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Home My WebLink About2005 Minutes79 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -JANUARY 10,2005 The Washington County Planning Commission held its regular meeting on Monday,January 10,2005,in the County Administrative Annex Conference Room. Members present were:Chairman,Don Ardinger;Vice-Chairman,R.Ben Clopper and Members:Bernard Moser,George Anikis,Terry Reiber,Linda Parrish,and Ex-Officio,James F.Kercheval.Staff members: Planning Director,Michael Thompson;Senior Planners,Timothy A.Lung and Lisa K.Pietro;and Associate Planners Jill Baker and Misty Wagner-Grillo. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. Before proceeding,Mr.Thompson introduced Daniel Divito as the newly appointed Permits and Inspections Director.Mr.Thompson also informed the Pianning Commission members that Sandy Coffman was absent due to vacation plans and that she had also given notice and her last day with the County would be later in January. MINUTES Mr.Clopper made a motion to approve the regular meeting minutes of December 6,2004,as presented. Seconded by Mr.Anikis.Unanimously approved. OLD BUSINESS Planning Commission Bylaws The copy of the revised bylaws from the County Attorney's office was presented to the Planning Commission members at the December 6,2004 meeting.Mr.Reiber made a motion to approve the proposed amendments to the Planning Commission Bylaws.Seconded by Mr.Moser.Unanimousiy approved. NEW BUSINESS -SITE PLANS: Wilson's Orthodontics,LLC Ms.Wagner-Grillo presented for review and approval a site plan for Wilson's Orthodontics,LLC.The subject site is located on the north side of Eastern Boulevard.The total parcel area is 1.6 acres.The property is zoned Residential Suburban.The site plan proposes a 4,509 square foot orthodontics office.In 2003,a Special Exemption was approved by the Board of Zoning Appeals to establish this commercial use.The hours of operation will be Monday,Thursday and Friday from 7:00 AM to 5:00 PM.The office will have six employees and one practitioner.Four parking spaces per practitioner are required and 29 spaces are provided.The exterior lighting will be bUilding mounted only.A new round-mounted sign is proposed.A private well and septic system will serve the site.There will be two UPS deliveries per week.Solid waste will be collected inside and removed by a private hauler.A stormwater pond will address the stormwater management requirements. Landscaping will be provided around the parking area,office building,and the proposed sign.The proposal qualifies for the express procedure and the developer has elected to utilize this option to meet the forest conservation requirements.All agency approvals have been received.Mr.Clopper made a motion to grant site plan approval.Seconded by Ms.Parrish.Unanimously approved. Sharrett SubaruNW/Mazda Expansion Mr.Lung presented for review and approval a site plan for Sharrett SubaruNW IMazda expansion.The subject site is iocated at the southeast corner of Interstate 70 and U.S.Route 40.The total parcel area is 10.22 acres and is zoned Highway Interchange 1.The site plan proposes a 30,000 square foot building containing a showroom,office and service area.The hours of operation will be Monday through Saturday 7:00 AM to 6:00 PM.There will be 30 employees.Three hundred one parking spaces are provided.Nineteen of these spaces will be for customers,56 spaces for vehicle service and employees.The remaining spaces are for inventory.There will be one new access point onto Auto Place.The exterior lighting will be wall mounted lights on the side of the bUilding and 25 foot high pole mounted flood lights In the parking area. The plans call for some additional free standing Signs.A private well and septic system will serve the site.Solid waste will be collected and removed by a private hauler from a screened dumpster location.Landscaping will be provided in front of the building.Stormwater management will be addressed by an eXisting off-site facility.Forest Conservation Ordinance requirements will be met by use of express procedures and payment in lieu of.All agency approvals have been received. The Department of Emergency Services comments regarding fire protection have been addressed by the provision of an additional water storage tank in the building.The staff has concerns regarding the glare from the lights on the site onto the 1- 70 ramp.The developer presented a letter from Ellsworth Electric that if glare from the lights is a problem,the light fixtures on the building can be changed and the pole mounted lights could be angled to eliminate the glare or a shield could be placed on the lights.The Staff is also recommending that the Planning Commission reqUire the developer to include extra landscaping in the rear of the property per Section 19.A.5 of the Zoning Ordinance. 80 NEW BUSINESS -SITE PLANS: Wilson's Orthodontics,LLC Ms.Wagner-Grillo presented for review and approval a site plan for Wilson's Orthodontics,LLC.The subject site is located on the north side of Eastern Boulevard.The total parcel area is 1.6 acres.The property is zoned Residential Suburban.The site plan proposes a 4,509 square foot orthodontics office.In 2003,a Special Exemption was approved by the Board of Zoning Appeals to establish this commercial use.The hours of operation will be Monday,Thursday and Friday from 7:00 AM to 5:00 PM.The office will have six employees and one practitioner.Four parking spaces per practitioner are required and 29 spaces are provided.The exterior lighting wiii be bUilding mounted only.A new round-mounted sign is proposed.A private weii and septic system will serve the site.There will be two UPS deliveries per week.Solid waste will be coiiected inside and removed by a private hauier.A stormwater pond will address the stormwater management requirements. Landscaping will be provided around the parking area,office bUilding,and the proposed sign.The proposal qualifies for the express procedure and the developer has elected to utilize this option to meet the forest conservation requirements.Aii agency approvals have been received.Mr.Clopper made a motion to grant site plan approval.Seconded by Ms.Parrish.Unanimously approved. Sharrett SubaruNW/Mazda Expansion Mr.Lung presented for review and approval a site plan for Sharrett SubarulVW/Mazda expansion.The subject site is located at the southeast corner of Interstate 70 and U.S.Route 40.The total parcel area is 10.22 acres and is zoned Highway Interchange 1.The site plan proposes a 30,000 square foot building containing a showroom,ollice and service area.The hours of operation will be Monday through Saturday 7:00 AM to 6:00 PM.There will be 30 employees.Three hundred one parking spaces are provided.Nineteen of these spaces will be for customers,56 spaces for vehicie service and employees.The remaining spaces are for inventory.There will be one new access point onto Auto Place.The exterior lighting will be wall mounted lights on the side of the building and 25 foot high pole mounted flood lights in the parking area. The plans call for some additional free standing signs.A private well and septic system will serve the site.Solid waste will be collected and removed by a private hauler from a screened dumpster location.Landscaping will be provided in front of the.building.Stormwater management will be addressed by an existing off-site facility.Forest Conservation Ordinance requirements will be met by use of express procedures and payment in lieu of.All agency approvals have been received. The Department of Emergency Services comments regarding fire protection have been addressed by the provision of an additional water storage tank in the building.The staff has concerns regarding the giare from the lights on the site onto the 1- 70 ramp.The developer presented a letter from Ellsworth Eiectric that if glare from the lights is a problem,the light fixtures on the bUilding can be changed and the pole mounted lights could be angled to eliminate the glare or a shield could be placed on the lights.The Staff is also recommending that the Planning Commission require the developer to include extra landscaping in the rear of the property per Section 19.A.5 of the Zoning Ordinance. Mr.Anikis made a motion to grant site plan approval subject to County staff inspecting the exterior lighting for glare onto Interstate 70,and providing an additional landscaping in the vicinity of the property adjacent to Interstate 70.Seconded by Mr.Reiber.Unanimously approved. Thompson Propane Gas Storage (Westfields Subdivision) Ms.Pietro presented for review and approval a site plan for Thompson Propane Gas Storage in the Westfields Subdivision. The subject site is located on the west side of Sharpsburg Pike.The total parcel area is 1 acre and is zoned Agricultural. The site plan proposes a permanent and temporary propane gas facility.The temporary location will be accessed from Morning Dew Drive.There will be six 1 ,000 gallon above-ground storage tanks enclosed within a six foot high chain link fence.Landscaping will be provided around the area using 12 six foot arborvitae trees.The permanent location will be constructed In Section 4 in the southeast corner of the development adjacent to Roslyn Place.This site will contain a 60,000 gallon underground storage tank with an asphalt truck transport unloading area to be located adjacent to the tank.An eight foot high chain link fence plaided with black vinyl will enclose the tank site and landscaping will be proVided around the area using 41 six foot arborvitae trees for screening purposes.During peak consumption times,two tractor trailer deliveries per week will be made Monday through Friday between the hours of 9 AM to 3:30 PM.Forest conservation will be addressed through the Westflelds subdivision.Approval from the Department of Water Quality,Engineering and Soil Conservation District are still pending. Mr.Anikis made a motion to grant site plan approval SUbject to an amendment to the plan which reqUires that the permanent storage facility be installed and operating subsequent to the completion of the 150'"house or two years from the date of this meeting,whichever comes first.Seconded by Mr.Clopper.Unanimously approved. Sylvania BUilding Ms.Baker presented for review and approval a site plan for the Sylvania BUilding.The subject site is located on the west side of Pennsylvania Avenue.The total parcel area is 21/2 acres and is zoned Business General.The site plan proposes a three story medical office bUilding containing 23,470 square feet of space per story for a total of apprOXimately 70,500 square feet.The building will house a pharmacy,laboratory,urgent care facility and doctors offices.The hours of operation will be Monday through Friday 6:00 AM to 9:00 PM,Saturday 7:00 AM to 12:00 PM and Sunday (for the pharmacy only) 10:00 AM to 6:00 PM.The offices will have 80 employees.One hundred one parking spaces are required,134 parking spaces will be proVided.There will be one free-standing sign in front of the building.An eXisting outdoor advertising sign will be relocated 17 feet to the north.Public water is proVided by the City of Hagerstown and pUblic sewer is in the joint sewer service agreement area with lines provided by the County and treatment provided by the City of Hagerstown.Landscaping will be proVided in front of the building and also within some islands in the front.This site is exempt from Forest Conservation reqUirements.The Health Department has approved this plan.The Engineering Department,Soil Conservation District and City Water Department have reviewed the plan and have asked for minor revisions from the consultant.The State Highway Administration has given no comment at this time.Traffic studies have been made and are being reviewed at this time.Mr.Thompson,Director of Planning,reported that this site is subject to APFO fees for roads and the Long Meadow Road corridor.There have been discussions and an agreement between the developers and the County Commissioners concerning the installation of channelized intersections and the monetary contributions to be made by the developer.Several years ago,a traffic light was removed from the existing intersection.At this time,the State Highway Administration is studying this intersection and will evaluate the necessity for instaiiation of a traffic light in the future. Parking space is a concern if the use of the building would change in the future.Mr.Thompson suggested adding a note on the plan for approval of the parking based on the uses stipulated at this time. 81 Mr.Reiber made a motion to grant site plan approval subject to an agreement between the Staff and the developers concerning the adequacy of the parking and all agency approvals.Seconded by Mr.Anikis.Motion carried with 6 members voting "Aye"and Mr.Kercheval abstained. -PRELIMINARY CONSULTATIONS: Kathryn Auney (Oliver Homes),Lots 1-12 Ms.Pietro stated that a preliminary consultation was held on December 14,2004,to discuss a concept plan proposing 12 single-family lots on 65 acres.The subject site is located along the north side of Bakersville Road, near the intersection with Sprecher Road.The property is zoned AgricUltural.The proposal meets the proposed new Agricultural zoning density requirements.Comments from several of the approving agencies were presented.The Health Department stated that the developer needs to follow the BOCA Ordinance requirements for on-site sewage.Two test wells are required along with an hydrogeologic study with emphasis on water quality and available quantity for the subdivision.The Engineering Department has determined that Bakersville Road is currently inadequate with certain areas of the road being less than 18 feet in width.Road adequacy worksheets will be required and the developer with need to comply with County storm water management regulations.The Planning Department recommends that a Subdivision Ordinance amendment be made to establish the length of the cul-de-sacs.The developer has been made aware of this recommendation and that the length of the cul-de-sacs may need to be changed.Due to an on-site floodplain,a study will need to be conducted and reviewed.A Forest Stand Delineation has been submitted and approved.Several sites can be used for a retention area.The developer must comply with the APFO school fees;however,payment of the APFO fees does not guarantee permitting of the subdivision.Forest Conservation should be achieved by protecting the active farm on the remaining lands as well as the location of the homes within the subdivision. No action was required. OTHER BUSINESS William Taylor -Clustering Proposal Mr.Lung presented the clustering proposal for the William Taylor subdivision.The subject property is located along the northwest corner of Hopewell Road and Wright Road.The owner is proposing 102 single-family lots. The total tract is approXimately 70 acres.The property is zoned Rural Residential and is located within the Urban Growth Area.The preliminary consultation was held on September 30,2004.The Planning Commission reviewed the proposed concept during the November 1,2004 meeting.The Planning Commission had suggested that the owner should consider clustering the lots to provide more open space and maintain more of the existing forest. Mr.Lung also pointed out that the revised plan provides for the relocation of Wright Road through the property and that all of the lots would be served off of an internal street system.The relocation of Wright Road would also serve as a buffer between the railroad tracks and Industrial area to the west.He stated that the consultant had not indicated who would be responsible for ownership and maintenance of the open space area and expressed concern that the area adjacent to the railroad would not be acceptable as usable open space and may present a problem in regard to ownership and maintenance.Mr.Lung explained that sidewalks should be provided along the internal street and that off site pedestrian connections could be achieved by constructing a short distance of sidewalk or pedestrian path along the end portions of relocated Wright road where it intersects with the eXisting roads.Mr.Lung also reminded the Planning Commission that the elementary school serving this area is over capacity and depending on how much over capacity the school is at the time of review,all of this development may not be able to be approved at one time.This issue wouid have to be addressed in terms of the APFO by the developer prior to approval of the subdivision.Fred Frederick,engineering consultant for the developer,presented an overview of the cluster concept plan to the Pianning Commission.He stated the total number of lots is unchanged and that provisions for ownership of the open space area had not been finalized,however,the current owner,Mr.Taylor would consider maintaining ownership himself.Another option would be to create a homeowners association or add the open space area to some of the adjoining lots.Mr. Frederick also stated that he did not object to the Staff's suggestions regarding pedestrian access.Planning Commission members discussed the revised plan,ownership of the open space areas,and the relocation of Wright Road.Mr.Lung pointed out that adding the open space area to some of the adjoining lots would not be consistent with the clustering provisions of the Zoning Ordinance. Mr.Clopper made a motion to approve the use of the clustering provision of the Zoning Ordinance for the William Taylor subdivision,as presented.Seconded by Mr.Moser.Unanimously approved. RZ-04-009 Ronald &Connie McAllister and John &Tracy Doub Ms.Baker presented a map amendment request for Ronald &Connie McAllister and John &Tracy Doub.The public hearing was held on November 8,2004 and the after hearing analysis was included in the agenda packets for the members review.The rezoning application is to rezone the properties of 10604 and 10600 Will Rich Drive from the current HI-1 -Highway Interchange 1 to RR -Rural Residential.Ms.Baker explained that the applicant based their case on both a change in the character of the neighborhood and that there had been a mistake in the last comprehensive zoning of the property. 82 Mr.Clopper made a motion to recommend approval of the rezoning request for RZ-03-006,based upon the findings in the Staff report.Seconded by Mr.Reiber.Motion carried with 6 members voting "Aye".Mr. Kercheval abstained. UPCOMING MEETINGS The regular Planning Commission meeting will be held on Monday,February 7,2005 at 7:00 p.m. A revised listing of workshop topics and several dates for a potentiai Planning Commission workshop was distributed to the Planning Commission members.Members discussed and agreed to meet February 21,2005. ADJOURNMENT Motion made by Mr.Kercheval,seconded by Mr.Clopper,to adjourn ar'9:30 p.m. 17li'IV 'v(V I Don P.Ardinger Chairman Unanimously approved. 83 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -FEBRUARY 7,2005 The Washington County Planning Commission held its reguiar meeting on Monday,February 7,2005,in the County Administrative Annex Conference Room. Members present were:Chairman,Don Ardinger;Vice Chairman,R.Ben Clopper,and Members:Bernard Moser,George Anikis,Terry Reiber,Linda Parrish,and Ex-Officio,James F.Kercheval.Staff members: Planning Director,Michael Thompson;Senior Planners,Timothy A.Lung and Lisa K.Pietro;and Associate Planners Jill Baker and Misty Wagner-Grillo. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. Before proceeding,Mr.Thompson stated that the Preliminary Consultation for Seneca Ridge had been withdrawn and would be omitted from the agenda. MINUTES Mr.Anikis made a motion to approve the regular meeting minutes of January 10,2005,as amended.Seconded by Mr.Clopper.Unanimously approved. NEW BUSINESS -SUBDIVISIONS; Rose Hill Manor Ms.Baker presented for review and approval the preliminary plat for Rose Hill Manor.The property is 69.4 acres and is zoned RS.The developer is proposing 133 single-family units ranging from .23 acres to 2.12 acres.The property will be served by public water and sewer.Storm water management will be a storm water pond.Two access points will be created off Longmeadow Road.Sidewalks are proposed along the perimeter of the development.Paramount Elementary,Northern Middle and North High schools service this area.At this time,Paramount Elementary Is over capacity.The development will be tested again at final plat stage for adequacy.Long Meadow Fire Company and Community Rescue Services serve this area.Forest Conservation will be met by retention of 12.48 acres of existing forest,as well as 3 planting areas totaling 3.81 acres.Approval from the City Water and Sewer Department is still pending.There was some discussion regarding water and sewer allocations from the city.Mr.Kercheval stated that allocations for the County are limited at this time.Even with approval from the Planning Commission,there are no guarantees that build out will be at the rate the developer desires.Baiances in economic development issues may take some precedence over residential development;however,the Commission will continue to work toward dividing allocations as fairly as possible. Mr.Clopper made the motion to grant preliminary plat approvai contingent upon city water and sewer. Seconded by Mr.Reiber.Unanimously approved. Elmwood Farms Ms.Pietro presented for review and approval the preliminary plat for Elmwood Farm.The property is located along the north side of Lappans Road and south of Kendle Road.Zoning is Agriculture.A concept plan was presented in 2002 on this property.The developer is proposing 174 single-family lots approximately Y2 acre in size.Total area of development is 169 acres with no remaining lands.All lots will be served by public streets with the main entrance to the subdivision being off of Lappans Road.A minor connection will be located on Kendle Road.All lots will be served by city water and county sewer.Forest Conservation Ordinance requirements will be met by planting 24 1/2 acres.The trees will be planted primarily along the existing 100 year floodplain area.Total open space is 45 acres.All open space areas will be maintained by the Homeowner's Association.Four storm water management ponds will serve the site.Sidewalks will be installed along one side of new streets.All agency approvals have been received.The provision of sidewalks was a major concern for safety reasons. Fountain Rock Elementary would serve this area and is over capacity at this time.APFO fees were discussed relative to capacity issues.If fees are paid and the county stops development due to capacity issues,the builder will not lose money already paid for APFO fees.Money will not be refunded,however,it will be held until the capacity issue at that particular school has been resolved. Mr.Moser made a motion to approve the preliminary plat subject to all agency approvals,agreement on the APFO school issue,revisions on the plat to show the sidewalks on at least one side of the street.In addition, Mr.Ardinger made a motion to accept the forest conservation plan as accepted on the plat.Seconded by Mr. Reiber.Unanimously approved. Discussion:Mr.Ardinger would like to give approval to all future Forest Conservation Plans by virtue of approval of the plat as presented.If Forest Conservation plan is contested,then approval will be given separately. 84 Hunter's Green Business Park Ms.Pietro presented for review and approval the preliminary/final plat for Lots 3 and 4 of Hunter's Green Business Park.The site is located in the northwest corner of Halfway Boulevard and Blake Road.The property is zoned HI-1.The developer is creating two lots for commercial development.Lot 3 is 7.2 acres and Lot 4 is 9.13 acres.Both lots will be served by City water and County sewer.Access to Lot 4 is by Halfway Boulevard, access to Lot 3 is by Blake Road.Existing floodplain follows the boundary between the two lots and will be the site for the 2.2 acre forest conservation and afforestation easement as required for these two iots.All agency approvals have been received.Any future development will require site plan approval by the Commission.The extension of Hopewell Road was discussed.A source of funding is being explored at this time in order to begin this extension as soon as possible to provide for future development. Mr.Moser made the motion to approve the preliminary/final plat.Seconded by Mr.Anikis.Unanimously approved. -SITE PLANS Williamsport Storage Bins Ms.Pietro presented for review and approval the site plan for Williamsport Storage Bins.The site is located on the southeast side of Robinwood Drive.This property is zoned BT.The developer is proposing to create mini warehouse buildings approximately 42,000 sq.ft.in size.Total acreage of the site is 4.6 acres.One access will be created to connect to Robinwood Drive.No public water or sewer is required on the site.Three parking spaces are required and will be provided.Signs will be building mounted.Lighting will be bUilding mounted. There will be two employees responsible for this site on an as needed basis.They will be based at the main office storage site.Hours of operation will 9:00 AM to 5:00 PM daily.This is a gated site with each customer having a coded access card for entrance to the site at any time.White ash,Leyland Cyprus,white pines and spiral lindens will provide the necessary landscaping for this site.Forest conservation requirements will be payment in lieu of.All agency approvals have been received.There will be no dumpsters on the site. Mr.Clopper made a motion to grant site pian approval and approval of payment of lieu of in the amount of $5 c750.36 with additional screening aiong the eastern property line as approved by Staff.Seconded by Linda Parrish.Unanimously approved. SI.Andrew's Presbyterian Church Ms.Wagner-Grillo presented for review and approval a site pian for St.Andrew's Presbyterian Church.The site is located on Doneison Drive in Williamsport.The site is 5.14 acres.The property is zoned RR.They are proposing to construct a 1,400 sq.foot addition to the existing 7,850 sq.foot church.The proposed addition is for classrooms and offices.Parking required is 56 spaces,58 spaces and 9 handicapped spaces are provided. The hours of operation are Monday through Friday 8:30 AM to 12:30 PM,Sunday 8:30 AM to 12:00 PM,and occasional evening activities.No additional employees or signs are proposed for this addition.Lighting will be building mounted.City water and county sewer service this site.Solid waste will be placed in trash cans and removed by a private hauler.One delivery per week is expected.Landscaping along the outside of the parking lot will be dogwoods and oak trees.This site is exempt from storm water management and also forest conservation since less than 40,000 square feet of area will be disturbed.All agency approvals have been received. Mr.Anikis made a motion to approve the site plan as presented.Seconded by Mr.Clopper.Unanimously approved. -PRELIMINARY CONSULTATIONS Hotel Complex at Valley World Mr.Lung stated that a preliminary consultation was held on Thursday,December 9,2004,to discuss a concept plan for a Hotel Complex at Valley World.The property is located west of the Valley Mall,east of 1-81,south of Halfway Boulevard.Two new hotels are proposed,a Springhill Suites and a Courtyard hotel (both are Marriott facilities).Each hotel would be located on its own lot.The site was previously used for an outdoor RV storage lot and there is an existing commerciai building to be removed.Access to the site is off of the Valley Mall parking iot in the vicinity of the Toys 'R Us bUilding.At the time of the preliminary consultation,the plans were very vague;however,significant changes and details have been added to the plan since that time.Concerns regarding access,parking,setbacks and traffic circulation around the buildings have been addressed.Mr.Lung also stated that the owner has had several meetings with Mr.Joe Kroboth,Director of Emergency Services, concerning his issues.Fire hydrant placement will be addressed in the actual site plan process.Storm water management will be handled by the existing pond.Traffic flow patterns around the Mall were discussed by Commission members.Mr.Lung stated that the County Engineer would be reviewing the impact that the motels wouid have on the proposed improvements to the Halfway Boulevard area.Randy Cohen,owner/developer, stated that he has been working with the Staff to resolve any issues. No action was required. OTHER BUSINESS Westfields Subdivision Mr.Thompson presented a review and update of the Westfields Subdivision.The owners are working closely with the County to address all concerns pertinent to this project.Ms.Pietro introduced Jed Beall from Davis, Renn &Associates and Jeremy Holder from Ausherman Deveiopment.Mr.Jim MacGillivray,Vice President of 84 Ausherman Development Corporation,stated that after a meeting with the Washington County Board of Education,the school lot has been moved to a site agreeable with the County.A few lots have been lost in Section III due to the change,but have been moved to still allow the same amount of single family lots.Property lines will be finalized and fencing will be erected around the cemetery sometime in the spring.Mr.Thompson also stated that the developer and the County have been working together to prepare a plat for the schooi site in order to obtain funding to move forward with construction in a timely manner.This site is served by county sewer.The Commission also discussed with the applicant the agreement with Thompson Gas to provide propane service to the development.Thompson Gas is installing the system but the system will be inspected by other agencies.Thompson Gas will own the distribution center and the tanks.There is a contract with Thompson Gas to provide service to the Westfields community with a provision that residents may obtain service elsewhere should Thompson Gas fail to provide service for any reason.This contract also includes a pricing agreement.Each individual customer has the right to challenge Thompson Gas's pricing structure at any time.Thompson Gas has agreed to match the lowest competitor's price. No action was required. Rosewood Village,Phase III Mr.Thompson presented an update on Rosewood Village,Phase III.Mr.Shaool has requested the Planning Comm'lssion to approve the Phase III plans that have been submitted.Completion of APFO agreements have not been finalized and executed for Phases.II-A,II-B and III and there is a Forest Conservation item still pending for Phase I.Mr.Shaool stated that they would like to sign and the APFO fee agreements for all phases at the same time.Mr.Shaool also stated that the fees would be approximately $4 million.WASH CO Developments is anticipating the sale of several lots from Phase II-B within the next 60 days.During a previous discussion by the Commission regarding the preliminary piat and site plan for Phase II-B,it was stated that the Commission would like to have an agreement signed before Phase III would be considered for approval.If changes needed to be made to the agreement after Phase III was submitted,it would be done at that point.Mr.Shaool stated that the amount of fees is in dispute due to the discount for the commercial area located in Phase II-B,however the amount per unit is acceptable. Mr..Moser made a motion that the Planning Commission does not consider Phase III until the APFO agreement has been resolved on the previous sections along with Phase III.Seconded by Mr Anikis.Motion carried by Ms. Parrish,Mr.Anikis and Mr.Moser voting "Aye"and by Mr.Clopper and Mr.Reiber voting "No"and Mr. Kercheval abstaining. Policy Issues Mr.Thompson presented a request received by the Staff to grant an extension for a preliminary consultation that was held on January 22,2004 for the Powers/Smithsburg Development Subdivision.The property is located at Huyetts Crossing.The Consultant anticipates re-submittal of the plans for preliminary plat approval by this summer and to begin construction this summer as well.There are no major changes to the concept plan. Mr.Clopper made a motion to grant a six month extension on the preliminary consultation for the Powers/Smithsburg Development Subdivision.Seconded by Mr.Anikis.Unanimously approved. Mr.Thompson presented a request received by the Staff from a resident of the South Pointe development. Sidewalks were constructed on the east side of South Pointe Drive by the developer,Mr.Crampton,as approved by the Pianning Commission.The resident has requested that the sidewalk be removed.The Planning Commission has denied this request. "'imousiyapproved. UPCOMING EVENTS 1.Regular Planning Commission meeting,Monday,March 7,2005 at 7:00 PM 2.Planning Commission Workshop,Monday,February 21,2005,1:00 to 4:00 PM,Administrative Annex ADJOURNMENT r, Mo',"mo""by M,.Moo".,"00""'"by M,.Clop"".ro O'j,"~(~P~"" Don P.Ardinger Chairman 86 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEEETING -MARCH 7,2005 The Washington County Planning Commission held its regular meeting on Monday,March 7,2005,in the County Administrative Annex Conference Room. Members present were:Vice-Chairman,R.Ben Clopper;Linda Parrish,Terry Reiber,Bernard Moser, George Anikis,and Ex-Officio,James F.Kercheval.Staff members:Planning Director, Michael Thompson;Senior Planners,Timothy A.Lung and Lisa K.Pietro;and Associate Planner,Misty Wager- Grillo.Absent:Chairman,Donald Ardinger. CALL TO ORDER Vice Chairman,R.Ben Clopper called the meeting to order at 7:00 p.m. MINUTES Mr.Moser made a motion to approve the regular meeting minutes of February 7,2005,as amended. Seconded by Mr.Reiber.Unanimously approved. NEW BUSINESS ·VARIANCES: Rocky Spring Acres Ms.Wagner-Grillo presented for review and approval a variance request for Lot 4,Rocky Spring Acres Extended,located along the west side of Route 40.Lot 4 is approximately 5 acres and is zoned Agriculture.The subdivision of lots 1-6 was approved by the Planning Commission on November 2, 1987,with the stipulation that there be no further subdivision of lots 1 - 6 due to highway restriction on access spacing.Route 40 is classified as a Minor Arterial and requires 500'between each access point. There are currently 3 access points for Lots I - 6 and they are each 500'apart.Mr.and Mrs.Sweeney,the current owners of Lot 4 want to subdivide a 1.5 acre lot for their son,which would be Lot 4A.The proposed subdivision would not require a new access point.They would share an access point with Lots 3 and 4,with a panhandle for Lot 4.The State Highway Administration has reviewed the plan and they do not have any objection to the subdivision of Lot 4A as long as it stays with the current proposal and no new access points are created.The Planning Commission requested that a driveway maintenance agreement be added to the plat. Mr.Kercheval made a motion to approve the variance as presented.Seconded by Mr.Anikis. Unanimously approved. Thomas and Wendy Creswell Ms.Wagner-Grillo presented for review and approval and variance request for Thomas Creswell,located along the north side of Route 40.The property is zoned Conservation.The Creswell's would like to subdivide an additional 10 acre lot,which is proposed Lot 5,to help fund their spring water business.In order to create Lot 5,three additional variances need to be granted by the Planning Commission. Requested variances:1)panhandle length greater than 400 feet;proposed panhandle of 2,610 feet to Lot 5;2)the additional panhandle would create four adjoining panhandles;and 3)the additional panhandle lot would create stacking of lots of more than 2 tiers.Currently,Lots 1 - 4 share an easement for common access driveway and Lot 5 would be added to that use.The State Highway Administration has reviewed this plan and have no objection to approval as long as new access points are not created.The Department of Emergency Services does not recommend approval of the variance as shown.They have based their decision on the fact that anytime three or more lots are served from a driveway (private lane),the private lane must be named for 911 service purposes.A residence that is served from a long lane,is at a higher level of risk for fire and medical services.If the property owners served by the common driveways agree to naming the lane,then Emergency Services will recommend approval.The property owners have agreed to name the lane.There are some steep slopes of 25%or greater on the site. Mr.Moser made a motiou to deny the proposed variance due to the length of the panhandle being created, the creation of stacking lots and the steep slopes on the site.Seconded by Mr.Anikis.Unanimously approved . •SITE PLANS Wholesale Millwork Ms.Pietro presented for review and approval the site plan for Wholesale Millwork.The site is located on the north side of Hunters Green Parkway near its intersection with Hopewell Road.The property is zoned HI-I.A 45,000 square foot lumber warehouse is proposed on 5.8 acres with no remaining lands.There is a historical house with a barn on this site.An easement for the Maryland Historical Trust is proposed for 87 this site and will provide the Trust the right to review any proposed exterior alterations to the house.The hours of operation for the warehouse will be 7:00 a.m.to 4:00 p.m.,Monday through Friday.There will be 4 employees in the warehouse and 2 employees in the office.The office space is approximately 500 square feet.Public water and sewer will serve the site.Fire hydrants will be located along Hunters Green Parkway.There will be 5 truck deliveries per day.Parking required is six spaces;there are 12 provided. There is a screened dumpster for solid waste on the site.There is no signage proposed.If signs are later added,they will comply with the appropriate sections of the Zoning Ordinance.Lighting will be building mounted.Landscaping will be located in the front of the building.Forest Conservation requirements were met with payment in the amount of $3,789.52.All agency approvals have been received with the exception of the agreement with the Maryland Historical Trust. Mr.Anikis made a motion to grant site plan approval subject to an easement being conveyed by the applicant to the Maryland Historic Trust.Seconded by Mr.Moser.Unanimously approved. Martin Marietta Materials -Pinesburg Ouarry Mr.Lung presented for review and approval the site plan for Martin Marietta Materials Pines burg Quarry. The purpose of the site plan is to include additional extraction area and stockpile storage for the quarry operation.The site is located on the west side of Bottom Road,south of Clear Spring Road (Maryland Route 68).The total site area is 400 acres.The property is zoned Industrial Mineral -1M.Martin Marietta Materials proposes to expand the extraction limit to include an additional 7.7 acres.The Maryland Department of Environment has approved the surface mining permit modification for these changes.The mining depth will be unchanged and the zone of influence will remain unchanged.The increased area will not change the operation of the business in regard to their production,traffic,hours of operation.The existing screening berm along Bottom Road will be extended as mining progresses.Vegetative screen planting will also be installed.The berm will be constructed with the overburden material from the site. There is currently fencing along Bottom Road that will be extended along the railroad to provide additional security.The minimum setback required by the Zoning Ordinance is 100 feet.Martin Marietta previously established a 200 foot setback.All agency approvals have been received. Mr.Anikis made a motion to grant site plan approval.Seconded by Mr.Moser.Unanimously approved. PRELIMINARY CONSULTATIONS MEC,lnc. Ms.Pietro presented the Summary of the Preliminary Consultation that was held on February 3,2005 for the MEC,Inc.concept plan.MEC,Inc.is proposing to construct an industrial office and warehouse on a site located on McRand Court,south of the intersection of Hump Road and Maryland Route 144.The site is zoned IG.Public water and sewer will serve this site.The owner's business is currently located in Frederick;however he would like to relocate the business to Washington County since he resides here.A site plan and subdivision plat will be presented for the Planning Commission's approval in the near future. Staff will work on arranging a field trip. No action required. OTHER BUSINESS -Mt.Aetna Farms PUD The consultant for Mt.Aetna Farms PUD,Bowman Consulting,would like the Planning Commission and Staff to visit other sites which are similar to the development they are proposing for the site located in the vicinity of Robinwood Drive.There are approximately 1,600 units proposed for this site.This development is a neo-traditional design that includes different design elements and road standards than what is normally found in Washington County The Commission members were interested in visiting some various sites to view the development concepts proposed and advised the Staff to set up the field visit. UPCOMING MEETINGS iber,Unanimously 1. 