HomeMy WebLinkAbout2000 Minutes144
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -JANUARY 3,2000
The Washington County Planning Commission held its regular meeting on Monday,January 3,
2000 in the County Commissioners Meeting Room.
Members present were:Chairman,Bernard 1.Moser;Vice-Chairperson,Paula Lampton;R.Ben
Clopper,Robert Nichols;Don Ardinger,and Ex-Officio,Bertrand Iseminger.Staff:Planning
Director,Robert C.Arch;Chief Senior Planner,Stephen Goodrich;Senior Planners,Timothy A.
Lung and Lisa Kelly Pietro.Absent was Robert Ernst,II.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
NEW BUSINESS:
Subdivisions:
Fieldstone Acres,Preliminary/Final Plat:
Mr.Lung presented the preliminarylfinal plat for Fieldstone Acres,lots 31 through 57.The
subject site is located on the west side of White Hall Road north of Beaver Creek Road,east of
Hagerstown.Mr.Lung stated that this is the development of the final phase of Fieldstone Acres,
27 lots on 52 acres,zoned Agriculture.He stated that last October,the Planning Commission
denied subdivision plat approval due to the plan not meeting the Engineering Department's
requirement that a through connection be made into the existing section of the development.He
said that the developer has redesigned the plan to address these concerns and the Engineering
Department has approved.He stated that he is waiting for a revised plat addressing some
technical items on both the forest conservation plan and the subdivision plat and that all other
agency approvals have been received.In regards to forest conservation,Mr.Lung stated that the
Commission had previously indicated that forest conservation should be handled on site.He
stated that there is no existing forest on the site and that based on the worksheet there would be
10.31 acres of afforestation required.He added that the Planning Commission had also indicated
that the best location for the forest would be in the vicinity of the adjoining agricultural property
to serve as a buffer and that has been done.He said there are 7.3 acres of forest planting area
around the outer perimeter and another 3.1 in the interior.He proceeded to review the types of
trees to be planted.He said the Planning Commission should act on the amount and form of
forest conservation surety for the planting area.He stated that the consultant has indicated that
the developer wants to post a letter of credit in the amount of $45,202.21 which is based on 10
cents per square feet of planting area.Mrs.Lampton made a motion to grant preliminary/final
plat approval contingent on agency approvals and to approve the letter of credit in the amount of
$45,202.21 for the forest conservation surety.Seconded by Mr.Nichols.So ordered.
South Pointe PUD -Preliminary Plat Phase IlIA and IlIB:
Mrs.Pietro presented the preliminary plat for Phases IlIA and IlIB of South Point PUD.The
subject site is located along the north side of East Oak Ridge Drive and is zoned RS -PUD.The
developer is proposing in Section IlIA to create 16 single family lots on 6.3 acres.Public water
and sewer will serve this area and access will be to a new road,Holbrook Drive.The site is
exempt from forest conservation.In Section IlIB,the developer is proposing to create 12 single
family lots on 5.64 acres.Public water and sewer will also serve the site and access will be onto
South Point Drive.This phase is also exempt from the Forest Conservation Ordinance.All
agency approvals have been received.A discussion followed.Mr.Iseminger made a motion to
grant preliminary plat approval for Phases IlIA and IlIB.Seconded by Mrs.Lampton.So
ordered.
145
Site Plans:
PSI Expansion:
Mr.Lung presented the site plan for Packaging Services,Inc.,a building and parking lot
expansion.He stated that their existing facility is located in the 70/81 Industrial Park at the end
of Elliott Parkway.The property is zoned Industrial General.Mr.Lung explained that this plan
involves the expansion of the corrugated board manufacturing facility.The proposed expansion
is approximately 325 x 200 feet in size.There will be an additional parking area and stormwater
management improvements.Mr.Lung stated that the expansion will result in 5 additional
employees.All agency approvals except for Permits have been received.Mr.Lung stated that in
regards to staffs comments,they received a revised plan and his only comment is in regards to
the building mounted lights and the possibility of glare onto 1-70 and he needs to check it out.
He suggested that a note be placed on the plan that there should not be any light spillover or glare
onto 1-70.Mr.Lung stated that there is some existing forest conservation area on this site and
that several months ago the Planning Commission approved a forest conservation plan for all the
CHIEF Industrial Parks to take care of their forest conservation obligations.He said that the
only outstanding issues are the verification on the light issue and all outstanding agency
responses.Mr.Clopper made a motion to grant site plan approval subject to outstanding
approvals and verification of the lighting.Seconded by Mrs.Lampton.Mr.Iseminger abstained.
So ordered.
Halfway Plaza:
Mrs.Pietro presented the site plan approval for HalfWay Plaza.The subject site is located at the
intersection of Glenside Avenue and Virginia Avenue,currently the site of the old Pizza Hut and
is zoned Business Local.The developer is proposing to tear down the existing structure and
reconstruct a new one story 4,800 square foot building with combined retail and office space.
She stated that approximately half of the building will be used by Thurnpin Car Stereo.She
reveiwed the site plan as follows:Total lot area is 20,000 square feet and the site is currently
served by public water and sewer,17 parking spaces are required,there will be a permanent sign
on the building (currently using a temporary portable sign),existing dusk to dawn lighting and
lighting on the roof overhang,hours of operation are Monday through Friday 10:00 a.m.until
6:00 p.m.and Saturday 10:00 a.m.until 3:00 p.m.and the landscaping.The site is exempt from
the Forest Conservation Ordinance.Mrs.Pietro stated that most approvals are in and that
Permits Department is waiting for a revision.A discussion followed regarding the buffer and
adding evergreen screening adjacent to the residential properties and the lighting.Mr.Iseminger
made a motion to grant site plan approval contingent on agency approvals and staff s approval of
additional screening.Seconded by Mr.Ardinger.So ordered.
Preliminary Consultation:
Lime Kiln Estates:
Mr.Lung presented the preliminary consultation for Lime Kiln Estates Section B.The subject
site is located on the west side of Nicodemus Mill Road is zoned Agricultural and consists of
60.99 acres.Section A,approved in 1988 and 1991 contains 26 existing lots.He said that the
developer is requesting the Planning Commission's opinion on how to handle forest
conservation.Mr.Llmg stated that there is some existing forest on the site and depending on
how much is retained,they are looking at approximately 10 acres of mitigation.He added that
there is a stream and possible wetlands area along Nicodemus Mill Road.He said that the
consultant wanted to get direction from the Commission regarding whether they would consider
payment in lieu of or if they would require on site planting.A discussion followed with the
consultant regarding planting along the stream buffer and planting a buffer along the back
property line adjacent to an agricultural preservation district where there are existing mature
trees.They also discussed road adequacy.Mr.Iseminger suggested that a note be added to the
plat stating that they are located in an intense agricultural area and to expect the normal affects
146
such as odor,etc.It was the consensus of the Planning Commission that they were in
concurrence with the comments in the summary and that they would like to see onsite planting
possibly split between the stream buffer and adjacent to the agricultural area to meet the forest
conservation requirements.
Forest Conservation:
Off Site Retention -Richard &Jane Stoner:
Mr.Goodrich referred to the information in the agenda packet explaining the request.He said
that the department approved a Forest Stand Delineation for the property in 1996 and held a
preliminary consultation for a 25 lot subdivision.He referred to the exhibit plat and stated that
the property contains 160 acres with approximately 105 acres offorest.Staff has now received an
application for a 47 acre simplified parcel to be added to an adjacent property.Existing forest on
the 47 acre parcel may be necessary to meet the forest conservation requirements for future
subdivision on the remainder of the Stoner property.He said that the request is equivalent to
approval of off site retention to meet forest conservation requirements.Mr.Ardinger made a
motion to approve the use of the off site retention area.Seconded by Mrs.Lampton.So ordered .
.A discussion followed regarding having a meeting with Gary Roher,Director of Public Works
and Terry McGee,County Engineer regarding the road standards and changing some of them.
After a discussion it was decided that they would discuss this at the February meeting at 6:00
p.m.
Mr.Moser stated that he was contacted by the Board of Appeals and they would also like to have
a meeting with the Planning Commission in February to discuss APFO issues.
A discussion followed regarding the progress of the Comprehensive Plan.
ADJOURNMENT:
Th=bclo,""furth"b."O'M,tl"_ting odi om0 11.--
Bernard L.Moser,Chairman
147
WASHINGTON COUNTY PLANNING COMMISSION
WORKSHOP MEETING -FEBRUARY 7,2000
The Washington County Planning Commission held a workshop meeting on Monday,February
7,2000 in the County Commissioners Meeting Room.
Members present were:Chairman,Bernard 1.Moser;Vice-Chairperson,Paula Lampton;R.Ben
Clopper,Robert Nichols,Don Ardinger,Robert Ernst,II and Ex-Officio,Bertrand Iseminger.
Staff:Planning Director,Robert C.Arch and Secretary,Deborah S.Kirkpatrick.Also present,
Gary Rohrer,Director of Public Works and Terry McGee,Chief Engineer.
CALL TO ORDER:
The meeting was called to order by the Chairman at 6:00 p.m.
Mr.Rohrer stated that he and Mr.McGee requested this meeting in order to discuss a number of
items pertaining to the County's current road standards.He said that they have always erred on
the side of public safety when it comes to highway safety and structures.He said they are driven
by Federal standards,but that they have a number of local standards that need to be updated.In
regards to the material side,they are pursuing changing a lot of things pertaining to their
pavement designs and cross sections oftheir pavement mixes.He explained that the County road
standards are about 20 to 25 years old and are based on a rural Washington County and rural
subdivisions.He said that they are now dealing more with the urban developments around the
urban growth area and dealing with a lot of subdivisions and developments that do not address
sidewalks.He stated that another problem with their current standards is that they have
subdivision streets with adequate parking on each side,they do not stripe the streets for cost
reasons and the fact that they are dealing with water based paints that do not last as long.He said
the problem with that is that when they go into these subdivisions where there is no parallel
parking or parking in front ofthe properties,they have big wide open streets with paved
shoulders.He said that is fine for snow removal and parking but it also induces aggressive
driving and that people tend to drive faster,which is not conducive to residential development.
He said that they have looked at a number of traffic calming issues and added that they have been
used by several municipalities over the last 10 years.He commented that both he and Mr.McGee
have attended a number of conferences and have been looking at Federal Highway standards to
find a reasonable balance for the local streets and that they would like to hear from the Planning
Commission.
Mr.McGee stated that they are governed by standards from the Federal,State and local level.
He said that their design had to follow ASHTO,but within the last 5 -10 years the State
Department of Transportation took a hard look at it and recognized the philosophy of ASHTO,
which is straighter,flatter,wider is safer is not necessarily true because it tends to increase
speeds.He said that there has been a grass roots organization in the northeast to change it.He
said another issue is that the type of development they have today has changed and that his
standards are rural based and includes wide open sections,open drainage ditches and large lots.
He said with the developments they are getting now,these standards don't work well.He said
that their standards do not do a good job in adjusting,fitting in and accounting for the livable
community approach.He said that with these 3 issues,his standards are due for an overhaul.He
said that he has been researching data for over a year to find a reasonable standard for
Washington County.He said that they have two types of roadways -roads and streets.He
explained that streets are what you see in subdivisions or commercial/industrial parks.Their
primary purpose is to give good efficient access into individual properties and that moving large
amounts of traffic effectively is a secondary role.Mr.McGee said that with roads or highways,
their primary purpose is to move large amounts of traffic efficiently and as a secondary role to
provide individual property access.He said that they are treating the roads in accordance with
ASHTO with some minor modifications and those standards won't change much from what they
have on the books today.He said that the ones they are looking at where the livable
148
communities come into is the street side.He said those are the ones dealing with driveways,
parking,street lights,sidewalks,and traffic calming measures.He said that as they looked at
these things they felt they needed input from the Planning Commission regarding traffic calming
features,sidewalks,bikeways,street lighting,and on street parking.He said wanted to know
what the Planning Commission would like to see in the subdivisions.Mr.Rohrer stated that Mr.
McGee commented on the sidewalks.He said that the developer would build them,they would
be within the right of way and would be maintained by the homeowner.He said that the issue
that is their greatest challenge is the issue of off street parking versus on street parking.Mr.Arch
commented that in regards to parking there will be two standards one inside the growth area
standard and one outside the growth area.He said that when they are dealing with developments
inside the growth area especially some ofthe higher densities,it is critical that they start looking
at sidewalks because in many places now they do have more opportunity for places for people to
walk to than they did before.A discussion followed regarding being consistent,having a
Ordinance telling the developer up front what is expected and off street parking.Further
discussion followed regarding the fact that some of the requirements should be density driven,
traffic calming features,and giving some flexibility to the developer.Mr.Arch stated that at the
State level,their charge this year is differential standards between areas designated for growth
and areas not designated for growth.He said discussions have focussed on maximizing
environmental regulations outside growth areas and minimizing them inside growth areas.Mr.
Arch stated that he disagreed with that approach because he felt that the people inside high
density areas deserve environmental safeguards also.Further discussion followed regarding
.finding a balance for this County to be proactive,the time line for updating this ordinance,the
possibility of including traffic calming measures in the Comprehensive Plan,and the fact that the
current standards allow some flexibility.It was the consensus that they would meet again.
ADJOURNMENT:
There being no further business,the meeting adjourned at 7:00 p.m.
dlJJJ~
Bernard L.Moser,Chairman
149
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -FEBRUARY 7,2000
The Washington County Planning Commission held its regular meeting on Monday,February 7,
2000 in the County Commissioners Meeting Room.
Members present were:Chairman,Bernard 1.Moser;Vice-Chairperson,Paula Lampton;R.Ben
Clopper,Robert Nichols,Don Ardinger,Robert Ernst,II and Ex-Officio,Bertrand Iseminger.
Staff:Director,Robert C.Arch;Senior Planners,Timothy A.Lung and Lisa Kelly Pietro and
Secretary,Deborah S.Kirkpatrick.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
MINUTES:
Mrs.Lampton made a motion to approve the minutes of November 1,1999.Seconded by Mr.
Iseminger.So ordered.
Mr.Clopper made a motion to approve the minutes of December 6,1999.Seconded by Mrs.
Lampton.So ordered.
In regards to the minutes of January 3,2000,Mr.Iseminger stated that on page 2 under Site
Plans,PSI,that he abstained.Mrs.Lampton made a motion to approve the minutes as amended.
Seconded by Mr.Nichols.So ordered.
Before proceeding with New Business,Mr.Moser stated that he received a call from Doug
Wright,Chairman of the Hagerstown Plarming Commission.He said that Mr.Wright requested
a meeting with the Plarming Commission next month but due to the fact that there will be two
rezoning hearings,it would most likely be in April.A discussion followed regarding the fact that
since there will be two rezoning hearings in March that they could meet with the Hagerstown
Plarming Commission on Monday,April 10,2000.
NEW BUSINESS:
Subdivisions:
Byers Meadow.Prelimimu:y/Final Plat.Phase 3:
Mrs.Pietro presented the preliminary/final plat and forest conservation plan for Phase 3 of Byers
Meadows.The subject site is located on the north side of Spielman Road north of Route 63 and
is zoned Agricultural.The developer is proposing to create 10 single family lots ranging is size
from 1.3 to 15.5 acres with 39 acres of remaining lands.The lots will be served by individual
wells and septics and access will be provided by a new public street.Forest conservation will be
met by retaining existing forest on the lots and the remaining lands in the amount of 11.6 acres.
All agency approvals have been received except for the Health Department.Mr.Arch
suggested that a note be added to the plat stating that there will be no further subdivision of any
of the lots.Mr.Iseminger moved to approve the preliminary/final plat contingent on agency
approvals and that a note be added to the plat that there will be no further subdivision of the lots.
Seconded by Mrs.Lampton.So ordered.Mr.Iseminger made motion to approve the forest
conservation plan.Seconded by Mr.Ardinger.So ordered.
Mike Capone.PreliminarylFinal Plat:
Mr.Lung presented the preliminary/final plat and forest conservation plan for Mike Capone.
150
The subject site is located on the south side of Shaffer Road east of Dam 4 Road and is zoned
Agricultural.The existing parcel is 70.83 acres in size.The proposed subdivision is for four lots
ranging in size from 3.19 up to 10 acres with just under 50 acres of remaining lands.Two of the
lots have panhandles.An administrative variance was granted for panhandle length with the
stipulation that there would be no further subdivision of the lots.The lots will be served by wells
and septics.Mr.Lung stated that the Engineering Department has not approved the plat yet
because based on the Adequate Public Facilities Ordinance and the Road Adequacy Policy,
Shaffer Road needs to be widened.He explained that the widening has to be done or a bond has
to be posted for the work prior to the Engineering Department issuing their approval.He said
that he believes the applicants are proposing to post a bond.All other agencies have given their
approval.Mr.Lung stated that a forest stand delineation was approved in November that showed
about 34 acres of existing forest on this property.He said that the plan submitted with the
subdivision plat calls for clearing ofjust under 22 acres of forest and establishing a forest
retention area on the remaining lands 12.7 acres in size.He said that ifland is to remain in
agricultural production,the owner can be given credit for that area,so they do not have to do as
much forest retention.He said that in this case the plan called for 43.89 acres of property
remaining in agricultural production,however,the area is not shown on the plat.Mr.Frederick,
consultant,of Frederick Seibert &Associates,Inc.spoke.He said that he would check with his
office because he did not think that they were clearing any forest.A discussion followed
regarding road adequacy.Mr.Iseminger made a motion to grant preliminary/final plat approval
contingent on Engineering Department's final approval based on the road widening bond .
.seconded by Mr.Ardinger.So ordered.Mr.Iseminger moved to give staff the authority for
final forest conservation approval with the stipulation that if it is as presented that a note be
placed on the plat indicating the area to remain in agriculture.Seconded by Mrs.Lampton.So
ordered.
Tracey Thomas:
Mr.Lung presented the preliminary/final plat for Tracey Thomas for lots 8,9 and 10.He stated
that the preliminary consultation was previously before the Planning Commission.The property
is located on the south side of Lappans Road (MD 68)and is zoned Agricultural.He said that
they held a preliminary consultation last year for seven lots,a revision was made and presented
to the Planning Commission after discussion with the Engineering Department regarding
development of the remaining lands and access.Mr.Lung stated that the first three lots are the
latest out of the concept with additional lots to follow.He said that the three lots range in size
from 1.48 to 5.20 acres.All lots are to use a common entrance onto Lappans Road.The lots will
have individual wells and septics.All agencies except for Engineering have approved.Mr.
Lung noted that the Engineering Department is waiting on a revision.
In regards to forest conservation,Mr.Lung stated that the Planning Commission previously
approved the use of off site retention on the remaining lands.Some additional planting will also
be required.He said that this property is on the border of the Boonsboro growth area and is in
close proximity to the proposed Boonsboro bypass and a forest retention area will be located
close to the boundary of the remaining lands to the growth area.He said that they will need a
surety bond for the planting prior to approval.Mr.Clopper made a motion to approve the
preliminary/final plat subject to Engineering Department's approval and details on the forest
conservation plan.Seconded by Mr.Ardinger.So ordered.
SITE PLANS:
Rentals Unlimited:
Mrs.Pietro presented the site plan for Rentals Unlimited.The property is located along the east
side of Sharpsburg Pike,consists of .86 acre and is zoned Highway Interchange-l (the former
Exxon building across from the AC&T).The developer is proposing to convert the existing gas
station along with adding a 1200 square foot addition into an equipment rental and retail sales
business.Mrs.Pietro proceeded to review the access,existing parking area and the proposed
addition.The site is served by public water and sewer.There will be six employees,hours of
151
operation are 7:30 a.m.until 5:30 p.m.Monday through Saturday,there will be nine parking
spaces,freight and delivery is estimated to two to three a week.Mrs.Pietro said that solid waste
will utilize the existing concrete pad and dumpster area,that the existing sign base will be used
for a new 5 x 10 foot sign and that they plan to use the existing site lighting.Mrs.Pietro said
that there will be a 6 foot chain link fence surrounding the site and gates will be at both
entrances.She said that the dumpster area will not be screened.The developer feels that since
there will be fencing around the site,that should take care of cutting down on the visual impact
of the dumpster.The existing shrubs will remain and the site is exempt for forest conservation
due to its size.All approvals are in except for Permits.Mrs.Pietro stated that she recommended
additional landscaping and that she recommended that the dumpster be screened.Mr.Townsley,
the consultant,of Fox and Associates stated that in regards to the sign,that the Permits
Department has a problem with the existing sign base being used.He said that they moved the
sign back and showed the proposed sign on the drawing in order to meet the 25 foot setback
required and that they submitted a revised plat on Friday.Mr.Ardinger asked about the gravel
area in back of the building and expressed concern with dust.A discussion followed regarding
the fact that there should be no gravel and instead it should all be black topped,that the dumpster
area should be screened,and that there should be more landscaping.Mr.Iseminger made a
motion to grant site plan approval contingent upon black topping the proposed gravel area,
screening the dumpster,additional landscaping,Permit's Department approval and assurances
that there is a process to handle water runoff on the site.Seconded by Mrs.Lampton.So
ordered.
Victory Baptist:
Mrs.Pietro presented the site plan for Victory Baptist Church.The subject site is located along
the west side of old National Pike south of the intersection with Mill Point Road traveling south
to Boonsboro.Zoning is Agricultural.The owners are proposing to expand the existing church
facilities located on the 5.3 acre site.She said that they currently have an existing church and
school buildings.They are proposing a sanctuary,office and eventually a proposed church and
school facilities.Hours of operation for the Church is on Sunday at different times throughout
the day.The school is open Monday through Friday 8:00 a.m.to 4:00 p.m.Mrs.Pietro reviewed
the lighting (building and pole mounted),53 parking spaces will be provided,on site well and
septic will serve the site,storm water management will be taken care of by a pond in the front,
and there will be additional landscaping.She stated that Appeals case 98-001 a variance was
granted for the following:allowing the acreage to be reduced from 11.6 to 5.3 acres for the
establishment of a Christian school with grades from kindergarten through 12 not to exceed 99
students.The variance stated that no more than 24 students may be enrolled in grades 6 through
12 without the approval of the Board of Appeals.She said that the total number in the school at
this time is 33 students (12 students in grades 6 through 12).The reforestation for this site has
been satisfied by the previously approved site plan and plat.All approvals have been received.
A discussion followed regarding traffic,traffic flow and future expansion.Mr.Clopper made a
motion to grant site plan approval.Seconded by Mrs.Lampton.So ordered.
