Landscaping will include many species of trees, shrubs, grasses and perennials. Forestation requirements will be met by retaining existing forest off-site at the Fairview Outdoor School. An easement plat is currently being reviewed. A conditional approval has been received from the Soil Conservation District. The Washington County Department of Water Quality is currently reviewing revisions. Forest Conservation review is on-going. All other agency approvals have been received. A Forest Stand Delineation has been prepared for the site. Discussion and Comments: Mr. Reeder asked if there would be any changes to the entrance on Shepherdstown Pike. Mr. Robert Rollins with the Board of Education stated there are no plans for a traffic signal; however, the entrance will be widened to allow for two lanes exiting the site and one lane coming into the site. Mr. Bowen asked how many students will be attending the new school when it opens. Mr. Brad Otto with the Board of Education stated that the maximum capacity at the school will be 471 students; however, upon opening there will be approximately 420 students. There was a brief discussion regarding the stacking of vehicles when parents are dropping off or picking up students. Mr. Goodrich gave a brief presentation regarding the Forest Conservation Plan that has been submitted. He noted that three specimen trees have been identified on the site: a 32" Oak tree, a 34" Locust tree, and a 40" Mulberry tree. The site plan indicates that most of the site will be affected by grading; therefore, the specimen trees will need to be removed. The State Forest Conservation Act and the County's Forest Conservation Ordinance require that specimen trees of 30" or greater must be kept on the site unless the Planning Commission grants a variance to allow their removal. Mr. Goodrich stated that the applicant provided justification for why the trees need to be removed. The applicant's consultant that prepared the Forest Stand Delineation noted that the Locust and Mulberry trees were nearing the end of their expected lifespan and in a state of decline. Protective measures would be expensive and would not guarantee survival. The Oak tree would be negatively impacted by the required ADA accessible sidewalk and protective measures may or may not insure survival. The justification also noted that these trees were not present during the Civil War. Mr. Goodrich stated that the landscaping plan for this project shows 77 new trees to be planted on the site, which will be 8 to 10 feet tall upon installation. Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan upon receipt of all agency approvals. The motion was seconded by Mr. Goetz and unanimously approved. Motion and Vote: Mr. Bowen made a motion to approve a variance from the Forest Conservation Ordinance to allow removal of the specimen trees. The motion was seconded by Mr. Weddle and unanimously approved. 218 Motion and Vote: Mr. Weddle made a motion to approve the Forest Conservation Plan. The motion was seconded by Mr. Kline and unanimously approved. -OTHER BUSINESS Update of Staff Approvals Mr. Lung reported the following for the month of September: Land Development/Permit reviews: 5 entrance permits; 12 grading permits; 1 non-residential construction permit; 1 non-residential agricultural certificate and 2 utility permits. New submittals for Subdivision/Land Development: 1 storm water concept plan; 1 standard grading plan; 3 Forest Stand Delineations; 1 subdivision replat; 3 Preliminary/Final subdivision plats; 1 Simplified plat; 1 redline revision for Fahrney-Keedy Bowman Addition; and 1 site plan for the former Sears re-use. Approvals for Land Development: 2 Ordinance modifications (both reviewed by the Planning Commission); 1 simplified plat; 1 Preliminary/Final plat for Emerald Pointe, Phase 3, Section 2; 1 Preliminary/Final plat for a single lot residential subdivision; 1 minor site plan for Potomac Playmakers; 1 site plan for Long Delite Farm; and 1 red line revision. Mr. Lung explained that the site plan for the reuse of the Sears building meets the criteria for a staff approved site plan. The former Sears anchor store had a footprint of 124,000 square foot. The developer is proposing a 25,521 square foot expansion on the west side of the existing building that will house four separate retail spaces consisting of one 59,992 square foot space, one 45,100 square foot space, one 29,763 square foot space and one 6,101 square foot space. The entire Valley Mall is under a cross parking easement agreement established when the Mall was first developed. Parking spaces provided is 5,027 spaces including 119 handicap spaces; 5,006 parking spaces are required per the County's Zoning Ordinance. No additional water or sewer allocation will be needed for this development. As part of the plan, are improvements to the existing parking islands. -ADJOURNMENT Mr. Goetz made a motion to adjourn the meeting at 7:40 p.m. The motion was seconded by Mr. Bowen and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, November 5, 2018, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 I , I l/ 219 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING November 5, 2018 The Washington County Planning Commission held its regular monthly meeting on Monday, November 5, 2018 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Andrew Bowen, Jeremiah Weddle, Denny Reeder, David Kline and Robert Goetz, Jr. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director and Jill Baker, Deputy Director; Washington County Department of Plan Review & Permitting: Tim Lung, Director and Lisa Kelly, Senior Planner. The Chairman called the meeting to order at 7:00 p.m. -NEW BUSINESS MINUTES Motion and Vote: Mr. Kline made a motion to approve the minutes of the October 1, 2018 meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved. MODIFICATIONS Clemet Moyer, Lot 1, Parcel A [OM-18-009] Ms. Kelly presented for review and approval a modification request to create a 24 acre simplified lot for conservation purposes only, not for development, located at 14522 Strite Road. The modification is being requested to assist in the settlement of an estate. A preliminary/final subdivision plat is also being reviewed by the Department of Plan Review. Comments and Discussion: There was a brief discussion regarding the septic rights for each lot. Mr. Weddle expressed his opinion that the septic system rights should be assigned to specific parcels at this time rather than in the future. Motion and Vote: Mr. Weddle made a motion to grant staff the authority to approve the modification request with septic system rights being assigned to specific parcels. The motion was seconded by Mr. Kline and unanimously approved. Merritt Birky [OM-18-010] Mr. Lung, on behalf of Mr. Shaw, presented a modification request to create three stand-alone, not for development, parcels located at 5321 Amos Reeder Road. These lots are to be conveyed to immediate family members for estate planning purposes. When development is proposed on these lots, a development plat will be required, which must be reviewed and approved by the Planning Commission. Motion and Vote: Mr. Kline made a motion to approve the modification request as presented. The motion was seconded by Mr. Goetz and unanimously approved. SITE PLANS Kevin Rowe -Washington Springs [SP-18-035] Mr. Lung, on behalf of Mr. Shaw, presented for review and approval a site plan for a proposed commercial winery and event center located at 24900 Raven Rock Road. The property is 143.20 acres in size and is currently zoned EC (Environmental Conservation). The applicant was granted and special exception by the Board of Zoning Appeals to allow the proposed use on this site. As part of the special exception, the applicant requested parking to be permitted on a non-paved surface; this request was granted. Total required parking spaces is 208; total parking provided is 209 spaces. The hours of operation will be Friday, 4 to 10 p.m., Saturday, 12 to 10 p.m., and Sunday, 12 to 8 p.m. The site will be served by well and septic. The site is exempt from storm water management regulations because there is less than 5,000 square feet of disturbance. The site is also exempt from Forest Conservation Ordinance requirements because there is less than 20,000 square feet of disturbance. Approvals are pending from the Maryland State Highway Administration, Soil Conservation District and the Health Department; all other agencies approvals have been received. 220 Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan upon receipt of all agency approvals. The motion was seconded by Mr. Bowen and unanimously approved. -OTHER BUSINESS Perry and Melissa Brazil [RZ-18-004) Ms. Baker presented for review and approval a request to remove part of the RB (Rural Business) floating zone on a 7.47 acre parcel of property located at 11200 Wolfsville Road. The applicants are requesting to remove 3 acres from the RB floating zone and have it reverted back to Environmental Conservation zoning. The reason for this request is because the applicants wish to sell this property but are having trouble doing so with the business attached. If the request is granted, the applicant could sell the house and business property separately which would allow the business to continue. Motion and Vote: Mr. Reeder made a motion to approve the request as presented. The motion was seconded by Mr. Bowen and unanimously approved. Neil Auto Body Mr. Lung presented for review and approval a request to waive the requirement for public water and sewer service to a proposed building addition at 13003 Salem Avenue. A site plan is currently being reviewed by the Department of Plan Review for a 4,600 square foot addition to an existing business. Public water and sewer is available in the vicinity of this site but not directly adjacent to the site. The Washington County Health Department reviewed this request and responded as follows: "Pending acceptance of the proposed on-site evaluation, the Washington County Health Department does not object to a waiver of the Zoning Ordinance's requirement that the new development shown on this plan be served with public water and sewer facilities is granted only as an interim measure. The waiver would be specific to this plan only and would not prohibit the owner from connecting to public water or sewer in the future or prohibit the health department or a service providing agency from requiring connection to public water or sewer when available or upon review of any plans for additional development or use." The Health Department is requesting that additional testing to enlarge the septic reserve area be performed. Motion and Vote: Mr. Bowen made a motion to approve the request as presented. The motion was seconded by Mr. Kline and unanimously approved. Update of Staff Approvals Mr. Lung reported the following for the month of October: Land Development/Permit reviews: 12 entrance permits, 13 grading permits, 2 non-residential construction permits, 1 flood plain permit and 2 utility permits. New submittals for Subdivision/Land Development: 3 storm water concept plans; 3 forest stand delineations, 1 subdivision replat, 3 site specific grading plans, 2 ordinance modifications, 1 traffic impact study, 5 preliminary/final subdivision plats and 3 simplified plats. Approvals for Land Development: 1 ordinance modification, 1 simplified plat, 1 preliminary/final plat, 3 forest stand delineations, 1 forest plan, 1 site specific grading plan, 1 subdivision replat, 1 final plat (Emerald Pointe), 1 preliminary/final plat and site plan for the Shoppes at Sharpsburg Pike, Lot 1, 1 minor site plan for a parking lot addition at Mt. Aetna Camp & Retreat, and 4 red line revisions. -ADJOURNMENT Mr. Goetz made a motion to adjourn the meeting at 7:50 p.m. The motion was seconded by Mr. Bowen and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, December 