2. Joint Rezoning Hearing,Monday,March 14,2005 at the Court House,95 West Washington Street. Regular Planning Commission meeting,Monday,April 4,2005 at 7:00 p.m.at the Court House,95 West Washington Street.r ADJOURNMENT \ e motion to adjourn the meeting at 8:30 p.m.#~cond approved.J~ ---=-f--;i-jfN-\lilile<-U_-¥,14I-=v_v ---1-\l\ _ Don 1'.Ardinger,Chairman 88 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEEETING -APRIL 4,2005 The Washington County Planning Commission held its regular meeting on Monday,April 4,2005,in Courtroom #1 of the Washington County Courthouse. Members present were:Chairman Don Ardinger;Vice-Chairman,R.Ben Clopper;Linda Parrish,Bernard Moser,George Anikis,and Ex-Officio,James F. Kercheval.Staff members:Planning Director,Michael Thompson;Senior Planners, Timothy A.Lung and Lisa K.Pietro;and Associate Planner Jill Baker.Absent:Terry Reiber. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 7 :00 p.m. Mr.Thompson stated that the site plan for M &W,Inc.has been removed from the Agenda. MINUTES Mr.Kercheval stated that there are several changes he would like to recommend regarding the February 21,2005 Planning Commission workshop minutes.Mr.Clopper made a motion to tahle the minutes of the February 21,2005 Planning Commission workshop until amended.Seconded by Mr.Kercheval.Unanimously approved. Mr.Clopper made a motion to approve the regular meeting minutes of March 7,2005,as presented.Seconded by Mr. Anikis.Unanimously approved. OLD BUSINESS H:B.Mellott Rezoning Decision Ms.Pietro presented a map indicating final subdivision plat approval and dwellings constructed in this area since 1999. Comments:Mr.Anikis offered several observations following extensive research regarding this rezoning request. •Mr.Anikis stated that afler reviewing the transcript of the January 1999 public hearing,tapes and minutes of the Planning Commission meeting in May 1999,minutes of the Board of County Commissioners meeting in 1999,the circuit court memorandum of 2000 and the results of the Court of Special Appeals 200 I ruling,when the applicant received approval for the 1M overlay zoning in 1999 further expansion of the quarry was not discussed. •He also stated that the property consists of five parcels (parcels 8,19,121,143 and 385)rather than one parcel,as noted in the Staff Report,containing 80.33 acres. •The applicant,H.B.Mellott Estate,Inc.,purchased this property on September 12,2001.The Planning Staff held a preliminary consultation on November 9,2000 with the Easterday family regarding a proposed development on an adjacent property.On AprilS,2001,a subdivision plat was submitted to the Planning Commission by the Easterday family for the adjacent property.The Planning Commission granted approval of the subdivision plat in May 2002. •Mr.Anikis also noted that the Staff Report states that Maryland Route 66 is considered a m'\ior collector road with an average daily traffic count of 1,000 to 3,000 vehicles.However,information on the State Traffic website states that the average daily tramc within close proximity to the entrance of the quarry are as follows:in July 2002, there were 7,875 cars reported within a 24 hour period;in 2003,a state factor method was used to calculate an increase in traffic reporting 7,950 cars per day;and in 2004,8,225 cars per day was reported.Mr.Anikis also stated that the applicant has requested an increase in their production rate from 400 to 600 tons per hour.This may also create an increase at this location. •According to the map presented by Ms.Pietro,there are 26 homes that are built,under construction or permits have been applied for,adjacent to and east of the property that includes the Easterday property and Cannon Forge. There are seven lots adjacent to the entrance of the property to the west.Beaver Creek Subdivision is within Yz mile to the north,Crest Valley Subdivision is within y,mile to the northeast,and Highland View Academy and Mount Aetna Camp is within Y,mile to the east of the property. Mr.Clopper stated that the proximity of the quarry is incompatible with the homes in the area;and,therefore,he feels that a recommendation for approval of this request would be detrimental to the responsibility of the Planning Commission. Mr.Moser also stated his concern with the proximity of the quarry to the residential homes in the area.For this application to be approved,the plan should be appropriate and logical within the scope of the Comprehensive Plan.The plan is incompatible with the surrounding residential lots. Ms.Parrish stated that this area of the County has become one of the most desirable areas for new residential development. Due to population changes and residential development surrounding this property on the north,east and west sides,this rezoning request is incompatible with the area. 89 Mr.Anikis made a motion to recommend to the Board of County Commissioners,denial of the applicant's request to expand the 1M Overlay zone citing incompatability with adjacent properties and existing land uses in the area.Seconded by Mr.Moser.Mr.Kercheval abstained.Unanimously approved. -VARIANCES: Misty Knoll Ms.Baker presented for review and approval a variance request for a five lot subdivision known as Misty Knoll located on the south side of Leiters Mill Road.The property is 27.82 acres and is zoned Agriculture.Two variances are being requested for this subdivision.First,the Subdivision Ordinance allows a two-tier panhandle within a subdivision. However,this subdivision creates a three-tier configuration of Lots 1,2 and 3.The second variance is regarding the stacking of panhandles side by side and how it relates to highway access.The Subdivision Ordinance allows two side-by- side panhandles.This subdivision is requesting three side-by-side panhandles for Lots 2,3 and 4.All of the lots will share one access onto Leiters Mill Road.The reason stated for hardship is because perc sites for Lots 2 and 3 are in close proximity to one another and it is difficult to obtain approval for setbacks and lot lines.The Staff recommends approval of the plan with the contingency that a note is added to the plat stating that no further subdivision of lots will be permitted without Planning Commission approval.Ms.Baker stated that there is very little future development potential for these lots based on the highway access issue and perc test site availability. Discussion:Mr.Anikis expressed concern regarding the maintenance of the access road.Ms.Baker stated that partial access to the property would be located within the County right-of-way,which will eliminate some issues of maintenance. She also stated that the Planning Commission has required some developers to draft an access easement agreement,which is included in the deeds for each parcel within the development.The owners stated that such an agreement would be drafted for this development.Ms.Baker stated that the road will be named for 911 and addressing purposes. Mr.Clopper made a motion to approve the variances contingent upon an access agreement,a note on the final plat that "no further subdivision will be permitted without Planning Commission approval,"and that the road be named.Seconded by Mr.Anikis.Mr.Clopper,Mr.Anikis,Ms.Parrish,and Mr.Kercheval voted "Aye".Mr.Moser voted "No".So ordered. Howard F.Payne -Quiet Meadows Ms.Baker presented for review and approval a variance by Howard F.Payne for the expansion of Quiet Meadows subdivision located on the east side of Maryland Route 67,Rohrersville Road.The property is 57.67 acres and is zoned Conservation.This property is part of the Daugherty two lot subdivision,which was approved in December 2004.Access to the property is from Stone Row Lane.The fifty foot right-of-way was split into two large lots by the previous developer (Dan Ryan Builders).The current developer is requesting further subdivision of Lot 2 into four additional lots.The subdivision does comply with the current moratorium ordinance.H.F.Payne is requesting a variance for four additional panhandle lots.This development will be an extension of Quiet Meadows subdivision,which currently has three, panhandle lots;therefore,the total number of panhandles for this subdivision will be seven. Mr.Moser made a motion to deny the variance request.Seconded by Mr.Clopper.Unanimously approved. •SUBDIVISIONS Howard F.Payne -Quiet Meadows,Lots 5-31 Ms.Pietro presented for review and approval the preliminary plat for Quiet Meadows,Lots 5-31,located along the east side of Route 671R0hrersville Road.The property is zoned Conservation.The developer is proposing to create 27 single-family lots.A newly constructed street will provide access.There will be one access onto Maryland Route 67.All lots will be served by individual wells and septic.Forest Conservation will be met by retaining 34.4 acres of existing forest predominantly along existing streams and wetland areas.There will be approximately 12 acres of remaining lands.Lots 1- 4 have been previously approved.The Board of Zoning Appeals granted a variance to reduce the required front yards of Lots 3 and 4 to 27.5 feet.All agency approvals have been received.When this plan was submitted in 2003,an application was submitted to the Maryland Department of the Environment regarding bridge crossings for the streams.MDE has approved this application. Discussion:Mr.Anikis addressed the issue regarding maintenance of the bridges on private property.The developer stated that the homeowners would maintain the bridges.A standard agreement is signed by the property owners and recorded with the deed. Comment:Mr.Thompson recommended that the final plat for Quiet Meadows,Lots 5-31,be presented to the Planning Commission for approval to enSure that all additions and revisions meet the satisfaction of the Commission. Mr.Clopper made a motion to grant preliminary plat approval with the stipulation that the final plat is presented to the Planning Commission for their review and approval.Seconded by Mr.Moser.Unanimously approved. -SITE PLANS Warehouse and Terminal Properties Ms.Pietro presented for review and approval the site plan for Warehouse and Terminal Properties located along Business Parkway.The property is zoned HI-I.The developer is proposing to construct a 21,000 square foot building for a commercial tire center.The site is approximately 4.47 acres and is served by public water and sewer.There are 8 employees proposed.Hours of operation will be Monday through Saturday,8:00 a.m.to 5:00 p.m.Eleven parking spaces are required,17 spaces are provided.The projected daily use is 40 trips per day and 2 freight and deliveries per week. Solid waste disposal will be a 30'x 12'dumpster located in the rear of the property.Lighting will be building mounted. There are no free standing signs proposed;however,if signs are added in the future,they will meet the requirements 90 specified in the Zoning Ordinance.Landscaping will be provided using Red Maple trees,Bradford Pear trees,Burning Bush,and White Pines.Approval from the City Water Department and the Health Department are pending.All other agency approvals have been received.There will be no outside storage of tires.This property was a lot of record prior to the adoption of the Forest Conservation Ordinance,therefore,no reforestation is required. Mr.Moser made a motion to approve the site plan contingent on approval trom the City Water Department.Seconded by Mr.Anikis.Unanimously approved. Paramount Baptist Church Ms.Baker presented for review and approval a site plan for the expansion of the Paramount Baptist Church located along the west side of Marsh Pike adjacent to Foxleigh Meadows.The property is approximately 5.78 acres and is zoned RS - Residential Suburban.The current structure is approximately 7,000 square feet with a proposed addition of 17,000 square feet.The hours of operation will be on Sunday and occasionally during the week for church related activities.The parking required is 100 spaces and 158 spaces are provided.Storm water management will be handled with a pond in the rear of the property.The developer is requesting to meet the Forest Conservation requirement by payment in lieu of (approximately $6,000.00).Approval from the City Sewer Department and the Health Department are pending.All other agency approvals have been received. Mr.Kercheval made a motion to approve the site plan contingent on approval from the City Sewer Department and the Health Department and to accept payment in lieu to meet the Forest Conservation requirement.Seconded by Mr.Anikis. Unanimously approved. Mace Auto Body Ms.Baker presented for review and approval a site plan for the expansion of the Mace Auto Body shop located on the northeast corner of Bikle Road and Route 64 in Smithsburg,Maryland.The property is zoned Agriculture and is 3 acres. The owner is proposing a 4,800 square foot,3 bay addition to the existing auto body shop.The parking required is 26 spaces and 26 spaces are provided.The hours of operation are Monday through Thursday 7 :00 a.m.to 6:00 p.m.and Friday from 8:00 a.m.to 4:00 p.m.The Board of Zoning Appeals granted a variance of the side yard setback requirement from ISO feet to 20 feet in August 2004.The site is exempt from Forest Conservation due to the fact that the disturbed area will be less than 40,000 square feet on an existing lot of record.All agency approvals have been received.White pine trees will be planted to provide additional screening along Maryland Route 64. Mr.Clopper made a motion to approve the site plan.Seconded by Mr.Anikis.Unanimously approved. •PRELIMINARY CONSULTATIONS Mt.Aetna Farms PUD Mr.Lung presented a concept plan for Mt.Aetna Farms PUD for review as the first step in order to obtain a PUD overlay zoning necessary for this development. This site is approximately 220 acres and is located in the vicinity of Mt.Aetna Road and Robinwood Drive behind the Rosewood development.This plan represents a neo-traditional or TND,traditional neighborhood development.Mr.Lung noted that on March 31",several Planning Commission members along with Staff from several County departments,visited Kentland development with the developer's consultant to view a built-out TND community.The developer is proposing 1,431 units containing a mixture of single-family dwellings on various sized lots, townhouses,condominiums,and a new type of residential unit called a two over two town home.They are also proposing approximately 2 acres of commercial area with rental living space above the commercial uses.A road network connecting with Varsity Lane (proposed for construction during Phase 3 of Rosewood Village)and connections onto Medical Campus Road and Yale Drive are proposed.Alleyways and parking spaces located to the rear of the lots is proposed.A considerable amount of recreational facilities is proposed and a school site has been set aside.This development will be constructed in four phases:Phase 1 -468 dwelling units;Phase 2 -559 dwelling units;Phase 3 -341 dwelling units; Phase 4 -63 dwelling units.Open space areas are proposed using an urban type park setting with gardens,park benches, gazebos and a community center with includes an indoor/outdoor swimming pool,tennis courts,tot lots,and community meeting rooms.Mr.Lung noted that numerous modifications to current Zoning Ordinance and Subdivision Ordinance requirements would be necessary to accommodate many elements of the design. Sunnnary of Staff Comments from Preliminary Consultation held in February 200S: 1.There is no direct access route for Varsity Lane.The Engineering Department recommends that Varsity Lane be extended through this development to provide for possible future connection with Eastern Boulevard. 2.The size and design of the school site that was presented at the Preliminary Consultation has been further discussed with the Board of Education. 3.Adequate parking within the development needs to be addressed. 4.The Forest Conservation requirement are proposed to be addressed off-site or by payment in lieu of. 5.The Historic District Commission has recommended that the structure listed on the Historic Sites Survey located on the site should be saved and incorporated into the development. 6.This development would have to comply with the current sewer capacity allocation plan the City is preparing. Mr.Steve Stannard of Bowman Consulting,Inc.,representing the developer,presented updated plans that incorporate some of the changes recommended at the Preliminary Consultation.He also presented a booklet of planning and design guidelines. 1.The school site is approximately 9 acres and is incorporated within the community area. 2.The circulation pattern designed around the center square green of the development begins to address some of the concerns regarding the extension of Varsity Lane. 3.Plans to preserve and incorporate the historic structures located on the site are being considered.One possible use may be a fire station. 91 4.The developer is proposing to meet the open space and forest conservation requirement by creating an innovative off-site program.They are proposing the creation of additional forested areas in the storm water management facility. Mr.Kercheval stated that an urban development such as Mt.Aetna Farms would be an ideal development within the City limits.Mr.Divelbiss,attorney for the developer,stated that annexation into the City is not a viable option at this time because the site is not contiguous to City properties. Planning Commission Comments:Mr.Kercheval stated that the sewer issue is a major concern for the entire County. Annexation into the City would probably allow the developer to obtain more sewer allocations per year.A plan to address inadequacies in that school district should be addressed at the beginning of the development process.The Varsity Lane issue also needs to be resolved with the County Engineering Department.The restoration of the historic structures on the site to be used as a fire station will be an asset to the community and will help to address the need for fire service in this area.The Forest Conservation requirement for this site will need to meet specific criteria for payment in lieu of or for an off-site planting.Mr.Clopper stated that aforestation should be addressed in close proximity to the development.Mr. Ardinger expressed concern regarding the impact of additional traffic in the RobinwoodlMt.Aetna Road area.A development of this magnitude would generate additional traffic on roads that are already overcrowded and congested.Ms. Parrish expressed concern for the limited number of access roads,entrances and exits,onto Robinwood Drive and Medical Campus Road.She recommends at least one other major exit out of that development.Mr.Anikis stated that the Engineering Department does not want the County to be responsible for the maintenance of alleys and tree lines along curbs. No action required . •OTHER BUSINESS Water and Sewer Amendment for the Town of Smithsburg Mr.Lung presented a Text Amendment to the Water and Sewerage Plan for the Town of Smithsburg to include revisions to Table 3 (Projected Water Supply Demands and Planned Capacity).Table 6 (Immediate,Five and Ten Year Priorities for Water Development)and the text for the Smithsburg Water Service area in Chapter III for the proposed construction of a new 0.25 MG ground water storage tank to augment the Town's finished water storage.A public hearing was held on March 14,2005.The applicant has addressed all elements outlined in Appendix B for amendments to the Plan.Mr. Clopper made a motion to recommend approval,as presented in the Staff Report and Analysis Following Public Hearing,to the Board of County Commissioners for the text amendment of WS-05-001,as it is consistent with the Comprehensive Plan.Seconded by Mr.Moser.Mr.Kercheval abstained.Unanimously approved. Water and Sewer Amendment and Comprehensive Plan Amendment for the Town of Boonsboro Mr.Lung presented a Map and Text Amendment to the Water and Sewerage Plan and a Comprehensive Plan Amendment, submitted by the Washington County Health Department,to include the Urban Growth Area into the Planned Service Designated Area associated with the Town of Boonsboro.A public hearing was held on March 14,2005.The applicant has addressed all of the elements outlined in Appendix B,has met the eligibility requirements for amendments to the Water and Sewerage Plan and would be considered consistent with the policies of the Comprehensive Plan.Mr.Moser made a motion to recommend approval,as presented in the Staff Report and Analysis Following Public Hearing,to the Board of County Commissioners for the map and text amendment of WS-04-002 and the amendment of CP-05-00l,as it is consistent with the Comprehensive Plan.Seconded by Mr.Clopper.Mr.Kercheval abstained.Unanimously approved. Capital Improvement Program Mr.Thompson presented the Capital Improvement Program for the Planning Commission's review and recommendation. The Planning Commission's responsibility is to forward a recommendation to the Board of County Commissioners that the proposed projects within the CIP are consistent with the Comprehensive Plan of Washington County.Mr.Thompson stated that Capital Improvement Program is a six-year plan with the first year of the Plan designated as the CIP budget for the upcoming fiscal year.Mr.Thompson presented the major issues addressed in the proposed CIP as follows:(1)the proposed six-year CIP has increased approximately $175 million over the FY 2005 CIP;(2)the proposed budget for FY 2006 is approximately double the FY 2005 budget;(3)the plan calls for the construction of at least one new school per year as requested by the Board of Education;(4)funding for the CIP budget is based on the construction of 1,000 dwelling units per year;(5)the excise tax currently proposed,if passed,would become effective July 1,2005;(6)the Board of County Commissioners has indicated that bonding of up to $14 million will be used to help fund the projects;and (7)additional revenue will be necessary to continue funding in FY 2008 and beyond. Mr.Clopper made a motion to recommend to the Board of County Commissioners that the proposed Capital Improvement Program is consistent with the Washington County Comprehensive Plan.Seconded by Mr.Moser.Unanimously approved. •UPCOMING MEETINGS 1.Regular Planning Commission meeting,Monday,May 2,2005 at 7:00 p.m.at the Washington County Administrative Annex,80 West Baltimore Street. -ADJOURNMENT Mr.Moser made a motion to adjourn the meeting at 10:10 p.m.per.Unanimously approved. 93 WASHINGTON COUNTY PLANNING COMMISSION WORKSHOP MEETING -FEBRUARY 21,2005 The Washington County Planning Commission and Planning Staff held a workshop meeting on Monday, February 21,2005 at 1:00 p.m.in the County Administrative Annex Conference Room #1. Members present were:Chairman,Don Ardinger;Vice-Chairman,R.Ben Clopper;George Anikis,Bernard Moser;Terry Reiber;Linda Parrish;and Ex-Officio,James F.Kercheval.Staff members present were: Planning Director,Michael Thompson;Chief Senior Planner,Stephen T.Goodrich;and Administrative Assistant, Debra Eckard. DISCUSSION Affordable Housing Mr.Thompson began this discussion by stating that the Board of County Commissioners has set the development of a workforce/affordable housing program as one of their goals for 2005.They will be estabiishing a task force to move forward with the goal.Currently there is a proposed Bill that is now before the State Legislature that may require all future Comprehensive Plans to include affordable housing/work force housing elements.In addition,the excise tax legislation that the County Commissioners are now working on proposes to provide a credit or exemption for work force housing from the excise tax.When a task force is formed,Mr.Thompson would like to recommend to the Commissioners that one member from the Planning Commission serve on this task force.The task force would view other county's programs and establish goals, objectives and recommendations for Washington County.The City and County would need to work together on implementing any new programs. Mr.Anikis made a motion that the Board of County Commissioners consider selecting a member of the Planning Commission to serve on the workforce/affordable housing task force.Seconded by Mr.Clopper.Unanimously approved. Reserving School Sites Mr.Thompson began this discussion by stating that the Board of Education would like to see school sites shown on the Comp Plan.The Board has provided Mr.Thompson with a map indicating several locations where school sites will need to be placed in the future.The south side of the County toward Williamsport is a major concern due to several large developments proposed or currently under construction in that area.This map will be beneficial to the Planning Staff when meeting with new developers.Mr.Kercheval stated that in discussions with Dr.Morgan from the Board of Education,funds are being set aside to hire a Facilities Planner to meet with new developers and be available to the Planning Department to address impacts of new development and the Board of Education's need for future growth.The planner would not only be available to the County but also to the planning staff and commissions of all municipalities.A consultant has been hired by the School Board to project growth within the school system over the next several years.Mr.Reiber proposed a joint meeting with the Board of Education and have a formal agenda on issues concerning the Planning Commission.Mr.Moser suggested meeting with the Board of Education staff/administration rather than the elected School Board.Mr. Anikis proposed having an Ex-officio from the Washington County Public School administration to attend the monthly meetings of the Planning Commission to adequately address school site issues and development in school districts that are now near or over capacity as projects are presented.He aiso suggested providing the school board with information concerning the number of permits issued and the number of approved lots in various sectors throughout the County.Mr.Kercheval discussed the need for a standardized APFO policy that determines when to approve subdivisions and when to stop the issuance of building permits.Although portable classrooms are an option,a school's core facilities (cafeteria,gym,etc.)are limited and they must also be evaluated along with the State rated capacities to determine the maximum number of children that can be reasonably handled at anyone school.APFO policies that take into account these limits must then be developed to allow growth to continue at a controlled rate.However,once a certain amount of growth has occurred and these maximum limits are reached in a school district,building permits may need to be stopped.A set countywide policy needs to be established and presented to developers as a means to address this process. Mr.Anikis made a motion to propose a meeting with members of the school administration/staff,with the permission of the School Board,to allow the school administration to provide a presentation to the Planning Commission regarding the planning issues or problems the School Board sees and their recommendations to deal with these issues.Mr.Reiber asked Mr.Anikis to add to the motion that the Planning Commission set the Agenda to address the issues and concerns discussed and that Mr.Ardinger would preside as the Chairman for this meeting.Linda Parrish seconded the motion.Unanimously approved. Discussion:Mr.Moser would like information addressing recommendations that the Board of Education is now proposing and personnel that are working on these issues. Recommendation:Mr.Kercheval will present to the Board of County Commissioners,the Planning Commission's consensus to recommend the appointment of a Facilities Planner. Big Box/Empty Store Sites Mr.Reiber began the discussion by stating that there is a need to encourage redevelopment and utilization of empty store sites around the County.Companies are abandoning sites to build larger facilities rather than 94 improving or expanding sites already in place.The Economic Development Commission keeps an inventory of all empty buildings and tries to encourage industries to relocate in these buildings.Mr.Kercheval proposed the creation of an Ordinance to address these types of stores.Incentives such as tax credit benefits to use these abandoned sites were discussed.A proposal was also discussed that the owner of the abandoned sites should be responsible to return the site to green space if a building remains empty for a certain period of time. Mr.Reiber made a motion to ask the Planning Staff to provide information regarding the availability of vacant big box/empty store sites or empty warehouse sites within the County.This information will be used at another meeting and further discussion will be needed.Seconded by Mr.Clopper.Unanimously approved. Demolition Permitting Process Mr.Anikis began the discussion by stating that the process for demolition permits needs to be more structured or eliminated.Mr.Anikis would like to see the Historic District Commission provide a more detailed analysis of the property proposed for demolition and its rehabilitative costs.A more detailed summary of demolition denial by the Historic District Commission would also be more helpfui to the Planning Commission in making their decisions on historic properties slated for demolition.He would also like the developer to make an effort to sell the property for rehabilitation.Mr.Kercheval stated that he believes the County should offer incentives as a way to preserve historic buildings.Some incentives could be to offer the developer bonus density for development or reduce the amount of open space needed in a PUD.The County now offers property tax credits for the restoration of historic sites in the Historic Preservation Zone.Mr.Goodrich stated that historical sites are evaluated by several agencies to determine their historic value.The National Register is a very standardized process with very specific criteria administered by the State and Federal governments jointly.Property on the National Register has significant historic value based on specific criteria.Being listed on the National Register is not an absolute prevention for demolition;however,the Register listing is a way to discourage government from spending the citizens'money to destroy its history.The State of Maryland Register is very similar.The County Inventory is a listing of historical sites without regulatory controls.Historic Preservation Zoning,which an individual property owner could apply for,changes the zoning on the property and requires that changes to the outside appearance of an historical site be approved by the Historic District Commission. Mr:Anikis made a motion to develop,with Staff,a proposed change to the Zoning Ordinance for the demolition process of an historic site.Mr.Reiber seconded the motion.Unanimously approved. Grading Permit Process Mr.Thompson began by stating that developers are applying for a grading permit from the Engineering Department before plans for development are submitted to the Planning Department.Grading is being performed for uses that may not be permitted on a particular site due to zoning regUlations.Meetings have been held with engineering and surveying firms to discuss the appropriate steps to be taken for site plan approvals.Forest Conservation is a critical step in the permitting process and needs to be addressed before any grading takes place.Staff would like to have the support of the Planning Commission in order to move forward to resolve the issues of a logical progression to all permitting processes.Mr.Thompson also discussed the "Fast Track"process,which allows a developer to perform,steps in the permitting process concurrently,with the approval of the Economic Development Commission.A recommendation was made that all departments involved with the permitting process should be reviewing the grading permit applications to address any concerns that may be relevant to that department. Mr.Anikis made the motion to recommend that the Planning Staff work with the appropriate departments to resolve the grading permit review process issues discussed and present the results to the Planning Commission at the next workshop meeting.Seconded by Mr.Moser.Unanimously approved. (Mr.Thompson left at 3:45) Lack of Input from Fire Companies The lack of fire protection comments from the local fire companies is a great concern of the Planning Commission.Mr.Clopper proposed sending a standardized checklist to the local fire companies listing common problems and safety issues that would need to be addressed for each development site.If the fire companies would require further information or have more site specific concerns,a meeting could be arranged between the locai fire company and Mr.Joe Kroboth,Director of Emergency Services.The Planning Commission feels that they need to support any recommendations or decisions made by Mr.Kroboth concerning site specific issues. Mr.Anikis stated some concern that response time of emergency vehicles is not addressed.There are NFPA standards and guidelines,which need to be followed.Mr.Kercheval stated that a new communication system is needed at an estimated cost of $21 million.A task force will be established to explore the revenue stream available for various types and levels of funding needed for the County's emergency services.Some grants will be available to aid in funding;however,these amounts will not be a significant source of funding. No action required. Don P.'Ardinger,Chair ADJOURNMENT Mr.Clopper made the motion to adjourn the meeting at 4:25 p.m. I"'""It'"'''d'P,,;,h.So "d,red il/~\/,{~ 95 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -MAY 2,2005 The Washington County Pianning Commission held its regular meeting on Monday,May 2,2005,in the Washington County Administrative Annex,80 West Baltimore Street,Hagerstown.Due to the numerous amount of Agenda items for May,the Planning Commission will hold a second regular meeting on May 9,2005. Members present were:Chairman Don Ardinger,Vice-Chairman R.Ben Clopper,Linda Parrish,Bernard Moser,George Anikis,Terry Reiber,and Ex-Officio James F.Kercheval.Staff members present were: Planning Director Michael C.Thompson,Senior Planner Lisa Kelly Pietro,and Associate Planner Misty Wagner- Grillo. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 7:00 p.m. Mr.Thompson stated that the Board of County Commissioners is requesting a member of the Planning Commission to serve on the proposed Affordable Housing Task Force.Mr.Anikis volunteered to accept this position. Mr.Thompson stated that the approved Minutes of the Pianning Commission meetings are now being posted on the Washington County website. -OTHER BUSINESS John &Krista Young Mr.Thompson presented two letters received from Mr.and Mrs.John Young requesting a waiver on Lot 1 of the 10-year resale restriction that was noted on the subdivision plat recorded in 1999.The 10-year resale restriction statement does not allow the property to be conveyed to any person other than a family member for a period of 10.years without the approval of the Planning Commission.In reviewing the 1997 Planning Commission's adopted policy #14 regarding the 10 year resale restriction that allows the Planning Director to grant a waiver under certain conditions,Mr.Thompson stated that there appears to be some hardship involved,however,the reasons for the request as outlined in the Young's letter did not comply with the specific conditions as presented in the policy.Therefore,the request for the exception must be reviewed and approved by the Planning Commission.Mr.Thompson noted that Lot 2 was granted a waiver in February 2005 due to the death of the owner's husband,which is one of grounds for which the Planning Director may grant a waiver to the exception. Mr.Anikis made a motion to grant the waiver for Lot 1.Seconded by Mr.Kercheval.Unanimously approved. Rezoning Case RZ-05-001 (Remsburg) Ms.Pietro stated that she had no further comments to add to the Staff Report and Analysis Following the Public Hearing for the map amendment for the Remsburg property.The public hearing was held on March 14,2005 and the after hearing analysis was included in the Agenda packets for the Planning Commission members' review.The rezoning application is to rezone the property on the east side of Pennsylvania Avenue,opposite Showalter Road from the current A -Agriculture to BL -Business Local zoning classification. Mr.Reiber made a motion to recommend approval to the Board of County Commissioners for the rezoning request for RZ-05-001 based upon a determination that there was a change of character in the neighborhood and the request was logical,appropriate and consistent with the Comprehensive Pian.Seconded by Mr.Moser. Mr.Kercheval and Mr.Ardinger abstained.Unanimously approved. Rezoning Case RZ-05-002 (Interfaith Housing Alliance) Ms.Wagner-Grillo stated that she had no further comments to add to the Staff Report and Analysis Following the Public Hearing for the map amendment for Interfaith Housing Alliance.The public hearing was held on March 14,2005 and the after hearing analysis was included in the Agenda packet for the Planning Commission members'review.The rezoning application is to rezone the property on the west side of Military Road, approximately one-quarter mile north of Macfee Hill Road in Cascade,Maryland from the current BL -Business Local to RR -Residential Rural zoning classification. Mr.Moser made a motion to recommend approval to the Board of County Commissioners for the rezoning request for RZ-05-002 based upon a determination that there had been a mistake made in the original zoning of the property and that the request was logical,appropriate and consistent with the Comprehensive Plan. Seconded by George Anikis.Mr.Kercheval and Mr.Ardinger abstained.The motion carried with Ms.Parrish, Mr.Anikis and Mr.Moser voting "aye"and Mr.Reiber voting "nay". -SITE PLANS Louderback Car Wash Ms.Wagner-Grillo presented a site plan for review and approval for the Louderback Car Wash.The property is located on the west side of Sharpsburg Pike.The parcel area is 0.58 acres and is zoned HI-1.The developer is proposing a 3,161 square foot building for an automatic car wash with 4 hand bays and 2 auto bays.The hours of operation will be 24 hours per day 7 days per week.No employees are proposed.They are proposing a freestanding sign that will be a maximum of 300 square feet wide and 35 feet high,which is the maximum, allowed as specified in the Zoning Ordinance.Outside lighting will be mounted on the vacuum isiands.Public water and sewer serve the site.Storm water management will be addressed by a storm water management pond.This site is exempt from Forest Conservation requirements.The Board of Zoning Appeals approved a 96 variance to reduce the rear and side buffer yard requirements from 50 feet to 10 feet.A retaining wall with a 6- foot privacy fence is proposed along the south and west sides of the property to screen the existing residential properties as required by the Board of Zoning Appeals.All agency approvals have been received. Mr.Clopper made a motion to grant site plan approval contingent on the developers using white vinyl fencing to screen the property.Seconded by Mr.Moser.Unanimously approved. Rentals Unlimited Ms.Pietro presented a site plan and preliminary/final plat for review and approval for Rentals Unlimited.The property is located along the east side of the Sharpsburg Pike.The property is 4.78 acres and is zoned HI-1. The developer is proposing to construct a 50'x 100'building for use in existing equipment rental business. Public water and sewer serve the property.The existing access onto Sharpsburg Pike will continue to be used with no additional access.The existing dumpster will be used.The hours of operation are Monday through Saturday,7:30 a.m.to 5:30 p.m.The number of employees is 8.Ten parking spaces are required and 13 spaces are provided.There will be one freight delivery per day.There is a six-foot chain link fence around the property.An existing storm water management pond in the southeast corner of the property will address storm water management.No additional signage and landscaping are proposed.Lighting will be building mounted. The owner would like to meet the Forest Conservation requirement by payment in lieu of in the amount of $8,799.12.All agency approvals have been received with the exception of the Department of Water Quality. Mr.Clopper made a motion to grant site plan and preliminary/final plat approval contingent upon approval from the Department of Water Quality.Seconded by George Anikis.Unanimously approved. Mr.Kercheval made a motion to grant approvai for payment in lieu of in the amount of $8,799.12 to meet the Forest Conservation requirement.Seconded by Mr.Clopper.Unanimously approved. Westfields Elementary School Site Ms.Pietro presented a preliminary/final plat and site plan for the Westfields Elementary School for review and approval.The site is located within the Westfields Subdivision that is on the west side of Sharpsburg Pike.The pmperty is 15.4 acres and is zoned Agriculture.Access to the site will be off of Campbell Town Drive,Dunbar Drive and Alloway Drive.Public water and sewer will serve the site.The Board of Zoning Appeals granted a variance on March 2,2005 to change the 150-foot front yard setback to a 50-foot front yard setback.The Forest Conservation requirement for this acreage will be met during future phases of the residential development of Westfields.A site plan for the proposed school site will be required prior to school site construction.Agency approvals have not been received from the Health Department,the Engineering Department,the Department of Water Quality and the Washington County Soil Conservation District.Ms.Pietro presented comments from Mr. Rod Turnball,Washington County Public Schools,stating that the Board of Education has checked the site and has begun the approval process with the State Interagency Committee.The Board is in support of the plat approval of this site for the school.Mr.Thompson stated that the developer and the School Board have been working together to prepare a '100tprint"for the school.The applicant has granted approval for the School Board to begin soil borings on the site.They are proposing to have the property conveyed to the County by June 1,2005. Mr.Moser made a motion to grant preliminary/final plat approval contingent on approval from all outstanding agencies.Seconded by Mr.Reiber.Unanimously approved. MEC,Inc. Ms.Pietro presented for review and approval the site plan and preliminary/final plat for MEC,Inc.The property is located along the south side of McRand Court.The site is 5.2 acres and is zoned IG -Industrial General.A preliminary consultation was held on February 3,2005 and presented to the Planning Commission in March 2005.The developer is proposing to construct an electrical contracting business and warehouse.The owner is proposing to combine Lots 3 and 4 to make one large lot.Lighting will be building mounted and pole mounted throughout the parking area.The pole-mounted lights will be shielded to direct light away from the adjacent residences and will be 50 feet away from the property lines.There will be sidewalks along the front of the building.An enclosed dumpster will be placed on the site.Hours of operation will be Monday through Friday 6:00 a.m.to 4:00 p.m.with some flex time on Saturday.There will be a total of 50 employees with 7 office workers.Deliveries will be two per week.Parking required is 56 spaces and 62 spaces are provided Public water and sewer service is provided by the City of Hagerstown.A sign will be located close to the entrance at MeR and Court.A storm water management pond with bio-retention areas and a storm water management pond in the area next to West Washington Street will provide storm water management.Landscaping will be provided using Japanese Maples,Leyland Cypress,Red Oak,Juniper,Japanese Cherry,Holly and Ewes.The Forest Conservation requirement will be met by payment in lieu of in the amount of $3,441.24.All agency approvals have been received with the exception of the Health Department. Discussion:Mr.Kercheval noted that the screening as proposed on the plan would be brick or wooden fencing.He stated that the Planning Commission,to be consistent,recommends white vinyl fencing rather than wooden fencing. Mr.Moser made a motion to grant approval for the site plan and preliminary/final plat and payment in lieu of in the amount of $3,441.24 contingent upon approval from the Health Department and the developer using brick or white vinyl fencing to screen the dumpster area.Seconded by Mr.Reiber.Unanimously approved. Julie Robbins Kennels Ms.Wagner-Grillo presented a site plan for Julie Robbins Kennels for review and approval.The property is located on the south side of Bottenfield Road in Hancock.The site is 6.6 acres and is zoned Conservation.The Board of Zoning Appeals has granted a special exception to establish a commercial kennel with two outside 97 runways.The owner is proposing 10 kennels with 2,500 square foot runway area.Hours of operation will be Monday through Friday from 8:00 a.m.to 7:00 p.m.The number of employees will be 1.Parking required is 3 spaces,one space per employee and one space per every 5 kennels.Parking provided is 3 spaces.No signage is proposed.There is currentiy one exterior pole light with no additional lighting proposed.The Board of Zoning Appeals granted the special exception use contingent on proper screening.The owner is proposing to screen the kennel area by planting 17 white pine trees.This site is exempt from the Forest Conservation and storm water management requirements.All agency approvals have been received. Mr.Moser made a motion to grant site plan approval.Seconded by Mr.Clopper.Unanimousiyapproved. Allegany Contracting,Inc. Ms.Wagner-Grillo presented a site plan for Allegany Contracting,Inc.for review and approval.The property is located on the west side of Route 11 (Pennsylvania Avenue)between Showalter Road and Airview Road.The site is 1.56 acres and is zoned Agriculture.The developer is proposing to renovate the existing 1,500 square foot building to be used as an office,construct a 1,600 square foot maintenance building,and a 9,500 square foot contractor's storage yard for an excavating business.The Board of Zoning Appeals granted a special exception to establish an excavating business with an office in an existing stucco building,a contractor's equipment storage yard and a maintenance building.Variances were granted for the following:a minimum lot area requiring 3 acres to a 1.56 acre lot;lot width from the reqUired 300 feet to 220 feet;and the reqUired setback of 400 feet from property lines to a 142 foot front yard,50 foot right side yard,a 10 foot left side yard, and a 50 foot rear yard setback.The hours of operation will be Monday through Friday 6:30 a.m.to 4:00 p.m. There will be 7 employees.The parking required is 8 spaces and parking provided will be 8 regular spaces and 1 handicapped space.Solid waste removal will be trashcans and a private hauler,no dumpster is proposed at this time.All deliveries will be to the job sites.A storm water management pond will provide storm water management.The Forest Conservation requirement will be met by payment in lieu of since all eligibility criteria for using an express procedure applies.All agency approvals have been received. Discussion:Mr.Moser asked about screening for the adjacent and adjoining residential properties.Mr.Gerald Cump,Cump-Triad Engineering,stated that the Board of Zoning Appeals recommended that the developer maintains the existing trees for screening and is shown on the site plan.Mr.Moser recommended providing adliitional screening by continuing the existing tree iine to the road. Mr.Clopper made a motion to grant site plan approval contingent upon the developer providing additional screening as discussed.Seconded by Mr.Reiber.Unanimously approved. Airport Layout Plan Mr.Thompson began by introducing Mr.Greg Larsen and Ms.Carolyn Motz .from the Hagerstown Regional Aiport and Mr.Mahesh Kukata,consultant.Mr.Thompson explained that there are proposed expansions and modifications of existing structures,which will require site plan approvals.However,he feels if the Planning Commission is aware of the proposed overall plans at the Airport and if buildings are shown in the same general location on the site plans,then approval could be accomplished at the Staff level without each site plan being reviewed by the Planning Commission.Any new structures not shown on the current Airport Layout Plan would require review and approval from the Planning Commission.The FAA would review and approve any plans prior to the site plan being submitted to the Planning Commission.Mr.Thompson also stated that most structures are built by companies that retain ownership for 25 years and then ownership of the structure is turned over to the County.Mr.Thompson recommended that an update of activities at the Airport should be presented to the Planning Commission on a periodic basis. Mr.Kukata presented the Airport Layout Plan,which is a planning document that the FAA approved in 2000. This layout plan shows a three stage deveiopment:Stage 1 is from 2000 to 2005;Stage 2 is from 2006 to 2010; and Stage 3 is the last ten years.Stage 1 is the extension of the runways and the relocation of U.S.Route 11. The cost for stage 1 is approximately $65 million that was approved by the FAA and the Board of County Commissioners and is scheduled to be completed in 2007.Corporate growth is proposed during stages 2 and 3. Mr.Larsen stated that the Airport Layout Plan process is an on-going,mandatory process required in order to receive 95%Federal funding.There is flexibility within the Airport Layout Plan process to deal with the changing dynamics in aviation,aerospace and the industry as a whole.All structures proposed on the ALP are for aerospace purposes. Ms.Motz stated that once a grant is completed with the Federal Aviation Administration,there are grant assurances that the Airport is required to follow for the next 20 years. After some discussion,Mr.Thompson suggested updating the Policies and RegUlations of the Planning Commission and add policy #22 to address staff approval of site plans for the Airport.Items that will be included in the policy will be Planning Commission notification of any items approved by Staff and the requirement of an annual or bi-annual update of the ALP to the Planning Commission.Mr.Ardinger recommended that Mr. Thompson present a draft of policy #22 for the Planning Commission's review and approval at the May 9,2005 meeting. -FOREST CONSERVATION R.Lee Downey Mr.Thompson presented a request from Mr.Downey to donate approximateiy 1.04 acres to the Washington County Parks Department and to make a payment in lieu of for the forest area that is lost due to this conveyance.This piece of land adjoins the Tammany Heights North subdivision in Williamsport being developed by Mr.Downey and was established to meet the Forest Conservation requirement.However,the Parks Department would like to obtain this land without any encumbrances or restrictions. 98 Discussion:Mr.Downey stated that payment in lieu of would be in the amount of $3,920.40.He also stated that the County approached him in 2003 to purchase 2.5 acres of land to be used as a park.However,in September of 2004,the County was unable to purchase the property due to a reduction in Open Space funding. Proposed access is through existing County lands. Mr.Kercheval stated that as the population in Washington County increases,the County is required to have more open space or parkland available.There are currently no definite plans for this area.He also stated that access is available from Tammany Road. Mr.Anikis asked how much usable parkland would remain after the expansion of the storm water management pond?Also,would fencing be required around the proposed bio-retention area? Mr.Downey stated that based on the engineer's calculations,storm water management will be expanded to the right of the pond and the proposed bio-retention area will be in the other area.The County will own the storm water management pond. Mr.Clopper made a motion to approve the payment in iieu of contingent upon a successful donation of the 1.04 acres.Seconded by Mr.Anikis.Unanimously approved. UPCOMING MEETINGS 1.Regular Planning Commission meeting Monday,May 9,2005 at 7:00 p.m. Discussion before adjournment:Mr.Moser recommended a workshop with Greg Murray,Washington County Department of Water Quality,and Dave Shindle,City of Hagerstown Water &Sewer Department,to discuss the future taps for water and sewer,and in particular,what densities we allow in our Growth Area and its impact on those taps.Mr.Kercheval asked Mr.Thompson to request a copy of the overall limitation on taps and calculations of EDU's available from the Department of Water Quality.Mr.Thompson stated that he would be in contact with Mr.Murray to obtain the requested information and to schedule a meeting that will be suitable for all parties involved. ADJOURNMENT Mr.Moser made a motion to adjourn the meeting at 9:15 p.m.Seconde~,by Mr.Clopper.So ordered. 99 WASHINGTON COUNTY PLANNING COMMISSION RE;GULAR ME;E;TING -MAY 9,2005 The Washington County Pianning Commission held its regular meeting on Monday,May 2,2005,in the Washington County Administrative Annex,80 West Baltimore Street,Hagerstown. Members present were:Chairman Don Ardinger,Vice-Chairman R.Ben Clopper,Linda Parrish,Bernard Moser,George Anlkis,Terry Reiber,and Ex-Officio James F.Kercheval.Staff members present were: Pianning Director Michael C.Thompson,Chief Senior Planner Stephen T.Goodrich,and Senior Planner Timothy A.Lung. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 7:00 p.m. Mr.Thompson stated that the first item under Other Business,Edna Pike,has been withdrawn and removed from the Agenda.He also stated that the review of proposed Policy #22 of the Policies and Regulations is an addition to the Agenda. MINUTES Mr.Clopper made a motion to approve the regular minutes of April 4,2005,as amended.Seconded by Mr. Moser.Unanimously approved. OLD BUSINESS Mr.Kercheval made a motion to approve the workshop minutes of February 21,2005 as presented.Seconded by Mr.Clopper.Unanimously approved. NEW BUSINESS -SITE PLANS Hampton Inn Mr.Lung presented for review and approval a site plan for an addition to the Hampton Inn.The property is located at the Maugans Avenue interchange with Interstate 81 in the northeast quadrant,west of Peak Circle. The property is 3.52 acres and is zoned Highway Interchange 1.The owner is proposing a three story,41 room addition to the north end of the building.The addition would require the relocation of the access road and parking lot to accommodate for additional parking.Total parking required is 121 spaces and 130 spaces are provided.Additional landscaping will be provided around the corner of the access to eliminate any glare onto the 1-81 ramp.The pole mounted lights are being relocated with additional down-directed lights being added. The building mounted lights are a wallwash type design that highlights the architecture of the building.The APFO developer's agreement has been executed for 17 additional peak hour trips along the Maugans Avenue corridor.The total amount of payment will be $102,000,to be paid in two payments of $51,000 with the first payment due in 6 months and the second payment due within 12 months.The site is served by public water and sewer.The City of Hagerstown Water Department has indicated that water service is available.The site is located within the joint services sewer area (the County owns the iines and sewage is treated at the Hagerstown plant).Based on the new policy for allocation,the Board of County Commissioners must approve the additional allocation for this commercial development.The Washington County Department of Water Quality and the City of Hagerstown Water Department have given their approval contingent upon the Board of County Commissioners granting the allocation for the additionai taps.The Washington County Engineering Department has approved the existing regional storm water management facility to handle the runoff from the additional expansion. Comment:Mr.Kerchevai requested that sewer allocation equivalent daily units be noted on future site plans. Mr.Anikis made a motion to approve the site plan contingent upon all agency approvals.Seconded by Mr. Reiber.Unanimously approved. Myers Limited Partnership,Lot 1 Mr.Lung presented for review and approval a site plan for Lot 1,Myers Limited Partnership.The property is located on the south side of Partnership Court off of Industry Lane.The site is 1.2 acres and is zoned Planned Industrial.The developer is proposing to construct an 80'x 150'warehouse building with a parking iot and loading area with a new entrance on Partnership Court and a 16 unit mini-warehouse strip.Each mini- warehouse will be 40'x 12 Wand will be accessible 24 hours per day,7 days per week for customers renting each unit.There will be no empioyees at the mini-warehouses.The warehouse building is proposing to have a maximum of 10 employees and hours of operation will be Monday through Friday from 7:00 a.m.to 5:00.No outside storage of materials is proposed.Landscaping meets all criteria required in a Planned Industrial zoning district.Public water from the City of Hagerstown and public sewer from the Department of Water Quality will serve this site.There is an existing storm water management facility on the site that the Washington County Engineering Department has approved.Forest Conservation was addressed when the subdivision plat was approved.All agency approvals have been received. 100 Mr.Clopper made a motion to approve the site plan.Seconded by Mr.Reiber.Unanimously approved. Sheetz Mr.Goodrich presented for review and approval a site plan for Sheetz.The property is located in the southeast quadrant of the intersection of Pennsylvania Avenue, Maugans Avenue and Longmeadow Road.The site is 2.3 acres and is a combination of two parcels,Lot 2 and a portion of a 7 acre lot which extends east along Longmeadow Road.The property is zoned Planned Business.The developer is proposing a new Sheetz store of approximately 5,484 square feet in size,gas islands with canopies,and a 794 square foot car wash.The site is served by three access points -a new entrance proposed on Pennsylvania Avenue and an existing entrance and a new proposed entrance on Longmeadow Road.Parking required for the store is 21 spaces and 2 spaces for the carwash.Parking provided is 40 spaces.two freestanding signs (not to exceed 300 square feet each) are proposed and there will also be 322 square feet of building mounted signage over the doors and on the gas pump canopies.The entire development straddles two parcels of land;however,it will be operated as one unit.The Planning Department had some concern since one of the parcels could be sold separately and would have an effect on the site design requirements for one or both parcels.The developer provided written assurance of its intent to maintain the operation as one unit.The Planned Business zoning classification requires a 50 foot setback from all property lines.Sheetz has applied for a variance from the Board of Zoning Appeals for a 10 foot rear yard setback.There is an easement on the existing driveway that must be kept open. Landscaping will include shrubbery along the front of the site,shrubbery in the island,shrubbery to screen lights from on-coming traffic and the dumpster area,and landscaping around the signs on Pennsylvania Avenue and Longmeadow Road.Sheetz has provided a photometric plan to assist in reviewing lighting issues.Staff has recommended sidewalks across the entire frontage of the property and the developer has agreed to install them. During the approval of Lots 1 and 2,a forest retention area was set aside at the point where Longmeadow Road and old Longmeadow Road come together at North Pointe.At a later date,the developer requested and was granted by the Planning Commission,a request to remove the existing retention area and place it off-site.Mr. Goodrich noted that since development is occurring now on a portion of the property,should the forest retention area be replaced now or when it is disturbed in the future?Mr.Goodrich stated that the sewer allocation for the store has been approved;however,allocation for the car wash cannot be considered for approval until July 12, 2005.All other agency approvals have been received.Mr.Goodrich noted that the Engineering Department is currently designing a proposed road reconstruction plan for the intersection at Maugans Avenue,Pennsylvania Avenue and Longmeadow Road that will require a right-of-way from the Sheetz property.Mr.Kercheval recommended coordination of the road reconstruction and the Sheetz construction,if possible.He is concerned there will be a bottle-neck problem during peak hours with the additional access point on Pennsylvania Avenue and traffic turning onto Longmeadow Road. The developer expressed their desire to move forward with the proposed Sheetz store knowing that additional right-of-way will be needed by the County for the proposed road reconstruction at the intersection of Maugans Avenue,Pennsylvania Avenue and Longmeadow Road.Representatives from Davis,Renn &Associates, engineers,stated that the right-of-way lines for the proposed road reconstruction are shown on the development plans as requested by the County Engineer.Mr.Kercheval asked "Is there any reason that the owner of the property will not convey that right-of-way now?".Mr.Davis of Davis,Renn &Associates,answered "No!" Mr.Anikis made a motion to approve the site plan contingent upon the Board of Zoning Appeals approval for the rear yard setback variance,contingent upon approval by the Planning Staff for the sidewaik location,contingent upon the Board of County Commissioners granting sewer allocation for the carwash,contingent upon the Washington County Engineering Department reviewing internal traffic controis and to encourage the coordination of road reconstruction with the Sheetz development.Seconded by Mr.Reiber.Mr.Kercheval stated that he is voting only on the approval of the site plan and is reserving his right to vote separately as a Commissioner on the sewer allocation for the carwash.Unanimously approved. Mr.Anikis made a motion that the existing forest retention area be replaced when the area is disturbed. Seconded by Mr.Kercheval.The motion passed with Mr.Anikis,Mr.Reiber,Ms.Parrish,and Mr.Kercheval voting "aye"and Mr.Moser and Mr.Clopper voting "nay". -OTHER BUSINESS Demolition Permit #2005-02780.21101 Twin Springs Drive Mr.Goodrich presented for review and recommendation a demolition permit for the property at 21101 Twin Springs Drive,Chewsville.The property is identified in the County's Historic Sites Inventory as site #WA-I-095. The demoiition permit application was reviewed by the Historic District Commission on April 6,2005.The HOC was opposed to the proposed demolition because the structure is reported to be among the oldest in the village of Chewsville dating to the early 19'h century and its retention would help to retain the rural character of the village.No evidence to dispute the information contained in the inventory form and no verification of reported structural damage was presented.Ms.Merry Stinson,a member of the HOC and an architectural historian, inspected the structure within a week of the HOC's decision.Her inspection confirmed and expanded the information in the inventory.Ms.Stinson reported that the east side of the structure is log construction,circa 1810;the west side is timber frame,circa 1830;and the rear addition dates from the late 19'h century,circa 1870-1890.She said the interior is intact and is a good representation of the architectural style and construction of the period. Discussion:Mr.Anikis asked the contract purchaser,Mr.Sandy,if he has investigated the cost to restore the structure and tax credits for restoration.Mr.Sandy stated that the structure is not salvageable due to termite 101 damage and the.deteriorating foundation.He is proposing to construct a house that would be conducive to the historical characteristics of the neighborhood. Mr.Anikis made a motion to recommend denial of the demolition permit.Seconded by Mr.Clopper.The motion passed with Mr.Anikis,Mr.Clopper,Ms.Parrish,and Mr.Moser voting "Aye"and Mr.Reiber and Mr.Kercheval voting "Nay". Comment:Mr.Anikis requested that if the structure is demolished,that the Historic District Commission be permitted to make a photographic record to document this historic structure.Mr.Clopper also requested that any usable logs be donated to the Rural Area Museum.Mr.Sandy agreed to both requests. Powers/Smithsburg Development Company Cluster Concept Mr.Lung presented for review and approval a proposed cluster development concept for Powers Estates Subdivision.The property is located north of US Route 40 and west of Maryland Route 63.The site is 82 acres,is zoned Agriculture,and is inside the Urban Growth Area.The developer is proposing 118 lots utilizing approximateiy half of the property with the remaining lands set aside as open space to be maintained by a homeowner's association.This site will be served by public water and sewer.The lots are based on the Residential Suburban zoning standard which requires a minimum 10,000 square foot lot size,70 foot lot width, 25 foot front yard setback,8 foot side yard setback and a 40 foot rear yard setback.An interior walking path that connects the residential lots to the open space area is proposed.The Staff is recommending the installation of sidewalks;however,the open section street design would create a problem.Therefore,Staff is recommending a closed section street design with a rolled curb as recommended by the Engineering Department.Two accesses onto Maryland Route 63 are proposed.Mr.Lung aiso mentioned that the Camp Pian designates this area as "industrial Flex"and that the developer should request a change to this designation as part of the upcoming comprehensive rezoning of the south area. Comments:Mr.Kercheval stated that currently 800 to 900 homes have been approved for the Maugansvilie/Conococheague school district.These homes do not have to go through the APFO process for each phase approved and,therefore,may tie up all of the available allocation for schoois.The proposed excise tax will provide money to buiid new schools;however,until those schools are constructed there may be issues regarding approvals for new development. Mr.Clopper made a motion to approve the use of the clustering provisions of the Zoning Ordinance based on the plan presented and contingent upon including sidewalks and closed section streets with a rolled curb. Seconded by Mr.Moser.Unanimously approved. Comprehensive Plan Amendment to the Urban Growth Area ICP-05-0021 Mr.Goodrich presented for review and recommendation an amendment for the Urban Growth Area of the Washington County Comprehensive Plan.The property is owned by Shank Farms,Inc.and is located along the southeast side of Leitersburg Road (Maryland Route 60).The property is currently zoned Agriculture.The Staff recommends denial of the change based on the inability to provide or improve growth supporting infrastructure. Currently,no public sewer service is available to this site for urban densities.In the future,the site would be subject to all conditions imposed by the City of Hagerstown,including the current capacity limitations. Comments:Mr.Clopper noted that this property and the surrounding properties are rural areas.InclUding this property in the Urban Growth Area would create a "bubble"within the rural area. Mr.Moser noted there are environmental and public service issues (I.e.water,sewer,schools)that need to be addressed prior to expansion of the Growth Areas in the County.He also noted that there is a piece of property that lies between the City of Hagerstown and the Shank Farm that is zoned Industrial Mineral. Ms.Parrish stated that special attention needs to be given to any development proposed around Industrial Mineral zoning areas. Mr.Reiber made a motion to recommend denial to the Board of County Commission of the amendment to the Urban Growth Area of the Washington County Comprehensive Plan.Mr.Anikis recommended amending the motion citing the following reasons for the denial of the request:the lack of infrastructure in the area,individual properties should be included in an overall review of the Urban Growth Area,the lack of utilities in the area,the overcrowding of schools in the area,and the request is not logical,appropriate or consistent with the Comprehensive Plan.Mr.Reiber agreed to amend the motion.Seconded by Mr.Moser.Mr.Kercheval and Mr.Ardinger abstained.Unanimously approved. Subdivision Ordinance Text Amendment ISO-05-001 I Mr.Thompson presented for review the Subdivision Ordinance Text Amendment for Article IV,Section 405 Street Layout and Design (5.Cul-de-sacs).Mr.Moser made a motion to recommend approval to the Board of County Commissioners for the Text Amendment of Article IV,Section 405 -Street Layout and Design. Seconded by Mr.Reiber.Mr.Kercheval and Mr.Ardinger abstained.Unanimously approved. Review of the Adequate Public Facilities Ordinance Mr.Thompson presented a review of the Adequate Public Facilities Ordinance for the period July 1,2004 to January 1,2005.This Ordinance relates to roads,sewage disposal systems,water supply and distribution systems,schools and interim fire protection systems meeting established minimum standards.The County grew during this period at a rate of approximately 2%,which is significantly higher than anticipated in the 2002 Comprehensive Pian.Schools have grown at a rate of over 2.5%resulting in over 400 new students in the system.A total of 384 permits for new dwelling units were approved in the County.The APFO applies only to unincorporated areas of the County.In May 2004,Article V,Schools of the APFO was amended to provide for 102 the imposition of a school fee for developments where schools exceeded 85%of capacity.The fee was set at $7,355.00.In December of 2004,the fee was revised after reviewing the new costs of construction numbers provided by the State of Maryland to $8,500.00.The APFO school fees are to be paid at the time the lots are recorded,unless there is an APFO agreement,or at the time of the filing for a building permit for subdivisions of five lots or less.Staff has been instructed by the Board of County Commissioners to review Article 5 in conjunction with the excise tax legislation to recommend changes or revisions that may be necessary.The Public Works Department is also reViewing the overall road section for any changes or revisions necessary to address their concerns. Mr.Anikis made a motion to recommend to the Board of County Commissioners that there is a continuing need for the Adequate Public Facilities Ordinance and that the APFO should be reviewed again in six months. Seconded by Mr.Reiber.Unanimously approved. Planning Commission Policies and Resolutions -Policy #22:Airport Site Plans Mr.Thompson presented for review and approval Polley #22 -Airport Site Plans.Mr.Clopper made a motion to approve Policy #22 as presented.Seconded by Mr.Anikis.Unanimously approved . •UPCOMING MEETINGS Regular Planning Commission meeting,Monday,June 6,2005 at 7:00 p.m.at the Washington County Administrative Annex,80 West Baltimore Street Joint Rezoning Hearing,Monday,June 13,2005 at 7:00 p.m.at the Washington County Court House,Court Room #1,95 West Washington Street Comment:Mr.Ardinger would like the Planning Staff to present a list of topics to be addressed and to schedule a Workshop meeting in the near future. 