Meadow Dialysis Center Expansion:
Mr.Lung presented the site plan for the Meadow Dialysis Center expansion.The subject site is
located between Leitersburg Pike and Oak Hill Avenue and is zoned Planned Business.The
owner is proposing an 7,000 square foot expansion of the current building.Mr.Lung stated that
storm water management will be handled by modifications to an existing pond.Public water and
sewer is available.He said that the Board of Zoning Appeals granted a variance for set backs
and that a landscaped berm was a condition which has been provided.He said that pole mounted
lighting is provided that it is designed to prevent glare and a note is to be added to the plan that
there shall be no glare onto the adjacent properties.Mr.Lung proceeded to review the proposed
landscaping and stated that the site is exempt from forest conservation.He said that they still
have comments outstanding from the Permits Department of a technical nature that they are
waiting for revised plat to be submitted.Mr.Nichols made a motion to approve the site plan
contingent on all agency approvals.Seconded by Mr.Ernst.So ordered.
152
Forty West Landfill:
Mr.Lung reviewed the site plan for the Forty West Landfill.The site is located north of US 40
east of Independence Road.Mr.Lung stated that the property is located on 427 acres and is
surrounded on three sides by the Conococheague Creek.He said that this is a major municipal
facility and has been in the Engineering and Planning process for many years and has gone
through Federal,State and local review levels.He said that this is designed to meet the County's
needs for solid waste disposal for approximately 80 years.The property is zoned Agricultural
and is considered a special exception use.Mr.Lung stated that the special exception was
approved by the Board of Appeals in the spring of 1990,and was appealed.The final decision of
the Court was made on July I,1995.He said that conditions were set forth as far as what the
County had to do to address the citizens concerns in that area and mainly focussed on the need
for a berm in the vicinity of Independence Road and Kending Lane and assurances by the
County that there would not be any additional traffic generated onto Independence Road and that
is what precipitated the need for the bridge.Mr.Lung stated that during that time there was
ground water monitoring and ground water analysis occurring on the site in order to obtain
permits from MDE and since that time the County has obtained the property.He said that last
year the Planning Conunission approved the forest conservation plan for the site.The forest
stand delineation identified 226 acres offorest on the site and 136 acres will be removed.
Eighty-eight acres will be retained around the perimeter and flood plain area and 32 acres will be
planted including the wetlands mitigation area and extensive planting on the berm along Kending
.Lane.He said that there was a public hearing to be held by MDE regarding the issuance of their
permit scheduled a week or so ago and that was postponed due to the weather.He said the what
is before the Commission tonight is the overall site plan for the project.He referred to the
exhibit plat and pointed out actual landfill area,the perimeter road,the entrance,the
administrative building and drop off area,scale house,a future baling facility and the leachate
storage facility.He said that some of the structures shown on the plan are conceptual and there
will be a more detailed site plan as the structures are developed.Right now they are dealing
with the overall design of the landfill area so the County can proceed with permits.He said that
part of one of the conditions of the Board of Zoning Appeals was that the berm be constructed
and planted at Phase 1.Gary Rohrer,Director of Public Works,provided additional information
on phasing of the landfill construction.A discussion followed regarding the access road and
planting on the berms.Mr.Lung stated that the cemetery issue is being addressed through the
permitting process with MDE.He said that they are waiting on approvals from Soil
Conservation,and that Planning and Permits requested some revisions to the plan and they
should be receiving them shortly.Mr.Nichols made a motion approve the site plan contingent
on agency approvals,that comments requested from Permits and Planning be addressed,and that
staff will come back with more detailed plans of the structures and approval of appropriate
federal and state agencies.Seconded by Mrs.Lampton.So ordered.
,
Capital Core:
Mr.Lung presented the site plan for Capitol Core Phases I &II.He said that this plan was before
the Commission a month ago.Mr.Lung stated that the developer,Mr.Myers has changed the
plan.He explained that Capital Core was to have a private entrance off of Industrial Lane.The
developer is now proposing to have the site served by a public road.He said they are changing
the site plan to show the public street serving the site and two future sites.He said that the
revised plan is out to the agencies and that they are waiting for approval from the Permits
Department.Mrs.Lampton made a motion to approve the revised site plan contingent on agency
approvals.Seconded by Mr.Ardinger.Mr.Ernst abstained.So ordered.
DOT Foods:
Mr.Lung presented the site plan for the DOT Foods trailer parking lot.He said that the
Commission previously approved the subdivision plat for this property.The site is located in the
70/81 Industrial Park along the north side of Elliot Parkway and is zoned Industrial General.Mr.
Lung stated that this lot is 4.25 acres in size and was subdivided out of property owned by the
County that houses the Water and Sewer Department.The site is to be used as a truck trailer
153
parking lot.There are fifty-one 12 x 60 foot spaces for trailer parking on a gravel lot.Mr.Lung
said there is a single gated entrance onto Elliot Parkway and the apron onto Elliot Parkway is to
be paved,there is a 6 foot high chain link fence with barbed wire proposed around the site and a
large storm water retention pond to handle the runoff on the site.They are proposing seven pole
mounted lights across the front and around the side.No structures are proposed on the site.Mr.
Lung mentioned that there was no landscaping proposed and that the staff is recommending at a
minimum,shrub plantings along the frontage of the property.Mr.Lung stated that Engineering
and Permits have issued comments and that he is waiting to hear from Soil Conservation.In
regards to forest conservation,the entire area is forested.He said that the Plarming Commission
previously approved the clearing of all of the forest and payment in lieu of in the amount of
$9,496.08 and that it needs to be paid prior to site plan approval.A discussion followed
regarding the gravel.Mr.Nichols made a motion to approve the site plan contingent upon all
agency approvals,and landscaping satisfactory to staff along Elliott Parkway.Seconded by Mrs.
Lampton.So ordered.
OTHER BUSINESS:
Michael Hauver -Removal of Immediate Family Member Restriction:
Mr.Lung stated that this plat was approved in 1993 for a variance for two panhandle lots that
exceeded the allowed length.He said that at that time the consultant argued that there was an
.existing lane running through the property and that since it was being created for an immediate
family member,the lots could have been created without any road frontage at all and that they
were providing the panhandles to make the situation better.The Plarming Commission granted
the variance for the panhandle length and required a stipulation on the plat that it not be
conveyed to anyone not a member of the immediate family for a period of 10 years.At the time
that is what the owners envisioned.Mr.Lung stated that in the summer of 1993,James Hauver
asked the Planning Commission for a reversal on the 10 year statement for his lot so that he
could sell that lot since he lives in Virginia and had no intention to build on the lot.He said that
the plarming commission granted the request to remove the stipulation.He said that tonight they
have Michael Hauver before them to request the same for Lot 5.Mr.Lung stated that with that
plat being approved in 1993,there are three years left on the condition.He said that staff does
not have an objection to this and that the lots have public road frontage via the panhandles.Mr.
Hauver further explained his reasons for needing the stipulation removed.A discussion
followed.Mrs.Lampton made a motion to approve the request to remove the immediate family
member restriction.Seconded by Mr.Nichols.So ordered.
ADJOURNMENT:
There being no further business,the meeting adjourned at 9:00 p.m.
~~=-.:::.........'----'---
Bernard 1.Moser,Chairman
154
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -MARCH 6,2000
The Washington County Planning Connnission held its regular meeting on Monday,March 6,
2000 in the County Commissioners Meeting Room,
Members present were:Chairman,Bernard L Moser;Vice-Chairperson,Paula Lampton;R Ben
Clopper,Robert Nichols and Ex-Officio,Bertrand Iseminger,Staff:Director,Robert C,Arch;
Agricultural Land Preservation Planner,Eric Seifarth,and Senior Planner,Timothy A Lung,
Also present,Paul Prodonovich,Director of Permits and Inspections,Absent were,Don
Ardinger and Robert Ernst,II,
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p,m,
MINUTES:
Mr,Clopper made a motion to approve the minutes for the workshop meeting of Februaty 7,
'2000,Seconded by Mr,Iseminger,So ordered,
Mr,Clopper made a motion to approve the minutes for the regular meeting of February 7,2000,
Seconded by Mr,Iseminger,So ordered,
Before proceeding with New Business,Mr,Moser stated that they had one item to add under
Other Business the site plan for Moore Sheds and Shenandoah Trailer Sales on the Arnett
property on the Sharpsburg Pike,Mr,Clopper moved to add the site plan to the agenda,
Seconded by Mrs,Lampton,So ordered,
NEW BUSINESS:
Agricultural Land Preservation District Applications:
Mr,Seifarth stated that usually before he submits the information for the agenda,the Agricultural
Advisory Board has already met,but in this case they met last Tuesday,He explained that the
three applicants are applying for a 10 year Agricultural District establishment and proceeded to
review each application,
AD-99-15 (McKee)-374 acres on Hollow Road in Hancock,qualifies for the acreage amount
and soil classifications and is outside the Urban Growth Area,Mr,Clopper made a motion to
approve the application for AD-99-15,1.Austin McKee,due to the fact that it is consistent with
the Comprehensive Plan,Seconded by Mrs,Lampton,Mr,Iseminger abstained,So ordered,
AD-99-16,Richard and Laura Penna -33,729 acres located 500 feet east of Reed Road,one mile
south of Brownsville,Mr,Seifarth noted that it is contiguous to the Pennington Farm and meets
the minimum criteria and is located outside the Urban Growth Area and was approved by the
Advisory Board,Mr,Nichols made a motion to approve the application for AD-99-16,Richard
and Laura Penna due to the fact that it is consistent with the Comprehensive Plan,Seconded by
Mrs,Lampton,Mr,Clopper abstained,Mr,Iseminger abstained,So ordered,
AD-OO-Ol,Floyd R,and Vivian Kline -102 acres located on the south side ofMD 58,Mr,
Seifarth referred to the site location map and stated that a portion of it is in the transition area of
the growth area and part is inside the growth area,He stated that the Advisory Board turned it
down,based on the fact that in the general area there are houses along the eastern border,
property to the west is for sale and there is concern that it may be developed and across the
street property sold for $5,000 per acre and some mini storage buildings were built He also
noted there is a water and sewer designation,and that the property is partially inside the growth
area,A discussion followed,Mr,Seifarth noted that there are no other preservation properties
in the area and that the closest one is a mile away,Further discussion followed regarding the fact
155
that the owners are interested in keeping the property in farmland with the possibility that before
the 10 year district expires they may go into a permanent easement.Mr.Clopper made a motion
that they approve this request.No one seconded.Mrs.Lampton made a motion not to approve
AD-OO-O 1 (Kline)due to the fact that it is not consistent with the Comprehensive Plan.
Seconded by Mr.Nichols.Mr.Iseminger abstained.So ordered.
Site Plans:
Rosewood Village Phase 1.Preliminary Plat and Site Plan:
Mr.Lung presented the preliminary plat and site plan for Rosewood Village,Phase 1.The
property is located on the west side of Robinwood Drive.He explained that this has been
through two rezoning requests for two parcels for the PUD overlay zone and was approved.The
next step was the preliminary development plan,which was approved in 1998 and the final
development plan was approved in August of 1999.The total acreage is 79 acres with 530
dwelling units,including apartments,townhouses,elderly living,etc.and a commercial area.He
explained that tonight they are looking at the site plan and preliminary plat for the first phase
which consists of 77 townhouse apartment units and a 42 unit elderly apartment facility on 17.9
acres.This phase also involves the construction of the storm water management facility to serve
the entire development,the first leg of John F.Kennedy Drive and the forest conservation area.
Mr.Lung stated that the townhouse apartment units will be served off of private streets and
courts and was approved during the preliminary plan review.He stated that at that time this
.development was designed as a conventional townhouse development where individual
townhouse lots could be sold individually.Since that time the developer has changed his
marketing approach and is now proposing lots around blocks of townhouses.The townhouses
will be rental units and will not to be sold separately.This concept was approved last year with
the final development plan.Mr.Lung said that the lots established around the blocks of
townhouses will have access onto the streets and courts to be owned and maintained by the Lot
Owners Association.He stated that during the final development plan the issue of setbacks came
up and that since the detailed engineering plan was not completed they were not able to tell what
type of modifications might be needed from the setback requirement.He said that the
engineering work has been done and they know basically where the buildings will be located and
in order to address this,instead of establishing a standard side,rear and front setback,since these
buildings are oriented differently within these blocks,it would be staff s recommendation that
the Commission accept the plan as presented with the building setbacks established by the
developer as the actual setbacks for this phase of the development and within those setbacks
allow a 10 percent tolerance.He said that another issue is the play lot and tot lot requirements
in the Zoning Ordinance.He explained that the Zoning Ordinance establishes the setback
requirements for tot lots and in this case there is a need for modification from the setback to an
interior property line on Lot 3 and Lot 4.The staff does not see a problem with the modification.
He reviewed the parking and stated that two spaces per unit are provided plus RV parking
throughout the development.There are 4.5 acres of open space which includes a 2.7 acre forest
conservation area and throughout the development there is 1.75 acres of greenspace.In regards
to the elderly living apartments,Mr.Lung stated that it is a 42 unit facility,three stories high,
with 86 parking spaces provided around the front of the building which has an extensive
landscaping and buffering plan.He said that a particular area of concern was the area next to the
adjacent residentially zoned property to the south and noted there is a berm proposed with
landscaping plal1ting of deciduous shrubs and trees to buffer headlights.He said there is a bus
waiting area shown for this phase.Comments from the Board of Education were,at this point
the school bus would not be going back into the development until the project is built out.A
discussion followed regarding placing a temporary pad for the bus stop in the front of the
development until such time that the bus does go into the development and that it would be done
in accordance with the Board of Education recommendations.The site will be served by public
water and sewer.Mr.Lung stated that comments have been received from all of the reviewing
agencies and that the consultant has addressed the comments and the revised plan has been
routed out to the agencies and are still awaiting approval.The staff does not expect any major
changes to the plal1.A discussion followed regarding the pad for the school bus and the owner's
obligation for off site improvements.Mr.Iseminger made a motion to approve the preliminary
plat and site plan contingent upon the construction of a temporary school bus waiting area
toward the front of John F.Kelmedy Drive (which side to be determined by the School Board
with the understanding that the bus.area shown on the plat will remain and will not have to be
constructed until such time as the Board of Education uses that site),also contingent upon
setbacks be given a 10 percent tolerance within the area of the townhouse/apartments al1d
156
contingent upon agency approvals and with the understanding that setbacks on the tot lots will be
as shown on the plan.Seconded by Mrs.Lampton.So ordered.Mr.Iseminger made a motion to
approve the forest conservation plan as submitted showing planting on site.Seconded by Mrs.
Lampton.So ordered.
Ted Shank Retail/Office,Site PlanlPreliminary/Final Plat:
Mr.Lung presented the site plan/preliminary/final plat for the Ted Shank Retail/Office site.The
subject site is located on the west side of Pennsylvania Avenue near the Hardy's restaurant.Mr.
Lung stated that the site plan is for a retail building and an office/warehouse building.There is
also a subdivision plat involved to combine several existing parcels.The property is L-shaped,
consists of approximately 4 acres and is zoned Business Local.The property currently contains
the Grease Monkey business and a professional office building and a small building which
houses Hamby's Tile and Marble.The property contains numerous small parcels and the
subdivision plat combines the small parcels into three lots.Mr.Lung stated that one lot will be
around the Grease Monkey,other lots will contain the existing building,a proposed Blockbuster
Video,Hamby Tile business and the proposed office warehouse.Mr.Lung stated that the
Blockbuster Video store will be located next to the Grease Monkey and will be 40 x 80 feet in
size,parking is provided around the building (63 spaces)and will tie into the existing entrances
onto Pennsylvania Avenue.There will be landscape planting along the front of Pennsylvania
Avenue to block any glare from headlights and from the residential development along the other
side of the road,there will be pole mounted lights (facing downward)and a screened dumpster
in the back.Mr.Lung stated that the proposed office/warehouse building is located to the rear of
the property behind the H&R block building and is 50 x 130 feet in size,the warehouse is to be
in the basement level and the office on the first floor.Parking is provided around the building,
access to this site is via a right-of-way to the private road that goes between the H&R Block
building and the Chinese restaurant.Mr.Lung stated that there are also pole mounted lights,
landscaping and green areas in the parking lot as well as storm water management.All agencies
except for Hagerstown Water,Water Pollution Control,Soil Conservation and Permits have
been received.A discussion followed regarding the boundary ofthe office/warehouse and
access.Mr.Nichols made a motion to grant site plan approval contingent upon all agency
approvals.Seconded by Mrs.Lampton.So ordered.Mr.Nichols made a motion to grant
preliminary/final plat approval contingent upon all agency approvals.Seconded by Mrs.
Lampton.So ordered.
TDR Enterprises:
Mr.Lung presented the site plan for TDR Enterprises.The subject site is located on the east side
of MD 64 near Smithsburg consisting of 1.57 acres and is zoned Agriculture.Mr.Lung stated
that in 1995 the Board of Appeals granted a special exception for a sheet metal shop for this site.
He referred to the plat and stated that the existing sheet metal shop is 100 x 120 feet in size and
that they are proposing a 100 x 100 foot expansion of the shop.There will be 15 employees,
there is an existing access to Route 64 and the site will be served by well and septic.All agency
approvals except for Permits and Health Department have been received.A discussion followed.
Mr.Nichols made a motion to approve the site plan contingent on all agency approvals.
Seconded by Mrs.Lampton.So ordered.
Phoenix Color:
Mr.Arch presented the site plan for Phoenix Color.The subject site is located east ofI-81 north
of Air Park Road,consists of 90 acres and is zoned AP -Airport.There is an existing building on
the site and the proposed building is a demand print facility.Mr.Arch referred to the plat and
pointed out the stormwater management area,parking,and lighting (pole and building mounted).
Mr.Arch stated that they are waiting on Engineering,Soil Conservation and Permits approvals.
He said that the other item of significance is that for the original approved site plan there was
also a building shown where the parking area is located on this plan for a mechanical building.
He said by approving the plan before them tonight,the Planning Commission would be
eliminating that approval for the building and they will have to come back again if they want the
building somewhere else.Mr.Nichols made a motion to grant site plan approval contingent upon
157
all agency approvals.Seconded by Mr.Clopper.So ordered.
OTHER BUSINESS:
Ben ShaoollStan Valentine,Recreation Relocation,Woodbridge:
Mr.Prodonovich referred to the exhibit plat showing College Heights,owned by Mr.Ben Shaool
and added that they have worked all the issues out on that development.He then pointed out B I,
B2 and B3 of Woodbridge,and noted adj acent to that is King's Crest,owned by Mr.Stan
Valentine and added that Mr.Valentine is selling the property to Mr.Klein.Mr.Prodonovich
stated that in looking at the project there were a few outstanding items.He stated that the areas
in pink are walkways that are to be built,as well as a couple of play areas.He said that he has
$15,000.00 to ensure that the walkway goes in and if they decide tonight,the basketball court.
Mr.Prodonovich stated that the basketball court shown on the plan is affecting the sale of the
property owned by Mr.Valentine.He said that Mr.Valentine approached Mr.Shaool regarding
the location and proposed moving it and they did but did not notifY the Permits Department.Mr.
Prodonovich said that they are looking to see if the Planning Commission will accept the new
location and eliminate the old one.He referred to the play lot locations.A discussion followed
regarding the location ofthe basketball court and the play lots.Mr.Iseminger made a motion to
grant the request to relocate the basketball area with the stipulation that a walkway be provided
that meets the approval of Permits and Engineering Departments to get the residents from B-3,
'B-2 and B-1 of Woodbridge and the residents of College Heights to the basketball court.
Seconded by Mrs.Lampton.So ordered.
Site Plan -Shenandoah Trailer Sales:
Mr.Arch stated that there is no construction proposed and that this is the old Arnett property
located on the Sharpsburg Pike.He said that he discussed it with Mr.Prodonovich and felt that it
was enough of a change in the land use to bring it before the Planning Commission.Mr.
Prodonovich presented the plan.He said that Mr.Moore with Moore Sheds,Lawn and Garden
will occupy part of the building,Mr.Arnett will also be occupying part of the building with his
old records.He stated that a situation came about where Mr.Moore has another site on Rt.40 at
Auction Square and his lease ran out and needed to put some sheds on this new site,which he
will be leasing.He said that there is adequate parking and that they will not be adding new
buildings.He added that Shenandoah Trailer is also on the site selling utility trailers.A
discussion followed regarding the proposed road next to this property.Mr.Nichols made a
motion to grant site plan approval.Seconded by Mrs.Lampton.So ordered.
Proposed Subdivision and Planning Commission Policy Amendments:
Mr.Arch referred to the memo in the agenda packet regarding the proposed Subdivision and
Policy amendments that they are working on for the June rezoning hearing.He said that they are
trying to be consistent in the numbers for requirements for the major and minor subdivisions and
tying it back to when they do the preliminary consultations.He said that no action is required
but wanted the Planning Commission to be aware.
ADJOURNMENT:
There being no further business,the meeting adjourned at 9:00 p.m.
Gl-JJ~A0?A'-'--'-
Bernard 1.Moser,Chairman
158
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -APRIL 3,2000
The Washington County Planning Commission held its regular meeting on Monday,April 3,
2000 in the County Commissioners Meeting Room.
Members present were:Chairman,Bernard 1.Moser;Vice-Chairperson,Paula Lampton;R.Ben
Clopper,Robert Nichols,Don Ardinger,Robert Ernst,II and Ex-Officio,Bertrand Iseminger.
Staff:Director,Robert C.Arch;Chief Senior Planner,Stephen T.Goodrich;Associate Planner,
Jill Baker and Senior Planners,Timothy A.Lung and Lisa Pietro.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
NEW BUSINESS:
Subdivisions:
'Crossroads Business Park,Lot 1,Preliminary/Final Plat:
Mrs.Pietro presented the preliminary/final plat for Lot 1,Crossroads Business Park.The subject
site is located on the east side of Hopewell Road and west of Interstate 81.Zoning is Industrial
General.The developers are proposing to create a 21.5 acre lot for the establishment of
Pavestone,maker of concrete pavers.Mrs.Pietro stated that public water and sewer will service
the site and that access will be off of Hopewell Road.The storm water management pond is
located on site.In regards to forest conservation,Mrs.Pietro stated that the requirements will be
met by retaining existing forest on site and by paying the fee in lieu.She added that a site plan
for Pavestone would be presented at the May Planning Commission meeting.All agency
approvals have been received.Mrs.Lampton made a motion to grant preliminary/final plat
approval.Seconded by Mr.Clopper.So ordered.
Tri-State Church of God:
Mrs.Pietro presented the site plan for the Tri-State Church of God.The subject site is located
on the east side of National Pike near Boonsboro and consists of 10.4 acres zoned Agricultural.