3, 2018, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 Clint Wiley, Chair WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING December 3 2018 221 The Washington County Planning Commission held its regular monthly meeting on Monday, December 3, 2018 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Andrew Bowen, Jeremiah Weddle, Denny Reeder, and Robert Goetz, Jr. Staff members present were: Washington County Department of Planning & Zoning: Stephen Goodrich, Director and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Tim Lung, Director. The Chairman called the meeting to order at 7:00 p.m. A request was made by staff to add the following item to the evening's agenda: Emerald Pointe PUD Commercial Area Building Mounted Signage. Motion and Vote: Mr. Bowen made a motion to add the above item to the agenda. The motion was seconded by Mr. Goetz and unanimously approved. -NEW BUSINESS MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the November 5, 2018 meeting as presented. The motion was seconded by Mr. Goetz and unanimously approved. -OTHER BUSINESS Lee Downey Concept Plan Mr. Lung presented for review and approval a request to waive the requirement in Section 7.A.6(a) of the Zoning Ordinance which states that "All new development in the Residential Transition District shall be served by public water and sewer facilities approved by the Washington County Health Department". The applicant is proposing to convert a previously approved parcel not for development into a developable lot. The lot will contain 1.30 acres and a proposed residential dwelling site. The property is located along the east side of Kemps Mill Road and is currently zoned RT (Residential Transition). Existing property in the vicinity is served with private wells and septic systems. Mr. Lung noted there is existing water service in close proximity to the lot; however, the configuration of the water line would require looping of the line which would consist of approximately 1100 feet of line to achieve the loop. The applicant is requesting approval of the lot with a private well and septic system. All agencies involved in the review of this request have no objection to the waiver. A memo from the Washington County Health Department states, "The waiver would be specific to this plan only and would not prohibit the owner from connecting to public water or sewer in the future or prohibit the Health Department or a service providing agency from requiring connection to public water or sewer when available or upon review of any plans for additional development or use." Motion and Vote: Mr. Bowen made a motion to approve the waiver request as presented. The motion was seconded by Mr. Weddle and unanimously approved. Emerald Pointe PUD Commercial Area -Building Mounted Signage Mr. Lung presented for review and approval a modification to the Zoning Ordinance bulk requirements for a PUD. The applicant is requesting that the Planning Commission permit building mounted signage to face an adjoining residential zoning district located across Marsh Pike from the Emerald Pointe PUD. Mr. Paul Crampton, developer, stated that signs will not be flashing and will be turned off after 11:00 p.m. or midnight. Discussion and Comments: Mr. Bowen expressed his opinion that there are several buffers between the proposed signs and the residential development including trees, a parking lot and a roadway. Mr. Bowen stated that he has reviewed the Ethics Ordinance. He noted that his brother is the architect for this development; however, he [Andrew Bowen] does not have any financial interest in his brother's 221 business or in this development. Mr. Goetz stated that Middletown Valley Bank has no financial interest in this development either. Motion and Vote: Mr. Weddle made a motion to approve the building mounted signage as presented. The motion was seconded by Mr. Reeder and unanimously approved. Update of Staff Approvals Mr. Lung reported the following for the month of October: Land Development/Permit reviews: 15 entrance permits, 11 grading permits, 1 flood plain permit, 1 utility permit and 3 non-residential agricultural certificates. New submittals for Subdivision/Land Development: 5 storm water concept plans, 4 forest stand delineations, 1 traffic impact study, 1 ordinance modifications, 1 preliminary/final subdivision plat, 1 red-line revision and 1 simplified plat. Approvals for Land Development: 2 ordinance modifications, 1 preliminary/final plat, 3 forest stand delineations, 1 forest conservation plan, 3 grading plans, 2 simplified plats, 2 final plats (Hunter's Green Business Park; Shoppes at Sharpsburg Pike), 1 site plan and 3 red line revisions. Annual Report Mr. Goodrich presented for review the annual report. He distributed a draft copy of the Report and gave a brief summary. He noted there were a total of 10 zoning changes, 9 map amendments and 1 text amend- ment; 3 of the map amendments were withdrawn before decisions were made and the text amendment was approved. There was a brief discussion regarding the number of permits issued inside and outside the PFAs. It was noted that we are very close to our target of 80% growth inside the PFAs; number of lots approved is 96% in the PFAs; minor subdivisions and total approved subdivision area is just below 80%. Mr. Weddle made an inquiry regarding the acreage of agricultural land lost. There was a brief discussion regarding the 7 lot subdivision restriction now in place, how we can manage growth and the offering of incentives to manage growth. Motion and Vote: Mr. Bowen made a motion to approve the Annual Report. The motion was seconded by Mr. Goetz and unanimously approved. -ADJOURNMENT Mr. Goetz made a motion to adjourn the meeting at 8:22 p.m. The motion was seconded by Mr. Reeder and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, January 7, 2019, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740