103 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -JUNE 6.2005 The Washington County Planning Commission held its regular meeting on Monday,June 6.2005.in the Washington County Administrative Annex.80 West Baltimore Street.Hagerstown. Members present were:Chairman Don Ardinger.Linda Parrish.Bernard Moser.George Anikis.Terry Reiber,and Ex-Officio James F.Kercheval.Staff members present were:Planning Director Michael C. Thompson.Chief Senior Planner Stephen T.Goodrich.Senior Planners Timothy A.Lung and Lisa Kelly Pietro.Associate Planners Jill Baker and Misty Wagner-Grillo.and Administrative Assistant Debra Eckard.Ben Clopper was absent. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 6:05 p.m.(The meeting began 1 hour early due to the numerous amount of items on the Agenda.) MINUTES Mr.Moser made a motion to approve the minutes of the May 2.2005 meeting as presented.Seconded by Mr.Anikis.Unanimously approved. Mr.Anikis made a motion to approve the minutes of the May 9.2005 meeting,as amended.Seconded by Mr.Reiber.Unanimously approved. NEW BUSINESS . -VARIANCES Department of Water Quality (SV-OS-013) Mr.Lung presented a variance request from Section 40S.11 (b)of the Subdivision Ordinance that requires all new subdivision lots to have public road frontage.The site is owned by the Board of County Commissioners and is located in the 70/81 Industrial Park.The County owns approximately 28 acres in the 70/81 Industrial Park.which contains the Department of Water Quality administration building.the Conococheague Waste Water Treatment plant.maintenance buildings.storage buildings and the County's Industrial Waste Water Treatment facility.The property is zoned IG -Industrial General.Roger Schlossberg.attorney representing Spirit Services.purchaser.has leased and operated the County's Industrial Waste Water Treatment facility for more than five years.The County is currently working with the operator on a long-term lease (99 years)with an option to purchase.Due to the "option to purchase". a lot must be created at this time even though it is not being bought or conveyed at this time.The lot would contain the pre-treatment facility and four acres around it.Mr.Lung stated that the lot could contain the pre-treatment facility and four acres around it.An easement over the existing loop road will provide access to the lot. Mr.Moser made a motion to grant approval for the creation of a lot without public road frontage. Seconded by Mr.Reiber.Unanimously approved. Howard F.Payne (SV-OS-016) Ms.Baker presented for review and approval a variance by Howard F.Payne for the expansion of Quiet Meadows subdivision located on the east side of Maryland Route 67.Rohrersville Road.The property is 57.67 acres and is zoned Conservation.This property is part of the Daugherty two-lot subdivision.which was approved in December 2004.Access to the property is from Stone Row Lane.The current deveioper is requesting further subdivision of Lot 2 into four additional lots.The subdivision does comply with the current moratorium ordinance.H.F.Payne is requesting a variance for two additional panhandie lots.This deveiopment will be an extension of Quiet Meadows subdivision.which currently has three. panhandle lots;therefore.the total number of panhandles for this subdivision will be five.The proposed subdivision is located in the Pleasant Valley.Boonsboro Middle and Boonsboro High school districts. Pleasant Valley school is currently over capacity.Currently.this subdivision would be subject to the $8.500 per lot APFO school fee;however.if the new excise tax is adopted on July 1.2005.the new fees would apply. Mr.Moser made a motion to approve the variance for five panhandles contingent on paving Stone Row Lane.Seconded by Mr.Anikis.The motion passed with Mr.Moser.Mr.Anikis.Mr.Reiber and Ms. Parrish voting "Aye".Mr.Kercheval voted "nay". Sabrina Ramroop Ms.Wagner-Grillo presented for review and approval a request from Sabrina Ramroop to waive the 10- year resale restriction for Lot 4.Patsy Palmer located on Broadfording Road.The site is a 10.43 acre lot created without public road frontage created in 2001 with the stipulation that the lot wouid not be sold to anyone outside of the family for 10 years.Ms.Ramroop stated In a letter to the Planning Commission that she and her family are planning to move to Florida due to financial reasons and wishes to sell this lot 104 to a member outside of the famiiy.While there does appear to be a hardship,it does not qualify for a waiver to be granted by the Planning Director.There is also a five-year forest conservation resale restriction on the property.Ms.Ramroop will not sell the property before the five year forest conservation restriction has lapsed (June 5,2006). Mr.Anikis made a motion to grant approval to waive the 10-year resale restriction for Lot 4,Patsy Palmer, contingent that no further subdivision of this lot will be allowed.Seconded by Mr.Kercheval.The motion was denied with Mr.Moser,Mr.Reiber and Ms.Parrish voting "nay".Mr.Kercheval and Mr.Anikis voting "aye". Kenneth Johnson (SV-OS-012) Ms.Wagner-Grillo presented for review and approval a request for a stand alone simplified parcel.Ms. Helen Pittman owns 192 acres of land,zoned Conservation.She would like to sell 40 acres to Kenneth Johnson,which would create a stand alone simplified parcel,not for development.The property would be used for recreation (hunting and fishing)and agriculture purposes only.Ms.Pittman wishes to sell this property due to financial hardship. Mr.Moser made a motion to approve the variance for the stand alone simplified parcel as presented. Seconded by Mr.Reiber.Motion passed with Mr.Moser,Mr.Reiber,Ms.Parrish and Mr.Anikis voting "aye".Mr.Kercheval voted "nay". Thomas and Wendy Creswell (SV-OS·014) Ms.Wagner-Grillo presented for review and approval and variance request for Thomas Creswell,located along the north side of Route 40.The property is zoned Conservation.The Creswell's would like to subdivide an additional 10 acre lot,which is proposed Lot 5,to help fund their spring water business.In order to create Lot 5,three variances need to be granted by the Pianning Commission.The variances being requested are:1)panhandle iength greater than 400 feet;proposed panhandle of 865 feet to Lot .5;2)the additional panhandle would create four adjoining panhandles;and 3)the additional panhandle lot would create stacking of lots of more than 2 tiers.The Planning Commission denied a similar variance request on March 7,2005.The State Highway Administration has reviewed this plan and has no objection to approval as long as new access points are not created.The Department of Emergency Services stated that anytime three or more lots are served from a driveway (private lane),the private lane must be named for 911 service purposes.The Creswells have agreed to name the lane.Also,a residence that is served from a long lane,is at a higher level of risk for fire and medical services. Mr.Anikis made a motion to deny the proposed variances due to the length of the panhandle being created,the creation of stacking lots and the steep slopes on the site.Seconded by Mr.Moser Unanimously approved . •SUBDIVISIONS Rosewood Village,Phase III (PSP-04-002) Mr.Lung presented for review and approval a site plan and preliminary subdivision plat for Rosewood Village,Phase III,located along the west side of Robinwood Drive.In 1995,the site was granted a PUD zoning overlay and the final development pian for the overall PUD design was approved in 1999.The total PUD contains 79 acres with a total of 520 residential units and 7.9 acres of commercial office area. A setback modification on one townhouse lot and a change from the development plan for the type of units on Pennington Court from townhouse rental units to condominium townhouses is also requested. Phase III consists of three acres of commercial area to complete the Capital shopping area,96 three story townhouse units on JFK Drive and 20 townhouse style handicapped accessible condominium units. The plan also includes apprOXimately 2 acres of Forest Conservation to complete the Forest Conservation requirements for the overall pian.There are 74 parking spaces required and 142 spaces provided for the commercial area parking.Down-directed pole mounted lighting will be placed in the parking lot and building mounted lights will be placed on the rear of the buildings for security purposes. Landscaping will be provided in islands throughout the parking areas.Dumpsters and loading areas will be located in the rear of the bUildings.A sidewalk is proposed on Varsity Lane.Forty-four three-story townhouse units each on individual lots (approximately 6,000 square feet each)are proposed on both sides of John F.Kennedy Drive West.Each unit will have a driveway on JFK Drive.A setback modification from 25 feet to 20 feet is requested for Lot 214 (corner of JFK Drive and Varsity Lane).The required RV parking for this area of townhouse units is being addressed off-site in Phase II.Closed section streets are proposed with sidewalks on both sides of the street.There is a proposed access easement located along the rear of the lots and a four foot Vinyl fence would screen the adjoining RS zoned property.Landscaping will be provided for each townhouse unit (per the requirements of the Zoning Ordinance).Each lot will have a gas light provided along the road frontage.Fifty-two three-story townhouse units are proposed on John F.Kennedy Drive East.Phase III will also include 20 handicapped accessible single story condominium units located off of Huntington Court.Each unit will have its own driveway with parking provided for two cars.Public water and sewer from the City of Hagerstown will serve this site.A total of 25,205 gallons of water and sewage use per day is estimated for Phase III.The site plan includes the new standard City of Hagerstown Sewer Capacity Limitation Certificate which has been signed by the developer in accordance with the Interim Sewer Capacity Program which states that commitment of sewer service will be limited by the program which may affect the time and approval of any and all sewer permits for this development.The developer has also signed 105 a pre-annexation agreement with the City of Hagerstown,which has been approved by the Annexation Review Committee.This phase of the development will generate 23 elementary,12 middle school and 13 high school students.The development is located in the Eastern Elementary,E.Russell Hicks and South High school districts.Eastern Elementary and South High schools are currently over capacity. Based on the iast APFO recording period,Eastern Elementary has a capacity of 496 students with an enrollment of 572 students,E.Russell Hicks has a capacity of 792 students with an enrollment of 749 students,and South High has a capacity of 1,088 students with an enrollment of 1,153 students.At this point in time,the developer has moved as far as he can in terms of a Developer's Agreement to address APFO issues.If the Board of County Commissioners adopts the proposed excise tax,the tax would address the payment in regard to the school issues;however,a Developer's Agreement may still be required for specific road improvements.All agency approvals have been received. Mr.Anikis made a motion to approve the site plan and preliminary subdivision plat,grant the modification for the 20 foot setback on Lot 214,grant a change from rental townhouse units to condominium units,and to approve the forest conservation plan.All approvals are contingent upon satisfactory agreements regarding school and road improvement issues between the County Commissioners and the developer. Seconded by Mr.Reiber.Unanimously approved. Springhill Suites and Courtyard (PSP-OS-004) Mr.Lung presented for review and approval a site plan and preliminary subdivision plat for Springhill Suites and Courtyard located at the southeast quadrant of interstate 81 and Halfway Boulevard.The property is zoned HI1 -Highway Interchange 1.The developer is proposing a 104 room Springhill Suites on a 1.39 acre parcel and a 96 room Courtyard by Marriott on 1.84 acres.The Planning Commission previously approved a variance for a new lot without public road frontage.The proposed building height is 70 feet.There is 77%impervious area overail.Parking required is 202 spaces and 205 spaces are provided.Lighting will be pole mounted throughout the parking lot.There will be a screened dumpster area provided for both hotels.A 16'x 6'sign is proposed for the Courtyard hotel and building mounted signs are proposed for the Springhill Suites.Landscaping will be provided in parking lot islands and around the buildings.The Planning Commission previously approved payment in lieu of to address .Forest Conservation.Public water from the City of Hagerstown will serve the site.The Hagerstown Water Department has granted approved contingent upon revisions to the plans as per their comments. The Annexation Review Committee has approved the pre-annexation agreement.Public sewer will be provided by Washington County with treatment at the Conococheague plant.The Department of Water Quality has granted approval contingent upon revisions to the plans as per their comments.There is no objection from the State Highway Administration.The Washington County Engineering Department has approved the site plan contingent upon addressing APFO road fees.Based on current APFO standards, fees have been calcuiated;however,if the Board of County Commissioners adopts the excise tax,the fees may change.The Department of Emergency Services has approved all revisions addressing fire safety issues.The Planning Department has requested a more detailed plan regarding the proposed lighting and additional screening to address headlight glare on the 1-81 ramp. Mr.Reiber made a motion to grant site plan and preliminary plat approval contingent upon final approval from all agencies.Seconded by Mr.George Anikis.Unanimously approved. Sunset Meadows (PP-03-014) Ms.Baker presented for review and approvai a preliminary plat for Sunset Meadows,Section B,Phases B1 and B2.The property is located at the northeast corner of Maryland Route 57 and Hicksville Road. The site is approximately 116 acres and is zoned Agriculture.A preliminary consultation was held in September 2002.In June 2003,the Board of County Commissioners grandfathered 8 subdivisions, including Sunset Meadows,provided that preliminary plat approval was received by October 31,2003. Due to circumstances beyond the developer's control in dealing with the State Highway Administration and the Maryland Department of Environment,the Board of County Commissioners granted approval for Sunset Meadows to move forward.Sections B1 and B2 consist of approximately 49 Y2 acres.The developer is proposing 27 single-family lots to be served by on-site septic and private wells.Two new streets are proposed:Fennel Drive,which will connect Hicksville Road and loop over to Maryland Route 57 (St.Paul's Road),and Saffron Court.Two storm water management ponds are proposed.This development is within the Clear Spring Elementary,Middle and High school districts.Clear Spring Elementary is currently over capacity in accordance with Article 5 of the APFO.Final testing will be done at final plat stage and the development must comply with regUlations at that time.Forest Conservation will be addressed by on-site planting of floodplain areas and non-tidal wetland areas.The total planting area for this site is 8.81 acres.Approvals from the Washington County Engineering Department and Washington County Soil Conservation District are contingent upon revisions to the plans as requested. Comment:Mr.Moser noted that there is some controversy regarding the density of this subdivision in this particular area.He also stated that he is concerned with this project moving forward before all concerns of the SHA and MDE have been addressed. Mr.Anikis made a motion to grant preliminary plat approval contingent upon final approval of all agencies and to grant approval of the Forest Conservation on-site planting.Seconded by Mr.Moser.Mr.Reiber abstained.Unanimously approved. 106 -SITE PLANS South Pointe Ice Cream Parlor (SP-OS-023) Ms.Pietro presented for review and approval a site plan for the South Pointe Ice Cream Parlor.The site is located on the north side of East Oak Ridge Drive and is zoned RSPUD.The developer is proposing a 1400 square foot bUilding for an ice cream parlor and a laundromat.Access to the site will be off of Villa Ridge Drive and South Pointe Drive.Public water and sewer serve the site.There will be 3 employees for the ice cream parlor and 1 employee for the laundromat.The ice cream parlor will serve approximately 150 customers per day and the laundromat will serve approximately 50 to 75 customers per day.Parking required is 33 spaces and parking spaces proVided is 49 spaces.Total parking for the entire commercial site is 187 spaces.Freight and delivery service will be 3 per day.A proposed dumpster will handle solid waste disposal.Lighting will be pole mounted and building mounted.A sign will be building mounted.Landscaping will be a mixture of dogwood,burning bush and white pine trees. This site is exempt from Forest Conservation requirements since the PUD was approved prior to the adoption of the Ordinance in 1993.Approvals from the City of Hagerstown Sewer Department and the Department of Water Quality are outstanding.All other agency approvals have been received. Mr.Anikis made a motion to grant site plan approval contingent upon Hagerstown Sewer Department and the Department of Water Quality. Unanimously approved. Locust Place Professional Center (SP-05-024) approvals from the City of Seconded by Mr.Reiber. Ms.Pietro presented for review and approval a site plan for Locust Place Professional Center.The site is Located along the northwest side of Robinwood Drive adjacent to the proposed Varsity Lane and Rosewood Village.The property is zoned BT -Business Transition.The developer is proposing a two- story 20,000 square foot building for medical offices on two acres.Public water and sewer will serve the site.Access to the site will be via Robinwood Drive and Varsity Lane.The hours of operation will be 'Monday through Friday 8:00 a.m.to 5:00 p.m.and Saturday 8:00 a.m.to 12:00 p.m.A screened dumpster will be proVided on the site.Lighting will be building mounted.Parking required is 69 spaces and 71 spaces are provided.Freight and delivery services will be 1 to 2 vans per day and 300 to 400 customers per day are anticipated.Landscaping will include burning bush,ewes,white pines,Leyland cypress,juniper,maple,and holly.The owner is requesting to meet the Forest Conservation requirement by payment in lieu of in the amount of $1,306.80.Approvals from the City Water and Sewer Department and the Washington County Health Department are outstanding.All other agency approvals have been received. Comments:Mr.Anikis recommended additional screening between the parking lot for the professional center and the proposed townhouses on the adjacent property. Mr.Moser made a motion to approve the site plan contingent upon additional screening and approval of payment in lieu of in the amount of $1,306.80.Seconded by Mr.Anikis.Unanimously approved. C.R.Semler,Inc.(SP-OS-019) Ms.Wagner-Grillo presented for review and approval a site plan for C.R.Semler,Inc.The property is located on the west side of Maryland Route 66 (MapleVille Road)in Smithsburg.The site is 29.89 acres and is zoned Residential Rural.The owner is proposing to construct a 3,840 foot poie buiiding for equipment storage.Lighting will be building mounted.They are exempt from storm water management and forest conservation requirements.All agency approvals have been received. Mr.Moser made a motion to grant site plan approval.Seconded by Mr.Reiber.Unanimously approved. Right Choice Ministries (SP-OS-01S) Mr.Lung presented for review and approval a site plan for Right Choice Ministries located along the north side of Old Forge Road.The site is 131 acres and is zoned Agriculture.The owner is proposing to convert a 52'x 40'garage with a 24'x 36'addition to accommodate a church with a seating capacity of 137 people.The parking lot and 500 foot lane will be paved as per the requirements of the Zoning Ordinance.An on-site well and septic will serve the site.No storm water management is required due to the minimal amount of disturbed area.No forest conservation is required due to the small amount of area to be disturbed.All agency approvals have been received. Mr.Kercheval made a motion to grant site plan approval.Seconded by Mr.Moser.Unanimously approved. -PRELIMINARY CONSULTATIONS Rehoboth United Methodist Church (PC-OS-OOg) Mr.Lung presented for review and comment a preliminary consultation for Rehoboth United Methodist Church.The owner is proposing to construct a multi-use facility that will include a church,day care center,educational center,pavilion,amphitheater and a retirement community on 105.7 acres of property ,. 107 zoned Agriculture.The property is located at the southeast corner of Route 68 and Downsville Pike in Wiiiiamsport.The applicant is also seeking an amendment to the Water &Sewage Plan to aiiow for this development to be served with public sewer and possibly public water. Comments:Mr.Moser noted that the property is located outside of the growth area and currently no pUblic water or sewer is available to the site.Mr.Reiber also noted concern regarding the water issue since the owner is proposing a day care facility and retirement community. No action required. Freedom Hills (PC-OS-01O) Mr.Thompson presented for review and comment the preliminary consultation for Freedom Hills,Phases 2 and 3,located on the north side of Garden View Drive.The site is 63 acres and is zoned RR.The developer is proposing a change to the previously approved preliminary plan from 117 units to 161 units. At the current time,aii schools serving this development are over capacity in accordance with Article 5 of the APFO.Final testing wiii be done at final plat stage and the development must comply with regulations at that time.The Washington County Engineering Department has provided information to the developer regarding APFO road improvement fees with regard to the Maugans Avenue corridor. Comments:Mr.Kercheval expressed disapproval and concern regarding the additional 44 lots that are proposed for this development. No action required. Ariz Properly (PC-OS-011 ) Mr.Thompson presented for review the preliminary consultation for the Artz property located on the north and south side of Rench Road,west of Sharpsburg Pike.The developer is proposing 550 units on 218 acres that is zoned HI-2,RR and A.The Washington County Engineering Department is requesting a traffic impact study to be developed.The Engineering Department also expressed concern regarding the road location alignment with reference to the crossing of the railroad tracks and want to make sure the design can be accommodated to provide for a grade separated crossing,basicaiiy an overpass over the railroad tracks.Excise tax fee monies for aii developments between Downsville Pike and Sharpsburg Pike will help contribute to the cost of these proposed improvements.The Department of Water Quality wiii limit the number of units aiiowed per year due to the inadequacy of the pump station in this area.An annexation agreement with the City of Hagerstown will be required to obtain water to serve this development.This development is in the Funkstown Elementary,Emma K.Doub Elementary,E.Russell Hicks Middle and South High school districts.All schools exceed the current APFO capacities.The Board of Education has stated that a 12-acre school site is needed in the general area of this development for a new elementary school.At the current time,this development is subject to APFO fees and will be tested at final plat stage.The Halfway Volunteer Fire Company would serve this development.The State Highway Administration recommends a traffic study as part of the proposal. Mr.Weikert of Fox &Associates,Inc.,consultant for Toll Brothers,Inc.,developer,stated that the developer would like to move forward with the project.The developer is asking for approval to move forward with a clustering concept for this development in order to address some smaiier lots and lot width variances.The clustering concept will aiiow for a variety of housing units,including units with a rear loaded,aiiey served garage.The developer is proposing to meet the Forest Conservation requirement with the planting of trees along the front of the property on Rench Road. Comments:Mr.Kercheval noted concern regarding school capacity issues and the multiple entrances and exits onto Rench Road.He does not see how the County can approve this development until the school facility issues are addressed.He would also like to see the amenities that will be offered and the schedule for build out of these amenities. Aii members of the Commission noted their support of the developer's proposed Forest Conservation plan.The members also support the concept of rear loaded,aiiey served access to the lots,noting their concerns regarding adequate width,safety issues,snow removal and maintenance of the proposed aiieys. Mr.Reiber made a motion to approve the clustering concept.Seconded by Mr.Anikis.Unanimously approved. The Pines,Lots 12-32 (PC-OS-013) Mr.Thompson presented for review and comment the preliminary consultation for the expansion of The Pines,Lots 12-32 located along the west end of Jeswood Drive.The owner is proposing 21 single-family lots on 73 acres and is zoned Agriculture.The Washington County Engineering Department recommended a second access to U.S.Route 40 and expressed concern regarding the 2800-foot cul-de- sac.The State Highway Administration does not support a second access on U.S.Route 40.The Health Department is requesting that weiis be drilled prior to obtaining building permits.This development is in the Funkstown Elementary,Emma K.Doub Elementary,E.Russeii Hicks Middle and South Hagerstown High school districts.All schoois exceed the current APFO capacities.At the current time,this 108 development is subject to APFO fees and will be tested at final plat stage.Mr.Kroboth,Department of Emergency Services,has recommended that a dry well be placed on the property and that the cul-de-sac should be as close to 800 feet as possible. No action required. Hunter Hills (PC-05-012) Ms.Wagner-Grillo presented for review and comments the preliminary consultation for Hunter Hills located along Maryland Route 60 (Leitersburg Pike)and south of Longmeadow Road.The developer is proposing 32 single family lots on 25.28 acres and is zoned Residential Suburban.This development is In the Paramount Elementary,Northern Middle and North Hagerstown High school districts.Paramount Elementary is currently at 124%capacity.The Forest Conservation requirement will be met by on-site forest retention. No action required. J.Maurice Carlisle (PC-05-014) Ms.Wagner-Grillo presented for review and comments the preliminary consultation for J.Maurice Carlisle located along the west side of Stottlemyer Road.The developer is proposing 17 singie·famiiy residential lots on 86.83 acres and is zoned Agriculture.Plans for this deveiopment cannot be submitted until the Rural Rezoning has been adopted. Comments:Mr.Ardlnger recommended a second access point to address safety issues regarding fire and rescue apparatus. No action required. Mike and Kim Capone (PC-05-016) Ms.Wagner-Grillo presented for review and moratorium recommendation the preliminary consultation for Mike and Kim Capone located along the south side of Shaffer Road.The developer is proposing five single·family residential lots on 35.54 acres and is zoned Agriculture.This development meets all of the eligibility requirements for a moratorium exemption. Comments:Mr.Reiber noted his concern regarding the length of the cul-de-sac. Mr.Anikis made a motion to recommend approval of the moratorium exemption.Seconded by Ms. Parrish.Mr.Kercheval abstained.Unanimously approved. -OTHER BUSINESS Jon Henson -Moratorium Recommendation Mr.Thompson presented for review and moratorium recommendation a letter from Frederick,Seibert & Associates regarding an analysis of the number of lots available from the 24-acre parcel owned by Jon Henson.Mr.Henson would like to create two lots for family members.Under the current moratorium, only one additional lot is allowed. Mr.Anikis made a motion to recommend approval of the moratorium exemption.Seconded by Mr. Reiber.Mr.Kercheval abstained.Unanimously approved. Demolition Permit #2005-03008 -Freedom Hills Mr.Goodrich presented for review and recommendation Demolition Permit #2005-03008 for a barn located at 13722 Village Mill Drive,Maugansville,in the Freedom Hills subdivision.Mr.Goodrich stated that the Historic District Commission reviewed the demolition permit application at their regular meeting on June 1,2005.However,due to the Illness of several members of the HOC,a quorum was not present and a vote could not be taken.The three members in attendance provided individual recommendations that are for the Planning Commission's information.All three members believe the building is worn and well used,but not beyond repair,restoration and reuse.The members of the Commission are opposed to the demolition of the barn because the structure is part of an intact farm complex and has some representative features of important construction styles of Washington County.They restated their recommendation from a previous preliminary consultation that "all buildings be retained together as one compiex". Comments:Mr.Anikis noted that the barn is post and beam construction,has a good structural foundation and the roof is in good condition. Comments:Mr.Farhad Memarsadeghi of Admar Custom Homes,new owner/developer of the property, stated he has reviewed the history of the development that began in June 2000.The original concept plan that was submitted to the Planning Commission as well as the final approved forestation plan shows the proposed road going through the barn.The revised plans do not reflect any changes with regard to 109 the barn.Any required changes in the subdivision plan in regard to the barn at this point In time is not feasible and would cause a substantial loss for the developer.Mr.Memarsadeghi also stated that the house wiil be retained on a 30,000 square foot parcel and will be restored. Comment:Mr.Goodrich stated that on the original concept plan the proposed road was shown going through the barn and that the Historic District Commission,at that time,recommended that the barn be saved. Mr.Anlkis made a recommendation against the proposed demolition.Seconded by Ms.Parrish.The motion passed with Mr.Anikis,Ms.Parrish,and Mr.Moser voting "Aye".Mr.Reiber and Mr.Kercheval voted "Nay". Woodbridge A.R.C.Subdivision Mr.Lung presented for review and approval a request by Mr.Ben Shaool to remove the PUD overlay zoning on a five acre piece of property surrounded by the Woodbridge PUD off of Robinwood Drive.This property was not included in the Woodbridge PUD Development Plan and was formerly owned by A.R.C. Mr.Shaool is proposing to develop the property based on the underlying RS zoning district standards. The surrounding properties would be consistent with the proposed development. Mr.Moser made a motion to grant the removal of the PUD overlay zoning.Seconded by Mr.Reiber. Unanimously approved. -UPCOMING MEETINGS 1.Joint Rezoning Meeting,Monday,June 13,2005 at 7:00 p.m.,Washington County Court House,Court Room #1 '2.Regular Planning Commission meeting,Monday,July 11,2005 at 7:00 p.m.,Washington County Administrative Annex .ADJOURNMENT Mr.Anikis made a motion to adjourn the meeting at 10:35 p.m.Seconded by Ms.Parrish.So ordered. 110 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -JULY 11,2005 The Washington County Planning Commission held its regular meeting on Monday,July 11, 2005,in the Washington County Administrative Annex,80 West Baltimore Street,Hagerstown. Members present were:Chairman Don Ardinger,R.Ben Clopper,Linda Parrish,Bernard Moser, George Anikis,Terry Reiber,and Ex-Officio James F.Kercheval.Staff members present were: Planning Director Michael C.Thompson,Chief Senior Planner Stephen T.Goodrich,Senior Planner Timothy A.Lung,Associate Planner Jill Baker,Parks Planner Bill Stachoviak,and Administrative Assistant Debra Eckard. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 7:00 p.m. MINUTES Mr.Anikis made a motion to approve the minutes of the June 6,2005 meeting,as amended. Seconded by Mr.Reiber.Unanimously approved. NEW BUSINESS -VARIANCES Robert Cody (SV-OS-017) Mr.Lung presented for consideration a variance from Subdivision Ordinance Section 405.11.B.2 that requires all new building lots to have frontage and direct access to a pUblic road.This property is located along the north side of Clear Spring Road (Maryland 68)east of Pinesburg. The site is approXimately 54 acres and is zoned Agriculture.There have been three previous subdivisions on this property.Lot 1 was subdivided in 1980,Lot 2 was subdivided in 1984 and Parcel A including a house and was subdivided in 1985.Lots 1 and 2 have individual access onto Clear Spring Road and Parcel A includes the original farm lane over which Mr.Cody has a non-exclusive easement for ingress and egress to his property.Mr.Cody is proposing to subdivide three additional lots using the existing farm lane for access.Direct access would be difficult due to the steep slope at the front of the property aiong Clear Spring Road.Mr.Lung presented written comments from Mr.Joe Kroboth,Director of Emergency Services,regarding fire and emergency service issues that include naming the private lane,clearly identifying homes with numbers,adequate clearance provided along the lane for fire apparatus,clearing along Maryland 68 for direct access to the lots,and the installation of residential sprinkler systems or a 20,000 gallon underground storage tank to provide an adequate amount of water for fire fighting purposes.Mr.Cody stated in a letter to the Planning Department that he does not intend to further subdivide this property. Comments:Mr.Cody,property owner/developer,stated that he does not have any objection to the comments made by Mr.Kroboth and would be willing to comply.However,the sprinkler system and/or underground water storage tank is a concern. Mr.Anikis made a motion to tabie the variance request until August 1,2005 in order to receive further information from Mr.Kroboth regarding the comments and recommendations pertinent to the emergency service issues,particularly,the residential sprinkler system and/or underground storage tank as it relates to the use of the private lane for access.Seconded by Mr.Moser.The motion passed with Mr.Anikis,Mr.Clopper,Mr.Moser,Mr.Kercheval and Ms.Parrish voting "aye"and Mr.Reiber voting "nay". Wayside Estates (SV-OS-020) Mr.Goodrich presented for review and approval a variance request from the Subdivision Ordinance Section 405.11.B that requires new lots have frontage and direct access to a public road and Section 405.1.K that requires dedication of future right-of-way in an amount determined by the highway classification.Virginia Avenue is classified as a Principal Arterial requiring 75 feet of dedication measured from the centerline of the road.The applicant is requesting a reduction in the right-of-way dedication from 75 feet to 33 feet based on comments from Mr.John Wolford, State Highway Administration.The developer is proposing five new lots on .78 acres that is zoned Residential Suburban.A private panhandle driveway would serve all five lots.The proposed development has received variances from the Board of Zoning appeals for lot size reductions,lot width reductions,and building setback reductions. Mr.Anikis made a motion to approve the variance requests to allow the five new building lots to utilize the private driveway on the panhandle of Lot 5 and to reduce the right-of-way dedication requirement from 75 feet to 33 feet contingent upon written approval from the State Highway Administration.Seconded by Mr.Reiber.The motion passed with Mr.Anikis,Mr.Reiber,Mr. Ardinger and Mr.Kercheval voting "aye"and Ms.Parrish,Mr.Moser and Mr.Clopper voting "nay". III -SUBDIVISIONS Parkway Neurosciences Rehab Center (SP-05-025) Mr.Goodrich presented for review and approval the preliminary/final plat for Lots 2,3 and 4,a site plan for development on Lot 2,a variance request to allow new lots without direct access and the forest conservation plan for Parkway Neurosciences Rehab Center located at the intersection of Western Maryland Parkway and Maryland Route 144 (Washington Street Extended).The entire site is 9.98 acres and is zoned Highway Interchange 1.Public water and sewer will serve the site.The developer is proposing a 24,000 square foot single story medical office building. Parking required is 72 spaces and 116 spaces will be provided.A storm water management pond on Lot 4 will handle storm water management.The developer is proposing access to all three lots from a driveway located on the panhandle of Lot 3.The State Highway Administration requires acceleration and deceleration lanes at the access point along Western Maryland Parkway.A by-pass lane may also be required;however,the State Highway Administration has not made that determination at this time.The developer is proposing to meet the Forest Conservation requirement on all three lots by payment of the in lieu fee which will be calculated as if all of the existing forest is removed.Approval has been received from the Washington County Engineering Department with the requirement for an additional storm water management easement and the State Highway Administration with the possibility of a by-pass lane.All other agency approvals have been received. Mr.Anikis made a motion to approve the use of the fee in lieu of to meet the Forest Conservation requirement.Seconded by Mr.Reiber.Unanimously approved. Mr.Reiber made a motion to approve the variance request to permit Lots 2 and 4 to use the panhandle on Lot 3 for access to the public road.Seconded by Mr.Moser.Unanimously approved. Mr.Reiber made a motion to grant preliminary/final plat approval contingent upon all agency approvals.Seconded by Mr.Anikis.Unanimously approved. Mr.Clopper made a motion to grant site plan approval for Lot 2.Seconded by Mr.Reiber. Unanimously approved. Quiet Meadows,Lots 5-31 (S-05-055) Mr.Thompson presented for review and approval the final plat for Quiet Meadows,Lots 5-31. The property is located along Maryland Route 67/Rohrersville Road.The site is approximately 133 acres and·is zoned Conservation.All lots will have access to public roads with one access point onto Rohrersville Road.All lots will be served by individual wells and septic.There are several streams and wetlands located on the property.The Forest Conservation requirement will be met by on-site retention of 35 acres of forest.All agency approvals have been received. Mr.Moser made a motion to grant final plat approval.Seconded by Mr.Clopper.Unanimously approved. St.James Village North (S-05-035) Mr.Thompson presented for review and approval a preliminary/final plat for a commercial out parcel at St.James Village North.The property is located at the intersection of Lyles Drive and Maryland Route 65.No access is permitted to Lyles Drive or Maryland Route 65.Access is from an existing easement from Lyles Drive Into the shopping center.The site is 1.21 acres and is zoned BL.Public water and sewer will serve the site.The site is exempt from the Forest Conservation requirement due to PUD approval prior to 1993.All agency approvals have been received with the exception of the Health Department. Mr.Clopper made a motion to grant preliminary/final plat approval contingent upon approval from the Health Department.Seconded by Mr.Anikis.Unanimously approved. -SITE PLANS Fountain Head Country Club (SP-05-026) Mr.Thompson presented for review and approval a site plan for the Fountain Head Country Club located at the corner of Club Road and Fountain Head Road.The site is 5.1 acres and is zoned Residential Urban.Public water is provided by the City of Hagerstown and sewer is provided by Washington County.Parking required is 245 spaces.Lighting will be building mounted and pole mounted throughout the parking area.The existing access points will provide access from Club Road and Fountain Head Drive.The hours of operation will be Tuesday through Sunday from 10:00 a.m.to 10:00 p.m.Freight and deliveries are made on a daily basis.The existing dumpster and maintenance building will be retained on the site.Forest Conservation will be met by on-site retention of existing forest.All agency approvals have been received. Mr.Anikis made a motion to grant site plan approval.Seconded by Mr.Clopper.Unanimously approved. 