She referred to the exhibit plat and proceed to review the plan as follows:Parking -there are 83
existing parking spaces and 63 more are proposed for a total of 146;signs -no new signs are
proposed and existing signs are located on Old National Pike;hours of operation -the group
home will be open 7 days a week,24 hours and the gym would be on a need be basis,Church
hours are on Sundays and Wednesday evenings,there is a staff that works on the site Monday
through Friday from 8:00 a.m.to 12:30 p.m.;lighting -there will be building and pole mounted
lights;the site is served by onsite well and septic and landscaping surrounds the parking area.
She said that it is exempt from forest conservation requirements.All agency approvals have
been received except for Permits Department.A discussion followed.Mrs.Lampton made a
motion to grant site plan approval contingent upon all agency approvals.Seconded by Mr.
Nichols.So ordered.
Hagerstown Honda,Phase II:
Mrs.Pietro presented the site plan for Hagerstown Honda,Phase II.The property is located on
the east side of Auto Place and southeast of 1-70 on 2 acres zoned Highway Interchange-I.Mrs.
Pietro stated that the plan was before the Commission in May of 1998 for the proposed KIA car
159
dealership.The developer is now proposing that the Honda Dealership be at this new site and to
move the KIA dealership to the current Honda site.Mrs.Pietro stated that the previously
approved building for the KIA dealership was approximately 3,900 square feet in size and now
the new Honda dealership is about 17,900 square feet,which wi!!include a much larger garage,
lube area and showroom area.She proceeded to review the plan as follows:access points -there
wi!!sti!!be two access points off of Auto Place;there wi!!be a total of 40 employees on the site;
parking -there wi!!be 11 spaces for customer parking,and display and employees parking is
153;the existing dumpster behind the Honda Dealership building wi!!remain;the two existing
sign locations are to remain;the site is served by individual well and septic and there is an
intennittent stream and floodplain area on the rear half of the site and there wi!!be no
construction near that.Mrs.Pietro stated that the existing storm water management pond wi!!
take care of the new expansion and that the site is exempt from the Forest Conservation
Ordinance.She reviewed the landscaping which wi!!be in the front of the building and along the
islands in the interior parking area.She said that when the plan was before the Commission two
years ago there were concerns from the Fnnkstown Fire Department regarding maldng sure that
there was enough water on site in case of fire.She said that she brought this to the attention of
the consultant who discussed it with Mr.Myers,developer of the site.He spoke to Larry
Iseminger and Jebb Ekstein of the Funkstown Fire Department and they have agreed upon a
sprinkler system with storage tanle backup.She said that they are waiting on approval from
Permits.A discussion followed regarding the water system,and the fact that anything further
would have to be a shared system and the fact that water and sewer should serve any future
development.Mr.Iseminger made a motion to grant site plan approval contingent upon agency
·approvals.He instructed staff to send a letter to Mr.Paul Perryman reminding him of the
requirements for any future subdivision and development.Seconded by Mr.Ardinger.Mr.
Ernst abstained.So ordered.
Myers Limited Partnership,Site plan lots 2 &3 and preliminary/final plat lots 1,2 &3:
Mr.Lung presented the preliminary/final plat for lots 1,2 &3 and the site plan for lots 2 and 3.
The subject site is located in the Interstate Industrial Park off of Industrial Lane and consists of
14 acres zoned Planned Industrial.Mr.Lung stated that the Planning Commission reviewed a
preliminary consultation for this site last fall and last December approved a site plan for Capital
Core.He said that Mr.Myers,the developer,is proposing to subdivide Lot 1 around Capital
Core and create 2 additional lots for two industrial/commercial buildings on the remaining
property.Mr.Llmg stated that Lot 1 consists of 6.6 acres;lot 2,2.34 acres and lot 3,4.16 acres.
The lots will be served by a new public street built by the developer and dedicated to the County
called Partnership Court.Storm water management for all of the lots wi!!be handled in a facility
on the corner of Lot 1 and the County Engineer and Soil Conservation have approved the
subdivision plat.The site wi!!be served by public water and sewer.In regards to forest
conservation,Mr.Llmg stated that it was addressed when the Plarming Commission reviewed the
Preliminary Consultation.He said that at that time the Plarming Commission gave the developer
permission to use payment in lieu of.He said that there is a considerable amount of forest on this
property.Due to the need for mass grading of the site,the developer indicated that he needs to
remove the forest and that the Planning Commission indicated that they would allow a payment
in lieu of.Mr.Llmg stated that since that time and since the agenda was routed to the Planning
Commission,Mr.Myers has indicated that he is working with the Soil Conservation District on a
piece of property on his farm that he owns near Clear Spring to use their program for planting
trees to provide for stream buffers.He said that Mr.Myers is requesting instead of using
payment in lieu,that he be allowed to meet his forest conservation requirement for this
development using the planting area he wants to establish on his farm.Mr.Lung stated that this
would be considered off site afforestation and noted that it is a higher priority in the options in
the Forest Conservation Ordinance than payment in lieu.He said that staff does not have an
objection to the request,however,they have not yet reviewed a forest conservation plan for this
additional area nor have they looked at possible conflicts with overlaying easements.He noted
that a portion of Mr.Myer's farm is in an agricultural preservation district and there is concern
with the overlay of one easement over another.He said that at this point the Plarming
Commission may want to consider giving staff the authority to approve the use of that program to
meet his obligations for the site,if not,they would come back to the Commission once the plan
160
has been developed.He said that all agencies have approved and that he only has a verbal from
the Water and Sewer Department.
Mr.Lung proceeded to review the site plan for Lots 2 and 3.He said that these are spec
buildings and that the site plan indicates that they will be for commercial/industrial use.He said
that the building on Lot 2 is 200 x 50 feet with a 30 x 80 bump out area for an office.It is 20
feet high,there are 11 parking spaces provided in the front for the employees with additional
parking to the rear for shop employees and there is a dedicated outside storage and loading area
in the back with the required screening per the Ordinance.Building 3 is a 125 x 80 foot 16 foot
high building,with 13 parking spaces provided.Mr.Lung stated that the hours of operation for
both buildings would be from 7:00 a.m.until 5:00 p.m.Delivery requirements of two tractor
trailers a day and three small delivery trucks,dumpsters are provided for both buildings and
landscaping is provided for both sites per the requirements for the Planned Industrial District.He
said that 29 percent of the site is in impervious area,all agencies have approved the site plan
except for the Hagerstown Water Department.A discussion followed regarding the parking areas
and forest conservation.Mr.Iseminger made a motion to approve the offsite afforestation,
subject to staff approval.Seconded by Mrs.Lampton.So ordered.Mr.Iseminger made a
motion to approve the preliminary/final plat contingent upon agency approvals.Seconded by
Mrs.Lampton.So ordered.Mrs.Lampton made a motion to approve the site plan contingent
upon all agency approvals.Seconded by Mr.Clopper.So ordered.
·St.James Brethren Church Expansion:
Mr.Lung presented the site plan for the St.James Brethren Church expansion.The subject site
is located on the north side of Maryland Route 68 (Lappans Road)in the village of St.James.
Mr.Lung stated that the existing Church sits on approximately 10.5 acres zoned Conservation.
He referred to the exhibit plat and stated that the area being disturbed for this expansion is
approximately 3.45 acres.He said that the proposed addition is a 90 x 115 foot building
addition behind the existing Church and will have a connector between the two buildings.He
stated that the plan indicates that the use of the addition is for a multi -purpose meeting room,
recreation room with kitchen facilities.He said that there will also be a 100 x 35 foot picnic
pavilion along with an expansion of the existing parking area from 114 spaces to 227 spaces.
There will be a new storm water management area as well as two new septic fields.Landscaping
is provided in the new parking area.The site will use the existing entrance onto MD 68 and is
exempt from forest conservation requirements since it is an existing lot of record.Mr.Lung
stated that both the County Engineer and Soil Conservation have approved the site plan,State
Highway Administration has approved with the condition that the existing entrance be upgraded
to commercial standards and that grade improvements be made to MD 68 at the entrance to
improve site distance.This would have to be done prior to issuance of a building permit.He
said that the Health Department approved a new septic area location and that he received verbal
approval from Alice Towne this morning and they are currently reviewing the plan to be sure that
nothing has changed from what they approved last August.Permits Department has reviewed
and commented that the isle width in the new parking area does not meet the minimum County
requirement and that a revision would be necessary to meet that standard.Mr.Lung
recommended that if the Planning Commission considers approving this plan that it be
conditional upon agency approvals.A discussion followed.Mr.Clopper made a motion to
grant site plan approval contingent upon all agency approvals.Seconded by Mrs.Lampton.So
ordered.
Fazoli's's Restaurant:
Mrs.Pietro presented the site plan for the Fazoli's Restaurant.The subject site is located in the
out parcel of the K-Mart parking lot and adjacent to Massey Boulevard.The zoning is Business
General.Total disturbed area for the restaurant would be 1.1 acres.The developer is proposing a
sit down and take out Italian restaurant.There will be 40 employees on 2.5 shifts.The hours of
operation will be 10:30 a.m.to 10:00 p.m.Sunday through Thursday and 10:30 a.m.to 11 :00
p.m.Friday and Saturday.She said there are 42 proposed parking spaces,the projected users per
161
week is approximately 5,500 customers,the site will be served by public water and sewer,there
will be two access points off of the interior parking lot,sign to be located on the front of the
building,lighting (building and pole mounted),landscaping will surround the building,the site is
exempt from the Forest Conservation Ordinance and there will be sidewalks around the front of
the building.Mrs.Pietro said that the Permits Department had questioned whether there would
be any stacking going through the drive through and the consultant sent the revision back with a
note that they felt that would not be a problem.All approvals are in except for Permits.A
discussion followed regarding the location of the restaurant,stacking of cars in the drive through,
parking area and traffic flow.Mr.Ardinger made a motion to approve the site plan contingent
upon agency approvals.Seconded by Mr.Clopper.So ordered.
KKTM -Change to Forest Conservation Plan:
Mr.Goodrich referred to the letter in the agenda packet from Mr.Schoeck of the KKTM
Company requesting to change the method of meeting the Forest Conservation Ordinance
obligation from new planting to payment of the fee in lieu.The site is located on the west end of
Smithsburg on Mapleville Road (also turns into Water Street).Mr.Goodrich explained that this
3 lot industrial subdivision was approved in 1997 and that the existing building on Lot 3 was
occupied at that time by Filtec.He said at that time they submitted a forest conservation plan
that included retention of 1.45 of existing forest and planting approximately 1 acre of new forest.
He said that the forest area was on the remaining lands which was intended to be conveyed to
'the town of Smithsburg.Following approval of the plan,the town changed its mind.Mr.
Goodrich stated that the existing parcel will stay under easement and be retained by KKTM.A
discussion followed regarding natural regeneration and the payment in lieu of program.Mr.
Clopper made a motion to approve the payment in lieu of planting new forest as previously
approved.Seconded by Mrs.Lampton.So ordered.
Bonnard Morgan -Request for Off-site Retention Area:
Ms.Baker presented the request for offsite retention area for Bonnard Morgan.She said that he
is proposing a 2 lot subdivision located on Reno Monument Road and that he already has an
existing 1.55 acres of forested easement he wants to leave.She explained that he needs to malce
up an additional 4.89 acres and is proposing to do that along Chestnut Grove Road on other lands
he owns.She referred to the exhibit plat and stated that there are two proposed easement areas.
One consists of 3.09 acres and the other 1.80 acres.Both sites include several priority areas and
are bordered by existing forest conversation easements.She said that the reason he does not
want to retain the easement on the remaining lands is that because it is in agricultural production
and he does not want to lose that area.Mr.Nichols made a motion to approve.Seconded by
Mrs.Lampton.So ordered.
ADJOURNMENT:
\./Bernard L.Moser,Ch-amnan
There being no further business,the meeting adjourned at 9:00 p.m.
~J2J~
162
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -MAY 1,2000
The Washington County Plauning Commission held its regular meeting on Monday,May 1,2000
in the County Commissioners Meeting Room.
Members present were:Chairman,Bernard 1.Moser;Vice-Chairperson,Paula Lampton;R.Ben
Clopper,Robert Nichols,Don Ardinger,Robert Ernst,II and Ex-Officio,Bertrand Iseminger.
Staff:Director,Robert C.Arch;Chief Senior Planner,Stephen T.Goodrich;and Senior
Planners,Timothy A.Lung and Lisa Kelly Pietro.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
NEW BUSINESS:
Subdivisions:
Van Lear Manor.Section 16.Lots 536-562,Preliminary/Final Plat:
Mrs.Pietro presented the preliminary/final plat for Van Lear Manor,Section 16,Lots 536-562.
The subject site is located on the northern side ofDoub Road and Van Lear Manor,consists of
13.7 acres and is zoned Residential Rural.The developer is proposing to create 27 single family
lots.Mrs.Pietro stated that all lots will be served by public water and sewer,will access
Braddock Court and will be served by the existing stonn water management pond.In regard to
forest conservation,Mrs.Pietro stated that 6.1 acres need to be mitigated and that the developer
is proposing to do some planting on site and the remainder will be done off site on property
located off of Hershey Drive.All agency approvals have been received.Mr.Clopper made a
motion to approve the preliminary/final plat and the forest conservation plan contingent on
agency approvals.Seconded by Mrs.Lampton.So ordered.
Site Plans:
Woodbridge Apartments:
Mr.Llmg presented the site plan for Woodbridge Apartments.He explained that it is part of the
Woodbridge PUD which is located off of the east side of Robinwood Drive just south of the
Robinwood Subdivision and consists of 5.96 acres.He stated that the original PUD concept plan
called for commercial development in this corner of the site and in July 1999 the Planning
Commission approved a change to the concept plan to allow the commercial area to be replaced
by apartments.He said that the parcel was created some time ago as part of a subdivision plat
and in 1998 a replat was done for the future Robinwood Drive realignment.Mr.Llmg stated that
the developer is proposing three buildings with a total of 92 apartments.He said that the plan
calls for two of the lmits to be converted into a social room and exercise room.Parking is
provided throughout the development based on two spaces per unit which includes handicapped
and recreational vehicles for a total of 193.He said that parking lot lights have been provided,
there is a tot lot and play lot,adult picnic area,landscaping throughout the site,and a buffer area
is provided along both of the sides of the site adjoining single family developments.He stated
that a bus waiting pad is provided on Robinwood Drive just north of the existing entrance.
Storm water management is provided by a pond and has been approved by both the Engineering
Department and Soil Conservation.Public water and sewer is provided by the City of
Hagerstown.This site is exempt from Forest Conservation based on the exemption provided for
the PUD.All agency approvals have been received except for verification of the bus waiting area
from the Board of Education.A discussion followed regarding buffering.Mrs.Lampton made a
163
motion to grant site plan approval subject to verification of the bus waiting area.Seconded by
Mr.Clopper.So ordered.
YMCA of Hagerstown,Final Subdivision Plat.Site Plan and Preliminary Plat:
Mrs,Pietro presented the site plan and preliminary/final plat for the YMCA of Hagerstown
located on the north side of Eastern Boulevard and on 28 acres zoned Agricultural.She
proceeded to review the plan as follows:there will be 40 employees;hours of operation are
5:00 a.m.to 11:00 p.m.Monday through Friday,7:00 a.m,to 9:00 p.m.on Saturday and
II :00 a.m.to 2:00 p.m.on Sunday,211 parking spaces are provided,public water and sewer will
serve the site,there will be pole and building mounted lights,the proposed sign is to be located
on the western side of the entrance,landscaping will be located around the building and parking
area,and the access will be across from Chartridge Drive.Mrs.Pietro stated that 3.5 acres of
planting is required for this site and they would like to make a payment in lieu in the amount of
$13,068.00.She said all approvals have been received except for City Water and said that in
speaking to Dave Shindle,just a few minor items need to be worked out.A discussion followed
regarding the traffic flow,the bypass and forest conservation.Mr.Ernst made a motion to grant
final subdivision plat,preliminary plat and site plan approval contingent upon the City of
Hagerstown Water Department approval and to allow the use of the payment in lieu option.
Seconded by Mr.Clopper.So ordered.
Pavestone Company:
Mrs.Pietro presented the site plan for Pavestone Company.She said that last month the
Planning Commission approved the preliminary/final plat for this site under the name of
Crossroads Business Park,Lot I.The subject site is located along the east side of Hopewell
Road and west ofI-81 and is zoned Industrial General.The developer is proposing to construct
an office and paver manufacturing plant on 21.5 acres.The site will be served by public water
and sewer.There will be 45 to 60 employees (combination of office and plant workers).The
plant will be open 24 hours,7 days a week and the office will be open Monday through Friday
from 8:00 a.m.to 5:00 p.m.The proposed office is approximately 5,000 square feet in size and
the plant is approximately 40,000 square feet in size.Eighteen parking spaces for the office are
provided and 21 spaces will be provided for the plant.There will be a masomy sign placed in
front of the office,lighting will be pole mounted around the office and the plant storage yard;
delivery will be 35 to 50 trailers per day;landscaping will be located around the office,the paver
plant and along the side facing 1-81.Mrs.Pietro reminded the Commission that at last month's
meeting they approved the use of partial on site planting with the rest of the obligation being met
by payment in lieu.She said that they are waiting for approvals from Engineering,Soil
Conservation and Permits,She said that she spoke to the outstanding agencies and it is a matter
of maldng some revisions to the site plan.A discussion followed.Mr.Nichols made a motion to
grant approval of the site plan contingent upon outstanding agencies.Seconded by Mrs.
Lampton.So ordered.
Preliminary Consultations:
Jellystone Campground:
It was the consensus of the Planning Commission to review this item along with the request for
Water and Sewer designation later this evening.
Perini Industrial Land 1.1.c.:
Mr.Arch presented the summary for the Perini Industrial Land 1.1.C.property located on the
west side of Pennsylvania Avenue (U,S.Route 11)and south of Showalter Road and proceeded
to review the phases.He stated that several roads would be built with this development,one
164
coming out onto Pennsylvania Avenue,and the second one coming off of Showalter Road which
ties into Crayton Boulevard.Mr.Arch stated that the property is zoned Highway Interchange-I.
He said that the County Engineer's office has several issues concerning storm water
management,and traffic.He said that the State Highway Administration also had issues
regarding relocating the current driveway and storm water management.The site will be served
by sewer by the City of Hagerstown.He said that water is another critical issue.He reviewed
comments from the Maugansville Fire Department and noted on the plat where the County has
an easement where development is not allowed that overlaps the no fly zone.He said that there
were some issues with FAA that need to be worked out.In regards to forest conservation,Mr.
Arch stated the owner is proposing to use the payment in lieu of option.He said that the
Historic District Commission commented on some of the structures.A discussion followed
regarding traffic,forest conservation,the proposed roads and the location of the high and low
pressure areas.It was the consensus of the Plauning Commission that they were in agreement
with the comments in the summary.
Jellystone Campground Preliminary consultation and Request to amend the Water Sewer Plan:
Mr.Lung stated that last month they had a preliminary consultation for the Jellystone
Campground located east of Williamsport near I-81.He said that it is a 90 acre site and that the
main reason for the consultation was a need to address sewage disposal on the site for future
expansion.He stated that currently the site is served by a septic system and according to the
'Health Department they are running out of reserve area repairs to that septic area and in
considering the overall plan they also need to look into alternative methods for treatment which
includes a package treatment plant or a connection to the County's existing sewer line.He
stated that both of those options would require an amendment to the County's Water and Sewage
Plan and having this preliminary consultation is one of the requirements that has to be met before
they can file for an amendment.He said they had the consultation in early April and filed for an
amendment to the Water and Sewer Plan for the public hearing in June.He said that the main
discussion at the consultation was how this area could be served with public sewer and that it
would have to be a restricted use service area since it is located outside the urban growth area.
He said that their options were either a package treatment plant or a connection to the County's
sewer line located on MD 68 near 1-81.He said they are going to be doing an extension of that
line to the Redman Club and that would give them the possibility of extending the line to this
site.Mr.Lung stated that based on the application that they received for the Water and Sewer
Plan amendment,the applicant is proposing to go in the direction of hooking up to the County
line instead of going with the package treatment plant.He stated that as far as the future
development of the campground,their immediate plan is for 20 additional camping spaces which
can be served with the onsite septic system according to the Health Department.But any further
development after these 20 camping spaces will require some alterative method of treatment.
Mr.Lung stated that this plan reflects the total build out of the entire campground.He said that
the main reason for presenting the consultation this evening was to incorporate any comments
the Plarming Commission may have on the consultation and on the provision of service to this
area into the staff report for the amendment.He stated that both Fred Frederick,the consultant,
and Mr.Vitkun,the owner,were present to answer any questions.Mr.Frederick referred to the
plan and pointed out the proposed 20 spaces.He said that one of the things they would like to
request of the Commission is to allow staff the right to approve the 20 spaces.He explained that
the owner wants to level off the area,put gravel down and run the electric and water to the sites
and is already working with Paul Prodonovich to get his permit.Mr.Iseminger asked if staff had
a problem with that request.Mr.Lung stated that there was an issue about setbacks.Mr.
Frederick stated that they are going before the Board of Appeals next Wednesday and Mr.Vitkun
has already met with his neighbor.A discussion followed regarding the setbacks,the Board of
Appeals process and the growth area.Mrs.Lampton made a motion to give staff the authority to
grant site plan approval for the 20 lots.Seconded by Mr.Clopper.So ordered.
165
OTHER BUSINESS:
RZ-OO-OOl,Triad Properties,staff report and recommendation:
Mr.Moser stated that since there is a lot of interest in the first three rezoning cases,that he would
give the applicant and someone representing the opposition 3 minutes to speak.
Mrs.Pietro stated she had nothing to add to the staff report.Mr.Allensworth,representing the
opposition spoke.He said that they feel the staff report did not stress certain things sufficiently,
especially possible links between the development on the other side of the road and the proposed
rezoning site.He stated that the opposition feels it is premature to engage in any discussions of
this property until they see how the development being annexed into the City of Hagerstown,
which will be primarily duplexes,will impact the area.He said a concern is that if this rezoning
is granted by the Planning Commission that the developer would also have multi units on this
site and that the neighbors would like to see this property developed into nice lots which are
comparable to the lot sizes in the adjoining subdivisions.Mr.Oliver,representing the applicant,
stated that there is no site plan prepared for this site and as far as he knows they will start with
single family homes and that the issues raised tonight are in connection with the site plan to be
submitted and not the rezoning request.
A discussion followed with the Planning Commission members regarding the proposed zoning,
the fact that this site is in the growth area and concern with traffic.Mr.Clopper made a motion
'to recommend to the County Commissioners that they adopt RZ-OO-OOI because there has been a
determination that there has been a change in the character of the neighborhood,that the
proposed rezoning is consistent with the Comprehensive Plan,that it is logical and appropriate
for the area and that their findings of facts are consistent with the findings of facts in the staff
report.Seconded by Mrs.Lampton.Mr.Iseminger abstained.So ordered.
RZ-00-006,Evergreen Properties,staff report and recommendation:
Mr.Lung stated that he did not have anything to add to the staffreport.A discussion followed
regarding whether the Planning Commission could recommend disapproval of a portion of it,
concern with the proposed RM -Residential Multi-Family portion,the fact that RM was not
logical with the single family homes to the south,concern with traffic and whether they could
change the proposed RM area to RU.Mr.Clopper made a motion to recommend that the RU
and BG rezoning is logical and appropriate with the Comprehensive Plan and that the County
Commissioners deny the area requested for RM zoning and instead adopt a RU zoning and that
the finding offacts in the staff report are adopted.Seconded by Mr.Nichols.Mr.Iseminger
abstained.So ordered.
RZ-00-002,632 Joint Venture,staffreport and recommendation:
Mr.Goodrich distributed an amended page 3 of the Staff Report which acknowledged receipt of
a petition with 20 signatures and an additional letter that were received during the 10 day period.
Both opposed the rezoning.
Mr.Arch stated that if the Commission was uncomfortable with the limited time to review the
corected page of the staff report and the additional correspondence they could table this item
until June.Mrs.Lampton made a motion to table the recommendation until the June meeting.
Seconded by Mr.Clopper.So ordered.
RZ-00-003,The Potomac Edison Company,staff report and recommendation:
Mr.Moser stepped down and turned the Chair over to Mrs.Lampton since he works for
Allegheny Power.Mr.Goodrich stated that Potomac Edison was attempting to submit an
amendment to clarify what is already there in the Zoning Ordinance.Mr.Ernst made a motion to
166
recommend approval ofRZ-00-003 based upon consistency with the Comprehensive Plan.
Seconded by Mr.Clopper.Mr.Iseminger abstained.So ordered.
RZ-00-004 Arthur Williamson.staff report and recommendation:
Mr.Moser stated that this request is for a historic preservation overlay.Mr.Ernst made a motion
that the County Commissioners adopt RZ-00-004 based on staff report and testimony that the
applicant meets the criteria established for creating an overlay and staff s findings of fact are
adopted by the Planning Commission.Seconded by Mr.Nichols.Mr.Iseminger abstained.So
ordered.
CIP:
Mr.Arch stated that the action ofthe Planning Commission is to determine consistency with the
Comprehensive plan for FY 2001.He said that what they have is the current draft that will go to
public hearing.He said that the only area where he sees there may be some changes deals with
the park sections where they adopt the POS.He said that there is nothing that is inconsistent
with the Comprehensive Plan and that there is not a lot of new construction and that the only one
they might want to look under new construction is the extension of Halfway Boulevard into the
Hopewell area.He said that the big item this year is Solid Waste due to the new landfill.A
'discussion followed regarding the airport,Robinwood Corridor and project open space.Mr.
Ernst made a motion that the CIP is consistent with the Comprehensive Plan.Seconded by Mr.
Nichols.So ordered.
ADJOURNMENT:
There being no further business,the meeting adjourned at 9:00 p.m.
~2~~~/)
Bernard 1.Moser,Chairman
167
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -JUNE 5,2000
The Washington County Planning Commission held its regular meeting on Monday,June 5,2000
in the County Commissioners Meeting Room.
Members present were:Chairman,Bernard 1.Moser;R.Ben Clopper,Robert Nichols,Don
Ardinger,Robert Ernst,II and Ex-Officio,Bertrand Iseminger.Staff:Director,Robert C.Arch;
Chief Senior Planner,Stephen T.Goodrich;and Senior Planners,Timothy A.Lung and Lisa
Kelly Pietro.Absent was:Vice Chairperson,Paula Lampton.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 p.m.
Before proceeding with Old Business,Mr.Moser stated that if there were no objections,that the
July meeting scheduled for July 3,2000 would be postponed until July 10th.It was the
consensus ofthe Planning Commission to postpone the meeting until July 10th.
MINUTES:
Mr.Ernst made a motion to approve the minutes of March 6,2000.Seconded by Mr.Iseminger.
So ordered.
OLD BUSINESS:
RZ-OO-002,632 Joint Venture,Staff Report &Analysis Following Public Hearing:
Mr.Goodrich made no additions or changes to the Staff Report.A discussion followed regarding
the interchange.Mike Armel,a resident of the area,spoke in regards to the conditions offered by
the applicant and asked that the Planning Commission give consideration to concerns of all
residents of the neighborhood and not just those of Towne Oak Village.In response to Mr.
Iseminger's question,Mr.Goodrich said the Planning Commission would have the ability to
impose the additional buffer and setbacks negotiated between the applicant and Towne Oak
Village residents if they are included as a condition and if and when the amendment is proved by
the Board of County Commissioners.Further discussion followed regarding a change in the
character of the neighborhood and the agreements made with the adjacent property owners.Mr.
Ardinger made a motion to recommend approval of the development to the County
Commissioners including acceptance of neighborhood as defined and concurrence that a case for
change in the character of the neighborhood was successfully argued,that the proposed zoning
was logical and appropriate and consistent with the Comprehensive Plan and that the Planning
Commission also adopts the findings of fact as outlined in the Staff Report as their own findings
of fact,and also recommended that the conditions stipulated in the agreement between 632 Joint
Venture Partnership and Towne Oak Village residents be adopted as conditions associated with
the rezoning.Seconded by Mr.Clopper.A vote was taken.Mr.Ardinger,Mr.Ernst,Mr.
Clopper,Mr.Nichols,voted aye.Mr.Moser voted no.Mr.Iseminger abstained.So ordered.
NEW BUSINESS:
Subdivisions:
Crown America,Lot 2 and 3 preliminary/final plat:
Mr.Lung presented the preliminary/final plat for Crown America.He stated that they are
commercial lots situated on the south east corner of Massey Boulevard and that uses have not yet
168
been determined.He said there is a note on the subdivision plat indicating that a site plan will be
required prior to the development of the lots.Public water and sewer is available to the site.
There is a drainage easement through Lot 2,which may restrict the building area.In regards to
forest conservation,a portion of these lots were included in the payment in lieu of for the mall
extension,and a portion was not.He said that they submitted a forest stand delineation showing
no forest or priority areas on the site and are proposing to pay into the fund for the remaining area
as they did for the rest of the site.He said that a revision was submitted to address Permits
Department comments.Mr Iseminger made a motion to grant preliminary/final plat approval
contingent upon agency approvals,and to allow forest conservation payment in lieu.Seconded
by Mr.Ernst.So ordered.
632 Joint Venture Preliminary/Final Plat:
Mrs.Pietro presented the preliminary/final plat for 632 Joint Venture.Subject site is located
along the southeast side of the Downsville Pike and is zoned HI -I.She stated that the developer
is proposing to subdivide 1.23 acres for a future commercial lot and that 5 acres will remain with
the old Moose Lodge.The site will be served by public water and sewer and access will be off
the Downsville Pike.She said that a note has been added to the plat stating that a site plan is
required prior to construction on the lot and also vegetative trees or fencing must be placed along
the eastern property line and buffer yard will also be required.In regards to forest conservation,
Mrs.Pietro stated that the developer is using the express procedure and will pay $784.08.All
'agency approvals have been received.A discussion followed regarding the entrance.Mr.
Ardinger made a motion to approve the preliminary/final subdivision plat.Seconded by Mr.
Nichols.So ordered.
Site Plans:
Carl Ebv:
Mr.Lung presented the site plan for Carl Eby.The subject site is located on the north side of
MD Route 68 and is zoned Agriculture.He said that this site was before the Planning
Commission last month for a variance request for parihandle length.He said that Mr.Eby is
proposing a lumber drying and storage facility on 2.10 acres.He said that Mr.Eby lives on the
site and that the business is a one man operation involving 2 buildings a 25 x 40 kiln building
and a 90 x 50 storage building.He said that a special exception was granted by the Board of
Zoning Appeals last year.The subdivision ofthe lot was approved last November.The site will
be served by private well and septic and Health Department approval has been received.He said
that State Highway Administration has approved the entrance onto MD 68.There is a small
storm water management facility located behind the buildings.Hours of operation are 8:00 a.m.
to 5 :00 p.m.Monday through Friday and expects 2 to 3 trailer deliveries per week.Dusk to dawn
security lights are on the building and white pines are to be planted along the property line.In
regards to forest conservation,originally it was exempt from Forest Conservation because it was
an immediate family member lot for residential use.The commercial use is not exempt and will
require .32 acres of forest conservation.The applicant is requesting payment in lieu of
$1,393.92.He said there is no existing forest or priority areas on this site and staff does not
object.Mr.Iseminger made a motion to grant site plan approval and allow the payment in lieu
of in the amount of$I,393.92.Seconded by Mr.Clopper.So ordered.
EB Ltd Partnership:
Mr.Lung stated that this is for a proposed warehouse to be located on a previously approved lot
in the Huyetts Business Park on the north side of Business Parkway.The property is zoned HI-I.
He said this is Lot 13 and was approved last April by the Planning Commission and consists of
8.5 acres.He said that at that time the forest conservation plan was reviewed and that payment
in lieu was approved.The proposed building is a 400 x 200 warehouse building,the building
height is 26 feet.There are two entrances proposed into the site,there is a gravel parking lot,
169
hours of operation are 7:00 a.m.until 5:00 p.m.,public water and sewer will serve the site.There
is a regional storm water management facility to handle the runoff and it has been approved by
the County Engineer and Soil Conservation.Landscaping has been provided around the front of
the building and a buffer of white pines along the back of the building,a screened dumpster is
proposed on each side ofthe building and there will be building mounted lights around the sides
and back of the building.All agencies have approved except for Permits who are currently
reviewing a revision that was recently received per their comments.A discussion followed.
Mr.Ardinger made a motion to approve the site plan as submitted,contingent on all agency
approvals.Seconded by Mr.Ernst.So ordered.
Preliminary Consultations:
The Pines:
Mrs.Pietro presented the summary for the Pines lots 3-9.The property is located on 27 acres,
zoned Agricultural,and is situated along the west side of Old National Pike.In regards to
forest conservation,Mrs.Pietro said that there are priority areas on the site (flood plain and the
Antietam Creek).She said they had discussed regeneration of some acreage along the creek.
There was also talk of planting and getting approval of retention of off site forest.She said that
she mentioned to the consultant that to plant on site would be fine.However,to do the
regeneration and off site retention,the developer would need approval from the Planning
Commission.They will need to replant 4 acres.Mr.Frederick briefly spoke regarding why
·planting on site and regeneration would not be feasible.Instead they would like to protect the
forest on the remaining lands along the creek.A discussion followed regarding forest
conservation and the use of Best Management Practices for lots 4,5,and 6,and to retain 4 acres
on the remaining lands.It was the consensus of the Planning Commission that they were in
agreement with the comments in the staff report.Mr.Frederick asked for clarification explain
what is required for forest conservation and was advised to have a 35 feet wide easement across
the Antietam Creek.
Cross Creek:
Mrs.Pietro stated that she did not have anything else to add to the summary.A discussion
followed regarding Poffenberger Road and the fence along the rail road tracle.It was the
consensus of the Planning Commission that they were in agreement with the comments in the
staff report.
OTHER BUSINESS:
South Point PUD.Plans showing the new layout of town homes:
Mrs.Pietro referred to the overall plan and pointed out what was to be on the eastern side.The
developer,Mr.Crampton,would like to alter the street system and put in a different type of town
home.Mr.Crampton stated that what was originally proposed was two story town homes.He
would like to construct one story townhouses.Mr.Crampton is also proposing to take 2 or 3 of
the proposed apartment buildings and make them into one large building with an elevator.The
density of the apartment use would not change.Mr.Arch stated that with this change there are
no established setbacks as part of the PUD section of the Ordinance.Therefore,they are all
established by the Planning Commission and that is the primary reason why they revised PUD
plans come back to the Planning Commission.He said that if they would be staying within the
building envelop then it would probably not require the owner to come back.Mr.Ardinger
made a motion to approve the applicants request as per their presentation.Seconded by Mr.
Iseminger.Mr.Ernst abstained.So ordered.
RZ-OO-007.Dr.Vincent Smith,Staff Report Following Public Hearing:
Mr.Lung referred to the staff report and stated that he presented some possible options regarding
the issue raised during the hearing and in Paul Prodonovich's follow up memo concerning the
170
shale extraction and the sawmill.He said that the staff consulted with the County Attorney and
it appears that legally neither of these issues would stand in the way of a rezoning and that they
could continue as legal nonconforming uses.However,staff still has some concerns about the
appropriateness of the rezoning knowing that these issues exist.A discussion followed regarding
whether they can legally continue,and the fact that it is a self imposed hardship.Mr.Arch
pointed out that the current zoning is Agricultural and residential development is allowed there.
He said that once a house is built the owner will contact the County not the developer when they
have problems with the sawmill and the shale trucks.He said the issue to him in this request is
that they have multiple uses on this property taking place and whether or not the Planning
Commission wants to grant all of them at this time or not.Further discussion followed regarding
the fact that a change has taken place,the fact that there were complaints about the dust,the fact
that buffers have not been established,the fact that there is a small junk yard on the site and
whether or not they should postpone making a decision tonight until additional information is
obtained and questions answered by the County Attorney.Mr.Ardinger made a motion to table
the rezoning recommendation for RZ-00-007 until the July meeting.Seconded by Mr.Nichols.
Mr.Iseminger abstained.So ordered.
Forest Conservation Determination.P.LL.for Grace Academy:
Mr.Lung stated that this is a request for use of payment in lieu.He said that Grace Academy is
proposing to construct a school on a 36 acre parcel that was created in 1995 via the simplified
plat process.The property is zoned Agricultural and is located off of Maryland 58,Cearfoss
Pike.Mr.Lung stated that when they approved the simplified plat in 1995 it was exempt from
the forest conservation because it was approved not for development purposes.They are now
proposing to develop it and they need to go through the preliminary and final subdivision process
to make this a developable parcel and that forest conservation will be required.He said the forest
stand delineation indicates no existing forest on the site and based on the mitigation factor of
15%there would be approximately 5.25 acres of afforestation required.The developer is
proposing to use payment in lieu of planting to meet his obligation which would be $22,869.00.
Mr.Lung referred to the Forest Conservation Ordinance preferred sequence for afforestation and
payment in lieu is at the bottom of the list.He said that there are wetlands directly to the east of
the property and that forest conservation on the site would provide filtering of water run off on
the site.He said there is a farm field to the west,soccer club to the east,a future section of
Maugans Meadow residential subdivision to the north and an existing residential development to
the south.He said there appears to be priority area for buffers between different land uses.Mr.
Llmg suggested that since this is a school that they may want to make the Forest Conservation
area an educational tool.The developer stated that they were proposing substantial landscaping
on the site and that they did not believe that a forest planting area would be appropriate.A
discussion followed regarding the payment in lieu of fund.Mr.Ernst made a motion that they
accept the payment in lieu of.Seconded by Mr.Nichols.So ordered.
ADJOURNMENT:
Thcre he,""nn filllli~b"',,,,",tire m~tingQd ~:~I\~
Bernard L.Moser,C aIrman
171
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -JULY 10,2000
The Washington COlmty Planning Commission held its regular meeting on Monday,July 10,
2000 in the County Commissioners Meeting Room.
Members present were:Vice Chairperson,Paula Lampton;Robert Nichols,Don Ardinger,
Timothy Henry,Robert Ernst,II and Ex-Officio,Bertrand Iseminger.Staff:Director,Robert C.
Arch;Chief Senior Planner,Stephen T.Goodrich;and Senior Planners,Timothy A.Lung and
Lisa Kelly Pietro.Absent was R.Ben Clopper.
CALL TO ORDER:
The meeting was called to order by the Vice Chairperson at 7:00 p.m.
ELECTION OF OFFICERS:
Mr.Ernst made a motion to nominate Paula Lampton as Chairperson.Seconded by Mr.
Ardinger.Mr.Nichols moved to close the nomination.Seconded by Mr.Ardinger.So ordered.
Mr.Ardinger made a motion to nominate Robert Ernst as Vice-Chairman.Seconded by Mr.
Nichols.Mr.Nichols made a motion to close the nomination.Seconded by Mr.Ardinger.So
ordered.
MINUTES:
Mr.Ernst made a motion to approve the minutes of April 3,2000.Seconded by Mr.Iseminger.
So ordered.
Before proceeding with Old Business,Mr.Arch stated that he had two items to be removed from
the agenda.Under Forest Conservation -Keefauver Off Site Forest Conservation Retention Area
and under Preliminary Consultations,Gene Albert.Mr.Arch explained that they received a
letter from Mr.Albert requesting that item be deleted from the agenda at this time.
OLD BUSINESS:
RZ-00-007,Vincent P.Smith,Rezoning Recommendation:
Mr.Lung stated that this item was postponed from the June meeting in order to receive
comments from the County Attorney addressing the Plarming Commission's questions.
A discussion followed regarding the County Attorney's comments.Mr.Ardinger made a motion
that the County Commissioners adopt RZ-00-007,based on the fact that it is consistent with the
Comprehensive Plan,that it is logical and appropriate,the fact that the applicant made a case for
change in character in the neighborhood and that they adopt the findings of fact as outlined in the
staff report.Seconded by Mr.Ernst.Mr.Iseminger and Mr.Henry abstained.So ordered.
NEW BUSINESS:
Variances:
Oaldeigh Estates -Request for Extension of Final Plat:
Mr.Lung presented the variance request for Oaldeigh Estates.He explained that Mr.
Brandenburg is requesting a one-year extension of the final subdivision plat for Oakleigh Estates
that was approved on July 14,1998.He stated that Oakleigh Estates is a 22 lot,residential
subdivision located on 15.3 acres,zoned Residential Urban and is located southwest of Foxleigh
Meadows and behind Terrace Hills subdivision.Mr.Lung reviewed Mr.Brandenburg's letter
outlining his request for an extension as follows:I)need to obtain quotes for infrastructure work
by a contractor;2)illness in the family which affected the amount of time he could spend on this
project.A discussion followed regarding the fact that the Plarming Commission has
discontinued giving one year extensions and the fact that they have previously granted a 6 month
extension.Mr.Iseminger made a motion to grant a 6 month extension to Oakleigh Estates.
Seconded by Mr.Ardinger.So ordered.
Subdivisions:
Potomac Manor,Section H,Final Plat:
Mr.Lung presented the final plat for Potomac Manor Section H.He stated that the development
172
is located south aud west of Eastern Boulevard adjacent to the City of Hagerstown and has been
developed in numerous phases over several years.A preliminary plat for Sections G aud H was
approved in June of 1991.Mr.Lung stated that Section H contains 37 lots on 12.8 acres aud is
zoned Residential Urbau.He said this also involves the extension of Hollymeade Terrace into a
cul-de-sac as well as the construction of two new cul-de-sac streets.The lot sizes rauge from .25
acre to .50 acre in and will be served by public water aud sewer from the City of Hagerstown.
Mr.Lung stated that a mapped 100 year flood plain runs through the property in the rear of the
building lots aud a stream buffer has been established.The development is exempt from the
Forest Conservation Ordinance since the Preliminary Plat was submitted prior to the adoption of
the Ordinauce.Mr.Lung stated that this is what is left of Potomac Manor except for some lots
that are in the City of Hagerstown.He said that the property is divided by the City/County
boundary aud there will be some additional lots in the City that will be served by the new County
streets.He said that the plat is ready for approval except for some addresses that need to be
assigned to the lots.A discussion followed regarding the stream.Mr.Iseminger made a motion
to approve the final plat for Potomac Manor.Seconded by Mr.Ernst.So ordered.
Site Plans:
Sharpsburg Missionary Baptist Church:
Mrs.Pietro presented the site plan for the Sharpsburg Missionary Baptist Church.The property
is located along the southeast side of Shepherdstown Pike (Route 34)aud is zoned Agriculture.
The developer is proposing to create a 4,500 square foot church on 3.5 acres.The subject site
.will have one access onto Route 34 which will be shared by the adjacent property.Mrs.Pietro
said that this was approved years ago and is part of Antietam Approach.The site will be served
by individual wells aud septic systems,68 parking spaces will be provided,there will be no
dumpster aud the sign is proposed next to the entrauce,there will be both building aud pole
mounted lighting and hours of operation are Sunday morning aud evening and Wednesday
evening.The site is exempt from Forest Conservation requirements since it is a lot of record and
all approvals are in except for the Health Department.Mrs.Pietro said that revisions were
forwarded to them last week.Mr.Ernst made a motion to graut site piau approval subject to all
agency approvals.Seconded by Mr.Iseminger.So ordered.
Holiday Inn Express:
Mrs.Pietro presented the site piau for the Holiday Inn Express.The site is located west of the
intersection of Halfway Boulevard aud Railway Laue aud is zoned Business General.There is a
small portion of the site located in the City aud that is zoned Commercial General.The
developer is proposing to construct au 83 room hotel on the 28 acre tract and the site will be
served by public water aud sewer aud au access road will connect with the existing Railway Laue
and at auy such time that subdivision occurs,that the extension of Railway Laue will become
public.Mrs.Pietro stated that the hours of operation will be 24 hours per day,25 employees,
there will be 92 parking spaces plus 3 bus parking areas.Daily use will be approximately 250
vehicles per day and there will be daily freight aud delivery.There will be 2 free stauding signs -
one close to the interstate aud at the front of the building will be a building mounted sign.The
lighting will be building mounted and pole mounted throughout the parking lot.Storm water
mauagement will be provided by a regional pond.Mrs.Pietro stated that Forest Conservation
requirements have been met by off site retention on other lauds owned by Mr.Bowman and that
piau was approved in 1996 on the Lightner property which is located off of 1-81 in Williamsport.
She said that 4.8 acres of trees were retained.Laudscaping is to be located around the hotel and
throughout the parking lot.All agency approvals have been received.A discussion followed.
Mr.Ardinger made a motion to approve the site plan.Seconded by Mr.Ernst.So ordered.