112 Miller and Andersen (SP-05-037) Mr.Lung presented for review and approval a designated "fast track"site plan for Miller and Andersen.The property is located along the south side of Maugans Avenue,west of Shawley Drive.The site is 2.6 acres and is zoned Highway Interchange 1.The developer is proposing to construct a building containing a 65'x 80'warehouse and a 65'x 25'two story office.There will be approximately 10 to 12 employees in the office with parking provided along the front and side of the building.A loading dock and the required 10'x 45'loading area is provided in the back of the building.Hours of operation will be 7:00 a.m.to 5:00 p.m.The existing entrance on Maugans Avenue will continue to be used.The owner is proposing to use the existing infiltration storm water management pond that has been approved by the Washington County Engineering Department.Some existing landscaping will continue to be used with new landscaping proposed in areas throughout the parking lot.Building mounted wall packed lights are proposed on all sides of the building.A 25 foot minimum buffer yard along the east and south property line is required under the HI-1 zoning standards in the Zoning Ordinance for this use.Currently there are existing white pines along the south side of the property and the developer is proposing to install a white vinyl fence for screening along the east side yard area where the future relocated Shawley Drive will be constructed.The existing sign will be retained.Less than 200 gallons of water and sewer usage is proposed.The site is exempt from the Forest Conservation requirement because there is less than 40,000 square feet of new disturbed area.All agency approvals have been received with the exception of the City of Hagerstown Sewer Department. Comments:The Planning Department has some concern regarding the proposed bUilding mounted lighting fixtures due to glare on adjacent properties and Maugans Avenue.The developer stated that the proposed lighting fixture could be installed with a shield if required by the Planning Commission. Mr.Moser made a motion to grant site plan approval contingent upon shields being placed on the proposed building mounted lighting fixtures.Seconded by Mr.Reiber.Unanimously approved. Stoller Road Storage Facilities (SP-04-081) Mr.Goodrich presented for review and approval a site plan for Stotler Road Storage Facilities located on the east side of Stotler Road and south of Halfway Boulevard.The site is 7.35 acres. The proposed building area is 62,000 square feet consisting of 29 separate bUildings containing storage units of varying sizes.A temporary office will be provided that will become an additional storage unit;therefore,no public health facilities will be required.Four parking spaces will be provided for the temporary office.A sign will be provided at the entrance to the property.Pole mounted lighting will be provided and directed to avoid spillage onto adjacent properties.Storm water management will be located at the front of the property.The Forest Conservation requirement will be met by on-site retention of .75 acres of forest in the southeast corner of the property and by mitigating for an additional 2.25 acres through payment in lieu of in the approximate amount of $8500.The developer is required to provide a buffer from the residential uses along the southern border of the property and is proposing to use white pines,cypress,red maple,dogwood and crabapple trees.There is no public water available to this property.The Department of Emergency Services has recommended installing a 31 ,OOO-galion storage tank on the property in case of a fire.They also recommended changes to several buildings for ease of access and turning radius for the fire apparatus.All agency approvals have been received. Comments:Mr.Moser expressed concern for the "temporary"office site because no public health facilities are available due to lack of water and sewer on the site. Mr.Reiber made a motion to grant site plan approval contingent upon the developer making the changes recommended by the Department of Emergency Services and elimination of the proposed office.The motion included a time limit of 18 months for the '1emporary"office and approval of the payment in lieu of to meet part of the Forest Conservation requirements. Seconded by Mr.Moser. Comments before the vote:Mr.Moser and Mr.Kercheval stated their concern regarding the lack of public water and sewer facilities available to this site.Mr.Kercheval also expressed his lack of support for the forest conservation proposal.He is not opposed to payment in lieu of to meet the Forest Conservation requirements for commercial properties;however,he does not feel that storage sheds are justification for payment in lieu of because they do not bring any kind of jobs or economic development to the County.Mr.Reiber stated that he does not disagree with any of the comments presented;however he believes the developer has the right to present their own project as long as it is a permitted use and meets the County's regulations. The motion passed with Mr.Reiber,Mr.Moser,Mr.Clopper and Mr.Ardinger voting "Aye"and Ms.Parrish,Mr.Anikis and Mr.Kercheval voting "Nay". -PRELIMINARY CONSULTATIONS Vista Developments (PC-05-017) Mr.Goodrich presented for review and a moratorium exemption recommendation the Preliminary Consultation and concept plan for Lots 6,7,8 and 9,Vista Development located along the north 113 side of Big Pool Road.Lots 1 and 2 were subdivided prior to the adoption of the moratorium and Lots 3,4 and 5 were subdivided in 2005 under the current moratorium.The proposed subdivision meets the land use density requirements established in the adopted 2002 Comprehensive Pian. The property is located in the environmental conservation policy area that has a density ratio of 1 dwelling per 20 acres.After Lots 6 and 7 are subdivided,57.45 acres of land will remain.Using the density ratio of 1:20,this would allow 2 more lots plus the remainder.Therefore,this qualifies the property for a moratorium exemption.A recommendation from the Planning Commission is necessary prior to the Board of County Commissioners'review. Mr.Anikis made a motion to recommend a moratorium exemption for Lots 6,7,8 and 9 of Vista Development.Seconded by Mr.Clopper.The motion passed with Mr.Anikis,Mr.Clopper,Mr. Moser and Mr.Reiber voting "aye",Ms.Parrish voting "nay"and Mr.Kercheval abstained. -FOREST CONSERVATION Candidate Planting Site Mr.Goodrich presented for review and approval the property of Donald and Linda Grove located at 15717 Spade Road as a site for retention and planting utilizing PIL funds.The owner is proposing to place 61.7 acres of existing forest under easement and to plant 12.9 acres of new forest.The planting and retention of forest will benefit the stream buffer for the Conococheague Creek and improvement of the existing forest cover.There will be some harvesting on this site in order to diversify and plant new tree species for the purpose of improving the overall cover of the site.The site is adjacent to an existing FCA easement on the Bowers farm consisting of 88.5 acres.Mr.Elmer Weibiey from the Soil Conservation District was present to answer questions. Mr.Weibley administers the program for Washington County. Mr.Clopper made a motion to recommend approval of the property for the Forest Conservatiqn Act Candidate Site.Seconded by Mr.Moser.Unanimously approved.Mr.Kercheval abstained. -OTHER BUSINESS Sunset Meadows (pp-Oa-014) Ms.Baker presented for review and approval a variance for a stream buffer reduction for Sunset Meadows located at the corner of St.Pauls Road and Hicksville Road,Clear Spring.Based on standards in the Subdivision Ordinance,the width of the stream buffer is based on the topography.If there is a flood plain located in the same area as the stream buffer,whichever is larger takes precedence and becomes the stream buffer.In this case,the topography indicates a stream buffer of 48 feet,however,there is flood plain associated with the stream that extends further than the stream buffer.In addition,there has been a detailed study of the flood plain area done by the consultant at the request of the Washington County Engineering Department.As a result of the detailed study,it was found that the flood plain boundary extends further south of the centerline of the stream than the approximated flood plain line.The request Is a result of two conditions that have come up during engineering of the site.First,construction related to the installation of a bridge crossing over the stream in later phases will encroach upon the buffer between 10 and 180 feet.Second,the storm water management pond labeled as 'Pond B' encroaches upon the stream buffer between 5 and 10 feet.The developer is asking for relief to be able to perform construction within the limits of the stream buffer and to allow the storm water management pond to exist as a permanent structure that infringes upon the stream buffer. Comment:Representatives from the Washington County Soil Conservation District stated that they do not object to the land disturbance in the stream buffer related to the installation of the bridge,provided the area conforms to their regulations during construction and they stabilize the area after construction.However,they also stated that they are opposed to permanent structures being permitted within the stream buffer.Specifically in this case,they are concerned about possible erosion that may occur during extensive flood events that could cause damage and potential failure of the pond walls and further cause damage to other properties downstream. Mr.Moser made a motion to deny the variance.Seconded by Mr.Clopper.Unanimously approved.Mr.Reiber abstained. Water &Sewer Plan Recommendation -Rehoboth United Methodist Church (WS-OS-002) Mr.Lung presented for review and recommendation the Water and Sewerage Plan Map Amendment for Rehoboth United Methodist Church.The property is iocated at the southwest corner of Maryland Route 68 and Maryland Route 632.A Staff Report and Analysis Following the Public Hearing was provided for the Planning Commission's review.Mr.Lung summarized the discussion points provided in the Staff Report. Mr.Moser made a motion to recommend denial of the Map Amendment to the Water &Sewerage Plan because it is outside the Urban Growth Area,there is a lack of sewer capacity for development outside the Urban Growth Area and it is not consistent with the Comprehensive Plan.Seconded by Mr.Ciopper.Unanimously approved.Mr.Kercheval abstained. 114 Presentation of School Capacity Figures Mr.Goodrich presented for the Commission's information a chart regarding school capacity information used by the County.The charts include projected yields from approved subdivisions. This information will be updated each month and provided to the Commission for their use in reviewing plans for future development in the County. Comment:Mr.Ardinger recommended a meeting with the Board of Education,the Planning Commission and the Board of County Commissioners to discuss long and short term plans to address school capacity issues. No action required. /.. Solid Waste Management and Recycling Plan Mr.Thompson and Mr.Stachoviak presented for review and recommendation the Solid Waste Management and Recycling Plan.The update of the Plan updates data of recycling waste flow, provides new information on the new landfill,documents the 2002 recycling rate that was calculated to be 23.5%(15%minimum required by recycling law),Solid Waste Recycling Commission recommendations investigating reopening the rubble landfill site due to the increase in demolition and amended material licensing reporting requirements Comments:The Planning Commission stated their concerns that the County does not actively encourage a recycling program.The Commission encourages the County to implement a recycling program and to provide education to the pUblic on the importance and cost effectiveness of recycling. Mr.Reiber made a motion to recommend approval based on a determination that the Solid Waste Management and Recycling Plan is consistent with the Comprehensive Plan;however we strongly suggest public education and enforcement of a recycling program. Seconded by Ms. Parrish.The motion passed with Mr.Reiber,Ms.Parrish and Mr.Clopper voting "aye"and Mr. Anikis voting "nay".Mr.Moser and Mr.Kercheval abstained. Discussion before adjournment:The Planning Commission members scheduled a Workshop meeting on Thursday,August 4,2005 at 1:00 p.m.Mr.Thompson will contact Mr.Murray from the Department of Water Quality and Mr.Blum from the Board of Education to request their attendance at this meeting.Mr.Ardinger requested that the Commission members forward their recommendations for workshop topics to the staff as soon as possible . •ADJOURNMENT r Mr.Moser made a motion to adjourn the meeting at 10:30 p.~.So ordered. ! WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -AUGUST 1,2005 The Washington County Planning Commission held its regul"r meeting on Monday,August 4,2005,in the Washington County Administrative Annex,80 West Baltimore Street,Hagerstown. Members present were:Chairman Don Ardinger,R.BEln Clopper,Linda Parrish,Bernard Moser,George Anikis,Terry Reiber,and Ex-Officio James F.Kercheval.Staff members present were:Planning Director Michael C.Thompson,Chief Senior Planner Stephen T.Goodrich,Senior Planners Timothy A.Lung and Lisa Kelly Pietro,Associate Planners Jill Baker and Misty Wagner-Grillo,and Administrative Assistant Debra Eckard. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 7:00 p.m. Mr.Thompson stated that the first item under Other Business,South Pointe P.U.D.Development Plan Modification,has been withdrawn at the owner's request and removed from the Agenda. MINUTES Mr.Clopper made a motion to approve the minutes of the July 11,2005 meeting as presented. Seconded by Mr.Moser.Unanimously approved. OLD BUSINESS Robert Cody (SV-OS-017) Mr.Lung presented a variance request from Subdivision Ordinance Section 405.11.B.2 that requires all new building lots to have frontage and direct access to a public road.Mr.Cody is requesting the variance to create three new subdivision lots with access onto an existing private farm lane.The lots would front on Maryland Route 68;however,it is unusable for access due to a steep embankment along the road and sight distance limitations.The original request was presented and discussed during the July 11,2005 Planning Commission meeting.The Planning Commission tabled the request in order to obtain additional information from Mr.Joe Kroboth,Director of Emergency Services,regarding his comments and recommendations pertinent to emergency service issues.Mr.Kroboth clarified the comments and recommendations that were made during his review of the proposed subdivision.He stated that any lane that serves three or more dwellings must be named and homes must be clearly identified with numbers. Mr.Kroboth also stated that the developer has agreed to make the necessary adjustments to the buildings and trees along the lane to provide adequate ciearance for fire apparatus.During his initial review,Mr.Kroboth recommended the installation of a residential sprinkler system or a 20,000 gallon underground storage tank to provide an adequate amount of water for fire fighting purposes.He stated that the purpose of the sprinkler system is to increase the amount of escape time for residents of the dwelling in a fire situation.This recommendation is made when a dwelling location presents difficulty for fire apparatus to respond in a timely manner to that location.The purpose of the storage tank is to provide a sufficient quantity of water on-site to initiate fire operations. Comments:Mr.Moser stated that this should be considered a private road subdivision and during the 1970's,the Planning Commission agreed to ban private road subdivisions.Mr.Ardinger and Mr. Kercheval expressed their concern that if the Planning Commission decides to impose the installation of sprinkler systems and/or storage tanks for subdivisions,they need to remain consistent throughout the approval process of all proposed subdivisions.Mr.Reiber expressed concern that the County does not have a fire safety program for rural areas to impose the installation of residential sprinkler systems or storage tanks. Mr.Moser made a motion to deny the variance because it does not comply with Section 405.11.B.2 that requires all new building lots to have frontage and direct access to a public road.Seconded by Mr. Anikis.Motion passed with Mr.Moser,Mr.Anikis,Mr.Clopper and Mr.Ardinger voting "Aye"and Mr. Reiber,Ms.Parrish and Mr.Kercheval voting "Nay". Vista Development (PC-OS-017) The Preliminary Consultation for Vista Development was presented at the July 11,2005 Planning Commission meeting.At the request of Mr.Anikis,Ms.Wagner-Grillo provided clarification for comments received from the State Highway Administration.In the minutes of the Preliminary Consuitation,it was implied that Lots 5 through 9 would be sharing one access.However,after review of the State Highway Administration's comments,it has been determined that Lots 5 and 6 would share one access,Lots 7 and 8 would share one access,and Lot 9 and the remaining lands would share one access.The minutes of the Preliminary Consultation have been revised to reflect the change. 115 116 NEW BUSINESS -VARIANCES Michaellvosevich (SV-OS-022) Ms.Baker presented a variance from Section 318 of the Washington County Subdivision Ordinance to create a stand aione simplified parcel.The applicant currently owns Lot 19 of Wildflower Meadows iocated on the northeast side of St.Paul Road and Fairview Road in Clear Spring.He is proposing to purchase a 1.91 acre parcel to the rear of his property to stand as its own parcel and to make this a deeded lot in the future.He does not wish to own this amount of property and is proposing to sell this parcel.A simplified parcel is required to be against abutting properties and property lines must be vacated so it will be an addition or enlargement to an existing property rather than a stand-alone simplified parcel not for development. Comments:Mr.Kercheval stated that he has spoken to Mr.Ivosevich regarding the variance request.It is Mr.Ivosevich's intention to create an easement through his property to allow access to this parcel from Fairview Road and sell this parcel for development in the future.Mr.Ivosevich stated that the current owner of the property is not willing to allow him the time to create the access easement before seiling the property.If Mr.Ivosevich vacates the property line,he would not be able to resubdivide this property due to new rural rezoning guidelines. Mr.Clopper made a motion to deny the variance request.Seconded by Mr.Moser. Clarification before the vote:The motion to deny the variance does prohibit,in this case,Mr.ivosevich to acquire the iand-Iocked parcei at his own risk and request a variance for a right-of-way in the future. The motion failed with Mr.Clopper and Mr.Moser voting "Aye"and Mr.Anikis,Ms.Parrish,Mr.Reiber and Mr.Kercheval voting "Nay". Mr.Kercheval made a motion to approve the variance request.Seconded by Mr.Anikis.Motion passed with Mr.Kercheval,Mr.Anikis,Ms.Parrish and Mr.Reiber voting "Aye"and Mr.Clopper and Mr.Moser voting "Nay".. -SUBDIVISIONS Potomac Edison Company (S-OS-084) Mr.Lung presented for review and approval the preliminary/final subdivision plat for property formerly known as Potomac Edison Lot 4,now known as Lot 4,Friendship Technology Park.The property is located in Friendship Technology Park at the northeast corner of Downsville Pike and Rench Road and is zoned ORT -Office Research and Technology.The developer is proposing to create a 29.4 acre lot with no development proposed at this time.There is approved access onto Rench Road.Public water is available to this site via an existing line in Rench Road.Public sewer is located in the area at an existing pump station on Maryland Route 632 (Downsville Pike);however,according to the Department of Water Quality,extensive infrastructure improvements and extension of infrastructure would be required to serve this lot with public sewer.Prior to any development on this lot,a site plan will be reqUired for approval by the Planning Commission.The property is adjacent to the Mountainside Teleport site located on Lot 1. There are deed easements associated with Mountainside Teleport that extend onto this property and create height restrictions and a no-build zone on this site.An approved Forest Stand Delineation shows no existing forest or priority areas on the site.The developer is requesting payment in lieu of in the amount of $19,166.40 to meet Forest Conservation requirements.All agency approvals have been received except the Health Department. Discussion:Mr.Moser is opposed to the payment in lieu of to meet the Forest Conservation requirement.He stated that sensitive areas are present on other sites within the Friendship Technology Park and should be planted. Mr.Moser made a motion to approve the preliminary/final subdivision plat.Seconded by Mr.Anikis. Unanimously approved. Mr.Moser made a motion to deny the payment in lieu of to meet the Forest Conservation requirement. Seconded by Mr.Anikis. Discussion before the vote:Mr.Kercheval expressed his opposition to the motion stating that this property is specifically zoned for economic development that would bring valuable jobs to the County.He does not believe that limitations should be placed on this site that may hinder development and economic growth. The motion failed with Mr.Moser and Mr.Anikis voting "Aye"and Mr.Reiber,Mr.Clopper,Ms.Parrish and Mr.Kercheval voting "Nay". Mr.Clopper made a motion to approve the payment in lieu of to meet the Forest Conservation requirement.Seconded by Mr.Reiber.The motion passed with Mr.Clopper,Mr.Reiber,Mr.Kercheval and Ms.Parrish voting "Aye"and Mr.Moser and Mr.Anikis voting "Nay". 117 -SITE PLANS A C &T Company Super 8 Hotel Addition (SP-05-031) Mr.Lung presented for review and approval a site plan for the A C &T Super 8 Hotel addition located at the intersection of Halfway Boulevard,Hopewell Road and Blake Road.The property is zoned HI-1 - Highway Interchange 1.The developer is proposing a two-story addition to the existing motel with 58 new rooms for a total of 21,728 square feet with additional parking.Parking required is 123 spaces and 128 spaces are provided.The developer is also proposing a new bio-retention type storm water management pond.The site is served with public water and sewer.An additional 5,800 gallons of sewer flow per day will be required.Enlarged turning radii in the parking lot and a dedicated turnaround area for fire apparatus has been provided.The Forest Conservation requirement was met by payment in lieu of during the subdivision process as approved by the Planning Commission at that time.Additional landscaping is proposed in the parking areas and around the bio-retention pond.All agency approvals have been received. Mr.Moser made a motion to approve the site plan.Seconded by Mr.Ciopper.Unanimously approved. Hagerstown Korean Church (SP-05-036) Mr.Lung presented for review and approval a site plan for the Hagerstown Korean Church located along the north side of Mt.Aetna Road.The site is 1.6 acres and is zoned BG -Business General.The owner has been granted a special exception use from the Board of Zoning Appeals to allow a church in the BG zoning district.Parking required for the church's seating capacity of 35 persons is 7 spaces and 13 spaces are provided.The Board of Zoning Appeals required additional screening for adjacent properties, retention of the existing fence,and lighting shall be shielded to prevent glare onto adjacent properties. Public sewer and a well will serve the site.All agency approvals have been received. Discussion:Mr.Lung stated that a site plan was previously submitted and approved in 1994 to establish a senior housing facility at this location.At that time,a 2-inch water line in Mt.Aetna Road was not of sufficient size to extend to this property;however,the water line was upgraded to an 8-inch line in 1999 .and ends at Hillside Drive which is located approximately 200 feet from the Church property.Upon granting the special exception use,the Board of Zoning Appeals suggested that the Church connect to the public water line.In 1994,site plan approval was granted contingent upon the water from the well being tested on a quarterly basis.Mr.Lung stated that the Church intends to use the well for their water supply.Mr.Cump stated that the owner would connect to public water if the line were extended to their property. Mr.Moser made a motion to approve the site plan contingent upon the owner connecting to public water when it becomes available to the property and quarterly testing of the water.Seconded by Mr.Anikis. Comment:Mr.Reiber stated,that in his opinion,quarterly testing of the water is excessive because of the size of the congregation and the weekly use and suggested a bi-annual testing of the water.The motion was not amended. The motion passed with Mr.Moser,Mr.Anlkis,Mr.Reiber,Ms.Parrish and Mr.Clopper voting "Aye"and Mr.Kercheval voting "Nay". San Mar Children's Home Addition (SP-05-038) Mr.Lung presented for review and approval a site plan for an addition to the San Mar Children's Home campus iocated along Maryland Route 66 south of Mapleville.The property is zoned A -AgriCUlture. The owner is proposing to construct a single-story group home building,93 feet by 65 feet.Additional parking will be provided with landscaping.A new storm water management pond is proposed.An on-site water system currently supplies San Mar Children's Home and the Fahrney-Keedy retirement community and will also serve the addition.An on-site septic system will serve the site.All agency approvals have been received except the Health Department. Mr.Kercheval made a motion to approve the site plan contingent upon Health Department approval. Seconded by Mr.Moser.Unanimously approved. -PRELIMINARY CONSULTATIONS Lillian M.Kriner Estates (PC-05-018) Ms.Pietro presented for review and comment the Preliminary Consultation for Lillian M.Kriner Estates located along the west side of Ashton Road.The developer is proposing 10 single-family residential lots on approximately 16 acres.The property is zoned A -AgriCUlture. No action required. Williamsport Ventures,LLC (PC-05-019) Mr.Goodrich presented for review and comment the Preliminary Consultation for Williamsport Ventures, LLC located along the south side of Sterling Road,east side of Daub Road and north side of Kendle Road.The developer is proposing a PUD with 1267 residential units on 328.16 acres.The property is currently zoned A -Agriculture;however,the developer is proposing a PUD overlay zone.The developer us is proposing 243 single-family units on 7,500 square foot iots,150 single-family units on 14 acre lots (approximately 10,000 square feet),766 townhouse units and 10S condominiums.A traffic impact study will be required by the Washington County Engineering Department.A linear park is proposed along the main road of the development;however,the Engineering Department does not want the park located within their right-of-way and has recommended that the park be relocated.The Department of Water Quality has stated that all infrastructures necessary to serve this development will be the responsibility of the developer.Sewer allocations for this development may be limited to 50 units per year due to iimited sewer capacity.Application to the Annexation Review Committee will be required for the City of Hagerstown Water Department to give approval for development on this site.The Halfway Volunteer Fire Company and the Williamsport Volunteer Fire Company will require access boxes with keys and recommends that the entire road is built all at one time.Approximately 50 acres has been reserved for a proposed school site.The developer must comply with all applicable sections of the Zoning Ordinance and must be specific in identifying the zoning requirements that need to be modified (i.e.lot area, setbacks,etc.).Future street connections to adjacent properties on the east and west sides of the deveiopment is recommended.The Historic District Commission has recommended retention, rehabilitation and reuse of the dwelling and farm complex (site #WA-I-017)located on the Ebersole parcel.The Forest Conservation requirement will be met by on-site retention. Comments:Mr.Jeremy Rutter of Heritage Land Development noted that the linear park will consist of berms that shield traffic and headlights from homes,sidewalks and park benches.The linear park will transport pedestrians as well as traffic. Mr.Kercheval noted that adequate buffering along the agricultural easement needs to be addressed. Infrastructure to the school site should be started early in the build-out process. No action required. -OTHER BUSINESS Christopher and Kara Dao,P.U.D.Modification Ms.Baker presented for review and approval a P.U.D modification request for Lot 16,Woodbridge P.U.D. Subdivision located along Rolling Green Place.The property is approximately .44 acres and is zoned RS -Residential Suburban with a P.U.D overlay.The owner is requesting a reduction to the rear yard setback requirement from 40 feet to 8 feet to construct a deck. Mr.Kercheval made a motion to approve the modification request contingent on a signed letter from all contiguous property owners stating their approval of the deck location with regard to property lines. Seconded by Mr.Reiber.Unanimously approved. Rezoning Case RZ-05-003 -Edwards Investment Company Ms.Baker stated that she had no further comments to add to the Staff Report and Analysis Following the Public Hearing for the map amendment for Edwards Investment Company.The public hearing was held on June 13,2005 and the after hearing analysis was included in the Agenda packet for the Planning Commission members'review.The rezoning application is to rezone the property located along the west side of Hopewell Road,adjacent and south of Interstate 70 from the current HI-1 -Highway Interchange 1 to HI-2 -Highway Interchange 2 zoning classification. Mr.Clopper made a motion to recommend approval to the Board of County Commissioners for the rezoning request for RZ-05-003 based upon a determination that a mistake was made in the 1995 rezoning of the property and that the request was logical,appropriate and consistent with the Comprehensive Plan.Seconded by Mr.Reiber.Unanimously approved.Mr.Kercheval abstained. Rezoning Case RZ-05-005 David Lyles Developers Mr.Goodrich corrected the following statement as written in the Staff Report and Analysis Following the Public Hearing on page 3,"that the properties on both sides of the rezoning site are also zoned "RS"but have churches built on them".He noted that a church is built on only the property located on the east side of the site.The property located on the west side of the site is owned by a church;however,a church building is not present on the property.The public hearing was held on June 13,2005 and the after hearing analysis was included in the Agenda packet for the Planning Commission members'review.The rezoning application is to rezone the property located on the north side of Leitersburg Pike near the Northbrook subdivision from the current RS Residential Suburban to BL -Business Local. Mr.Anikis made a motion to recommend denial to the Board of County Commissioners for the rezoning request for RZ-05-005.The request would create the "spot"zoning of a commercial property within a residential area,it is not consistent with the Comprehensive Plan,and he supports Staff's findings as stated in the Staff Report.Seconded by Mr.Moser.The motion to recommend denial was unanimously approved.Mr.Kercheval abstained. 119 Rezoning Case RZ-05-006 -Maryland Homes CB,LLC Ms.Pietro stated that she had no further comments to add to the Staff Report E!n;i Analysis fQllowing the Public Hearing for the map amendment for Maryland Homes CB,LLC;;.A public hearing was held on June 13,2005 and the after hearing analysis and a map showing the acreage breakdown for the Hekbel properties,as requested by Commissioner Snook,was included in the Agenda packet for the Pianning Commission members'review.ThE)rezoning application is to rezone the property on the west side of Massey Boulevard,northwest of Virginia Avenue from the current BG -Business Gen~ral to RM - Residential Multi-family zoning oiassification .. Ms.Pietro stated that a full traffic study for the area around this development will be required by the Washington County Engineering Department.Due to concern expressed by area residents regarding the proposed roadway,Mr.Anikis recommended a neighborhood meeting for area residents to review the proposed roadway plans.Ms.Pietro also stated that she has spoken to the State's Bomb Squad regarding Mr.Stephens'explosives and contracting business located at his home on Beckley Avenue. This business is several hundred feet from current RM zoned lands that are adjacent to the subject zoning.The Bomb Squad stated that this issue would need to be resolved between Mr.Stephens and the developer.However,when homes are constructed in the proposed development,Mr.Stephens may be in violation of setback requirements set by the State.Constructing a "magazine"to house the explosives with a berm around the magazine can reduce the setbacks.Mr.Kercheval requested that a note be added to the Staff Report and Analysis addressing this issue. Mr.Clopper made a motion to recommend approval to the Board of County Commissioners for the rezoning request for RZ-05-006 based on a mistake made in the current zoning and that the request was logical,appropriate and consistent with the Comprehensive Plan.Seconded by Mr.Moser.Unanimously approved.Mr.Kercheval abstained. Rezoning Case RZ-05-007 -Heidi Mackley Ms.Wagner-Grillo stated that she had no further comments to add to the Staff Report and Anaiysis Following the Public Hearing for the map amendment for Heidi Mackley.The public hearing was held on June 13,2005 and the after hearing analysis was included in the Agenda packet for the Planning Commission members'review.The rezoning appiication is to rezone the property on the southeast corner of the intersection of Maryland Route 40 and Mount Aetna Road from the current RU -Residentiai Urban to BG -Business General zoning classification. Comments:Mr.Anikis stated he believes rezoning this property will create "spot"zoning and will increase commercialization of a residential area along the Dual Highway.Mr.Moser stated that he feels that rezoning this property will contribute to the existing traffic problems in this area.He aiso feels that Mt.Aetna Road is a logical transition point between the commercial and residential areas along the Dual Highway.Mr.Reiber does not feel this would create "spot"zoning since the property is adjacent to existing commercial properties. Mr.Reiber made a motion to recommend approval to the Board of County Commissioners for the rezoning request for RZ-05-007 based on the fact that the property is located adjacent to an existing commercial area.Seconded by Ms.Parrish.The motion failed with Mr.Reiber and Ms.Parrish voting "Aye"and Mr.Anikis,Mr.Clopper and Mr.Moser voting "Nay".Mr.Kercheval abstained. Mr.Clopper made a motion to recommend denial to the Board of County Commissioners for the rezoning request .for RZ-05-007 based on a determination that there has been a change in the neighborhood; however,the request is not logical or appropriate due to the proximity of the property to other residential properties in the area.Seconded by Mr.Moser.The motion passed with Mr.Clopper,Mr.Moser and Mr. Anikis voting "Aye"and Mr.Reiber and Ms.Parrish voting "Nay".Mr.Kerchevai abstained. -UPCOMING MEETINGS 1.Planning Commission Workshop meeting,Thursday,August 4,2005,1:00 p.m.,Washington County Administrative Annex. 