Bowmau Group LLC,Phase 2:
Mr.Lung presented the site plan for Phase II for the Bowman Group.The developer is
proposing to construct a 600,000 square foot warehouse building along the west side of
Hopewell Road across from the Phillips Driscoe Pipe facility.The site consists of 40.5 acres aud
is zoned Industrial General.Mr.Lung noted that Phase I consists of a 360,000 square foot
warehouse and that the proposed building will be built in front of it.Access will be provided off
of an existing road for Phase I as well as an additional access established across from Phillips at
the end of the building.The proposed building is 300 x 2,000 feet.Parking and loading will
173
occur in a paved area across the front of the building.There are 57 loading dock doors spread
across the front of the building.The hours of operation are 24 hours,7 days a week with 50
employees working three shifts with 42 parking spaces.There is a future rail spur to access
across Hopewell Road and access to the back of the Phase 2 building.There are building
mounted lights proposed around the building and landscaping is provided.Public water and
sewer is available to the site.Mr.Lung stated that Forest Conservation is addressed by the
overall Forest Conservation Plan for the Newgate Industrial Parle.All agency approvals have
been received.A discussion followed.Mr.Iseminger made a motion to grant site plan approval.
Seconded by Mr.Ernst.So ordered.
AC&T Co.Hotel Site:
Mr.Lung presented the site plan for the AC&T Hotel Site to be located in the AC&T Travelers
Plaza,which is located at the intersection of Halfway Boulevard and Hopewell Road.The
property is zoned HI-I and the Board of Zoning Appeals in 1997 approved a special exception.
Mr.Lung proceeded to review the overall plan for the Travelers Plaza.There is an existing
convenience store with truck fuel pumps,as well as an existing entry road into the truck parking
area.The hotel will sit up on a hill in an area that is currently being used for truck parking.
Access to the hotel will be by the existing access road that runs from Hopewell Road back to
Blake Road.The building will be 2 stories approximately 232 x 56 feet in size,66 parking
spaces are provided with additional car and truck parking spaces as part of the Travelers Plaza for
a total of 126 car spaces and a 122 truck spaces.The parking lot dedicated to the hotel is located
.in front of the building.Mr.Lung reviewed the landscaping along the front of the building and
in the parking lot.He said that an asphalt pathway runs from the hotel parking lot down the hill
and connects with the existing pedestrian walkway so someone could walk safely from the hotel
to the convenience store (request of Planning Staff).Lighting will be provided by wallpack type
building mounted lights around the building and pole mounted flood lights in the parking lot.
Mr.Lung stated that staff does have concern with these types of lights which tend to present
glare problems.He said in this case there are no adjacent residential properties but staff is
concerned with light glare from the massive flood lights.He said that Staff recommends that a
condition of site plan approval should be that the developer agrees to make any necessary
adjustments to those lights should glare become a problem on the site.Public water and sewer is
available to the site.Engineering and Soil Conservation have approved the site plan and storm
water management will be handled by an existing pond that is located in the front of the property.
Mr.Lung said that forest conservation was previously addressed through payment in lieu of.He
said there is one other item still outstanding.Part of the property that the hotel is to be built on
was obtained by the developer via a simplified plat,which is not for development purposes.He
said that before the site can be developed,a development plat must be submitted and approved
and staff recommends that this be a condition of approval of the site plan.He said that this
morning he received a fax from the Halfway Fire Department requesting an additional fire
hydrant on the site and he forwarded that information to the consultant.A discussion followed
regarding the lighting.Mr.Iseminger made a motion to grant site plan approval contingent upon
the changing of the lighting,that the developer come back with a development plat and that an
additional fire hydrant be added to the site.Seconded by Mr.Ardinger.So ordered.
Fulton Properties,Truck Maintenance Building:
Mr.Lung presented the site plan for the Fulton Properties Truck Maintenance Building.He
stated that the proposed building is a 60 x 80 foot truck maintenance building to be built on
property owned by Fulton Properties located in an industrial park northeast of the Hagerstown
Airport off ofPem1sylvania Avenue and is zoned Planned Industrial.He referred to the plan and
stated that it is an overall plan of the industrial park.He said that the name of the business is
Quad State Truck and Trailer Repair and is for the purpose of serving trucks and trailers which
use the nearby truck terminal.Hours of operation are 6:00 a.m.until to 4:00 p.m.,there will be 4
employees,4 parking spaces plus one handicap space is provided plus 6 trailer parking spaces to
the back of the building.Since the property is zoned Planned Industrial,there is a 75 foot
setback required between building lots in the PI district and since the Mayflower building was on
a separate lot,they were supposed to hold 75 feet between the two properties.Mr.Lung stated
that the developer was granted a variance from the Board of Zoning Appeals to reduce the buffer
down to 15 feet.He said there are few trees for landscaping proposed near the front of the
174
parking lot.Public water and sewer is available to the site.Storm water management will be
handled in an existing structure on site.There are building mounted lights and a note has been
added to the plat that the lights will be shielded to prevent any glare problems.This lot is
exempt from forest conservation requirements since it is an existing lot of record prior to the
adoption of the Ordinance.A discussion followed.Mr.Nichols made a motion to grant site plan
approval.Seconded by Mr.Ardinger.So ordered.
Preliminary Consultations:
Millyville:
Mrs.Pietro presented the preliminary consultation for Millyville.She stated that she did not
have anything to add to the summary.The subject site is located along the northwest side of
Ashton Road,and consists of 33.4 acres zoned Agriculture.The developer is proposing to create
15 single family residential lots approximately 2 acres in size.A discussion followed regarding
access to Lot 11,the grading work that was done and the 50 foot reserved piece of land accessing
the State property and who would be responsible to retain it.It was the consensus of the
Planning Commission that they were in agreement with the comments outlined in the summary,
as well as concerned with who would maintain the 50 foot right-of-way.
Gene Albert:
Mr.Goodrich stated that a preliminary consultation was held last month and as a result he was
prepared to review several issues that needed the Planning Commission's attention,but since that
.time the developer has requested that it be withdrawn.He said that the issues raised will
probably come up again when the site is developed in the future.
OTHER BUSINESS
RZ-00-008,Ted Kretzer.Staff Report and Recommendation:
Mrs.Pietro stated that she had nothing to add to the staff report.Mr.Ardinger made a motion
that the proposed neighborhood was in fact acceptable to the Plarming Commission,that the
applicant did make a case for change in character of the neighborhood,that the proposed BT
zoning was logical and appropriate and consistent with the County Comprehensive Plan and that
the findings of fact included in the staff report are adopted by the Planning Commission as its
findings offact.Seconded by Mr.Nichols.Mr.Iseminger and Mr.Henry abstained.So
ordered.
WS-OO-OOl,Homer Bivens,Staff Report and Recommendation:
Mr.Lung stated that he had nothing to add to the staff report.He said that during the public
hearing the Commissioners had asked for a comparison of lots that were approved on public
water versus lots that were approved on wells.He said that the conclusion of their analysis is
that lots do tend to be smaller on public water than they do with a well.He said that it appears in
this area and any rural area of the County the lot sizes were dictated by the desire of the
subdivider.He also stated that Mr.Schlossburg made a reference that this was the only piece of
property in the designated service area per the agreement with the City and was not in the
adopted subdistrict,that is not true.Mr.Lung stated there are considerable undeveloped acres of
farm land that are in the designated service area that were not in the subdistrict.He said they
could see more of these requests and what will eventually stop it would be when the capacity of
the lines is reached.A discussion followed regarding density.Mr.Ardinger made a
recommendation to the County Commissioners that the amendment would be consistent with the
Comprehensive Plan and that they recommend approval as long as there would be no additional
density provided above and beyond what would be allowed without public water.Seconded by
Mr.Ernst.Mr.Iseminger and Mr.Henry abstained.So ordered.
WS-00-002,Ron &Vicki Vitkun.Staff Report and Recommendation:
Mr.Lung stated that he had nothing else to add to the staff report.He said that some questions
came up during the hearing that were leaning in the direction of whether this line should be
designed to possibly serve the adjoining property in the growth area and how the line was sized
that was supposed to go to the Redman Club.He said that he spoke to Jim Bishop at Water and
Sewer and he explained a 2 inch line was designed primarily to serve the Redman Club and the
camp ground and nothing else.The reason being,is that when you are dealing with a pressure
175
type system,you have to size the line according to the amount of flow that is going through it.If
the line is oversized,the system will not work properly for a pressure system.Mr.Lung stated
that he was also informed that if the developer planned to hookup for future development,then
they would have to look at a gravity system and that is not in the County's realm of possibility
for that area at this time.Mr.Ardinger made a motion to recommend approval,since the
proposed amendment is consistent with the Comprehensive Plan.Seconded by Mr.Ernst.Mr.
Iseminger and Mr.Henry abstained.So ordered.
Black Rock Golf Course Subdivision Lot 1 -Off Site Septic System Location:
Mr.Arch stated that the Planning Commission always approves those subdivisions where the lot
being proposed is not in the same area where the septic system is being proposed.He said that in
this case there is a reserve area across the road from the lot,which is being proposed so it would
be an off site septic system.He said that they would be approving for this subdivision the use of
an offsite septic disposal reserve area.Mr.Ardinger made a motion to approve the off site septic
reserve area.Seconded by Mr.Nichols.So ordered.
RZ-00-005,Manny Shaoo!,Staff Report and Recommendation:
Mrs.Pietro stated that she had nothing else to add to her staff report.A brief discussion followed
regarding the fact that according to the Engineering Department,there is no time table involved
in the connection of Battlecreek Boulevard and Poffenberger Road.Mr.Ernst made a motion
that the developer did present a case that was acceptable for a mistake in the original rezoning,
.and therefore the request should be approved since it is consistent with the Comprehensive Plan
and is logical and appropriate for the area and the finding of facts are adopted by the Planning
Commission.Seconded by Mr.Nichols.Mr.Iseminger and Mr.Henry abstained.So ordered.
ADJOURNMENT:
There being no further business,the meeting adjourned at 9:00 p.m.
7tJv,-k..A d~~
Paul~A.Lampton,ChairpJllson
176
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -AUGUST 7,2000
The Washington County Planning Commission held its regular meeting on Monday,August 7,
2000 in the County Commissioners Meeting Room.
Members present were:Chairperson,Paula Lampton;Vice Chairman,Robert Ernst,II;Robert
Nichols,R.Ben Clopper and Ex-Officio,Bertrand Iseminger.Staff:Director,Robert C.Arch;
Chief Senior Planner,Stephen T.Goodrich;and Senior Planners,Timothy A.Lnng and Lisa
Kelly Pietro and Associate Planner,Jill Baker.Absent were Timothy Henry and Don Ardinger.
CALL TO ORDER:
The meeting was called to order by the Chairperson at 7:00 p.m.
Before proceeding with New Business,Mrs.Lampton stated that under Forest Conservation,
Mike Keefauver would be withdrawn this evening.
NEW BUSINESS:
Variances:
Ernest and Brenda Hott -Panhandle Length:
Mr.Lung presented the request for Ernest and Brenda Hott.The property is located east of Dam
No.4 Road south of Shaffer Road and is zoned Agriculture.The request is from Section
405.11.G is the Subdivision regulations that deal with the criteria for panhandle lots which limits
the length to 400 feet and establishes that no more than two panhandles are to be located side by
side.He referred to the exhibit plat and pointed out the original parcel which accesses Dam #4
Road via a panhandle that is approximately 100 feet wide and 800 feet in length.He said that in
1985 a subdivision plat created Lot 1 and in order to meet the requirements that all the lots have
25 feet of public road frontage,there was a panhandle created for this lot.He explained that it
split the original 100 foot panhandle into two panhandles from 50 foot wide on the north side and
a 25 foot wide on the south side.Mr.Lung said that now the owner wishes to create another lot
around the existing dwelling and utilize the 25 feet on the south side as a means of access.He
added that the panhandle would be approximately 600 feet long there is an existing gravel lane
called Hott Lane which serves the remaining lands as well as eight additional dwellings and one
business on property owned by others further back on Hott Lane.He said that nothing was
mentioned in the application regarding ownership and maintenance responsibilities of this lane.
He said that the creation of the new lot would not change any of the existing conditions.He said
that staff is concerned with what might happen in the future and suggested that if the
Commission approves this request that they malce it conditional that any future lots to be
subdivided be accessed by a public street.He said the reason for this is that they have a
preliminary consultation in their office for four additional lots out of the remaining lands.He
said it has not yet been processed because they have not received the Forest Stand Delineation,
which is a prerequisite for Preliminary Consultations.He said that Staff is very concerned about
the concept plan because it proposes three additional panhandles which stub into the 50 foot wide
strip so three out of the four proposed lots would not have any public road frontage and they
would also be dealing with panhandle stacking issues and exceeding the number of panhandles
allowed out of the original parcel and wanted to make sure that if the Planning Commission is
inclined to approve this variance request that they are not in any way endorsing what may come
down the road later.A discussion followed regarding the remaining lands,the fact that the
proposed lots are for the owners children,concern with the lots proposed for the Preliminary
Consultation,the fact the 50 feet would not be enough to build a street and responsibility of
maintenance of the access road and the fact that if there is any future subdivision other than the
one lot proposed tonight,that the developer would have to construct a public street or come up
with an alternative for any future subdivision.Made a motion to approve the variance for the
panhandle length with the condition that any future subdivision would require construction of a
177
public road to County standards.Seconded by Mr.Nichols.So ordered.
Subdivisions:
The Pines Lots 3-9,Preliminary Plat:
Mrs.Pietro presented the preliminary plat for the Pines Subdivision,Lots 3-9.The subject site is
located on the west side of Old National Pike and consists of27.70 acres zoned Agriculture.
Mrs.Pietro stated that the concept plan was presented to the Plmming Commission in June along
with the forest plan.She said they discussed putting some of the forest requirements off site
along the Antietam Creek.She stated that the developer is proposing to create 7 single faI11ily
lots with sizes ranging from 2 to 4 acres.She stated that 5.9 acres will remain in forest.All of
the lots will be served by individual wells and septics.The subdivision will be served by a new
public street called Jessup Court and all lots will access this new street.She said that 4.86 acres
of reforestation!afforestation requirements are to be set aside to meet the Ordinance
requirements and she said that at the June meeting they requested to use regeneration and that
was agreed upon for Lots 6,5,and 4 and on the remaining lands they had an area along the
AntietaI11 Creek which is considered high priority since it contains wetlands,flood plain and the
AntietaI11 Creek.She said that 1.2 acres of existing forest that has been set aside on Lots 4,5 and
6.There are 3.6 acres that are retained on the remaining lands in a high priority area.She stated
that .84 acres of existing forest is being retained on lot 3.All agencies have approved except for
Soil Conservation and they are waiting for the consultant to get his revisions in.Mrs.Pietro
stated that also brought up at the June meeting there was a discussion on adding a note to lots 4 -
6 to use the Best Management Practices and that has been added to the plat.Mr.Iseminger asked
that the note be added for all of the lots.Mr.Iseminger made a motion to grant preliminary
subdivision plat approval contingent to Soil Conservation's final approval,and that the note to
use Best Management Practices be added for all of the lots and that they approve the Forest
Conservation Plan as presented.Seconded by Mr.Ardinger.Mr.Ernst abstained.So ordered.
Dennis and Alice Kelly,3 lots,Preliminarv/Final:
Ms.Bal(er presented the 3 lot subdivision for Dennis and Alice Kelly.The subject site is located
on the westside of Valley Road,South of Garretts Mill Road on 54.96 acres zoned Conservation.
She stated that the developer is proposing a three lot subdivision without public road frontage.
She said that was addressed through the Subdivision Ordinance when it was aI11ended.She said
that each of the lots is being subdivided for the three children.Lot I is also part of the
subdivision but was approved in April as a one lot subdivision.She said they are requesting to
add 8.84 acres in the simplified and create a larger lot.She said the only area of concern is the
lane to serve the lots.She said the only outstanding agency is the Health Department and
addresses.A discussion followed regarding adding a note "no further subdivision of lots I,2,3
and 4.Mr.Iseminger made a motion to grant preliminary/final subdivision plat approval with
the stipulation that the 10 family member statement be placed on Lots 2,3 and 4 and that there
will be no further subdivision of Lots 1,2,3,and 4 and also contingent on outstanding agency
approvals.Seconded by Mr.Ernst.So ordered.
Tracey and Brenda Thomas,Lots 11-17,Preliminary Plat:
Mr.Lung presented the preliminary plat for 7 single family residential lots on 13.75 acres of
Agricultural zoned land located on the south side of Lappans Road,Maryland Route 68.He said
that these are the last lots to be subdivided out of a concept plan that was revised by the Planning
Commission last year.He said they had a consultation last year and brought it to the Planning
Commission.The lots range in size from 1.25 to 2.25 acres and will be served by a new public
street.Lots will be served by public wells and septics.There will be no individual access
allowed to the two lots that have frontage onto Lappans Road,they will have to access the new
street.Mr.Lung stated that forest conservation requirements were addressed as part of the Forest
Conservation Plan that was approved for Lots 8,9 and 10 back in February.There is 117 acres
of remaining lands,which was recently placed in Agricultural Preservation.All agencies have
issued approval and he is still waiting for one item on previous comments he requested an
178
acreage tabulation on the plat and they have not received it yet.Mr.Ernst made a motion to
grant preliminary approval contingent upon receiving a revised acreage tabulation and that final
approval will be granted by staff.Seconded by Mr.Iseminger.So ordered.
Site Plans:
Hickory Corner:
Mrs.Pietro presented the site plan for Hickory Corner.The site is situated along the north side
of Virginia Avenue with its intersection with Hickory School Road.The developer is proposing
to add a 1000 square foot addition to the existing sandwich shop.She stated that the subject site
is currently about 1,390 in square footage.Total site acreage is .64 and is served by public water
and sewer,25 parking spaces will be provided,the will be 3 existing entrances to service the site,
the lighting will be building mounted,hours of operation are 7:00 a.m.through 8:00 Monday
through Saturday,4 employees per shift,freight and delivery is 7 to 8 trucks per week and stated
that the existing business sign located on the front which will remain.This property is exempt
from the forest Conservation Ordinance since the property is less than 40,000.All agency
approvals have been received.A discussion followed with the consultant regarding concerns
brought up at the public hearing.Mr.Iseminger made a motion to grant site plan approval.
Seconded by Mr.Nichols.So ordered.
_Paula Kennedy:
Mrs.Pietro presented the site plan for Paula Kennedy.The subject site is located on the east side
of the Dual Highway.There is a building currently on the site,which will be torn down and a
new one will be built.The property is zoned HI-I.The developer is proposing to construct a
2,550 square foot building for retail sales.Currently the Locked Door,which is located further
down the Dual Highway is proposing to move here.Total area is .46 acres.The site will be
served by individual well and septic.A discussion followed regarding the possibility of hooking
up to the water and sewer lines in the area.There will be an underground storm water
management pond serving this site.There will be 22 parking spaces provided,sidewalks will be
around the building and the lighting will be building and pole mounted.Hours of operation are
Monday through Friday 12:00 to 8:00 am,Saturday 10:00 to 8:00,number of employees will be
4,freight and delivery is daily.Signs will be building mounted,landscaping in the front and
corner.Mr.Nichols made a motion to approve the site plan.Seconded by Mr.Iseminger.So
ordered.
Grace Academy,Site Plan/Subdivision Plat:
Mr.Lung presented the preliminary plat and site plan for Grace Academy Inc.Lot 1.He said
that a month ago the Commission reviewed this plan for forest conservation.He said that they
have a subdivision plat to create a development parcel and a site plan for the proposed private
school.The site contains just under 36 acres zoned Agricultural.It is located along the north
side ofMD 58 (Cearfoss Pike).The site will access the Cearfoss Pike via a panhandle that is part
of the 35.92 acre lot.The school is for 1 -12,will have 350 students and 25 staff.The proposed
building is single story will include a multi-purpose gymnasium.150 parking spaces are
provided,there will be both building mounted and poled mounted lights,landscaping is provided
around the site including a 500 foot length of double row of Leyland Cypress to screen the
building and tennis court from the adjoining building,public water and sewer is proposed for the
site,storm water management pond will be at the front of the property,All agencies except for
City Water have been received and they are waiting on a revision.Sewer will be under the
jurisdiction of the County Water and Sewer Department with treatment by the City of
Hagerstown,Both the County Water and Sewer Department have approved with the condition
that the service agreement between the City and the County will have to be amended to include
this area in the County Service area.Forest Conservation,payment in lieu was previously
approved by the Planning Commission.Mr.Clopper made a motion to approve preliminary and
final plat and site plan.Seconded by Mr.Nichols.So ordered.
179
Phoenix Color Site Plan/Subdivision Plat:
Mr.Lung stated that this plan replaces a previously approved site plan for on demand print
facility for Phoenix Color,which is located on Phoenix Color's campus near the airport and is
zoned AP.He referred to the plan and pointed out the existing building.He said that the
proposal now for a 240 x 400 foot warehouse building to be located behind the existing building.
The building will be 30 feet high and will be a metal building designed to coordinate with the
existing building.It will be open 24 hours a day 7 day a week operation,6 new employees will
be involved with this building,25 cars per day.Access will be off of Book Technology Drive.
There is a new parking lot which will be located on the other side of Book Technology Drive
With a pedestrian cross walkway,there are 8 loading bays across the front of the building,there
will be both building and pole mounted lights,landscaping is proposed in the parking area as
well as around the side of the building,public water and sewer will serve the site,storm water
management is handled by a regional system that was previously approved.Mr.Lung stated that
most agency approvals are in except for Hagerstown Water Pollution Control and Permits
Department approval.He said that this site also involves a subdivision plat for transfer of26.5
acres from the County to Phoenix Color.A discussion followed.Mr.Iseminger moved to grant
site plan approval contingent upon final agency approvals,and give staff the ability to approve
the subdivision plat.Seconded by Mr.Ernst.So ordered.
The Humane Society of Washington County:
Mrs.Pietro presented the site plan for the Humane Society.The developer is proposing to
construct the new SPCA approximately 4,000 square feet in size on the current 3.7 acre site.
There will be 2 access points off of Maugansville Road.The site will be served by public water
and sewer and the storm water management pond will be located on the site.54 parking spaces
will be provided,there will be a sign,building mounted and pole mounted lights will be scattered
throughout the parking area.Hours of operation Tuesday to Thursday 7:00 a.m.to 7:00 p.m.and
Friday's and Saturdays until 4:00 p.m.There will be 21 employees,3 deliveries per week,
landscaping will be throughout the parking area and around the building.The site is exempt
from the Forest Conservation Ordinance.All approvals are in except for Water Pollution Control
and Water and Sewer.Mr.Nichols made a motion to approve the site plan contingent on all
agency approvals.Seconded by Mr.Hemy.So ordered.
Preliminary Consultations:
Lynn and Paula Kendle,Lots 5-10:
Mrs.Pietro presented the preliminary consultation Lynn and Paula Kendle Lots 5-10.The
subject site is located along the southeast side of Stottlemeyer Road and is zoned Agriculture on
a total of 6.6 acres.She noted that these lots will be directly across from the Family Recreation
on Rt.40.She added that in 1998 this came before her to put it in ag preservation.She said that
her concern had been with the road stripping along issue along Stottlemyer Road.A discussion
followed regarding the fact that these will be the last lots and whether the lots should be served
by a cul-de-sac.It was the consensus of the Planning Commission that they were in agreement
with comments made in the summary.
Porters town Meadows:
Mrs.Pietro presented the preliminary consultation and variance request for Porters town
Meadows,Lots 5 -14.The developer is proposing to create 10 single family lots on 81 acres
situated on the northeast corner of Porters town and Geeting Roads.Mrs.Pietro said in 1998
Lots 1-4 were approved along Geeting Road.The main thing with this variance is that they have
a 3 tier stacking oflots due to 2 panhandles and that does not meet the intent of the panhandle
section of the Subdivision Ordinance.She referred to the existing forest conservation easement
area for Lots 1-4.It was noted in the consultation that the conservation area will be extended for
the new lots.A discussion followed.Mr.Reichenbaugh of Associated Engineering Sciences,
consultant,briefly spoke regarding the lot configuration,shared accesses,clustering of the lots,
180
the fact that signs need to be posted on the lots indicating that they are in forest conservation
easement.Mr.Iseminger commented that he would like to see if there is another way possibly
building a cul-de-sac and having the lots coming off of the cul-de-sac instead of coming off of
Porterstown Road and that it is just a suggestion and if it can't be worked out then they would
approve the variance.Mrs.Lampton stated that what they want is a revised concept plan if it is
possible and they also want them to address shared accesses,if it can be done.The developer
requested a few minutes to think this over with his consultant.It was the consensus of the
Commission that this would be reviewed at the next meeting.
ADJOURNMENT:
There being no further business,the meeting adjourned at 9:00 p.m.
::;::ptl:i:t:r:~L
181
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -SEPTEMBER 11,2000
The Washington County Planning Commission held its regular meeting on Monday,
September II,2000 in the County Commissioners Meeting Room.
Members present were:Chairperson,Paula Lampton;Robert Nichols,R.Ben Clopper,Ex-
Officio,Bertrand Iseminger,and Don Ardinger.Staff:Director,Robert C.Arch;Chief Senior
Planner,Stephen T.Goodrich;Senior Planners,Lisa Kelly Pietro and Timothy A.Lung;
Farmland Reservation Administrator,Eric Seifarth.Absent was Robert Ernst,II.
CALL TO ORDER:
The meeting was called to order by the Vice Chairperson at 7:00 p.m.
MINUTES:
Mr.Nichols made a motion to approve the minutes of May I,2000.Seconded by Mr.Clopper.
So ordered.The vote was 5 yes,0 no.Mr.Henry abstained.So ordered.
Mr.Nichols made a motion to approve the minutes of June 5,2000.Seconded by Mr.Clopper.
The vote was unanimous.So ordered.
OLD BUSINESS:
Lynn &Paula Kendle:
Mrs.Pietro presented the preliminary consultation to discuss a concept plan for Lynn &Paula
Kendle,Lots 5 -10.The consultation was held on June 30,2000.The owner/developer is
proposing to create five 1 acre lots on 6.6 acres.The site is located along the southeast side of
Stottlemyer Road.Comments from Engineering were reviewed.Mrs.Pietro mentioned that
existing forest would be set aside to meet Forest Conservation Ordinance requirements.The
remainder of the 129 acre farm is scheduled to be put in a Washington County Agricultural
Preservation District.There was discussion by the Commission members in regards to "road
stripping"and whether this layout would meet the intent of agricultural preservation goals.The
Commission requested more information regarding the site schedules and the Ag Preservation
procedure.All action was tabled until the following month.
NEW BUSINESS:
AD-00-0009.Jean P.Browning
The Planning Commission took action to approve the request to improve the agricultural district
AD-00-0009,Jean P.Browning.Mr.Ardinger made the motion to approve the request.
Seconded by Mr.Henry.The vote was unanimous.So ordered.
AD-OO-Oll,John B.Clagett et al
The Planning Commission took action to approve the request to improve the agricultural district
AD-OO-O II,John B.Clagett et al.Mr.Ardinger made the motion to approve the request.
Seconded by Mr.Iseminger.The vote was unanimous.So ordered.
Rural Legacy Update
Mr.Seifarth discussed the Rural Legacy Update.He stated the dark green or three properties of
about 700 acres have been approved by the Board of Public Works.The property owners have
been lined up and it has been very cumbersome to get this thing off the ground.If you add up all
the sources,right now at Antietam there is a 5000+acre block of property preserved by all the
different types of programs.Mr.Arch stated that there are multiple programs.The federal
government has purchased some easements and the big bucks coming are now via Rural Legacy.
Cycle II and III are coming up and a lot more properties are identified than the numbers that are
listed here.Mr.Seifarth stated the money they are talking about is just for Washington County,
the state Rural Legacy Board actually has restricted them pretty much to west of Red Hill Road.
The Program will eventually expand east of Red Hill Road.
182
Site Plans:
Elk Ridge Tank
Mrs.Pietro presented the site plan for Elk Ridge water storage tank.The site is located west of
Trego Mountain Road.The developer proposes to construct a 30,000 gallon water storage
reservoir to service the residential community of Elk Ridge.The county Water &Sewer
Department will maintain the access.There will be no landscaping,exterior lighting or signs.
There will not be any full time employees.A 6 foot chain link fence will be constructed around
the site.All approvals have been received.This project is exempt from the Forest Conservation
Ordinance due to the fact that this is a lot of record.Mr.Ardinger made a motion to approve
the site plan for the Elk Ridge Tank.Seconded by Mr.Nichols.The vote was 5 yes,0 no.Mr.
Iseminger abstained.So ordered.
Hagerstown Business College
Mrs.Pietro presented the site plan for Hagerstown Business College.The site is zoned BL and is
located along the northside of Crestwood Drive.The total site area is 7.281 acres.The
developer is proposing a new 80'x 166'classroom building and parking lot.The new lot will
have 69 spaces.The new construction will have an underground stormwater structure.Hours of
operation will be 7:30 a.m.to 10:30 p.m.Monday through Friday and 8:30 a.m.to 12:30 p.m.
Saturday.A new lighted sign will be placed at the new entrance.An existing dumpster will
serve the site.Building and pole mounted lights will be used.Landscaping is adequate.The site
is exempt from the Forest Conservation requirements.Mr.Iseminger made a motion to approve
the site plan of Hagerstown Business College.Seconded by Mr.Henry.The vote was
.unanimous.So ordered.
Hoffman's Restaurant
Mr.Lung presented the site plan for Hoffman's Restaurant.The site is located along the north
side of Cearfoss Pike,west ofI-81 and is adjacent to Hoffman's meat market and mini
warehouses.The property contains 9.24 acres and is zoned Agricultural.The proposal is for a
124 seat restaurant and banquet facility.A Special Exception was granted by the Board of
Zoning Appeals in 1993 for this use.A patio area,picnic pavilion and recreational facilities will
be located to the rear of the building.Access will be off of Cearfoss Pike via the existing
entrance to the meat market.The State Highway Administration has approved the access.
Adequate parking is provided along the front and side of the building.A storm water
management pond is proposed in the northwest comer of the site.Substantial landscaping is
provided throughout the site including a buffer planting along the rear property line.The site
will be served by a private well and septic system.Mr.Lung pointed out that while the property
is within a designated service area for public water and sewer,the existing lines are not close
enough to require connection.Due to limitations on the septic area,no expansion of the business
will be permitted unless public sewer service is provided.A note to that effect has been placed
on the plan along with a statement that the owner shall connect once public facilities come within
1,000 feet ofthe site.A discussion followed regarding future requirements for utility
connections and the location ofthe existing water and sewer lines.All agency approvals have
been received except for the Permits Department.Mr.Iseminger made a motion to approve the
site plan for Hoffman's Restaurant contingent upon Permits Department approval.Seconded by
Mr.Ardinger.The vote was unanimous.So ordered.
Huyett Business Park (Lots 6 &7)
Mr.Lung presented the site plan for a proposed 60'x 75'office/warehouse building to be located
on lot 6,a previously created 1 acre,HI-I zoned lot located along the north side of Business
Parkway in Huyett Business Park off of Maryland Route 63.The plan refers to both lots 6 and 7
because this plan includes a revision to the previously approved site plan for 7.The developer is
now proposing a shared access between lots 6 and 7.The site is served by public water and
sewer service.Storm water management is provided by a facility to be located on the east side of
the building and has been approved by the County Engineer and the Soil Conservation District.
The Plan calls for 10 parking spaces as required based on the office space and number of
employees.Landscaping is provided.A dumpster pad is provided at the west side of the
building.Building mounted lights are provided.Mr.Lung stated that the plan shows a shared
access for this lot and lot 7.The Zoning Ordinance requires a 10 foot wide buffer yard along the
side yard lot lines.The proposed access will cross this buffer yard.This will require a variance
183
from the Board of Zoning Appeals.Mr.Arch stated that the Staff does not have a problem with
the shared entrance,however,the Board of Zoning Appeals will need to act on a variance to
cross the buffer yard.He suggested that the Planning Commission's approval of this site plan
could be conditioned upon an approval of a variance by the Board of Zoning Appeals.There was
a discussion regarding the buffer yard,the access road,and the proposed loading area for the
proposed building on lot 6.Mr.Iseminger made a motion to approve the site plan with a
condition that the Board of Zoning Appeals grant a variance from the 10 foot buffer yard and
contingent on approval from Permits.Seconded by Mr.Ardinger.The vote was 5 yes,0 no.
Mr.Henry abstained.So ordered.
Huyett Business Park (Lot 9)
Ms.Baker presented the site plan for Huyett Business Park Lot 9.She explained that the site
was located on the north side of Business Parkway within Huyett Business Park.She stated that
the site consisted of 1.04 acres that is zoned HI-I.The developer is proposing a 10,000 square
foot building that will be separated into 7,500 square feet of warehouse space and 2,500 square
feet of office space.The occupant is unknown at this time,however,the developer projects that
the future owner will employee 6 people and have hours of operation from 7arn to 6pm Monday
through Friday.She indicated that waste disposal would be contained in a fenced-in dumpster
on-site,and would be removed by a private contractor.Lighting will be building mounted lights
and the site will be served by public water and sewer.Stormwater management will be handled
via a regional stormwater management pond.Landscaping will be along the front and rear of the
property,as well as along the front of the building.She stated that normally the landscaping
.proposed for this project would meet the requirements set forth in the Zoning Ordinance.
However,in 1996 the property received approval from the BZA to reduce the rear buffer yard.
As a condition of that approval,the BZA stipulated that the landscaping used to buffer the'A'
zoned property to the north shall be equivalent to the landscaping used to buffer the 'RR'zoned
land to the west.The current buffering along the 'RR'zoned land is a double row of Leyland
Cypress.Forest Conservation for the property was previously approved in 1994 via the Pay-in-
Lieu-of option.She said that all agencies had responded except Permits.Mr.Prodonovich
approved the plat contingent upon two issues:I)that the outlined area of the site is to be labeled
as open space,and 2)problems with internal turning radii be solved without encroachment unto
the adjacent Lot 13.She recommended that the site plan be approved contingent upon the
comments made by Mr.Prodonovich and the issues dealing with the landscaping in the back of
the parcel.A discussion followed about whether or not the proposed use could be contained
upon the subject parcel without encroachment upon adjacent parcels.The outcome of the
discussion was a motion for approval contingent upon approvals by the BZA to reduce the buffer
yards on Lots 9 and 13.Before the motion was acted upon Ms.Lampton requested to address
Ms.Baker's recommendation about the landscaping of the rear lot line.A discussion followed.
The developer Mr.McCleary agreed to provide the necessary landscaping prescribed by the BZA
condition.A motion was made by Mr.Ardinger that the site plan for Huyett Business Park Lot 9
be approved contingent upon the outcome of the BZA appeals for buffer reduction and also
contingent upon meeting the landscape requirements described in the prior BZA appeal case.
Seconded by Mr.Clopper.The vote was 5 yes,0 no.Mr.Henry abstained.So ordered.
Huyett Business Park (Lot 14)
The developer,Richard McCleary,made a request to the Commission to give the Planning Staff
authority to approve the preliminary/final plat for Lot 14.Once all agency responses have been
received,this will allow the plat to be approved sooner rather than delay its review until the
October Planning Commission meeting.Mr.Iseminger made a motion to approve the
preliminary/final subdivision of Huyett Business Park Lot 14.The vote was unanimous.So
ordered.
Preliminary Consultation:
Shaffer Farm
Mr.Lung presented a summary ofthe Preliminary Consultation for Shaffer Farm.The
consultation was held on August 1,2000.The concept plan calls for a 22 lot residential
subdivision on a 97.6 acre farm zoned Conservation located along the east side of Trego Road.
Most of the lots will access a new public street to be built by the developer to serve the
subdivision,however,there are several individual accesses proposed directly onto Trego Road.
184
The lots are proposed to be served by individual wells and septics.Mr.Lung stated that the
property is designated as Prime Long Term agricultural land and is located in the Rural Legacy
area.He stated that the Staff encouraged alternatives to development such as establishment of an
Agricultural preservation easement.He also encouraged use of clustering to reduce the amount
of land used for development and save on infrastructure costs.This may not be possible due to
difficulties with wells and septics on smaller lots.He stated that the developer had not indicated
how Forest Conservation Ordinance requirement would be meet.There is a significant amount
of existing forest on the property,however,addition planting would probably be necessary to
meet the requirements.The Staff recommended that forest conservation areas be used to buffer
the subdivision from adjacent agricultural land uses.Mr.Fred Frederick,consultant for the
developer,stated that perc tests had been completed and that they had to move the perc tests
around in order to get the 22 lots.Regarding the access issue,Mr.Frederick stated that all of the
lots that front the new internal street will access the street.There are three lots proposed on the
other side of the existing farm buildings where they will not be building a road.He stated that in
order for these lots to access the internal street,they would have to use long panhandles which
are discouraged by the Planning Commission,otherwise there is no other way than to have three
of the lots off of the existing road.He said that they would combine entrances where they could.
Regarding forest conservation,Mr.Frederick said that a Forest Conservation Plan had not yet
been completed,however,he knew that the developer wants to save as much existing forest as
possible.There was a discussion concerning the Adequate Public Facilities Ordinance.Mr.
Lung stated that the Engineering Department explained the requirements for road adequacy at the
Consultation and that they would be reviewing it during the review of the Subdivision plat.The
-second issue would be school adequacy and at this time,the schools serving this area are
adequate.The test for school adequacy would occur when a final subdivision plat is submitted.
No approval was necessary.
Hampton of Brightwood
Mrs.Pietro presented the concept plan for Hamptons of Brightwood.A consultation was held on
August 3,2000.The owner/developers are proposing a 101 lot single family subdivision on 50
acres.The site is located along Mt.Aetna Road.It was rezoned in May 2000 from A to RS.
There was a discussion about agency comments brought forth at the meeting.The County
Engineers Office is requesting two entrances instead of one.A traffic impact study would not be
required.Mrs.Pietro discussed the fact that the developer wanted to pay the fee in lieu of instead
of plant on-site.The consultant,Malcolm Davis,stated why the developers wanted to take this
course.Dick Gruber,one of the developers,also spoke.The Commission requested that the
consultant prepare a plan that would show landscaping and buffers along Mt.Aetna Road and
along the eastern boundary.Any action by the Commission was deferred to the following
month.
Glen Erin
Mr.Goodrich noted that the Planning Commission did not have a copy of the written summary
of the consultation because it had not been completed.The developer was attempting to begin
construction before the winter and staff is of the opinion that the Plauning Commission should be
aware of the arrangement to provide public sewer service in light of the project's location within
the Urban Growth Area.The property is owned by Marsh Run Associates,represented by Peter
Perini.The proposal is to develop 7 lots for new single family dwellings and 2 lots around
existing dwellings on 2 new streets and 10.3 acres of the 130 acre farm.The property is located
on the eastside of the Marsh Pike,north of the existing Spring Valley subdivision.The
developer is proposing a public sewer system using gravity collection within the development
and a new pump station that would pump to Marsh Pike and south to the nearest existing sewer
line at the intersection with Long Meadow Road.Staff was concerned that there would not be
extra capacity built into the main lines to provide service to adjacent subdivisions if there was
widespread septic system failure.Following additional discussion with the County Water and
Sewer Department it was determined that if public sewer service was necessary for the
surrounding area it would use a different route in order to allow gravity flow and there would be
no need or attempt to use the system proposed now for Glen Erin and no need for it to be sized to
meet the extra demand.Staff indicated that the written summary would be provided with a
future agenda.There was no action needed.
185
Forest Conservation:
Byers Meadows:
The Planning Commission approved a change in the Forest Conservation Plan on Lot 28.This
change would permit a forest retention area to be moved to another site on Lot 28.This area
would be contiguous with existing forest on adjacent lands.Mr.Nichols made a motion to
approve the Forest Conservation Plan for Lot 28 of Byers Meadows.Seconded by Mr.Ardinger.
The vote was unanimous.So ordered.
ADJOURMENT:
Mr.Nichols made a motion to adjourn.Seconded by Mr.Clopper.The vote was unanimous.
There being no further business,the meeting adjourned at 8:30 p.m.
({!\;vtA
Paula Lampton,Chai'
186
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -OCTOBER 2,2000
The Washington County Planning Commission held its regular meeting on Monday,October 2,
2000 in the County Commissioners Meeting Room.
Members present were:Chairperson,Paula Lampton;Vice-Chairman,Robert Nichols;R.Ben
Clopper,Don Ardinger,and Ex-Officio,Bertrand Iseminger.Timothy Henry arrived at 7:30
p.m.and Robert Ernst III was absent.Staff:Director,Robert C.Arch;Chief Senior Planner,
Stephen T.Goodrich;and Senior Planners,Timothy A.Lung and Lisa Kelly Pietro.
CALL TO ORDER:
The meeting was called to order by the Chairperson at 7:00 p.m.
OLD BUSINESS:
Subdivisions:
Hamptons of Brightwood (Proposed Planting Plan)
Mrs.Pietro presented the proposed planting plan for the Hamptons of Brightwood.The
preliminary consultation was held on August 3,2000 and was brought before the Planning
·Commission during the regular meeting on September II,2000.There was discussion at that
time in regard to the planting requirements to meet the Forest Conservation Ordinance
requirements.The developers indicated through their consultant that they would prefer to pay
the fee in lieu.The Planning Commission requested that the developer devise a planting plan
and return at the October meeting.At the October meeting,Mrs.Pietro presented the planting
plan concept and indicated that the payment in lieu would be $32,626.44.Trees such as Leyland
Cypress and mixture of flowering trees would be planted along Mt.Aetna Road and around the
other property boundaries.Mrs.Pietro also pointed out that the original concept plan showed
101 lots and now the concept shows 116 lots and an additional entrance.Mr.Clopper motioned
that the Commission approve the developers ability to use the payment in lieu providing that
they put in buffers and show plantings on the site plan.Mr.Iseminger seconded.So ordered.
NEW BUSINESS:
Landfill Maintenance Building:
Mr.Lung presented the site plan for a maintenance building to be part of the new 40 West
County Landfill complex located west of Hagerstown off the National Pike near Huyetts
Crossroads.The overall conceptual site plan for the landfill was reviewed and approved by the
Commission at its February 2000 meeting.At that time,it was indicated that individual detailed
site plans would be submitted for the various structures proposed for the landfill site.The
Maintenance Building will be located off of the landfill access road and is to be an 80'x ISO'
building,35'in height.The plan calls for 12 employees working in the building with IS parking
spaces provided.The hours of operation will be Monday-Friday from 7:00 a.m.until 4:00 p.m.
There will be building mounted lights.The site will be served by an on-site well and septic
system.Mr.Lung stated that all of the reviewing agencies had approved except for the Health
Department and the Permits and Inspections Department.Mr.Lung indicated that he did not
anticipate any significant changes to the plan as a result of comments that may come from the
outstanding agencies.There was a discussion regarding the process for reviewing individual site
plans after the overall site plan for the landfill had been approved.Mr.Iseminger motioned to
approve the site plan contingent upon agency approvals.Mr.Ardinger seconded.So ordered.
Rosewood Phase 1:
Mr.Lung presented the final subdivision plat for Rosewood Village PUD Phase I,located along
the west side of Robinwood Drive between Robinwood Medical Center and Hagerstown
Community College.Mr.Lung informed the Commission that this development has been before
them numerous times as it has proceeded through the PUD review and approval process.The
preliminary plat,site plan,construction drawings and forest conservation plan for Phase I were
187
approved by the Commission at their March 2000 meeting.Mr.Lung said that Phase I contains
15.21 acres out of the overall 74.5 acre development and will consist of 77 townhouse style
apartment units and a 42 unit senior living facility.In addition,phase I includes the construction
of the storm water management facility for the entire development,construction of the first leg of
a new public street called John F.Kennedy Drive,and forest conservation planting areas for
phase 1.The subdivision plat calls for Lots 1-9 to be created around blocks of between two and
ten unit townhouse apartments.These lots will front on private access roads.This concept was
approved by the Planning Commission as part of the PUD Development Plan approval process.
Lot 10 contains 2.3 acres and will be the site of an elderly living facility.Lot 10 has frontage and
direct access to John F.Kennedy Drive.Mr.Lung said that improvements will be made by the
developer to Robinwood Drive along the frontage of the property,to address Adequate Public
Facilities Ordinance CAPFO)requirements for this phase.The site will be served by public water
&sewer service.All of the reviewing agencies with the exemption of the Permits and
Inspections Department have approved the plat.Mr.Lung is waiting for revisions from the
consultant Gerald Cump &Associates to address comments by the Planning Department Staff.
Mr.Lung stated that during the Final Development Plan review process it was determined that
no additional developer contribution to off site road improvements would be required for Phase 1.
It was also determined that the public schools serving this development were adequate to allow
for the approval of Phase 1.Future phases would be reviewed for APFO road and school
adequacy at the time of Final Plat submittal for those phases.There was a discussion regarding
how APFO requirements were determined for Phase 1.There was a brief discussion regarding
the location for school bus waiting area to serve the development.Mr.Lung stated that the
.developer had complied with the Planning Commission's directive that was part of the
Preliminary Plat/Site Plan approval of Phase 1.Mr.Iseminger motioned to grant plat approval
contingent to final approval by the Permits and Inspections Department.Mr.Ardinger seconded
by.So ordered.