2.Planning Commission Regular meeting,Monday,September 12,2005,7:00 p.m., Washington County Administrative Annex. 3.Joint Rezoning Hearing,Monday,September 19,2005,7:00 p.m.,Washington County Courthouse,Room #1. -ADJOURNMENT Mr.Anikis made a motion to adjourn the meeting at 10:00 p.m. an So ordered. 120 WASHINGTON COUNTY PLANNING COMMISSION WORKSHOP MEETING -AUGUST 4,2005 The Washington County Planning Commission and Planning Staff held a workshop meeting on Thursday, August 4.2005 at 1:00 p.m.in the County Administrative Annex Conference Room #1. Planning Commission members present were:Chairman.Don Ardinger;George Anikis;Bernard Moser; Terry Reiber;Linda Parrish;and Ex-Officio.James F.Kercheval.Staff members present were:Planning Director Michael C.Thompson.Chief Senior Planner Stephen T.Goodrich.Senior Planner Lisa Kelly Pietro.Associate Planners Jill Baker and Misty Wagner-Grillo.and Administrative Assistant Debra S. Eckard. DISCUSSION Board of Education Presentation Mr.Thompson introduced Mr.Bill Blum from the Washington County Board of Education.Mr.Blum presented documentation regarding school capacity issues associated with the Westfields Deveiopment. He stated that the Board of County Commissioners requested that the Board of Education review the Frederick County APFO and the procedures to administer the Ordinance.He noted that the Frederick County APFO offers the following benefits:it treats all developers equitably;minimizes school overcrowding in a rationale way;is transparent to all concerned;allows for residential growth;and encourages developers to contribute funds for school construction beyond what is required in State and local law (excise.impact.APFO fees.other).The Plan encourages everyone to work together to create a CIP that will create the capacity in the schools to accommodate the students.The Board of Education anticipates "fixed capacity"within two years to accommodate students coming from growth and development in Washington County.A consultant was hired last year to deveiop a six-year enrollment forecast based on student yields and on a database of all housing developments.Mr.Blum stated that -the Board of Education is in the process of hiring a full-time planning manager.The Board of County Commissioners has approved the construction of new school projects and the hiring of project managers to oversee the construction process for FY 2006.Mr.Blum stated that anywhere a deveiopment is proposing 1.000 units or more,an elementary school will be needed.At the present time.a school complex site is needed in the southeast quadrant of the Urban Growth Area.Sixty acres are needed for a high school site,30 acres for middle schools and 15 acres for an elementary school. Mr.Thompson noted that consideration of changing the APFO from a fee schedule to a testing method for school capacity might be more appropriate. Mr.Ardinger noted that when the planning manager is hired.he hopes that more communication will be forthcoming with the Board of County Commissioners and the Planning Commission. Question:Mr.Thompson asked why the Board of Education uses 100%capacity for middle and high schools and 85%for elementary schools? Answer:Mr.Blum explained that in the State of Maryland most school districts use State rated capacity as the capacity limits for the school based on need and basically driven by the ISC,which is the facilities branch of MSDE.Many schooi districts have a locai rated capacity,which is more restrictive and has less to do with facilities capacity and more to do with instructional capacity.Washington County uses a local rated capacity of 21 students per class.which generates additional federal funding for the schools. Comment:Mr.Kercheval noted that when the APFO was written.the State rated capacity was 25 elementary students.Eighty-five percent of 25 students is 21 students;therefore in the County's APFO. 85%capacity or 21 students per class represents a full classroom and the community's decision to have smaller class sizes.The County's rated capacity for middle and high schools is the same as the State's rated capacity. Question:Mr.Anikis asked "Who makes the decision if portables are adequate or acceptable?""Is that something that is coordinated with the school board?" Answer:Mr.Kercheval stated that the Board of County Commissioners makes the decision based on recommendations from the Board of Education.If a schooi is above the 85%capacity but is within an area that the County Commissioners feels more homes are needed.such as a revitalization area.they may approve additional development in that area with the use of portable classrooms to accommodate the students generated from the development;however.this decision is coordinated with the Board of Education. Question:Ms.Parrish asked."What is in the pipeline?Is there some type of a matrix to show build-out by school district during each phase of development.what is the time limit to be put on board.what is the estimate of students for elementary.middle and high schools in five years?" Answer:Mr.Blum stated that the Board of Education has a six-year enrollment and capital improvement plan that addresses development that affects each school and shows build-out rates by year.This plan is not continuously updated.Each plat that is submitted to the County is sent to the Board of Education's 121 Facilities Department tor review.The Facilities Department calculates the capacity tor the affected school to determine if there is capacity available for the development. Question:Mr.Reiber asked how many lots are there currently proposed for development? Answer:Mr.Thompson stated there are approximately 11,000 lots within the city and the county in various stages of approval.There are approximately 6,500 lots that have final approval with approximately 2,500 lots that have not been built on to date. Question:Mr.Moser asked if the Board of County Commissioners would have dictatorial power in area municipalities to approve or disapprove development. Answer:Mr.Kercheval stated that the BOCC does not have dictorial power,but they do have concerns regarding more growth in some areas of the County (i.e.Boonsboro and Hagerstown)and the effects on schools in those areas. Question:Mr.Ardinger asked at what point will the Board of Education begin to assess the general areas where schools are needed and land acquisition will take place and how many years will it take to get the schools in place. Answer:Mr.Blum stated that the County has a six-year facilities plan.There is an enrollment forecast based on the approved development units and the potential for the County to absorb those units.The BOE compares the enrollment forecast with the space in the schools and identifies seat deficits from which a CIP is developed.The CIP requests school construction and additions in order to create enough seats to accommodate the incremental enrollment that creates a deficit.The BOE requests the funding from the Board of County Commissioners,who either approves or denies the funding.The County has declined a request for land acquisition and has approved funding for three planning projects that will add additional seats to the schools . .Mr.Ardinger suggested another workshop should be held when the new planning manager is hired to reiterate the concerns of the Planning Commission and to begin a consistent dialog between the Board of Education and the Planning Commission. Demolition Permitting Process A demolition policy change proposal submitted by Mr.Anikis was distributed to the members for their review.Mr.Goodrich began by stating that the goal of the current policy is to encourage preservation of historic structures;however,the policy offers no standard guidelines.Under the policy,as established by the Board of County Commissioners in 1989,the Planning Commission may offer only recommendations for preservation and does not have the authority to deny demolition of any historic structure.Other counties make demolition permitting a part of their local law.Mr.Anikis stated that Anne Arundel County has an Ordinance that established a Board that includes an archaeologist,the county historical planner and an architect.When a developer requests a demolition permit,the Board reviews the historic content of the structure and if it can be recovered,rehabilitated or restored,and the contribution the structure makes to the area.If the Board denies the permit,the developer may only appeal the decision to the circuit courts. Mr.Anikis presented the following amendments to the current policy: •For properties listed on the Maryland State Survey of Historic Sites or the National Register of Historic Places,an applicant willing to preserve such sites would be granted either one or two additional lots by the Planning Commission above that allowed by applicable zoning or be granted an exemption from the excise tax on one building permit. •Properties eligible for listing,based upon a recommendation from the Historic District Commission,would receive the same consideration.The HOC wouid be responsible for determining the historic/architectural value of preserving such properties to ensure that the developer is not attempting to gain an advantage in additional lots for simply preserving a neglected property with iittle significance. •If the applicant proceeds with plans to seek a permit for demolition,the applicant will be required to record significant structures through photographs and/or measured drawings as specified by the HOC.Before demolition,the applicant shall work with the HOC and other interested parties to salvage usable architectural materials and features. Mr.Kercheval believes that if the County believes an historic structure is valuable and wishes to preserve it,then the County should purchase the property and not require the individual who purchased the property to preserve it if they do not wish to do so.However,he believes additional lot incentives are a good alternative, but he does not support the excise tax exemption. Mr.Goodrich noted that the recently adopted changes from the rural area rezoning include extra subdivision lots as incentives for retention of historic sites in Historic Preservation zoning. Some members of the Commission would like to see an adopted policy giving authority to approve or deny the demolition of historic structures.Mr.Ardinger believes a Board with qualified professionals,like 122 Anne Arundel County,could be established and would be more competent to handle the demolition permitting process of historic structures. Mr.Anikis made a motion to have the Planning Staff modify the existing Ordinance regarding historic demolition permits'io allow the Historic District Commission to recommend to the Planning Commission a one or two additional lot bonus for a developer requesting the demolition of an historic structure, Seconded by Mr.Reiber.Unanimously approved.. (Mr.Anikis left at 3:00 p.m.) Department of Water Quality Presentation Mr.Greg Murray of the Department of Water Quality distributed and summarized the Wastewater infrastructure Management Plan for the Hagerstown Urban Growth Area,The Department of Water Quality has identified the remaining capacity availabie and the need for additional capacity at the various treatment facilities in the Urban Growth Area.A growth rate of 4%was used to calculate the estimated EDU's needed.Capacity allocations are separated into several categories."Future planned development"is development that the County knows is going to occur in a certain location at a certain density and allows the Department of Water Quality to determine how many EDU's per gross acre each development is going to use."Future existing development"depicts areas with existing septic systems inside the Urban Growth Area that will be connected to public sewer in the future."Inside corporate boundaries"depict pianned development (areas that are already cited for allocation)and future planned development (includes vacant acreage and how It will be developed and improved acreage that is unoccupied or under-utilized).Mr.Murray stated there are several factors that can influence capacity to help facilitate growth goals without running out of capacity:changes in technology;regulatory initiatives; agricultural and nutrient management plans;and nutrient trading with other areas in the watershed permitting process. ·Mr.Murray concluded that growth is continuing to accelerate in a method that is planned and can be handled if there is a cooperative effort by all the major utilities that operate in the area.If there is not a cooperative effort,certain localized areas may experience limitations or restrictions in the amount of growth in housing or business.Overall capacity is currently available and that capacity can be utilized in various drainage basins if there is a cooperative effort.If there are not some regulatory initiatives, technological enhancements,and other options to allow for capacity to come into the County,the capacity wili be gone. Mr.Ardinger recommended that the Planning Commission encourage the cooperation of all agencies and major utilities in order to execute transfer agreements that would interconnect City and County systems. UPCOMING MEETINGS 1.Regular Planning Commission meeting,September 12,2005,7:00 p.m.,County Administrative Annex,80 West Baltimore Street 2.Joint Public Hearing,September 19,2005,7:00 p.m.,Washington County Court House, Room #1,95 West Washington Street 123 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -SEPTEMBER 12,2005 The Washington County Planning Commission held its regular meeting on Monday,September 12,2005, in the Washington County Administrative Annex,80 West Baltimore Street,Hagerstown. Members present were:Chairman Don Ardinger,R.Ben Clopper,Linda Parrish,Bernard Moser,George Anikis,Terry Reiber,and Ex-Officio James F.Kercheval.Staff members present were:Planning Director Michael C.Thompson,Chief Senior Planners Stephen T.Goodrich and Timothy A.Lung,Senior Planner Lisa Kelly Pietro,Associate Planners Jill Baker and Misty Wagner-Grillo,and Administrative Assistant Debra Eckard. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 7:00 p.m. MINUTES Discussion:Mr.Kercheval noted in the August 1,2005 Regular Planning Commission minutes within the Williamsport Ventures.LLC (PC-05-0191 preliminary consultation,the statement regarding the sewer allocation limit of 50 units per year is incorrect.He has spoken with Mr.Greg Murray of the Department of Water Quality regarding this issue.Mr.Murray has stated that the developer has not been limited to 50 units per year.Mr.Kercheval explained that the County has a 20-year plan that allows 1,000 EDU's for development each year for a period of 20 years.At any point,if allocations exceed 1,000,the County may begin limiting permits.When development plats are reviewed,the Department of Water Quality determines the amount of allocation available at that time . .Mr.Moser made a motion to approve the minutes of the August 1,2005 Planning Commission Regular meeting as amended.Seconded by Mr.Clopper.Unanimously approved, Mr.Anikis made a motion to approve the minutes of the August 4,2005 Planning Commission Workshop meeting as amended.Seconded by Mr.Moser.Unanimously approved. NEW BUSINESS -VARIANCES Carl and Patricia Reed (SV-05-030) Ms.Wagner-Grillo presented a request from Carl and Patricia Reed to waive the 10-year resale restriction as noted on the subdivision plat recorded on October 9,1999 for Lot 3,Anna Reed Subdivision.The property is located at 8812 Lums Lane.The 10-year resale restriction statement does not allow the property to be conveyed to any person other than a family member for a period of 10 years without the approval of the Planning Commission.The Planning Commission granted approval to waive the 10-year resale restriction on Lot 1 in May 2005 due to financial hardship and the Director of Planning waived the 10-year resale restriction on Lot 2 in February 2005 due to the death of the owner's husband.The reasons for the request are physical and financial hardships,as outlined In a letter dated July 20,2005. Mr.Moser made a motion to grant the waiver for Lot 3.Seconded by Mr.Anikis.Unanimously approved. Daniel M.Tedrick (SV-OS-029) Ms.Wagner-Grillo presented a request from Daniel M.Tedrick to waive the 10-year resale restriction as noted on the subdivision plat approved October 13,1997,for Lot 2,Estate of Roger E.Tedrick.The property is located at 11427 Ernstville Road,Big Pool.The 10-year resale restriction statement does not allow the property to be conveyed to any person other than a family member for a period of 10 years without the approval of the Planning Commission.The reason for the request is due to financial hardship, as outlined in a letter dated August 3,2005. Mr.Reiber made a motion to grant the waiver for Lot 2.Seconded by Mr.Anikis.Unanimously approved. -SUBDIVISIONS Freedom Hills,Phase 11,Lots 26-99 (PP-OS-004) Ms.Pietro presented for review and approval the preliminary plat for Freedom Hills,Phase II,Lots 26-99. The property is located along the north side of Garden View Road,Maugansville.The developer is proposing 26 single-family lots and 48 semi-detached lots for a total of 74 lots on 24 acres,22 acres will remain.The property is zoned Rural Residential.Public water and sewer will be provided by the City of Hagerstown.There will be no direct access to Garden View Drive.The Forest Conservation requirement was addressed during the approval process of Phase I and will be met by planting 4.64 acres of trees with the partial payment in lieu of for 4.72 acres having been paid.According to a letter submitted on June 29,2005,the developer has an agreement with Mr.Gene Albert to remove the timbers from the historic barn structure located on the property to be reused on another site.All agency approvals have been received. 124 Comment:Mr.Kercheval stated his concern regarding the capacity of schools affected by this development.He wouid like to have the final plats for developments presented to the Planning Commission.He feeis that the Commission needs to be consistent when making decisions that will affect school capacity issues. Discussion:Mr.Goodrich stated that the school capacity chart distributed to the Planning Commission, includes students generated by all subdivisions that have received final plat approval up to September 1, 2005.Official enrollments as of September 30 'h are used to determine school capacities.Adjustments will be made for the new Maugansville School. Mr.Kercheval made a motion to grant preliminary plat approval;however,the final plat must be presented to the Planning Commission at the October 3,2005 meeting for their approval.Seconded by Mr.Anikis. Comment before the Vote:Mr.Clopper stated that it Is the responsibility of the Planning Commission to uphold all County ordinances and he feels that anytime there is a question regarding policies or regulations,the issue should be presented to the Planning Commission. Unanimously approved. Hunter's Green Business Park (5-05-082)Ryan Incorporated Central (SP-05-028) Ms.Pietro presented for review and approvai the preliminary/final plat for Lots 8 and 9,Hunter's Green Business Park and the site plan for Lot 8 for Ryan Incorporated Central.The site is located along the south side of Hunter's Green Parkway and is zoned HI-1.Proposed Lot 8 is 7.7 acres and proposed Lot 9 is 6.74 acres.Both lots will be served by public water from the City of Hagerstown and public sewer from the Washington County Department of Water Quality.The Forest Conservation requirement will be met by planting trees on approximately 1.85 acres on Lot 8 and .32 acres on Lot 9.All agency approvals have been received. Ryan Incorporated.Central is proposing to construct a contractor's office and storage yard on Lot 8.The proposed office will be approximately 50'x 100'and the maintenance and storage building will be approximately 60'x 100'.There will be 5 office employees and 4 warehouse employees.Lighting will be bUilding mounted and pole mounted throughout the parking area.A sign 'will be located at the entrance and also building mounted.Hours of operation will be Monday through Friday,7:00 a.m.to 6:00 p.m.Six parking spaces are required and 12 parking spaces will be provided.Proposed deliveries are two or three trucks daily.A screened dumpster will be provided.An 8-foot chain link fence will be provided around the bUilding and storage yard.Landscaping will be provided along the eastern property boundary and around the entrance sign that will include a mixture of ornamental grasses and evergreens.The Board of Appeals granted a special exception on March 18,2005 for a contractor's storage yard.All agency approvals have been received. Mr.Clopper made a motion to approve the preliminary/final plat and Forest Conservation,as presented. Seconded by Mr.Anikis.Unanimously approved. Mr.Reiber made a motion to grant site plan approval.Seconded by Mr.Clopper.Unanimously approved. Sunset Meadows,Section B,Phase 81 (5-05-134) Ms.Baker presented for review and approval the final subdivision plat and forest conservation plan for Section B,Phase B1,Sunset Meadows.The property is located at the northeast corner of Hicksville Road and St.Paul Road in Clear Spring.The developer is proposing 11 lots on 19.29 acres and the property is zoned Agriculture.Two new streets will be constructed:Fennel Drive and Saffron Court.A storm water management pond will be constructed.The lots will be served by on-site well and septic. The development is located in the Clear Spring Elementary,Middle and High school district.The Forest Conservation requirement will be met by on-site planting of 3.26 acres in priority areas located on the site. All agency approvals have been received. Discussion:Mr.Kercheval stated that Clear Spring Elementary School is currently over capacity by 45 students.His recommendation would be for the Planning Commission to deny final plat approval for this subdivision;however,if a mitigation agreement is approved by the Board of County Commissioners or changes occur in the area that brings the school under capacity,the Planning Commission could authorize Mr.Thompson,Director of Planning,to approve the final plat. Several Commission members stated they feel that the Planning Commission needs to be consistent in their decisions and the actions that need to be taken to handle the school capacity issues with all future developments. Mr.Thompson quoted Section 5.2d,Adequacy Determined,of the Zoning Ordinance,"Final approval will not be granted for developments in the review process until the affected school or schools obtain adequate status".Mr.Thompson stated that the Planning Commission determines the adequacy of public schools.The proposed amendments to the APFO wili require developers to have an acceptable mitigation agreement with the County before final plats will be presented to the Planning Commission. Mr.Moser made a motion to deny final plat approval based on school inadequacy and that the final plat will be presented after an acceptable mitigation agreement is approved by the Board of County Commissioners.Seconded by Mr.Anikis.The finai plat was unanimously denied.Mr.Reiber abstained. 125 -SITE PLANS Yogi Bear's Jellystone Park (SP-OS-042) Mr.Goodrich presented for review and approval the site plan for Yogi Beqr's Jellystone Park expansion. The property is located on the south side of Lappans Road east of Williamsport and west of the intersection of Maryland Routes 68 and 632.The owner is proposing to construct a water par~consisting of a pool with a water slide structure,a volleyball court,playgrounds and a pool house and to add 77 campsites for recreational vehicles and 21 cabin sites on approl(imately 14 acres.The owner is proposing to abandon 18 current campsites;therefore,there will be a total of 264 c<lmpsites upon completion of the expansion.A typical cabin site is 60'x 60',inclUding parking,and a typical RV site is 31'x 60'.A storm water management pond and pumping station will be constructed.The existing on-site septic system will be abandoned and all effluent from the site will be pumped into the existing public system,the connection being in the proposed Eimwood Farm subdivision.The site is located in the Rural Area and was zoned Agriculture prior to the recenliy adopted Rural Rezoning.The site is currently zoned Rural Business Existing.The plan has been reviewed and meets all required criteria using both zoning designations.The owner will not be clearing enough forest during the development to require any mitigation at this time.Approvais have not been received from the Health Department,Washington County Department of Water Quality,and Washington County Engineering Department. Mr.Moser made a motion to grant site plan approval contingent upon all agency approvals.Seconded by Mr.Reiber.Unanimously approved. -PRELIMINARY CONSULTATIONS Giovanni Orcino (PC·OS-021) Ms.Pietro presented for review and comment the preliminary consultation for Lots 7-17,Giovanni Orcino. The property is located along the west side of Rohrersville Road.The developer is proposing 11 single- family residential lots on approximately 38 acres.At the time of the preliminary consultation,the property was zoned Conservation.Due to the adoption of the Rural Rezoning,the property is currenliy zoned .Preservation. Discussion:Mr.Moser asked if the developer is willing to comply with the recommendations made by the Department of Fire and Emergency Services regarding the installation of a dry hydrant and 20,000 gallon underground storage tank.Mr.Frederick,the developer's consultant,stated that the owner is willing to install one of the recommended water supply sources;however,according to the written comments by Fire and Emergency Services,they are recommending both water supply sources.Mr. Frederick will contact Fire and Emergency Services to verify their recommendation.Mr.Reiber stated there are no regulations to enforce the recommendations of the Department of Fire and Emergency Services. Mr.Frederick commented that the development would be ready to begin the preliminary plat process in approximately 3 to 5 months.Mr.Kercheval noted that the schools serving this proposed development (Boonsboro Elementary,Middle and High)are already over capacity and there are approximately 200 new elementary students currently in the pipeline for Boonsboro. Comment:Mr.Moser shared his concern that this area is changing rapidly and hopes the developer will make this subdivision as aesthetically pleasing as possible. Arnett Farm Development (PC-OS-020) Mr.Lung presented for review and comment the preliminary consultation for the Arnett Farm Development.The property is located along the west side of Maryland Route 65,north of Rench Road and is zoned HI-1 and HI-2 in the Urban Growth Area.The developer is proposing 300 apartment units in 9 buildings,22 townhouse units in 5 blocks,and 9 commercial lots on approximately 60 acres.This development involves the first section of the relocated Rench Road on the west side of Maryland Route 65 and will line up with Batlie Creek Boulevard.Other issues discussed during the preliminary consultation included the eventual ~eed for an elevated grade crossing at the railroad tracks on Rench Road,pedestrian access from relocated Rench Road to Col.Henry K.Douglas Drive,the design of the streets (open section vs.closed section),a buffer yard will be required for the HI-2 zoned section of the property that is contiguous to a proposed residential development,the parcel designated for proposed townhouses needs to be at least 5 acres in size.It was also pointed out that the schools that would serve this development are currently over capacity,and sewer allocation would be based on availability at the time of application.A Forest Stand Delineation was prepared for this site and shows no existing forest on the property.A Forest Conservation worksheet was not provided to determine the exact Forest Conservation requirements;however,based on the 15%mitigation used for high-density residential and commercial development,approximately 6 acres of Forest Conservation would be required.According to the consultant,some area around the storm water management area should be available for forest conservation.Planting between different land uses is considered a priority area and could also be used for forest conservation.The developer is requesting partial off-site planting or payment in lieu of to meet the Forest Conservation requirement. Discussion:Mr.Anikis expressed his concern about the layout of the apartment buildings and expressed concern regarding the traffic patterns on Sharpsburg Pike at the Shell station and McDonald's. He would like the detailed traffic study,reqUired by the Engineering Department,to include this area.Mr. Frederick stated that the State Highway Administration has requested the area to be included in the traffic 126 counts.Several engineering firms will be working together on the traffic study.The Washington County Engineering Department is currently reviewing traffic counts and determining a scope for the study. Mr.Frederick clarified the developer's request for Forest Conservation.The developer is proposing 25% of the Forest Conservation planting requirements around the storm water management pond and 75% mitigation for off-site planting. Mr.Frederick stated that proposed amenities for this deveiopment include a piayground area,basketball court and play fields/open spaces. Mr.Kercheval stated that the 'schools in this area are a concern with approximately 1,200 students already in the pipeline and there is currently no resolution for the school capacity issue in this area. Comment:Mr.Lung stated that the developer,in a letter dated August 30,2005,has proffered a 2 to 1 ratio for off-site planting to meet forest conservation requirements. Clarification of Forest Conservation request:Mr.Frederick stated that the minimum on-site planting would be 25%with a maximum off-site planting of 75%.The developer will plant more trees on-site,if possible,to meet the requirement. Comments:Mr.Clopper and Ms.Parrish stated they believe the requirement should be met with on-site planting.Mr.Kercheval stated that the State DNR encourages on-site planting and requires justification for extenuating circumstances that prevent on-site planting.Mr.Ardinger stated that he willingly argues in support of payment in lieu of most of the time because he feels it does more good;however,this is his own personal opinion.He also noted that the DNR expressed their concern that Washington County is not·upholding the priority system as well as they should.Mr.Prodonovich,WASHCO Development, stated there are other environmentally sensitive areas that would benefit the County with off-site planting such as Sunset Meadows. 'Mr.Ardinger suggested that the forest conservation issue be tabled until the October 3,2005 Planning Commission meeting.Mr.Anikis requested documented justification why the State's priority cannot be met on-site.Mr.Lung suggested that a qualified professional should write the documentation. No action required. -OTHER BUSINESS South Pointe P.U.D.Development Plan and Modification Ms.Wagner-Grillo presented for review and approval a setback modification for Lot TH-110,137 Southern Oak Drive.The lot is .11 acres and is zoned RS with a PUD overlay.The developer is requesting a reduction in the side yard setback from 10 feet to 2 feet to accommodate an 11'x 13'roof over an existing patio.The developer,Mr.Crampton,stated this request is for an existing town home. Mr.Anikis made a motion to approve the setback modification.Seconded by Mr.Kercheval. Unanimously approved. Claggetts Mill/Roulette Property Ms.Pietro presented for review and approval a request to use the simplified plat process to allow for the creation of a 6.2-acre lot,not for deveiopment,that is entirely within the FEMA 100 year flood plain.The property is iocated south of Poffenberger Road and is currently owned by Elm Street Development. Mr.Moser expressed his concern regarding the sight distance problem at the bridge due to weed control maintenance.In the past,the County has been responsible for maintaining the area;however,this issue has been discussed with Elm Street Development. Mr.Anikis made a motion to grant the request;however,a determination of responsibility for weed control maintenance needs to be clarified.Seconded by Mr.Moser.Unanimously approved. Shenandoah Estates Ms.Pietro presented for review and approval a request to establish a 1,000-foot cul-de-sac at Shenandoah Estates located off Bakersville Road.In December 2004,the concept plan presented at the preliminary consultation showed a cul-de-sac with a length of 1,200 feet.When the Preliminary Plat was submitted,the cul-de-sac length was shortened to 1,000 feet.The Planning Commission has been reviewing the issue of cul-de-sac length and a text amendment was heard at a public hearing on March 14,2005.However,the text amendment failed during the County Commissioner's vote.Upon receipt of the preliminary plat,Ms.Pietro sent a copy to Mr.Kroboth,Department of Fire and Emergency Services, for his review and recommendation.Mr.Kroboth recommends that the developer reconfigure the lots to limit the cul-de-sac length to 800 feet,install a dry hydrant assembly at Bakersville Road over Marsh Run Stream and/or install a 20,000-gallon underground storage tank within the development. Mr.Reiber made a motion to grant the request for a 1,OOO-foot cul-de-sac due to the lack of density of lots proposed in this subdivision.Seconded by Mr.Anikis.The motion passed with Mr.Reiber,Mr.Anikis, Mr.Kercheval,Mr.Clopper and Ms.Parrish voting "Aye"and Mr.Moser voting "Nay". 127 Mr.Anikis made a motion that the Planning Commission establishes a policy that cul-de-sacs will not exceed 800 feet in length regardless of the number of lots.The policy should be noted at all future preliminary consultations.Seconded by Mr.Moser. Discussion:Mr.Reiber requested a legal opinion to establish what policies adhere to the current and future members of the Planning Commission.He suggested that this issue be discussed at a future Workshop session and a poiicy estabiished at that time.Mr.Thompson stated that the County Engineering Department is in the process of updating design manuals and standards and may include the length of cul-de-sacs in the new guidelines.However,the time line to have the new standards adopted has not been established. Mr.Anikis amended his motion to request a legal opinion to be obtained from the County Attorney citing the concern for public safety to establish this policy until County Ordinances can be updated.Seconded by Mr.Moser. Comment:Mr.Kercheval stated that he is opposed to establishing such a policy.He feels there are areas where the limitation will not be appropriate. Mr.Anikis's amended motion was unanimously approved. CitY/County Meeting Mr.Thompson stated that he has been contacted by Ms.Kathy Maher,Director of Planning for the City of Hagerstown.The City is holding regular meetings with their consultant to update the City's Comprehensive Plan.Ms.Maher feels that a joint meeting with the City Planning Commission and the Washington County Planning Commission would be beneficial to establish a line of communication between the two entities. Mr.Anikis would like the City to establish issues to be addressed during this meeting.Mr.Thompson will contact Ms.Maher to develop an Agenda before the October 3,2005 Planning Commission meeting. Joint Rezoning Hearing Date Mr.Thompson stated that the Joint Rezoning Hearin~scheduled for November 14th might need to be changed.Possible dates would be November 9th or 10t •The change will be announced at a later date. Workshop Meeting Date A Workshop meeting date will be discussed at the October 3,2005 regular Planning Commission meeting. Additional Items Mr.Thompson stated that the Maryland Citizen's Planners Association will be holding their annual conference on October 13 and 14,2005 in Hagerstown.Any Commission member interested in attending the conference,please contact Mr.Thompson.There is training money available in the bUdget. Mr.Thompson announced the promotion of Mr.Timothy A.Lung to Chief Planner for the current planning operations of the Planning Department. UPCOMING MEETINGS 1.Joint Rezoning Hearing,Monday,September 19,2005,7:00 p.m.,Washington County Court House,Room #1,95 West Washington Street. 