SITE PLANS:
Clear Spring Library:
Mrs.Pietro presented for approval the site plan for the Clear Spring Library.The subject is
located along the north side of Broadfording Road and adjacent to Clear Spring High and Middle
Schools.Access to the site will be off of Broadfording Road only.Zoning is RR.The library
area is proposed to be 8,000 square feet on 1.49 acres which is currently part ofthe Board of
Education property.This area will be conveyed to the library in the future from the Board.Mrs.
Pietro said that public water &sewer will service the sight.Also,22 parking spaces will be
provided,twenty spaces are required.Lighting will include both building mounted and pole
mounted in the parking area.Mrs.Pietro said that 12 inch letters will be installed on the building
for signage.Mrs.Pietro stated that a screened dumpster will be situated in the rear of the site.
The sidewalks to the rear,front and side of the building will adjoin the current sidewalk system
that connects with the high and middle schools.The hours of operation will be Tuesday through
Saturday with times varying from 11:00 a.m.-7:00 p.m.and 11:00 a.m.-3:00 p.m.It will be
closed Sundays and Mondays.The site is exempt from the Forest Conservation Ordinance due
to it being a single lot of record.Mrs.Pietro stated that landscaping will include shrubs,
perennial and annual gardens and a memorial garden.Mrs.Pietro said that landscaping was
concentrated in the rear and recommended that the front show some type of landscaping.She
said that she is waiting for Permits and Inspections approval,and that the other agencies have
approved the plan.Mr.Iseminger agreed with Mrs.Pietro regarding the landscaping out front
and requested to show it on the plan.Mrs.Pietro said she would work with Mr.Mark Bradshaw,
Washington County Engineering Department to include the landscaping on the plan.Mr.
Iseminger moved to grant site approval to the Clear Spring Library.Mr.Nichols seconded.So
ordered.
O-Card Unattended Fuel Station:
Mrs.Pietro presented for approval a site plan for Q-Card Unattended Fuel Station.The site is
located along the southeast side of Business Parkway,Huyett Business Park.Zoning is HI-I.
The subject is part of a 14 acre site for warehouse terminal properties.The developer,Quarles
Petroleum will be leasing .6 acres from the property.The proposed use is for unattended fuel
pumps which will operate 24 hours a day.Customers will be issued a Q-Card by Quarles
188
Petroleum.No cash or credit cards will be used.The fuel storage is proposed for underground.
Paving area is to cover 16,800 square feet and lighting will be provided by shoe box type fixtures
mounted under the canopy.No fencing is being proposed for around the site.Solid waste
containers will be located one per fuel island and be removed by Quarles Petroleum workers as
they visit the site.Fuel deliveries are estimated every two days.A shed currently located on the
corner of the property will house the electronic computer equipment and control the underground
tank system.The site is exempt from the Forest Conservation Ordinance since it is on a lot of
record established prior to 1993.The existing pine trees in front of the site will be relocated
closer to Business Parkway.Mrs.Pietro said that she submitted a revision to Permits and
Inspections and is waiting for their approval.All other agencies have already approved the site.
Mrs.Pietro added that storm water management is provided by a large regional structure located
south of the site.Mr.Iseminger motioned to grant site approval.Mr.Nichols seconded.So
ordered.
PRELIMINARY CONSULTATIONS:
1-70/1-81 Development:
Mrs.Pietro proposed a concept plan for 1-70/1-81 Development.The preliminary consultation
was held on August 31,2000,proposing single family homes,duplexes,townhouses an
apartment complex and a commercial area.The site is located along the southern side of the
intersections ofI-70 /1-81 along Douglas Drive and Davis Drive in Tammany Manor.The site
acreage is 27.7.Zoning is HI-2.Mrs.Pietro explained that during the August 31,2000 meeting,
.the concept plan presented proposed mixed usages.A revised concept plan eliminated the
commercial area and the long cud-de-sac.The new concept proposes 27 single family and
duplex lots,60 townhouse units and 72 apartment units for a total of 159 units on site.Mrs.
Pietro mentioned the site will have access on Douglas Drive and Davis Drive into Tammany
Manor and the development will be served by public water &sewer.Mrs.Pietro said the
developers plan includes planting 2 acres of trees and to pay a payment in lieu for the 2.16 acres
to meet Forest Conservation Ordinance requirements.Mrs.Pietro reviewed recommendations
from several agencies.The State Highway is recommending a noise maintenance study due to
the closeness of the development to 1-70 /1-81.Comments from the City of Hagerstown Water
Department,water is available.The Halfway Volunteer Fire Company,initially had concerns
regarding hydrant locations and the radius of the cud-de-sac.A revised concept plan was sent to
the Fire Department,Mrs.Pietro has not received comments from the Department at this time.
Mrs.Pietro requested the developer to add open space and playground areas to the site.Mrs.
Pietro also questioned whether enough parking is proposed for the townhouse area.Mrs.Pietro
recommended some type of screening and buffer between the single family and multi-family
units.The Adequate Public Facility Ordinance (APFO)regarding schools applies for the
apartments and townhouses.She recommended the developer contact the Board of Education or
Tim Lung in the Planning Office for figures for Williamsport Schools.The Engineering
Department is recommending a detailed traffic impact study,that the street section of the
townhouse area be closed with depressed curbs,and a closed storm drainage system be installed.
Also recommended by the Engineering Department is that Donaldson Drive and Davis Drive be
repaired and overlaid.Mr.Ardinger asked if a Homeowners Association will be formed for this
development in order to care for the forest conservation easement.Mr.Cump responded that
none was being planned.Mr.Ardinger was concerned about the lack of maintenance within the
short distance of the apartments and townhouses.Mr.Cump explained that the owner of the
townhouse will be deeded a section offorest on the rear of the property and that the apartment
complex will be under one ownership.Mr.Arch asked iflocal government financial assistance
will be requested with regards to the apartment and recommended the request be brought to the
County Commissioners as soon as possible.Mr.Silverman replied that he hasn't made that
decision yet.There was a brief discussion regarding the agency comments Mrs.Pietro reviewed.
Mr.Clopper motioned as part of the preliminary review that the Planning Commission
recommend that the developer be allowed to pay the payment in lieu up to 2.16 acres to mitigate
forest conservation requirements for the proposed development.Staff would have the ability to
approve anything less than 2.16 acres.Mr.Nichols seconded.So ordered.
Wendy Florence:
Mrs.Pietro presented a concept plan for Wendy Florence.The preliminary consultation was
189
held on September 13,2000.The site located on the northeast side of Toms Road,east of Old
National Pike.Ms.Florence proposed to create a 7 lot subdivision for immediate family
members with one going to her hired hand.Total acreage is 57 with 22 acres remaining.Zoning
is Agricultural.Mrs.Pietro reviewed the following comments from the agencies that responded.
The Engineering Department will not require storm water management,if the lots are greater
than two acres.Engineering did have concerns regarding site distance coming out onto Toms
Road.Boonsboro Fire Department was concerned with the weight capacity of the private bridge
going across Beaver Creek to be a minimal of 30 tons.The Fire Department requested that a
sign be posed stating the capacity and the bridge to have adequate side supports.Mrs.Pietro
brought a revised concept plan that was submitted to the Planning Office that addressed issues
brought up during the preliminary consultation.Mrs.Pietro asked the Planning Commission to
review the revised layout.Ms.Florence is now proposing to subdivide 4 lots,three for
immediate family members and one for her hired hand Mr.Michael Dick.According to the
revised plat,36.3 acres will be conveyed into 4 lots with 43 acres remaining.Three lots will be
10 acres in size and 1 lot will be 8 acres.Mrs.Pietro said that a variance is being requested to
create a lot without road frontage for the hired hand,Mr.Dick.The application came in late and
is included in the agenda packet.Mr.Iseminger asked how the forest conservation requirement
will be handled on the site.Mr.Robert Bush,consultant with Gerald Cump &Associates,stated
that the three lots for immediate family members are exempt and lot 4 has an existing dwelling
and will be exempt through real estate transfer.Discussion was held regarding further
subdividing the lots after granting subdivision approval.The Planning Commission
recommended that the deeds for the proposed lots include wording that prohibits further
.development.Mrs.Pietro asked the Planning Commission for approval on the variance request
to create a lot without road frontage for lot 4.Mr.Iseminger moved to grant the variance to
create a lot without public road frontage.Mr.Henry seconded.So ordered.Mr.Ardinger
moved to grant staff the authority to approve the subdivision and that no further subdividing will
occur.Mr.Henry seconded.So ordered.
Braeburn West Subdivision:
Mr.Lung presented the concept plan and a proposed forest conservation plan for the Braeburn
West Subdivision.The Preliminary Consultation was held on September 20,2000.The site is
located between Mapleville Road,(MD 66)and Beaver Creek Church Road,across from the
Beaver Creek Country Club.The site contains 66 acres,zoned Agricultural,with 24 lots
proposed for single family dwellings.The concept plan shows a single access to Maryland 66
across from Beaver Creek Country Club with three cud-de-sac streets serving the subdivision.
Mr.Lung indicated that several issues arose at the Consultation that need to be addressed by the
Planning Commission.Mr.Lung reviewed comments from the Washington County Engineering
Department requiring a second access to serve the subdivision.Mr.Lung stated that the owner,
Mr.Young did not design the subdivision for a second access and that he opposes a second
access.Mr.Young has sent a letter to the Chief County Engineer stating his opposition and
reasons why he believes that a second access point is not needed.Mr.Lung indicated that he had
not received a response from Mr.McGee and that the Chief Engineer's request is consistent with
his comments on other subdivision proposals.The Engineering Department indicated that a
traffic study would be needed,including an analysis ofthe Beaver Creek Road,MD 66
intersection and that roadway improvements may be needed based on the findings of the study.
Mr.Lung indicated that the logical location for the second access would be off of Beaver Creek
Road and that Beaver Creek Church Road is inadequate.An alternative would be to establish a
second access onto MD 66.Mr.Lung proceeded to explain the issues involving forest
conservation.The Forest Stand Delineation indicates 15.5 acres of existing forest on the site.
The proposed Forest Conservation Plan calls for 12.11 acres of forest to be retained.An
additional 5.56 acres of forest is needed to meet the Ordinance requirements.Mr.Lung
explained that the developer is proposing a 35 foot wide, 0.17 acre planting area between two
existing forest retention areas on site with the additional 6.33 acres of required forest to be
obtained by setting up a retention area off site on property that Mr.Young owns on the other side
of Mapleville Road.Mr.Lung said the Staff supports the proposed planting area to tie together
the two existing stands of forest on site.Regarding the proposal for off site retention of existing
forest,Mr.Lung stated that a delineation had not been submitted for this area for the Staff to
evaluate and pointed out that addressing forest conservation on site is the highest priority.Mr.
Lung discussed several options to address forest conservation on site,including an additional
190
planting along the length of Beaver Creek Church Road to serve as a buffer,as well as a buffer
planting area along the frontage of Maryland 66.Mr.Lung said that the proposed off site
retention area is in a floodplain and wetland area which is a high priority area;however,
development of this area is unlikely.Mr.Lung introduced the consultant Mr.Gerald Cump of
Gerald A.Cump &Associates;Mr.Jack Young,owner/developer and Mr.Martin Tucker,
enviromnental consultant,to answer addition questions.Mr.Tucker stated that in his opinion,it
would be more desirable to protect existing forest off site in a high priority area than to attempt
to establish new forest on site.He explained that small planting areas are difficult to get
established as true forest.Mr.Young briefly explained why he believed a second access is not
needed.There was a discussion by the Commission regarding the condition of Beaver Creek
Road,access requirements,and that the developer should know up front what criteria for access
is going to be applied to his developrnent by the Engineering Department.Mr.Arch said that the
Engineering Department is developing new road policies,and Mr.McGee is looking at the safety
concerns regardless of the nmnber oflots.Mr.Iseminger stated the McGee is working on a street
road acceptance policy and street standard policies.Mrs.Lampton recognized several residents
ofthe Beaver Creek area that were in attendance.Mr.Doug Hutzell spoke on behalf of the
residents.Mr.Hutzell expressed need for protection ofthe rural character of the area and the
need for additional buffers along Beaver Creek Church Road.He said that they were opposed to
any access onto Beaver Creek Church Road and would support a second access to MD 66.Mrs.
Lampton stated that the Commission supports the Engineering Department's requirement for a
second access and asked Mr.Cump and Mr.Young to work out the access issue with the
Engineering Department.The Commission supported the Staffs recommendation for buffer
.plantings and that if these planting areas are not suitable for forest conservation requirements,the
additional mitigation could be handled off site in the high priority floodplain and wetlands area.
Mr.Iseminger reminded the developer that the property is located in the Beaver Creek watershed
and that storm water management should address water quality as well as quantity and that de-
nitrification septic systems should be utilized.No motion was necessary at this time.
Glen Erin:
Mr.Goodrich reminded the Planning Commission members that they were provided a verbal
summary of the Glen Erin Preliminary Consultation during their September monthly meeting.
The written summary that was distributed with the agenda was not available at that time.No
additional comment or discussion was necessary.
632 Joint Venture:
Mr.Goodrich distributed the preliminary consultation summary for 632 Joint Venture.The
preliminary consultation was held on September 14,2000,proposing to create 7 new lots for
commercial development on almost 16 acres of property.The site is located between 1-70 and
Maryland 632.Both parcels have recently been rezoned to HI-I.The developer was reminded
of the need to comply with the conditions of the rezoning application.The State Highway
Administration will require a traffic study and noted that the proposed entrance does not meet its
street spacing requirements but the owners claim they have prior approval for the proposed
location.Public water and sewer is proposed to be used and is available with some
improvements and extensions to existing lines.Mr.Goodrich said that the developer hasn't
determined how they will meet forest conservation requirements.There is approximately 7 acres
of existing forest.No approval was necessary.
SO-OO-OOI Text Amendment
Mr.Arch brought the rezoning case SO-OO-OOI text amendment to the Subdivision Ordinance
involving Major/Minor Subdivisions before the Planning Commission.Mrs.Lampton stated that
this amendment went before the Joint Public Hearing on September 18,2000.The proposed
amendment would bring consistency between the number of lots for major and minor
subdivisions and requirements for preliminary consultations.Mr.Henry motioned to accept the
new text amendment with the inclusion of reference to single family residential lots be listed in
the policy granting the Planning Director authorization to approve minor subdivisions.
Mr.Nichols seconded.So ordered.
ADJOURNMENT:
There being no further business,the meeting adjourned at 9:30 p.m.
~Ar
Paula A.Lampton,C --
191
192
WASHINGTON COUNTY PLANNING COMMMISSION
REGULAR MEETING -NOVEMBER 6,2000
The Washington County Planning Commission held its regular meeting on Monday,
November 6,2000 in the County Commissioners Meeting Room.
Members present were:Chairperson,Paula Lampton;Vice Chairperson,Robert Ernst,II;
Robert Nichols,Don Ardinger,R.Ben Clopper,Timothy Hemy and Ex-Officio,Bertrand
Iseminger.Staff:Director,Robert C.Arch;Chief Senior Planner,Stephen T.Goodrich;
and Senior Planners,Timothy A.Lung and Lisa Kelly Pietro.
CALL TO ORDER:
The meeting was called to order by the Chairperson at 7:00 p.m.
First order of business,Mrs.Lampton announced Debbie Kirkpatrick,Administrative
Secretary of the Planning Commission,passed away last week.She will be missed sorely
by the Staff and the Planning Commission.
Before proceeding with the minutes,Mr.Arch stated he has several additions to the
agenda.Under Site Plans the additions were Automotive Fasteners and Bull Pen.Also,
under Other Business he requested discussing an issue regarding overlapping of
Agricultural and Forest Conservation easements that will need Board clarification.
MINUTES:
Mrs.Lampton stated the approval of the regular Planning Commission meeting minutes
for July,August and October may need to be postponed until the next meeting to allow
more time for preparation and review.Mr.Iseminger moved to table the approval of the
minutes until the December meeting.Seconded by Mr.Clopper.So ordered.
Before proceeding with the agenda,Mrs.Lampton addressed the group in the audience
from the Tammany Manor area.Mrs.Lampton stated the Board has been in contact with
Mr.Harry Myers who has presented the Board with a petition about development in the
area.Mrs.Lampton thanked the group for attending the meeting,however,this subject is
not on the agenda for this meeting.Mrs.Lampton stated when it is on the agenda Mr.
Myers will be contacted by Mr.Arch and will be able to address concerns at that time.
She also stated all the materials given to Mr.Arch from Mr.Myers will be duplicated and
given to each Board member to review.Mr.Arch stated the copies will be made and also
given to the Board of County Commissioners to alert them of the citizen's concerns.Mr.
Arch did not know when Mr.Downey's project would be submitted for formal approval,
it may take quite a while.A project of this size would require a traffic study to be
completed through the Engineering Department.Mr.Myers then thanked the Board for
their time and efforts.
NEW BUSINESS
Site Plans:
Chaney/Newcomer House
Mr.Goodrich presented the site plan for the Chaney/Newcomer House.The existing
dwelling will be rehabilitated and used as a combination museum and gift shop on the
first floor.As part of the improvements to the site it is proposed to add a small
appendage for a restroom facility,a six-space parking lot with a gravel surface,
landscaping and lights,a brick walkway to the house and a small 24 x 36"sign.It is
proposed to use the existing entrance on the north side of MD 34.Under normal
circumstances this would be a minor plan.However,there are three items that prompt
Planning Commission review before approval.
The first issue concerns the Board of Zoning Appeal's approval of the proposed use.
There is still contention that proper procedures were not followed during the public
notification prior to the hearing.Permits,zoning and planning staff believe that the legal
requirements were met.The proposed use was approved by the Board of Zoning Appeals
in October 1999 and is not presented for further discussion.
193
The second issue is the location of the parcel within the legislative boundary of the
Antietam National Battlefield and the existence of a scenic easement on the property
which certain parties do not believe is being enforced properly by the National Park
Service and the Battlefield Superintendent.A memo from the County Attorney was
distributed which states that the easement is,in essence,a private contract between the
owner and the Park Service.The County govermnent has no jurisdiction and no need to
modify its normal procedures due to the easement.The Park service has granted
approval to the proposed improvements on the site exactly as they are presented.
The remaining issue is the Historic District Commission's authority to approve the
exterior appearance of development on the site due to its location in the Antietam
Overlay zone.The Commission approved the renovations to the structure,including the
restroom addition,during its September 6 meeting because it was determined to be
consistent with the adopted standards,the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings.The Commission
also approved the other improvements to the site such as the parking lot,lighting,sign,
landscaping,walkway and fencing during its November I meeting because they were
also consistent with the same standards.
The site plan was included on the agenda in anticipation of all agency review being
complete at this time.However,there are still agency approvals pending.The Health
Department has requested additional information regarding the existing facilities and
revisions that will result from perc tests yet to be done.The Engineering Department has
given verbal approval to the exemption of this site from stormwater management
requirements because there will be less than 5,000 square feet of disturbance.The State
Highway Administration is requiring entrance modifications and the Soil Conservation
District has approved also.Staff noted no opposition to the approval following revisions
to satisfy agency needs.
Eleanor Lakin,the architect for the project and the owner,Mr.William Chaney,were in
attendance.Ms.Lakin said the house dates to the 1790s and she believes it to be one of
the most important log houses in the County.She also said it's in imminent danger due
to extensive insect damage.She said it was their goal to retain as much original fabric
and design as possible.Mr.John Howard,the Superintendent at the Antietam National
Battlefield Park,was also present.He commented that compliance with the easement has
been reviewed by the Park Service's staff counsel and the site plan and building
renovations as presented have been approved by the Park Service.
Mr.Arch commented that any significant expansion or change in use would require
additional approval from the Board of Zoning Appeals and the Historic District of
Commission and the Planning Commission.
Mrs.Lampton introduced Mrs.Denise Troxell,a Sharpsburg Town Council member who
in turn,introduced Mr.Tom Clemens,representing SHAF,the Save Historic Antietam
Foundation.Mr.Clems said they do not oppose restoration of the house.He voiced
serious concerns for the commercial use on the property,the precedent that may be
established,the notification procedures of the Board of Zoning Appeals and inclusion of
the Historic District Commission in the review of the appeals case.He cited sections of
the Zoning Ordinance,which he believes require HDC review and sought a solution to
the oversight.A lengthy discussion followed with Mrs.Troxell concluding that the
procedures did not allow the interested parties,the Town of Sharspburg and SHAF,the
opportunity to comment at an appropriate time and that their input may have changed the
outcome of the Board of Appeals'decision.Mrs.Lampton thanked Mrs.Troxell,Mr.
Clems and Mr.Russ Weaver for their input on the matter and stated that the Commission
and staff will research the issues presented to determine if mistakes were made or if
changes were needed.
Mr.Iseminger made a motion to grant site plan approval for the museum/gift shop
located in the ChaneylNewcomer House,contingent upon receipt of all outstanding
agency approvals.Seconded by Mr.Nichols.So ordered.
194
Huyett Business Parkway,Lot 14:
Mrs.Pietro presented the site plan for Huyett Business Parkway,Lot 14.The
preliminary/final plat for this lot was approved by the Planning Commission office on
September 14,2000.The developer proposed constructing a warehouse distribution
business,the lot size is 6,58,total building area is 11,000 square feet,the number of
employees proposed is 10 and parking required is 12 spaces.Water and sewer are public.
An 18 foot chain link fence and stone paved yard for the front and side of the building
will be installed.Landscaping includes burning bushes and white pine.The builder has
paid the payment in lieu fee to meet Forest Conservation Ordinance requirements.A
discussion followed concerning the stone driveway.Mr.Ardinger questioned how the
issue of gravel driveways versus asphalt should be addressed.He stated the employee
parking lot should be asphalt.Mr.Arch will look into the matter and discuss options
and/or recommendations for amendments to the Zoning Ordinance at next month's
meeting regarding the paving issue.Mr.Nichols made a motion to approve the Huyett
Business Parkway,Lot 14.Seconded by Mr.Ardinger.So ordered.
Windy Hill Exxon and Used Car Lot:
Mrs.Pietro presented the site plan for the Windy Hill Exxon and Used Car Lot,located
along the north side of Clear Spring Road/Rt.68.The developer is proposing a used car
lot next to an existing gas station.An existing building and trailer are already on site.
Number of employee is one.Freight and delivery is two per week.The proposed sign
will be building mounted on the office,Lights will be pole-mounted.The site is exempt
from Forest Conservation Ordinance because it is an existing lot of record.Staffis
currently waiting on approvals from Permits and State Highway.Fox and Associates is
requesting a variance from Section 19A.8a ofthe Zoning Ordinance which requires a 25
foot buffer between the lot line and proposed use if adjoining lot has a dwelling on it.