2.Regular Planning Commission meeting,Monday,October 3,2005,7:00 p.m.,Washington County Administrative Annex,80 West Baltimore Street n Mr.Moser made a motion to adjourn the meeting at 10:30 p.m. 128 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -October 3,2005 The Washington County Planning Commission held its regular meeting on Monday,September 12,2005, in the Washington County Administrative Annex,80 West Baltimore Street,Hagerstown. Members present were:Chairman Don Ardinger,R.Ben Clopper,Linda Parrish,Bernard Moser,George Anikis,Terry Reiber,and Ex-Officio James F.Kercheval.Staff members present were:Planning Director Michael C.Thompson,Chief Planner Timothy A.Lung,Senior Planners Lisa Kelly Pietro and Jill Baker, and Administrative Assistant Debra Eckard. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 7:00 p.m. Mr.Thompson noted that the Black Rock P.U.D.Final Development Plan is scheduled to be heard under Other Business th'ls evening.The Planning Commission's approval in August,2004 of the Preliminary Deveiopment Pian has been appealed.A motion to disaliow that appeal has been fiied by the developer. This motion and a written argument from the appeliant are scheduled to be heard by the Board of Zoning Appeals on October 26,2005. Discussion:Mr.Ardinger expressed his concern that any action taken by the Planning Commission this evening may be detrimental because the Commission may not have ali of the pertinent facts to render an appropriate decision.Several members shared his concern. Mr.Moser made a motion to table review and action regarding the Black Rock P.U.D.Final Development Plan pending action of the Board of Zoning Appeals.Seconded by Mr.Reiber. Comment:Mr.Clopper stated that he believes the Commission should go ,ahead and review the plan as requested by the developer. Mr.Moser's motion passed with Mr.Moser,Mr.Reiber,Mr.Anikis,Ms.Parrish and Mr.Kercheval voting "Aye"and Mr.Clopper voting "Nay". MINUTES Mr.Anikis made a motion to approve the minutes of the September 12,2005 regular Planning Commission meeting as amended.Seconded by Mr.Clopper.Unanimously approved. OLD BUSINESS Arnell Farm Development (PC-OS-020) Mr.Lung stated that during a discussion regarding the Preliminary Consultation for the Arnett Farm Development at the September 12th Planning Commission meeting the developer requested partial off- site planting to meet the Forest Conservation requirement for this development.The Planning Commission did not take any action pending additional information to justify the developer's request.On September 19th a letter was received from Washco Development stating that the forest conservation requirement could be met by on-site planting and asked for their previous request to be withdrawn.On October 3'd,another letter was received by the Planning Department indicating that off-site planting was again being requested.The Staff has not been able to review this correspondence.Mr.Lung requested a continuance until the November 7'h Planning Commission meeting in order to aliow the Staff time to review the correspondence and make their recommendations to the Commission. Mr.Clopper made a motion to table the reforestation request as recommended by Staff until the November 7'h Planning Commission meeting.Seconded by Mr.Moser. Comment:Mr.Anikis stated that the justification for the reforestation request should be made in writing and finalized at the November 7'h meeting. Mr.Clopper amended his motion to include Mr.Anikis's recommendation for written justification. Seconded by Mr.Moser.Unanimously approved. NEW BUSINESS -VARIANCES Vincent P.Smith,II (SV-OS-033) Ms.Baker presented for review and approval a variance to request a new building lot with a panhandle of approximately 900 feet.The Ordinance aliows a maximum panhandle of 400 feet.The property is located on the north side of U.S.Route 40 (National Pike)west of Huyetts Crossroads.The property is zoned Environmental Conservation.The property would be served by on-site weli and septic.The owner is claiming a hardship due to the irregular shape of the property.The lot is approximately 200 feet wide and very deep. 129 Discussion:Mr.Anikis expressed his concern regarding fire and emergency equipment being able to adequately serve the property in case of an emergency.Mr.Reiber stated his concern regarding the adequacy of the lane for emergency equipment. Mr.Clopper made a motion to grant the variance.Seconded by Mr.Kerch<1v3.1. Comment:Mr.Reiber requested that the applicant consider the construction of an adequate lane to handle heavy equipment to insure proper access for emergency equipment. Mr.Clopper's motion passed with Mr.Clopper,Mr.Kercheval,Ms.Parrish and Mr.Reiber voting "Aye" and Mr.Moser and Mr.Anikis voting "Nay". -SUBDIVISIONS Freedom Hills,Section B,Lots 26-99 (S-05-145) Ms.Pietro presented for review and approval the final plat for Freedom Hills,Phase II,Lots 26-99 located on the north side of Garden View Road,Maugansville.The property is zoned RR -Rural Residential. The developer is proposing 26 single-family lots and 48 semi-detached lots on 24 acres.Public water and sewer will serve the site.New public streets will provide access to the property with no direct access onto Garden View Road.The Forest Conservation requirement was addressed during the approval process of Phase 1 and will be met by planting 4.64 acres of trees with the partial payment in lieu of from 4.72 acres having been paid.The developer is proposing to restrict Lots 48-99 for persons age 55 and older.Documents will be reviewed by the County Attorney's office regarding the age restriction issue.All agency approvals have been received except for the Health Department and Engineering Department. After review of current enrollment figures from the Board of Education and the targeted opening of the new Maugansville Elementary School in the fall of 2007,this development passes the current APFO test for school capacity. Comment:Mr.Kercheval stated that this development might be limited during build-out due to the City of -Hagerstown's consent order on sewer.The City currently gives the County 25%of the sewer allocation that must be divided between all developers and could limit them to under 25 units per year. Discussion:Commission members and staff discussed including the proposed age restriction as part of the motion.Mr.Thompson noted that by making the developer's age restriction proposal part of the motion,it would provide clarification regarding school capacity issues for the Staff and Commission in moving forward with this development as well as other proposed developments in this area.Mr. Kercheval does not feel that this development should be delayed since it would pass the APFO regulations regardless of the proposed age restriction for Lots 48-99. Mr.Reiber made a motion to approve the final plat based on compliance with the current APFO reguiations and contingent upon approval from the Washington County Engineering Department and the Health Department.Seconded by Mr.Kercheval. Discussion:Mr.Clopper felt a statement regarding the age restriction of 55 and older for Lots 48-99 should be made a part of the motion as an opening statement or at least noted in the minutes.Mr.Moser also believes that the developer's proposed age restriction should be documented in the minutes.Mr. Clopper feels this is an opportunity to restrict children in an already congested area.Mr.Reiber feels there are no regulations in place to prohibit the developer at this time.Mr.Thompson noted that if the developer does not adopt the proposed age restriction at this time,a school capacity issue could exist during the next phase of this development. Mr.Reiber's motion failed with Mr.Reiber,Mr.Kercheval and Ms.Parrish voting "Aye"and Mr.Clopper, Mr.Anikis,Mr.Moser and Mr.Ardinger voting "Nay". Mr.Clopper made a motion to grant final plat approval contingent upon approval from the Washington County Engineering Department and Health Department and acceptance of the developer's proposal to restrict Lots 48-99 for persons age 55 and older.Seconded by Mr.Anikis. Comment:Mr.Reiber stated his opinion that the motion Is putting legal restrictions in place that are not necessary and that are not part of the existing regulations. Mr.Clopper's motion passed with Mr.Clopper,Mr.Anikis,Mr.Moser and Mr.Ardinger voting "Aye"and Mr.Kercheval,Mr.Reiber and Ms.Parrish voting "Nay". -SITE PLANS Massey Collision Repair Center (SP-05-039) Ms.Pietro presented for review and approval a site plan for Massey Collision Repair Center located on the north side of Hunter's Green Parkway immediately west of Hopewell Road.The property is zoned HI- 1.The developer is proposing to construct a 115'x 143'auto body shop including 14 detailing bays,a service area,a paint shop and an office on 2.6 acres.Public water and sewer will serve the site.There will be three office employees and seven service employees.Parking required is 37 spaces and 39 spaces will be provided.Hours of operation will be Monday through Friday from 8:00 a.m.to 5:00 p.m. Solid waste will be collected in a screened dumpster.Two building mounted signs are proposed. Lighting will be building mounted.A proposed fence will be constructed around a majority of the paved 130 area.An on-site pond is proposed to meet storm water management requirements.Landscaping will be placed throughout the site inciuding Red Maples,Leyland Cypress and shrubs.The developer is proposing to meet the Forest Conservation requirement by payment in lieu of in the amount of $1,742.40. All agency approvals have been received. Mr.Moser made a motion to grant site plan approval.Seconded by Mr.Reiber.Unanimously approved. Mr.Reiber made a motion to grant payment in lieu of to meet the Forest Conservation requirement. Seconded by Mr.Anikis.Unanimously approved. -PRELIMINARY CONSULTATIONS Eastern Boulevard Duplex Plan (PC-05-024) Ms.Pietro presented for review and comments a concept plan for the Eastern Boulevard Dupiex Pian located on the north side of Eastern Boulevard,north of its intersection with Klick Way.The developer is proposing 30 semi-detached lots on approximately 5.9 acres.The property is zoned RS -Residential Suburban.Ms.Pietro stated that a letter was received on September 29,2005 expressing the developer's interest in annexing the property into the City of Hagerstown.Ms.Pietro noted there is currently no school bus service available for this subdivision due to its proximity to Potomac Heights Elementary School. Comment:A representative from the Washington County Board of Education was present at the Planning Commission meeting this evening and stated that there may be bus service to this development due to safety issues with crossing the road. Discussion:Mr.Anikis expressed his concern regarding only one entrance into the development.He recommended a second entrance be provided to allow for better accessibility in and out of the development.Mr.Moser recommended that provisions for school bus access should be addressed. 'No action required. -OTHER BUSINESS Mr.Thompson distributed a letter written by the Department of Permits &Inspections to the Bethel United Methodist Church regarding several non-conformity issues for a previously approved site plan.A meeting has been requested to resoive these issues. Mr.Thompson presented a draft of Poi icy #23 regarding the issue of the length of cul-de-sacs.Formai action to adopt the Policy will be taken at the November 7,2005 meeting. Mr.Thompson stated that the City of Hagerstown expressed interest in a joint meeting with the Planning Commission to discuss zoning issues in the Urban Growth Area that are pertinent to both the City and the County.Mr.Thompson suggested contacting the City to schedule a meeting on Monday,October 24 th at 2:00 p.m.Members will be contacted with a definite date and time. Mr.Ardinger recommended scheduling a workshop at the November 7'h meeting. Mr.Thompson stated that the Department of Permits and Inspections has issued an increasing number of permits over the past several years.All totals are based on records from October 1st to September 30 th each year.Total permits issued for unincorporated areas are as follows:2000-2001 -689 permits; 2001-2002 -730 permits;2002-2003 -787 permits;2003-2004 -837 permits;and 2004-2005 -926 permits. Mr.Anikis stated that the Affordable Housing Task Force has completed a draft report and will hold a joint pUblic hearing with the Board of County Commissioners on Wednesday,October 5,2005,to receive public input. -UPCOMING MEETINGS 1.Regular Planning Commission meeting,Monday,November 7,2005,7:00 p.m.,Washington County Administrative Annex,80 West Baltimore Street. 2.Joint Rezoning Hearing,Monday,November 14,2005,7:00 p.m.,Washington County Court House,Room #1,95 West Washington Street. ADJOURNMENT Mr.Clopper made a motion to adjourn the meeting at 8:55 p.m.Seconded by Mr.Anikis.So ordered.R7(r~'~"b/J @111J-' Don P.Ardinger,Chairman 131 WASHINGTON COUNTY PLANNING COMMISSION WORKSHOP MEETING -October 24,2005 The Washington County Planning Commission held a joint workshop meeting with members of the City of Hagerstown Planning Commission on Monday,October 24,2005 at 2:00 p.m.in the Washington County Administrative Annex,Conference Room #1,80 West Baltimore Street,Hagerstown,Maryland. Washington County Planning Commission members present were:Chairman Don Ardinger,George Anikis,Terry Reiber,Bernard Moser,and Linda Parrish.City of Hagerstown Planning Commission members present were:Chairman Doug Wright,Jim Stone and Martin Brubaker.Washington County Planning Staff members present were:Michael Thompson,Stephen Goodrich,Timothy Lung and Debra Eckard.City of Hagerstown Staff members present were:Kathy Maher and Steve Bockmiller. CALL TO ORDER Washington County Planning Commission Chairman Don Ardinger called the meeting to order at 2:05 p.m. OPENING COMMENTS Mr.Thompson noted that it has been approximately ten years since the two Commissions have met.The purpose of today's meeting is to discuss issues that may affect both the City and County in the future. DISCUSSION Mr.Wright distributed an agenda that included discussion topics of consistent land use patterns, annexation of developed property,expansion or contraction of the Urban Growth Area, and the desire for more frequent meetings.Mr.Wright began the discussion by stating that when land is annexed,the .proposed land use zoning must be compatible with the Comprehensive Plan use.He asked that when the County begins updating the Comprehensive Rezoning inside the Urban'Growth Area,consideration should be given to the land use and zoning of nearby property within the City.Mr.Wright also noted that an annexation agreement is required for developers to get water and sewer service in areas being developed around the City. Mr.Thompson informed the two Planning Commissions that in November he will begin presenting proposed City annexations to the County Planning Commission for their review and recommendation. Currently,the Staff presents the proposals directly to the Board of County Commissioners for their concurrence or express approval of the proposed zoning.The County Planning Commission will be asked to make a recommendation to the Board. Mr.Thompson stated that the Planning Staff will be developing a timeline in the near future to begin work in making zoning consistent with the Comprehensive Plan and to review land uses within the various zoning districts.A task force will be utilized to make suggestions and recommendations to the Planning Commission and the BOard of County Commissioners regarding specific items that should be addressed during the review process. Ms.Maher stated that the City has begun looking at their Comprehensive Plan process for underutilized and vacant properties adjacent to County properties and what their land use should be under the 2006 City Comprehensive Plan.Some of their ideas for use of these properties are inconsistent with the County's Comprehensive Plan because of the low density residential areas recommended around the City.The City anticipates the adoption of their new Comprehensive Plan by the end of September,2006. A new land use category is being considered to differentiate between Commercial General (retail)and Commercial Business.Commercial Business land use wouid include offices and service type businesses.Currently there are four commercial land use designations:C1 includes neighborhood commercial with a variety of low intensity uses;C2 is Commercial General which is a wide variety of uses but does not allow a Big Box store;C3 is the downtown area;and C4 is the Big Box stores or regional shopping center district.The County Planning Commission expressed their interest in reviewing the City's land use recommendations for the area around the City In their Plan update project. Sewer and water capacity limitations are an issue of cOncern for both the City and the County. Approximately 1,000 units per year are available for the next 20 years,including municipalities.There was a brief discussion regarding the need to determine the City'S density goals and whether land use recommendations should reflect sewer capacity issues. Mr.Wright discussed the issue of annexation of developed areas along the City's boundaries,such as Potomac Manor and Colonial Park.Annexation of these areas would create more rational boundaries for continuity of urban services to be developed.He suggested the idea of a joint incentives program such as tax rebates,deferral of taxes,implementing taxes,etc.to encourage property owners to annex these properties. Mr.Thompson stated that the County should consider developing urban design standards pertaining to sidewalks,street lighting,etc.for new developments within the Urban Growth Area.A need for better connections between developments is also an issue that needs to be addressed to provide continuity between the developments. 132 The City expressed concern regarding recent expansions to the County's Urban Growth Area granted by the Board of County Cornmissioners,The County Planning Commission noted that they were not in favor of the expansions that were made. Mr,Ardinger noted that the Planning Commission recently met with a representative from the Board of Education.A new planner has been hired by the Board of Education and the County Planning Commission has requested a meeting with her once she has become settled in the position,Mr,Stone expressed concern that schools within the City are not being properly maintained,The City Planning Commission would like to see new schools established within the City because they create a sense of real community spirit.The City is proposing the preparation of a map to identify recommended areas for new schools,fire stations,etc.Mr.Thompson noted that the County Planning Staff is updating school enrollment capacity figures each month that includes the potential capacity resulting from new developments in the County;however,City development is not included in those figures.Both Commissions agree that more communication with the Board of Education would be beneficial. Mr.Anikis began a brief discussion regarding recent announcements of development plans in the downtown business community.Ms.Maher stated that City staff is il)volved with several different committees created by the business community (i.e.Greater Hagerstown Committee,Chamber of Commerce).Both Commissions feel that more communication with the business community would be beneficial. Mr.Stone initiated a brief discussion regarding transportation issues.Both Commissions agreed that better communication between the City and the County is needed on transportation issues to ensure coordination on projects that affect each jurisdiction.Mr.Thompson stated that the City of Hagerstown and Washington County are part of the Hagerstown Eastern Panhandle Metropolitan Planning Organization (HEPMPOj that was recently reviewed by the Federal Highway Administration.He noted that in the near future,Capital Improvement Programs would be required to be reviewed by the MPO for projects to qualify for federal funding.This would include air quality requirements and State projects that are partially funded with Federal government monies. Mr.Ardinger expressed concerns the County Planning Commission has in the review process of large PUD's.There is a lack of traffic data to address citizen concernS about proposed developments.Ms. Maher informed the County of recent City Zoning Ordinance amendments that allows the City Planning Commission to require traffic studies as part of the PUD review process.They also experience similar traffic data problems with annexations.It is difficult to require traffic studies with annexations since no development review is occurring at that stage and plans are not always known at that stage.The City expressed their opinion that having two public hearings,one for the Planning Commission and one for the City Council,aids the review process since it allows the applicant to address concernS raised at the first hearing prior to the second hearing with the legislative body. FUTURE MEETINGS Both Commissions agreed that quarterly joint meetings would be beneficial.The next meeting will be scheduled for February after the City's draft Comprehensive Plan is ready for review.Topics for discussion will include transportation and school issues.It was agreed to invite the City and County engineers to aid in the transportation discussion. ADJOURNMENT Chairman Don Ardinger adjourned the meeting at 4:10 p.m. man 133 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -November 7,2005 The Washington County Planning Commission held its regular meeting on Monday,November 7,2005,in the Washington County Administrative Annex,80 West Baltimore Street,Hagerstown, Members present were:Chairman Don Ardinger,R.Ben Clopper,Linda Parrish,Bernard Moser,George Anikis,Terry Reiber,and Ex-Officio James F.Kercheval.Staff members present were:Planning Director Michael C.Thompson,Senior Chief Planner Stephen T.Goodrich,Chief Planner Timothy A.Lung, Senior Planner Lisa Kelly Pietro,and Administrative Assistant Debra S.Eckard. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 7:00 p.m. MINUTES Mr.Kercheval made a motion to approve the minutes of the October 3,2005 regular Planning Commission meeting as amended.Seconded by Mr.Anikis.Unanimously approved. Comment:Mr.Ardinger stated that annexation requests received by the City of Hagerstown will be reviewed by the Washington County Planning Commission for their comments and recommendations. However,there will not be any formal action taken by the County Planning Commission. OLD BUSINESS Arnett Farm Development (PC-05-020) .Mr.Lung stated that during a discussion at the September 121h Planning Commission meeting,the developer of Arnett Farms requested partial off-site planting to meet the Forest Conservation requirement for the proposed development along Maryland Route 65 north of Rench Road.The Planning Commission did not take any action pending additional information from a qualified professional to justify the developer's request.At the October 3'd Planning Commission meeting,the Planning Commission granted a continuance at the request of the Planning Staff in order to allow Staff time to review additional correspondence received from the developer's consultant.Mr.Lung stated that the developer is proposing to meet the Forest Conservation requirement by planting 3.61 acres of forest (50%of the required mitigation)on-site around the existing farmhouse lot,around the storm water management pond, and buffering the existing residential development along Maryland Route 65 and by planting 50%off-site proffering a 2:1 ratio on other lands owned by the developer at Sunset Meadows. Discussion:Mr.Frederick, Frederick,Seibert &Associates,stated that there is currently no forest on the property.The proposed off-site planting would be on property at Sunset Meadows that has many prior'lty areas including a stream,wetlands and existing forest. Comments:Mr.Kercheval stated that he is more supportive of a plan where planting forest will do more to help the environment and is best for the County as a whole. Mr.Anikis expressed his concern regarding what is in the best interest of the residents liVing in the development without any trees.He also expressed concern regarding the destruction of forests to get higher densities in developments. Mr.Moser expressed concern that more and more developers are requesting payment in lieu of to meet the Forest Conservation requirement in order to develop property with higher densities. Mr.Ardinger stated that he feels trees should be planted in areas where they are the most beneficial for the environment. Mr.Kercheval made a motion to approve the on-site planting as presented and the off-site planting at 2:1 as proffered at Sunset Meadows.Seconded by Ms.Parrish. Discussion before the vote:Mr.Reiber asked how the Forest Conservation plan will be enforced and if there will be deed restrictions,easements,etc?A brief explanation was given noting that Frederick, Seibert &Associates will submit an easement plat that establishes an easement around the planting area to the Washington County Planning Department for approval and will be recorded in the land records of Washington County.An easement for the Sunset Meadows development has previously been established so each development can move forward at their own pace.There is Staff that will monitor the planting areas for conformity to the Forest Conservation requirement. The motion passed with Mr.Kercheval,Ms.Parrish,Mr.Moser,Mr.Reiber and Mr.Clopper voting "Aye" and Mr.Anikis voting "Nay". 134 NEW BUSINESS Misty Valley,Lots 1·10 (PP-OS-003) Ms.Pietro presented for review and approval the Preliminary Plat for Lots 1-10 of Misty Valley located along the east side of Little Antietam Road,south of Leitersburg and zoned Agriculture.The developer is proposing 10 single-family lots on 76 acres with no remaining lands.Lot 1 has an existing house with outbuildings and has direct access onto Little Antietam Road.All other lots would have access onto proposed Brumbaugh Court.All lots will be served by individual wells and septic systems.There will be no development in the existing floodplain area located on a portion of Lot 9.The Forest Conservation requirement will be met by retention of 27 acres of existing forest on the site.Verbai approval has been received from all agencies except the Health Department.The proposed development is in the Old Forge Elementary school district that is currently over capacity. Comment:Mr.Rick Curry,a representative for the developer,stated that the Health Department requested that the following note be added to the plat,"Lots 8,9 and 10 were approved for sand mound systems".He stated that the note has been added to the plat and re-submitted to the Health Department. Discussion:Mr.Curry gave a brief explanation regarding the storm w<iter management plan for the development.He stated that storm water management would be provided through several methods including credits from the new storm water management guidelines for developments with natural area conservation.Another method is a channel design along the cul-de-sac which meets State credit for grass lined channels.Approval has also been given by the County Engineering Department for sheet flow to buffer credits. Mr.Anikis made a motion to grant approval of the preliminary plat and Forest Conservation requirement as presented contingent upon all agency approvals.Seconded by Mr.Moser.Unanimously approved. SITE PLANS 'Pet Retreat at Paramount Farm (SP-OS-043) Mr.Lung presented for review and approval a site plan for Pet Retreat at Paramount Farm.The property is located along the north side of Leitersburg/Smithsburg Road.The developer is proposing to establish a 2,500-square foot kennel with a 1AOO-square foot runway for approximately 40 dogs.The Board of Zoning Appeals granted a Special Exception in March 2005 for the kennel to be established in an Agriculture zoning district and a setback variance from 50-feet to 15-feet where the property is adjacent to the Ruritan Club.The hours of operation will be 7:00 a.m.to 6:00 p.m.Dogs will be boarded 24 hours per day but the runways will not be used after 6:00 p.m.Four parking spaces will be provided inclUding a handicapped space.Access to the property will be off of Leitersburg/Smithsburg Road.All agency approvals have been received. Comment:Mr.Clopper noted that the developer should contact the Health Department to determine the proper method to dispose of the animal waste. Mr.Moser made a motion to approve the site plan.Seconded by Mr.Reiber. Discussion before the vote:Mr.Clopper expressed his concern regarding the animal waste disposal and requested that Staff follow-up with the owner to make sure they are in compliance with appropriate regulations regarding such disposal. Mr.Moser amended his motion to approve the site plan and request Staff to obtain verification of animal waste disposal compliance requirements.Seconded by Mr.Reiber..Unanimously approved. PRELIMINARY CONSULTATIONS Scharf Estates (PC-OS-02S) Ms.Pietro presented for review and comment the preliminary consultation for Scharf Estates located on the west side of Trovinger Mill Road north of its intersection with Jefferson Boulevard.The developer is proposing a 25 lot single-family subdivision on 34 acres.The property is zoned A -Agriculture and is located within the Urban Growth Area.Public water and septic will serve the site. Discussion:Mr.Moser stated his concern regarding sewer issues and the cost of expanding sewer service to outlying areas in the County. Mr.Zoretich of Frederick,Seibert &Associates,stated that the concept plan has been revised per comments received during the Preliminary Consultation.The original design showed two cul-de-sacs in the development;however,the proposed plans have been revised for the same number of lots with a loop road.The forest conservation requirement will be met on-site.The Soil Conservation District indicated concerns for a low-lying drainage area contributing to wet soils in the area.A few of the lots have been made larger to accommodate the location of houses away from the drainage area. Mr.Kercheval noted that developers should establish build-out schedules to help in the planning process with regard to school enrollment capacities and other APFO issues. Mr.Anikis stated his concern regarding safety issues along the railroad track.Mr.Zoretich stated that fencing would be put up along the railroad tracks. 135 No action required. Cloverly (PC-OS-023) Mr.Lung presented for review and comment the Preliminary Consultation for Cloverly.The property is located at the northeast quadrant of Maryland Route 77 and Maryland Route 64 near the Town of Smithsburg.The developer is proposing 72 residential lots on approximately 62 acres.The current zoning based on the recently adopted Comprehensive Rural Rezoning is A -Agriculture and EC - Environmental Conservation.An application for a change in zoning classification to RR -Residential Rural,a Comprehensive Plan amendment and a Water and Sewer Plan amendment has been filed and will be heard at a Joint Public Hearing on November 14,2005.The proposed plans show an access off of Maryland Route 64 that would create a loop road through the development with access to Maryland Route 77.Access controls along Maryland Route 64,currently owned by the State Highway Administration,would need to be broken in order to obtain access.Currently,an agreement has not been established between the developer and the State Highway Administration for this access.A redundant access on Maryland Route 77 would not be permitted due to the minimal amount of frontage.The Town of Smithsburg controls the water service for this area and would require annexation of this property in order to be served by public water per comments by Mayor Myers during the Preliminary Consultation. The property is located in the Washington County Sanitary Sewer Service Area known as Subdistrict 12- Rolling Hills.The County has an agreement with the Town of Smithsburg to provide sewer to this property if there is adequate infrastructure.Currently,there is adequate capacity at the Smithsburg Treatment Plant,however,adequacy of the collection system and the plant's capacity to serve the current UGA may be an issue.The Town owns the collection system in this area and wouid require annexation of this property in order to be served by public sewer per comments by Mayor Myers during the Preliminary Consuitation.Mr.Lung noted that the existing forest shown on the Forest Stand Delineation did not match what is shown on the submitted concept plan as forest easements.·He encouraged the development to be designed around the forest in order.to maintain as much existing forest as possible. He also encouraged the developer to consider using the clustering concept to reduce the amount of paved areas and also to provide a better buffer between the residential development and the active orchard areas nearby.There is currently an historic farmstead located on the property that the developer intends to retain on two separate parcels. Discussion:Mr.Anikis asked when the developer would know if an access would be granted onto Maryland Route 64 by the State Highway Administration.Mr.Russ Townsley,Fox &Associates,Inc., stated that the approving authority,whether it is the Town of Smithsburg or Washington County,would need to write a letter to the State to take responsibility for the maintenance of the public streets within the development. Mr.Moser suggested that sidewalks should be considered within the development. Mr.Kercheval encouraged the deveioper to work with the Town of Smithsburg regarding annexation issues. No action required. Groves Tract (PC-OS-027) Mr.Lung presented for review and approval the Preliminary Consultation for the Groves Tract located along the east side of Morning Glory Lane in SI.James.The developer is proposing 66 semi-detached dwelling unit lots on 20.21 acres.The property is zoned Residential Rural.The deyeloper is requesting the use of the cluster provisions outlined in the Zoning Ordinance to reduce the lot size based on Residential Suburban standards;however,the density permitted under the Residential Rural zoning classification will be maintained.Mr.Lung stated that two of the proposed lots have access onto College Road.It was suggested during the consultation,that all proposed lots access the interior streets. The streets will be closed section with rolled curb and sidewalk.Another concern is Morning Glory Lane, which is a private,paved road that serves a County pumping station and a few existing dwellings off-site. The portion of Morning Glory Lane that would serve the proposed development would be designed to local road standards;however,Mr.Lung recommends that collector road standards should be used in anticipation of future development along Morning Glory Lane.The developer is proposing age-restricted housing using HUD guidelines.By using the closed section street design,off-street parking is a concern.Mr.Lung suggested that the developer request variances from the rear yard setback requirement in order to relocate the houses on the lots and allow a longer driveway for additional off- street parking. Comment:Mr.Kercheval expressed his concern regarding the width of the road relative to emergency vehicle access.Mr.Zoretich,Frederick,Seibert &Associates,stated that County road standards will be used for this development.Mr.Kercheval also expressed concern regarding the access issues onto College Road that Mr.Lung discussed. Mr.Zoretich stated that the developer is currently working with the Washington County Soil Conservation District to determine the best areas to be used to meet the Forest Conservation requirement. Mr.Anikis expressed his concern regarding this developer's involvement in other developments in the area relating to walking trails and drainage issues.Mr.Lung stated that during the consultation,Mr.Lyles indicated that an organized management association would maintain and care for the open space areas and lawns. 136 There was a brief discussion regarding gas or propane delivery systems in developments throughout the County.Mr.Kercheval expressed his opinion that a standardized agreement shouid be established for franchised gas or propane delivery systems to include price protection for consumers and provisions for the maintenance and sale of infrastructure. Mr.Moser made a motion to approve the use of the cluster provisions as outlined in the Zoning Ordinance.Seconded by Mr.Reiber.Unanimously approved. OTHER BUSINESS RZ-05-008 -Heritage Land Development Mr.Goodrich presented a summary of the Staff Report and Analysis following the Public Hearing for the map amendment for Heritage Land Development.The public hearing was held on September 19,2005. The rezoning application is to rezone the property located between Sterling and Kendle Roads,east of Doub Road in the WililamsporVHalfway area from the current Agricultural zoning to Agricultural with the Planned Unit Development overlay zone. Mr.Goodrich stated that the PUD zoning request is predicated on the following issues of compatibility:(1) compatibility with the County's Comprehensive Plan,(2)compatibility with the purpose of the PUD zone, (3)compatibility with uses on the adjacent properties and (4)compatibility with community infrastructure. He stated that,in general,the plan is compatible with the County's Comprehensive Plan and PUD zoning overlay because it is located within the Urban Growth Area and the plan proposes a density of 4 units per acre (PUD guidelines allow up to 12 units per acre)with mixed housing types.The issue of compatibility with uses on adjacent properties is discussed in detail in the Staff Report and Analysis following the Public Hearing and are based on comments received during the public hearing.Regarding the issue of compatibility with community infrastructure,Mr.Goodrich stated that at the present time the schools that would serve this development are over capacity.The County would provide sewer service at a rate of no more than 50 units per year.The developer would be responsible for a study of the sewer system and all improvements and extensions required to service this development.A detailed traffic anaiysis must be -completed in order to address transportation capacity Issues. Comments:Mr.Anikis expressed his concern regarding the validity and accuracy of the traffic generation study that was presented during the public hearing and the cost of road improvements that would be needed in this area.He also stated his opinion that the proposed development is not compatible with the surrounding rural area. Mr.Clopper stated his opinion that the proposed development is not compatible with the surrounding rural area and that it would be better to develop the site using the densities associated with the agricultural zoning classification without a PUD overlay zone.He also expressed concern regarding traffic issues. Mr.Clopper acknowledged the desire of the owners to maximize the build-out of the site;however,he does not support the proposed plan. Mr.Moser was not present at the public hearing and will abstain from the vote.However,he stated his opinion that the proposed density is too high for this part of the growth area.He also stated his concern regarding the lack of sewer infrastructure and capacity available to meet the density proposed for the development. Mr.Reiber was not present at the public hearing and will abstain from the vote.However,he stated his opinion that the developer has the right to develop his property as long as it is in compliance with all policies and regulations. Ms.Parrish acknowledged the developer's effort to scale back the density in this development;however, it is her opinion that the density should be even less.She noted that there is currently no commercial development in the surrounding area to support this development.Ms.Parrish expressed her opinion that the traffic study presented during the public hearing was not well prepared and expressed her concern regarding the traffic issues cited by residents during the public hearing.She noted that there are currently no proposed road improvements in this area. Mr.Ardinger expressed his concerns regarding the traffic study and traffic issues expressed by neighboring property owners.After hearing testimony and reviewing all documentation and proposed plans for this development,Mr.Ardinger acknowledged his support for approval of the Planned Unit Development overlay zoning assuming that all transportation,school capacity,sewer and other pertinent issues associated with this development are resolved. Mr.Anikis made a motion to recommend denial to the Board of County Commissioners for rezoning request RZ-05-008 based on incompatibility of the density of the proposed development in a rural area and the lack of funding to solve traffic issues in the area.This development would be located adjacent to low density properties and farms that are in permanent easement.Seconded by Mr.Clopper. Comment before the vote:Ms.Parrish stated that she likes the proposed development plan;however, she cannot support the plan with sewer allocation,traffic,and school capacity issues unresolved. The motion to recommend denial passed with Mr.Anikis,Mr.Clopper and Ms.Parrish voting "Aye".Mr. Kercheval,Mr.Moser and Mr.Reiber abstained. 137 Bethel United Methodist Church (SP-03-002) Mr.Thompson presented an update on non-conformity issues regarding the site plan for the Bethel United Methodist Churcr.Mr.Thompson stated that a representative from the Church has contacted Staff regarding the future submittal of a revised site plan.Several neighboring prQperty owners have also contacted Staff expressing their concern regarding the non-compliance issues with the original approval. No action required. City Annexations Mr.Thompson stated that during the Planning Commission Workshop on October 24,2005,he informed the Commission members of his intent to present for review and comment proposed City annexations. The Board of County Commissioners are required to make formal comments to the municipalities when a rezoning request Is not consistent with the County's Comprehensive Plan.An express approval is required from the Board to develop property in a manner that is not consistent with the Comprehensive Plan (the "Five Year Rule").If a property is annexed that is inconsistent with the Comprehensive Plan,it can not be developed for a period of five years.After five years,the municipality can rezone the property and it can be developed under any zoning designation set by the municipality. City of Hagerstown Snook Annexation (Case No.A05-0l) Mr.Thompson presented for review and comment the City of Hagerstown Snook Annexation.The property is located between U.S.Route 40 and Maryland Route 144.A portion of the property is proposed for the R-1 residential zoning designation and the portion of the property.south of Maryland Route 144 that is currently designated Industrial Flex is proposed for the R-2 and C-2 zoning classifications.The City of Hagerstown is recommending an R-1 zoning classification that is compatible with the County's RS -Residential Surburban zoning designation and an IR zoning classification that is'compatible with the County's Hi-1 zoning classification. Discussion:There was a brief discussion regarding the rezoning request.There are changes proposed to the plans and a public hearing scheduled for November 22,2005 regarding this case.Therefore,the 'Planning Commission will reserve their comments until the December 5th meeting. City of Hagerstown Bowers Annexation (Case No.A05-08) Mr.Thompson presented for review and comment the City of Hagerstown Bowers Annexation.The property is located at 304 Woodpoint Avenue and is currently zoned RU -Residential Urban.The applicant is proposing an R1 -Residential zoning classification that is consistent with the County's eXisting RU zoning designation.No action required. City of Hagerstown Clemmer Annexation (Case No.A-05-09) Mr.Thompson presented for review and comment the City of Hagerstown Clemmer Annexation.The property is located on Pangborn Boulevard,near its intersection with Security Road and is currently zoned RU -Residential Urban.The applicant is proposing an R1 -Residential zoning classification that is consistent with the County's existing RU zoning designation.No action required. Policy #23 -Length of Cul-de-sacs Mr.Thompson presented for review and approval Policy #23 regarding the length of cul-de-sacs.The proposed policy will provide developer's with a guideline in designing cul-de-sacs not to serve rnore than 25 dwellings units and not to exceed 800 feet in length within their developments. Comments:Mr.Kercheval stated that the Department of Emergency Services'comments regarding the length of the cul-de-sac applies to developments in rural areas where public water is not availabie.Mr. Kercheval would like to amend Policy #23 to specify areas without public water. Mr.Anikis made a motion to table the vote for Policy #23 -Length of cul-de-sacs to amend the Poi icy as discussed.Seconded by Mr.Clopper.Unanimously approved. UPCOMING MEETINGS 1.Joint Rezoning Hearing,Monday,November 14,2005,Washington County Court House,Room #1,95 W.Washington Street 2.Pianning Commission RegUlar meeting,Monday,December 5,2005,Washington County Administrative Annex,80 West Baltimore Street ADJOURNMENT Mr.Moser made a motion to adjourn the meeting at 10:40 p.m.So ordered. 138 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING -DECEMBER 5,2005 The Washington County Planning Commission held its regular meeting on Monday,December 5,2005,in the Washington County Administrative Annex,80 West Baltimore Street,Hagerstown, Members present were:Chairman Don Ardinger,R.Ben Clopper,Linda Parrish,Bernard Moser,George Anikis,Terry Reiber,and Ex-Officio James F.Kercheval.Staff members present were:Planning Director Michael C.Thompson,Chief Senior Planner Stephen T.Goodrich,Chief Planner Timothy A.Lung, Senior Planners Lisa Kelly Pietro and Misty Wagner-Grillo,and Administrative Assistant Debra Eckard. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 7:00 p.m. Mr.Ardinger stated that the minutes of the November 7,2005 regular Planning Commission meeting would be approved at a later date. Mr.Thompson requested that the stream buffer variance request,Variances,Item #2,for Potomac Overlook be discussed with the Preliminary Consultation for Potomac Overlook. MINUTES Mr.Moser made a motion to approve the October 24,2005 Workshop meeting minutes.Seconded by Mr.Clopper.Unanimously approved. OLD BUSINESS .City of Hagerstown Snook Annexation (Case No.AOS-07) Mr.Thompson presented for review and recommendation the City of Hagerstown's Snook Annexation (Case No.A05-07)located west of Interstate 81,south of the Centre of Hagerstown and split by Route 144.The area north of Route 144 is currently designated for Residential development and is consistent with the County's 2002 Comprehensive Plan's RS -Residential Suburban zoning designation.The applicant is requesting the R1 designation for the property.The area south of Route 144 is currently zoned HI-1 -Highway Interchange.The applicant is requesting a combination of R2 -Residential and C2 -Commercial for the property.Staff does not believe this request is consistent with the current Comprehensive Plan.The applicant is proposing residential development along Route 144 similar to the eXisting residential areas and the remaining area is proposed for commercial uses with limitations of the uses in that area.Staff is concerned with contractually limiting uses within a specific development.The development will be sUbject to an annexation agreement with the City of Hagerstown.The Economic Development Commission Board has expressed their opposition to the request. Discussion:Mr.Thompson stated that the City of Hagerstown recommended an R1 zoning designation for the property north of Route 144.He also stated that he believes the City is not in total support of the proposed zoning designations for the property south of Route 144.The proposed C2 zoning designation is for commercial type business.The County would like more Industrial Flex type activities in this area. Mr.Anikis made a motion to recommend denial of the applicant's request based on Staff's findings that the request is not consistent with the County's current Comprehensive Plan and the Board of County Commissioners should not give express approval for this request.Seconded by Mr.Moser.Unanimously approved.Mr.Kercheval abstained. Policy #23 -Length of Cul-de-sacs Mr.Thompson presented for review and approval,Policy #23 -Length of cul-de-sacs,that states,"Cui- de-sac streets permanently designed as such are not to service more than twenty-five (25)dwelling units and should not exceed eight hundred (800)feet in length measured from the intersection of the street rights-of-way and the center of the cul-de-sac where public water is not available.The Planning Commission will consider lengths in excess of 800 feet upon their determination that the proposal results in a better design of the subdivision and a determination that adequate emergency services can be provided to the dwellings." Mr.Reiber made a motion to approve and adopt Policy #23.Seconded by Mr.Moser.Unanimously approved. NEW BUSINESS -VARIANCES A.J.&Evelyn Walters (SV-OS-038) Ms.Wagner-Grillo presented for review and approval a variance for a stand-alone simplified for A.J.and Evelyn Walters.The property is located on the west side of Tollgate Ridge Road and is currently zoned 139 EC -Environmental Conservation.Mr.and Mrs.Walters wish to convey 6.74 acres of property to their son,Melvin Fulton,who has only long-range plans of developing the property. Discussion:Mr.Robert Bush of Triad Engineering stated that currently Mr.Fulton does not plan to develop the property.Until such time that Mr.Fulton decides to construct a dwelling on the property, percolation testing,a sewer reserve area,storm water management area and the placement of Forest Conservation Ordinance requirements would be difficult to establish.This would create an unnecessary cost burden for Mr.Fulton.The Walters wish to sell the remaining acreage at this time.No further subdivision of this parcel would be allowed. Mr.Anikis made a motion to grant approval of the variance for a stand alone simplified parcel.Seconded by Mr.Clopper.Unanimously approved. -SITE PLANS Huntridge Business Park,Lot 3 (SP-05-049) Ms.Pietro presented for review and approval a site plan for Lot 3,Huntridge Business Park located along the east side of Insurance Way.The property is currently zoned HI-1.The developer is proposing to construct a 2,000 square foot warehouse and a 10,000 square foot office for a satellite production business on 7.3 acres.A 30,000 square foot area has been set aside for future expansion.The site will have two access points onto Insurance Way.The property will be served by public water and sewer from the City of Hagerstown.Hours of operation will be 7:00 a.m.to 10:00 p.m.,Monday through Friday,with 40 employees.Parking required is 44 spaces and 60 spaces will be provided.Lighting will be pole mounted and building mounted.An entrance sign and a bUilding mounted sign are proposed.A dumpster will be located in the rear of the building close to the docks.Freight and delivery will be one time per week.No fencing is proposed.One fire hydrant is proposed.A regional storm water management pond will be used for this site.Landscaping will be provided using Juniper,Dogwood, Spruce,and Maple trees along with burning bush and spirea.The Forest Conservation Ordinance _requirement was met in the 1990's when this lot was created with other lots in the area by forest retention and aforestation to the entire 60-acre parcel.Approvals have been received from the Washington County Engineering Department and the Washington County Soil Conservation District.Approvals are needed from the City of Hagerstown Water and Sewer Departments,the Washington County Health Department and the State Highway Administration. Mr.Moser made a motion to grant site plan approval for Lot 3,Huntridge Business Park contingent upon all agency approvals.Seconded by Mr.Reiber.Unanimously approved. Duane Martin (SP-05-052) Ms.Pietro presented for review and approval a site plan for Duane Martin located along the west side of Spickler Road near Clear Spring.The property is AD acre and is zoned A -Agriculture.The owner is proposing to construct a 3,600 square foot storage building,approximately 23 feet high.The building will be used to store vehicles,trailers and lawn equipment.The Board of Zoning Appeals granted a Special Exception in August 2005 to allow the applicant to place an accessory structure on a parcel that is not improved with a principle permitted use.Lighting will be building mounted.No signs are proposed. There will be no employees;therefore,no parking is reqUired.The site is exempt from forest conservation requirements because the area of disturbance is less than 40,000 square feet.All agency approvals have been received. Mr.Moser made a motion to grant site plan approval for Duane Martin.Seconded by Mr.Reiber. Unanimously approved. Little Cove Woodworking (SP-05-054) Ms.Pietro presented for review and approval a site plan for Little Cove Woodworking located along the south side of Old Forge Road near its intersection with Cave Hill Road.The property is zoned A - Agriculture.The owner is proposing to construct a 9,000 square foot building for a woodworking business on a four-acre parcel that includes an eXisting dwelling.Hours of operation will be Monday through Friday,8:00 a.m.to 5:30 p.m.and Saturday,8:00 a.m.to 12:00 p.m.The projection of customers per day is two to three.There will be four to six employees that are all family members.There will be one delivery per week.Required parking is six spaces and six spaces,inclUding one handicapped space,will be provided.There will be no signs and all lighting will be building mounted.The Washington County Health Department granted a waiver to exclude water and sewer facilities since only family members will work in the proposed business.Trash will be collected inside the building.The Board of Zoning Appeals granted a Special Exception in May 2005,to establish a woodworking business and a variance was granted to waive the paving requirements.The Special Exception was granted under the old Agriculture zoning.The new Agriculture zoning does not permit the proposed use so if any expansion is proposed in the future,the property would need to be rezoned to a Rural Business zoning designation.There will be no storage outside and all displays will be kept in the building.The applicant is proposing to use the express procedure to meet the Forest Conservation requirements in the amount of $1,916.64.All agency approvals have been received. Discussion:Mr.Reiber stated his concern regarding the exclusion of public restroom facilities in the proposed business. 140 Mr.Clopper made a motion to grant site plan approval and the payment in lieu of in the amount of $1,916.64 to meet the Forest Conservation requirement.Seconded by Mr.Anikis.The motion passed with Mr.Ciopper,Mr.Anikis,Mr.Kercheval,Mr.Moser,and Ms.Parrish voting "Aye"and Mr.Reiber voting "Nay". Farm Tractor Sales and Storage (SP-OS-OSS) Ms.Pietro presented for review and approval a site plan for Farm Tractor Sales and Storage located along the northeast side of Cearfoss Pike.The property is zoned A -Agriculture.The developer is proposing to construct a 36,000 square foot John Deere farm/lawn/tractor equipment dealership and eight iarge capacity storage buildings on 16 acres.The height of the proposed building would be 26 feet.One access point is proposed onto Cearfoss Pike.The site wi Ii be served by individual well and septic. Parking required is 48 spaces and 49 spaces will be provided.Signs will be building mounted and a 30- foot pylon sign is proposed near the entrance.Hours of operation will be Monday through Friday 7:30 a.m.to 5:00 p.m.and Saturday 7:30 a.m.to noon.There will be 26 employees.The yard setbacks are 50-feet.A dumpster will be located in the rear of the deaiership.Deliveries wili be one per day.A storm water management pond will be located in the front of the property.All areas around the storage buildings and dealership will be paved.Landscaping will be provided around the deaiership building and trees will be planted throughout the site.The Board of Zoning Appeals granted a Speciai Exception in March 2004 to allow the developer to construct the large storage buildings on the site.The developer is proposing to meet the Forest Conservation requirement by payment in lieu of in the amount of $10,628.64.Approvals are needed from the Washington County Engineering Department and the Washington County Soii Conservation District.All other agency approvais have been received. Discussion:Mr.QUirple,John Deere deaiership,stated that the large capacity dealership storage bUilding will be used to store the dealership's products and the storage units on the west side of the building will be leased to store boats,recreational vehicles,mobile homes,etc.Mr.Moser expressed concern regarding no buffer along the west side of the property next to an existing residence.Mr.Quirple stated that there is a large underground storm drain along that side of the property and tree roots could damage the drain.However,he stated they would agree to plant trees aiong that property line to buffer 'the existing residence. Mr.Clopper made a motion to grant site plan approval,contingent upon all agency approvals and to provide the additional buffering on the west side of the property,and to accept the payment in lieu of to meet the Forest Conservation requirement.Seconded Mr.Reiber.Unanimously approved. Jon Henson (SP-OS-OS6) Ms.Pietro presented for review and approval a site plan for Jon Henson.The property is located along the northeast side of Fairview Road and is zoned A -Agriculture.The owner is proposing to construct an 8,000 square foot building for a landscaping and iawn mowing business on 11 acres.A portion of the building will be used as a temporary dwelling until the owner's permanent dwelling is constructed.The proposed building will be 25 feet high.There will be no signs and lighting will be building mounted.Trash will be collected inside the proposed building.Hours of operation will be Monday through Saturday,6:00 a.m.to 6:00 p.m.There will be no outside storage.The Forest Conservation requirements will be met by retaining .68 acres of forest on site and pianting 1.6 acres of trees.All agency approvals have been received. Comment:Mr.Kercheval recommended revising the hours of operation on the site plan to include longer hours especially during the summer months. Mr.Moser made a recommendation to grant site plan approval.Seconded by Mr.Reiber.Unanimously approved. Strictly Hey-wake (SP-OS-OS1) Ms.Wagner-Grillo presented for review and approval a site plan for Strictly Hey-wake.The property is iocated at the intersection of Pennsyivania Avenue and Orchard Hills Parkway and is zoned BG - Business General.The owner is proposing to construct an 8,240 square foot storage bUilding for the eXisting business,which is a 1950's collectible used furniture sales operation.Hours of operation are Saturday and Sunday,12:00 p.m.to 6:00 p.m.There is one employee.Five parking spaces are required and five spaces are provided.Currently there are no existing signs and no signs are proposed.Lighting will be building mounted.There are only occasional UPS deliveries.They are exempt from Forest Conservation requirements.A rain garden will provide storm water management.No outside storage is proposed.All agency approvals have been received. Mr.Moser made a motion to grant site plan approval.Seconded by Mr.Clopper.Unanimously approved. PRELIMINARY CONSULTATION Potomac Overlook (PC-OS-026)and (SV-OS-039) Ms.Wagner-Grillo presented a preliminary consultation for Potomac Overlook.The property is located on the south side of Keep Tryst Road.The site is 23.93 acres and is zoned RV -Rural Village.The developer is proposing 8 lots with a minimum lot size of 20,000 square feet and a remainder of 16.13 acres.Water and sewer service will be provided by Washington County.Forest Conservation requirements will be met by on-site forest retention.In March 2003,the developer requested a change in zoning from BG -Business General to RR -Residential Rural.In August 2003,the Planning 141 Commission recommended denial of the rezoning request because the proposed density was more appropriate for the Growth Area.The Board of County Commissioners agreed with that decision and deferred the vote and discussed a possible reduction of the proposed density.The matter was referred to the Planning Commission for a recommendation on a reduction in the density,The Planning Commission did not deviate from their original decision and did not give another recommendation,In October 2003, the matter was referred to the Board of County Commissioners a second time,Upon a recommendation by the County Attorney,the Board of County Commissioners approved the expansion of the Rural Village boundary to include this property,The rezoning of the property to the Rural Village zoning designation was approved with the condition of a nine (9)lot maximum density, Variance Request:The applicant is requesting a variance from the 300-foot stream buffer requirement to 140 feet on the remaining lands of the property.The applicant's explanation of hardship as stated on the application states,"The Ordinance required buffer of 300 feet (for 75%x 4')is unnecessarily wide and places an unnecessary restriction on part of the site,It would prohibit structures or construction on most of the site west of the sewer right-of-way.This is not a natural slope.It was created by the Route 340 cut and is steeper than other slopes in the County."The applicant is requesting the variance at this time so the ultimate layout of the stream buffer can be part of the Forest Conservation Plan,The Washington County Soil Conservation District has reviewed the requested variance and has approved the 140-foot stream buffer. Discussion of variance request:Mr,Moser and Mr.Anikis expressed their concern regarding the variance for the stream buffer.Since the Board of County Commissioners placed a nine-lot restriction on the property,they feel that the required 300-foot stream buffer should not be an issue,unless the developer is planning further development on this property in the future,Mr.Bernstein,consultant,stated that the buffer would extend so far to the west and would restrict any future potential uses on the property,He also believes that the 140-foot buffer would be sufficient.Mr.Zoltan Nagy,Buckeye Development,stated the developer does not currently have plans for further development;however,they disagree with the nine-lot limitation placed on the property by the Board of County Commissioners,The developer's zoning attorney has advised them that when the Comprehensive Rezoning was adopted,the 'contingency became void because the Rural Village zoning designation did not exist when the Board of County Commissioners granted the original rezoning request. Comments on variance request:Mr.Anikis noted that Chapter 759 of the Maryland Code regarding Rural Villages states "for which new growth,if any,would derive primariiy from infill or limited peripheral expansion,"Limited peripheral development means "development that is contiguous to an existing community and does not increase the size of the existing community or village by more than 10%of the existing number of dwelling units".The original Rural Village has only nine homes.The developer is proposing eight new homes thereby doubling the size of the existing Rural Village,Regarding infill development,the Code states,"it is not best to include large adjacent vacant parcels as part of the Rural Village",Mr.Anikis expressed disapproval that the guidelines established by the State of Maryland regarding Rural Villages are not being followed.He believes that the Board of County Commissioners established a fair compromise between the citizens in the area and the developer and he is concerned about additional development of the property. Mr,Kercheval stated that there is a long history on the rezoning of this property and that the Board of County Commissioners tried to achieve a fair compromise for the owner by allowing a density of 1 house per 3 acres;thereby allowing a total of nine lots on this property,He expressed his frustration and disbelief that the developer is trying to take advantage of the situation and that it is obvious they intend to further develop the property in the future.Mr.Kercheval stated that he would not support any variance that may help the developer to further develop the property, Mr.Moser made a motion to deny the stream buffer variance,Seconded by Mr.Reiber.Unanimously approved, Comments on Preliminary Consultation:Mr.Anikis expressed his concern regarding the steep slope of the road and the ability of emergency services to access the residences during inclement weather situations,He also recommended consideration of a second entrance to the proposed development if additional lots are proposed. Mr.Kercheval stated that the original sewer south of Sandy Hook was put in that area for safety reasons and has restricted capacity,Any additional lots over the nine-lot density would be over the current sewer's capacity plan. No action required, OTHER BUSINESS Cloverly Hill LLC (CP-05-003) Mr.Lung presented for review and recommendation the Staff Report and Analysis following the Public Hearing for the Comprehensive Plan Amendment for Cloverly Hill,LLC,The property is located at the northeast corner of Maryland Route 64 and Maryland Route 77,The applicant is proposing to amend the Comprehensive Plan to include approximately 57 acres it owns in the Growth Area associated with the Town of Smithsburg, 142 Comments:Mr.Reiber expressed his opinion that since a portion of the applicant's property is currently in the Urban Growth Area,the applicant should be allowed to add the remaining portion in the Growth Area.He noted that there appears to be access to water through the public water system.Mr.Reiber believes that the request is consistent with the Comprehensive Plan. Mr.Moser concurs with staff regarding the piece-meal approach of amending the Comprehensive Plan in regard to the growth area.Mr.Moser expressed his concern that an annexation agreement has not been reached between the developer and the Town of Smithsburg.He also expressed concern that the Town of Smithsburg has not recommended the expansion of the Growth Area.Mr.Moser feels that the Growth Area should not be expanded until issues regarding school capacity and the lack of sewer infrastructure have been resolved.He does not believe the request is consistent with the Comprehensive Plan. Mr.Reiber made a motion to recommend approval of the Comprehensive Plan Amendment to the Board of County Commissioners.A second to the motion was not made and the motion faiied. Mr.Moser made a motion to recommend denial of the Comprehensive Plan Amendment to the Board of County Commissioners.Seconded by Mr.Anikis. Discussion before the vote:Mr.Anikis does not believe that the request is consistent with the Comprehensive Plan and that this request would create a piece-meal zoning. Mr.Ardinger stated his opinion that the project will happen sometime in the future. Mr.Reiber stated that he supports the amendment request because there is a portion of the property located in the County's Growth Area and the entire property is located within the Town of Smithsburg's Growth Area Boundary as established by their Comprehensive Plan.He does not feei that this is a piece- meal zoning request. Mr.Moser stated his opinion that school capacity issues and lack of infrastructure issues should be -addressed prior to the approval of any expansion of the Growth Area. The motion to recommend denial passed with Mr.Anikis and Mr.Moser voting "Aye"and Mr.Reiber voting "Nay".Ms.Parrish abstained because she was not present at the public hearing,Mr.Clopper abstained due to the concern of a possible conflict of interest and Mr.Kercheval abstained because he will vote with the Board of County Commissioners. Cloverly Hill LLC (RZ-05-01 0) Mr.Lung presented for review and recommendation the Staff Report and Analysis Following the Public Hearing the rezoning request for Cloverly Hill LLC.The property is located at the northeast corner of Maryland Route 64 and Maryland Route 77 and is currently zoned A -Agricultural,A(R)-Agricultural Rural and EC -Environmental Conservation.The applicant is requesting a map amendment and zoning designation of RR -Residential Rural. Comment:Mr.Reiber stated his opinion that the zoning designation of RR -Residential Rural would be consistent with adjacent properties. Mr.Reiber made a motion to recommend approval of the map amendment request to the Board of County Commissioners.Seconded by Mr.Anikis. Discussion before the vote:'Mr.Anikis stated that he recalled discussions by the Planning Commission during the drafting of the 2002 Comprehensive Plan and that this area was discussed specifically because the Staff had originally designated the entire area as EC -Environmental Conservation.Mr. Anikis presented copies of work maps showing the original land use classifications for the area and the revised classification of some areas to Agriculture based on the Commission's discussions regarding the location of existing orchards in the area.Mr.Anikis stated that based on the considerable amount of review given to this area by the Planning Commission during its drafting of the 2002 Comprehensive Plan,it was his opinion that there was no mistake made when this property was comprehensively rezoned. Mr.Moser concurred with Mr.Anikis's comment. Mr.Kercheval noted that an RR -Residential Rural zoning designation does not exist in the rural areas. Therefore,Mr.Reiber's motion to approve the map amendment is contingent upon the Board of County Commissioner's approval of the Comprehensive Plan amendment. Mr.Reiber suggested tabling the request until a decision is made by the Board of County Commissioners regarding the Comprehensive Plan amendment. After a brief discussion and concern expressed by several of the Commission members that postponing the recommendation would affect the applicant's ability to move forward with the project,it was decided that the Commission would continue with the recommendation process of the rezoning request. Mr.Reiber's motion to recommend approval of the map amendment failed with Mr.Reiber voting "Aye" and Mr.Moser and Mr.Anikis voting "Nay".Mr.Clopper,Ms.Parrish and Mr.Kercheval abstained for the reasons previously stated in CP-05-003. 143 Mr.Anikis made a motion to recommend denial of the map amendment request to the Board of C;ounty Commissioners because he does not believe there was a mistake in the original zoning.Seconded by Mr.Moser. Comment before the vote:Mr.Reiber e/<pressed his opinion that the RR -Residential Rural zoning designation is consistent with adjacent properties zoned RR -Residential Rural and BL -Business Local. He also stated that a portion of the property is located in the Growth Area and the RR -Residential Rural zoning is warranted. Mr.Anikis's motion to recommend denial of the map amendment request passed with Mr.Anikis,Mr. Moser and Mr.Reiber voting "Aye".Mr.Clopper,Ms.Parrish and Mr.Kercheval abstained for the reasons previously stated in CP-05-003. Cloverly Hill LLC (WS-05-003) Mr.Lung presented for review and recommendation the Staff Report and Analysis Following the Public Hearing for a map amendment to the Water and Sewerage Plan for Cloverly Hill LLC.The property is located at the northeast corner of Maryland Route 64 and Maryland Route 77. Mr.Anikis made a motion to recommend denial of the map amendment to the Water and Sewerage Plan, to the Board of County Commissioners,because it is outside the established Growth Area and currently has no planned service.Seconded by Mr.Moser.The motion passed with Mr.Anikis and Mr.Moser voting "Aye"and Mr.Reiber voting "Nay".Mr.Clopper,Ms.Parrish and Mr.Kercheval abstained for the reasons previously stated in CP-05-003. Heart of the Civil War Heritage Area Management Plan Mr.Goodrich presented information regarding the Maryland Heritage Area program that is a mechanism that designates a Heritage Area and makes special grants,loans,tax credits and marketing programs available with the Heritage Area boundary to support and encourage heritage tourism.This program is voluntary.In order to achieve "certification"which creates the eligibility for those special programs,the County and Towns must amend their Comprehensive Plan to incorporate a management plan for the heritage area.A Steering Committee and a consultant have completed a draft of a management plan for the Heart of the Civil War Heritage Area for Washington,Frederick and Carroll counties.Mr.Goodrich stated that copies of the plan are available on CD,hardcopy or on the internet.Within a State approved Heritage Area,matching grants are available for marketing programs such as planning and producing exhibits,publications or promoting special events.In a sub-set of a Heritage Area,called a Target Investment Zone,matching grants and loans are available as well as tax credits for the rehabilitation of historic buildings and other non-historic buildings.The management plan must be submitted to the Maryland Heritage Authority for approval and certification.In the future,the Planning Commission will be asked to make recommendations regarding the amendments to be incorporated into the Comprehensive Plan to the Board of County Commissioners. Discussion:The Towns are not required to participate in the program;however,if they do not participate,the Towns and their citizens will not have access to benefits.A public hearing will be required for amendments made to the Comprehensive Plan. No action required. Workshop Meeting Date: The Plann'lng Commission will hold a Workshop meeting on January 18,2006,at 1:00 p.m.in the Administrative Annex,80 West Baltimore Street. ADJOURNMENT Mr.Anikis made a motion to adjourn the meeting at 10:00 p.m . .~