The proposed car lot is 450 ft from a lot with a residential home.Mrs.Pietro mentioned
seeking approval of the buffer and screening variance along with the site plan.A
discussion followed regarding the variance.Mr.Iseminger mentioned the need to be
consistent with approving variances without specific reasons.Mr.Ardinger agreed.Mr.
Iseminger made a motion to accept the site plan contingent of a revision of the plan to
reflect current buffer requirements (25 feet)being met.Seconded by Mr.Nichols.Mr.
Ernst abstained.So ordered.Mr.Ardinger made a motion to grant a variance on
vegetative screening requirements.Seconded by Mr.Ernest.So ordered.
Charles and Linda Bowers:
Mrs.Pietro presented the site plan of Charles and Linda Bowers,located on Crabapple
Lane,which connects with Black Rock Road.The property owners are proposing an
addition to a single family home for a foster care facility.This facility would serve up to
eight people.All approvals have been received and the site is exempt from Forest
Conservation due to it being existing lot of record.Linda Bowers,homeowner,
mentioned the facility was actually for elder care and that she is licensed and has been in
business for four years.Mrs.Pietro asked the Board to advise the Planning Department if
any future residential site plans such as this would need the Board approval.Mr.Arch
mentioned an amendment made last year to the Zoning Ordinance,which brought site
plans in the agricultural and conservation areas to the Planning Commission for approval.
The Planning Department staff is receiving more and more of these minor plans.The
Planning Department is looking for guidance as to how to handle these types of plans.
Mr.Ardinger would like to see the Staff approve items of this type unless they feel the
Board would need to see certain cases.Mrs.Lampton asked Mr.Arch what would need
to be done to give the Staff further direction on these issues.Mr.Arch stated another
policy should be created and would get back to the Board regarding it.
Mr.Ardinger made a motion to approve the site plan of Charles and Linda Bowers.
Seconded by Mr.Nichols.So ordered.
Valley Mall Burger King:
Mr.Lung presented the site plan for the Valley Mall Burger King located on an out-
parcel at The Valley Mall,between JC Pennys and Massey Boulevard.The .91 acre
building lot was previously approved and zoned as planned business.The proposal is for
a 3,132 square foot restaurant.Access will be via the internal loop road for the mall,not
Massey Boulevard.Public water and sewer is available and has been approved.The
195
proposal includes 30 parking spaces,loading area,screened dumpster,and a drive-thru
pick-up window.Lighting in the parking area is to be angled parallel to the ground to
prevent glare.Landscaping ofthe parking area is designed to prevent headlight glare.
Forest Conservation was addressed on the subdivision plat.All approvals have been
received.Mr.Nichols made a motion to approve the site plan.Seconded by Mr.
Ardinger.Mr.Ernest abstained.So ordered.
El Paso Restaurant:
Mr.Lung presented the site plan for the EI Paso Restaurant located on Massey Boulevard
in the previous Pearl Vision Center building.The developers are proposing a 12'x 28'
building addition,handicap access ramp,handicap parking space,and a new screen
dumpster location.They will be utilizing the existing sign,landscaping and entrance.
The property is zoned BG.All approvals have been received.This is exempt from
Forest Conservation because it's an existing lot.A discussion followed regarding access
and traffic at the Massey Boulevard,Halfway Boulevard intersection.Mr.Ardinger
made a motion to approve the site plan.Seconded by Mr.Nichols.So ordered.
St.James School Dining Hall:
Ms.Baker presented the site plan for the St.James School Dining Hall.The building
being proposed will be a little over 14,000 square feet with the construction site on .67
acres.The dining hall will serve 275 students and staff,and serve three meals a day.The
proposal includes seven parking places for six employees,and the removal of nine
existing trees for the new parking lot area and two additional trees in the front of the
building.They proposed to relocate the trees and add additional landscaping.Water and
sewer will be accommodated by way of existing private systems on-site.A screened
dumpster pad is proposed for solid waste disposal.This project is exempt from Forest
Conservation.All agency approvals have been received,except Permits and Zoning
which had a few minor revisions,i.e.,recycle area and height of the lights.These
revisions have been addressed.Mr.Iseminger made a motion to approve the St.James
School Dining Hall site plan.Seconded by Mr.Ardinger.So ordered.
Before proceeding with Automotive Fasteners,Mr.Arch introduced Ms.Misty Wagner.
Ms.Wagner is new to the Planning Staff.
Automotive Fasteners:
Mrs.Pietro presented the site plan for Automotive Fasteners,located south of Maryland
144.The parcel area is 1.4 acres.The developers are proposing to construct an office
warehouse distribution building with six employees.This is exempt from Forest
Conservation due to it being a lot of record prior to 1993.Parking would require 16 total
spaces.Freight delivery is four trips per day.Water and sewer will be public.Screened
dumpster is proposed.Building mounted lights will be installed.A sign is not involved.
All agency approvals have been received,except Permits,which will require a small
revision.A discussion followed.Mr.Iseminger made a motion to accept the site plan for
Automotive Fasteners.Seconded by Mr.Ernst.So ordered.
Huyett Business Parkway,Bull Pen:
Mr.Prodonovich presented the site plan for the Huyett Business Parkway,Bull Pen.Mr.
Prodonovich explained that there is not a building involved with this site plan.There are
two lots involved.The zoning is general business.A 100'x 149'pad with a fence and
landscaping is proposed.It is behind the major portion of an existing structure.There
will be shared water and septic system.Mr.Arch mentioned there are no outstanding
issues with this plan,this is another minor plan.Mr.Ernst made a motion to accept the
site plan for Huyett Business Parkway,Bullpen.Seconded by Mr.Hemy.So ordered.
Subdivisions:
Homer Bivens,Lots 7-12 preliminarY/final and final Forest Conservation Plan:
Mrs.Pietro presented the subdivision plan for Homer Bivens,Lots 7 -12.A re-
subdivision for Lot 6 is also included on the plat.These lots are located along the west
side of Greencastle Pike.The developer will create six single-family lots ranging in size
from .98 to 2 acres.Total site acreage is 9.47 acres ofMr.Bivens property remains.All
lots will be served by individual septic and public water.Mrs.Pietro stated that this site
was part of an amendment to the water and sewer plan that was approved during the last
196
rezoning cycle.All lots will access a new public street called Bivens Lane,which will
connect with Greencastle Pike.The developer is proposing to plant 2.09 acres of forest
to meet the Forest Conservation requirements.All approvals have been received in the
Planning Department.A discussion followed.Mr.Ardinger made a motion to approve
the subdivision of Homer Bivens,Lots 7-12.Seconded by Mr.Iseminger.So ordered.
Mr.Ardinger made a motion to approve the re-subdivision of Homer Bivens,Lot 6.
Seconded by Mr.Henry.So ordered.
FOREST CONSERVA nON PLAN AMENDMENT:
Asad Ghattas:
(Mr.Ardinger abstained from voting on this item and left the meeting during the
discussion.)
Mr.Lung presented a request for approval of a forest conservation plan to address Forest
Conservation Ordinance requirements for future development on property owned by Mr.
Ghattas,located at the intersection of!-81 and Maughans Avenue.
The site contains approximately 41 acres of land for future commercial development.
There is 6.25 acres of existing forest cover on the property.Previously approved
commercial lots for Taco Bell,Waffle House and Hampton Inn utilized retention of
existing forest.To address forest conservation requirements for the remaining acreage,
the developer is proposing to retain an additional 3.77 acres of existing forest and plant
2.49 acres of new forest on-site.The developer is proposing use of payment in lieu of
planting the remaining 1.4 acre requirement.Future development along the east side of
Crayton Boulevard will result in clearing of 1.33 acres of forest.Mr.Lung reminded the
Commission that they had previously made recommendations regarding buffer
requirements for development in this area and that it was determined that forest
conservation would not be viable in this area,however,the existing vegetation within the
buffer area was not to be disturbed.
Mr.Fred Frederick,Frederick,Seibert &Associates,consultant for the developer,stated
that according to an agreement with the neighboring property owners and based on the
Planning Commissions recommendations,Mr.Ghattas will install a 10 foot high fence,
35 feet off the property line and will not disturb the existing vegetation.There will also
be a planting area of Leyland Cypress trees within the buffer.Mr.Arch mentioned that
this was stipulated previously.A discussion followed.Mr.Iseminger moved to grant
approval of the Forest Conservation Plan and the request for payment in lieu of 1.4 acres
of forest for the Asad Ghattas site.Seconded by Mr.Henry.So ordered.
OTHER BUSINESS:
APFO Report:
Mr.Arch discussed the reporting period from January 1,2000 to July 1,2000.A total of
118 lots were approved during the reporting period.79 lots qualified for school
exemptions.Of those qualifying for exemptions,58 were located within the urban
growth oftown,21 were immediate family members.Two lots were granted exemption
from road capacity review,one for immediate family member and one for a 25-acre lot
for agriculture provision.During the reporting period,no subdivisions were denied
because of school inadequacy,or lack of adequate public water,sewer or fire protection
facility.After looking at enrollments,current capacities of the schools do not exceed the
APFO number.School capacity is down in the County.Mr.Arch requested action to
recommend to the Country Commissioners if the Planning Commission feels the APFO
ordinance should be continued or not.A discussed followed.Mr.Henry made a motion
to continue to require compliance with APFO.Seconded by Mr.Nichols.Mr.Iseminger
abstained.So ordered.
Administrative Plat Approval Policy Amendment:
Mr.Arch discussed the amendment to the major/minor subdivision ordinance made last
month.Mr.Arch stated Mr.Henry requested that the amendment only apply to
residential properties.Mr.Arch stated that the limitation to residential properties is
actually done through the policies portion,where the Planning Director is granted the
ability to approve minor subdivisions which is limited to residential with no significant
infacture improvement associated with it,i.e.,road construction.Mr.Ernst made a
197
motion to approve the administrative plat policy amendment.Seconded by Mr.Henry.
So ordered.
Kendle Subdivision:
Mr.Arch mentioned the Kendle Subdivision off of Stottlemyer Road.Prior approval was
made for the concept plan and agriculture easement for this property.The owner is now
going to sell an easement.Now there is an overlap in the proposed area of forest
conservation and the agriculture easement.Mr.Arch requested guidance by the Planning
Commission on the double easement issue on this property.Mr.Arch mentioned a
similar situation with Leroy Myers.The Agriculture Advisory Board has had similar
issues.Mrs.Pietro presented the site location of this overlap.A memo from Eric states
the overlapping of the agriculture easement is okay with the State.Mr.Arch mentioned
the Staff s concern is for double compensation.A discussion followed regarding this
issue.In order to make a change,there would need to be a policy change.The Planning
Commission opined that in this case they would not hold up processing of the subdivision
because of the overlap in easements.However,they felt a formal policy may be
warranted.Mr.Arch will take this to the Agriculture Advisory Board for guidance and
get back to the Planning Commission.Mr.Henry made a motion to accept the Kendal
Subdivision.Seconded by Mr.Nichols.Mr.Ernst abstained.So ordered.
ADJOURNMENT:
There being no further business,the meeting adjourned at 9:30 p.m.
I'f/M~A '
Paula A.Lampton,Chairpe'
198
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING -DECEMBER 4,2000
The Washington County Planning Commission held its regular meeting on Monday,
December 4,2000 in the County Commissioners Meeting Room.
Members present were:Chairperson,Paula Lampton;Vice Chairperson,Robert Ernst,II,
Robert Nichols,R.Ben Clopper,Timothy Henry,Don Ardinger and Ex-Officio,Bertrand
Iseminger.Staff:Director,Robert C.Arch;Chief Senior Planner,Stephen T.Goodrich;
Senior Planners,Timothy A.Lung and Lisa Kelly Pietro;and Associate Planner,Jill
Baker.
CALL TO ORDER:
The meeting was called to order by the Chairperson at 7:00 p.m.
Before proceeding with Minutes,Mr.Arch stated he has one site plan addition for the
Agenda,Crosspoint Shopping Center.
MINUTES:
Mr.Henry noted he abstains from the Holiday Inn Express and Bowman Group LLC Site
Plans from the July 10,2000 minutes.Mr.Iseminger made a motion to approve the
minutes of the July 10,2000.Seconded by Mr.Nichols.So ordered.
Mr.Clopper made a motion to approve the minutes of August 7,2000.Seconded by Mr.
Ernst.So ordered.
Mr.Henry made a motion to approve the minutes of October 2,2000.Seconded by Mr.
Iseminger.So ordered.
Mr.Henry made a motion to approve the minutes of November 6,2000.Seconded by
Mr.Nichols.So ordered.
NEW BUSINESS:
Site Plans:
Maryland Paper Warehouse
Mrs.Pietro presented the site plan for Maryland Paper Warehouse.The site is located on
the southwest side of the intersection of Elliott Parkway and Elliott Place.The zoning is
IG.The developer is proposing to construct a 50,600 square foot warehouse distribution
center on 5.26 acres.The site will be served by public water and sewer.Two access
points will be off of Elliott Parkway.The parking provided is 34 spaces.Twenty-six
parking spaces are required.Hours of operation are 7 a.m.to 5 p.m.,Monday through
Friday.The number of employees is 6 per shift with just one shift.A sign is not
proposed.The lighting will be building mounted and lawn mounted.Delivery will be all
day,five days a week.The stormwater management basin will take care of possible run
off.Landscaping is adequate.The Forest Conservation Plan for this site was approved in
July 1999 and a total of 10.7 acres was retained to meet requirements of land developed
by Hagerstown Washington County Industrial Foundation.The preliminary and final plat
for this lot was approved in January 1999.All approvals have been received.A
discussion followed.Mr.Henry made a motion to approve the site plan of Maryland
Paper Warehouse.Seconded by Mr.Ardinger.So ordered.
St.James Girl's Dorm and Parking Lot
Ms.Baker presented the site plan for St.James Girl's Dorm and Parking Lot.The site is
located on the campus of St.James School that encompasses an existing 31.48 parcel on
College Road.The proposed building is 11,441 square feet.The dorm will
accommodate 36 students and no new employees will be needed.Twenty-four parking
spaces are proposed for students and visitors.Landscaping will remain the same,plus
199
adding additional bushes around the front of the building and dumpster pad.Water and
sewer service are existing on the campus,which is privately owned and operated by the
school.Solid waste will be disposed of in the dumpster.Recycling at the school
consists of cardboard stored in dumpsters near the dining hall and cans that are collected
in the dorms.Building mounted lights will be installed and pole mounted lights will be
installed for illuminating the parking area.The project is exempt from Forest
Conservation due to this being a lot of record prior to the effective date of the ordinance.
All agencies have sent approvals.Mr.Nichols made a motion to approve the site plan for
St.James Girl's Dorm and Parking Lot.Seconded by Mr.Henry.So ordered.
A &J Realty (Vince's Pizza)
Ms.Baker presented the site plan for A &J Realty (Vince's Pizza)for review and
approval.The site is located in an existing commercial building on the comer of Acme
Lane and Virginia Avenue.The proposed business area will contain 1100 square feet of
existing building.There will be 2 full-time employees and 3 part-time employees.Hours
of operation are 11 a.m.to 11 p.m.,7 days a week.The parcel is currently zoned RU but
this use was approved by the Board of Zoning Appeals to continue as a non-conforming
use.Public water and sewer is available.Solid waste will be disposed of in the existing
dumpster behind the building.Building mounted lights are provided.This project is
exempt from Forest Conservation Plan due to this being a lot of record prior to the
effective date of the ordinance.All agencies except Permits have approved.A few
minor revisions from Permits are currently being addressed.A discussion followed about
the parking spaces and traffic flow upon the premises.Ms.Baker stated there will be 13
existing spaces on front,6 on side and more in the back,with a total of 45 spaces.Mr.
Nichols made a motion to approve the A &J Realty (Vince's Pizza)site plan contingent
upon Pemits approval.Seconded by Mr.Iseminger.So ordered.
Crosspoint Shopping Center Padsite
Mr.Lung presented a site plan for a retail pad site at the Crosspoint Shopping Center.
The site is located at the southwest corner of Cole Road and Massey Boulevard.The
property is owned by Heck Bell LLC.The site involves approximately 1.42 acres and
zoned P1armed Business and Business General.No subdivision is proposed at this time.
The site plan proposes construction of a 80 foot by 125 foot building containing three
retail stores which will be 3500 square feet,1500 square feet and 5000 square feet.
Parking is provided on three sides of the building.55 spaces are required and 56 are
provided including handicap spaces.Access to the site is via the internal access road to
the Crosspoint Shopping Center.A loading area is provided to the rear of the building.
A screened dumpster is also located at the rear of the building.Pole mounted lighting is
proposed along with decorative building mounted lights.Landscaping is provided around
the site and dumpster pad.Stormwater management is provided by an existing regional
facility.Public water and sewer is available.All agencies have approved,except for a
written approval from the Water and Sewer Department and the Permits Department.
The plan was revised to address Permits Department comments.No problems are
anticipated.Forest Conservation was previously addressed by approval of use of
payment in lieu of as part of the original approval for the Crosspoint Shopping Center.
Mr.Clopper made a motion to approve the site plan of the Crosspoint Shopping Center
contingent on all agency approvals being received.Seconded by Mr.Henry.So ordered.
FOREST CONSERVATION:
FundlUpdate on Fund Balance
Mr.Goodrich presented an update on the Forest Conservation Fund Balance and the
Planting Program for 2000.He discussed the chart presented with the agenda titled
Funds Summary-Payments in Lieu of Planting (PIL)which presented the total collections
and expenditures to date.The Summary of Fund Withdrawals provided costs for each
item at this year's three planting sites (Pittman,Thomas and Snook Park),totals and
average costs per acre.He explained that the Phase II planting costs for the Pittman site
are shown in the chart but not included in the totals or averages.Both planting phases
were bid and contracted for this year but only Phase I was planted and paid for.Mr.
Goodrich explained that the average cost per acre included planted acres and those where
easements on existing forest were purchased.Average cost per acre for only the planting
areas were much higher but still well below the collection rate.The costs for planting at
200
Marty Snook Park were much higher due to the substantially larger stock planted.
Collections of payments in lieu of planting fees totaled $761,728.36 through October 30,
2000,2000's planting cost totaled $233,475.39 and $630,144.05 has been spent from the
fund to date.No action was taken or needed.
OTHER BUSINESS:
Oakleigh Estates -Final Plat Extension
Mr.Lung presented a request by Mr.Rowland Brandenburg for a six month extension for
final plat recordation ofthe Oakleigh Estates Subdivision.The Planning Commission
had previously considered a request for a one year extension at the July 14,2000
meeting.At that time,the Commission was reluctant to grant a full year extension.A six
month extension was granted in hoping that the owner/developer's issues could be
addressed in that time frame.If additional time was needed,the Commission instructed
the developer to come back and request an additional six months.Mr.Brandenburg,the
owner/developer stated that he needs an additional six months due to family health
reasons and in hopes of receiving acceptable bids for earthwork over the winter months.
A short discussion followed concerning the reasons for the extension request.Mr.
Iseminger made a motion to grant a six month extension to the final plat with the
understanding that no further extensions would be granted.Second by Mr.Ernst.So
ordered.
Braeburn West Concept Plan -Second Access
Mr.Lung informed the Commission that they had reviewed the summary of the
Consultation at the October 2,2000 meeting and at that time there was a discussion
regarding the County Engineering Department's request for a second access to the
proposed subdivision.Several alternatives were presented by the Staff for a second
access.The Commission advised the developer to explore the options presented with the
County Engineering Department.
Mr.Lung presented a revised concept plan from the developer's consultant showing a
second access onto Beaver Creek Church Road.He stated that the State Highway
Administration reported difficulties in establishing a second access onto MD 66 and
recommended that the access be obtained from a County road.The County Engineering
Department would accept an access onto Beaver Creek Church Road.The Mt.Etna Fire
Department would support a second access to the development from the west side.Some
improvements to Beaver Creek Church Road between the access and Beaver Creek Road
would be required.
Mr.Clopper and Mr.Henry noted concerns for conserving the rural character of Beaver
Creek Church Road.Mr.Lung stated that approximately 400 feet of Beaver Creek
Church Road would need to be widened an additional 3 feet between the new access and
Beaver Creek Road.A discussion followed concerning other options for emergency
access,cut through traffic,and the rural character of the area.Several residents of the
Beaver Creek area were present as well as the developer and his consultant.It was the
consensus of the Planning Commission that they would be opposed to the proposed
access onto Beaver Creek Church Road due to the impact it would have on the rural
atmosphere associated with Beaver Creek Church Road.
Policies:Paving Requirements for Site Plans and Procedure for Review of Site Plans
with Minimal Change
Mr.Arch discussed the paving requirements for site plans requested at the last meeting.
The Staffs opinion is that a policy amendment will need to be made to the Zoning
Ordinance to address where paving would be required specifically.The Staff will
develop recommendations for the March 2000 cycle.
Mr.Arch discussed the procedure for review of site plans with minimal change.This
could be addressed through an adoption of policy instead of an amendment to a Zoning
Ordinance,since it is more procedural in nature.The following policy is currently being
discussed by the Staff:"Site plans which have been approved by the Zoning Board of
Appeals and/or where the revisions or modifications to an existing site plan or building or
lot will not significantly change the developed area of the site or building footprint,
201
substantially increase traffic volumes,warrant substantial traffic flow improvements,
require substantial public infrastructure improvements,is not in any sensitive area as
defined in the Comprehensive Plan,and where the site has not been identified on County
historical inventory records."
Zoning Ordinance Amendment Relating to Kennels
Mr.Nichols made a recommendation to approve the proposed amendment to the Zoning
Ordinance as previously presented because the amendment is consistent with the
Washington County Comprehensive Plan.Seconded by Mr.Ardinger.Mr.Henry
abstained.So ordered
Southwest Civic Association Letter
Mr.Arch mentioned a letter received by Mike Armel from the Southwest Civic
Association,requesting a meeting date.The need for setting up a formal meeting was
discussed.Mr.Iseminger suggested a site visit to see the site area and listen to concerns
and issues.A discussion followed regarding whether or not to wait on the formal
submission of a site plan before scheduling a site inspection.Mrs.Lampton stated that
the site visit would be the best way to address concerns associated with the proposed
development.A site visit date will be set up at the January 8,2001 Planning
Commission meeting.Mrs.Lampton will contact via telephone the representatives for
the Civic Association to inform them of the site visit plans.
ADJOURNMENT:
There being no further business,the meeting adjourned at 8:35 p.m.
~