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HomeMy WebLinkAbout2020 MinutesWASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING January 6, 2020 52 The Washington County Planning Commission held its regular monthly meeting on Monday, January 6, 2020 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Denny Reeder, Drew Bowen, BJ Goetz, David Kline, Jeremiah Weddle, and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Rebecca Calimer, Chief of Plan Review and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the December 2, 2019 meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. OLD BUSINESS RZ-19-006 -Heritage Huyett LLC Ms. Baker reminded Commission members that a rezoning public information meeting was held on December 2, 2019 for a proposed map amendment for 29.57 acres of property located at 16422 National Pike. The applicant is requesting a change in zoning from the current Planned Industrial (Pl) and Business Local (BL) zoning to Planned Industrial (Pl). At the December meeting, the applicant was lacking justification to substantiate either a "mistake" in the original zoning or a "change" in the character of the neighborhood. At that time, the applicant requested a continuation until a later date. On December 19, 2019 the applicant's attorney, Mr. Noel Manalo of Miles and Stockbridge, submitted a letter to the Department of Planning & Zoning claiming a "mistake" in the previous zoning designation of Pl/BL as justification for the rezoning request. Ms. Baker noted that during the December meeting, it was recommended that when the applicant submitted justification for the request, a second rezoning public information meeting should be scheduled in order to give the public a chance to comment on this new information. Discussion and Comments: Mr. Wiley expressed his opinion that a new public information meeting should be scheduled in order for the public to have an opportunity to hear the new information and to voice any concerns or issues they have pertaining to the request. Ms. Baker stated that the applicant is claiming a "mistake" because during the previous rezoning, the County relied upon the assumption or premise that no public sewer would be available in the near future. However, since that time the developer has extended the sewer lines to the property, without any cost to the County. Mr. Goetz pointed out that the attorney's letter included the date of December 12 th as the date of the public information meeting and he requested clarification of the date of that meeting; it was verified that the meeting was held on December 2, 2019. Mr. Wiley noted that the applicant did not make a case for a change in the character of the neighborhood or a mistake in the zoning at the previous meeting. Therefore, the public did not have all the pertinent information with which to make comment. Mr. Noel Manalo of Miles and Stockbridge and Mr. Terry Randall of Heritage Huyett LLC were both present at the meeting. Mr. Manalo expressed his opinion that the public information meeting held on December 2"' was advertised, the property was posted, and the public was given the opportunity to make public comment at that time. Anyone attending the December meeting was made aware that the applicant would be coming back at a later date with additional information. He believes that all appropriate procedures for public input were followed. Mr. Manalo stated that the intent of this rezoning is to obtain the highest and best use for this property. 53 Discussion and Comments: Mr. Bowen expressed his opinion that this case is a continuance from last month's meeting, the record is still open, and the information presented this evening is justification for the request. Mr. Goetz noted that during the public information meeting in December, it was recommended that a second public meeting should be held for the public to make comment. He questioned if this meeting meets the criteria. Mr. Bowen expressed his opinion that this evening's meeting is a public meeting that has been duly advertised and the public could attend. Mr. Reeder noted that the public will have the opportunity to make comment during the County Commissioners' public hearing. There was a brief discussion regarding the plans for this property and the timeline to execute these plans. Mr. Kline noted there were only 3 people in attendance at the December meeting, no written comments have been received and he believes the information provided during this meeting is not significant enough to warrant a second public information meeting and delay the developer's progress. Commission members discussed the "change in the character of the neighborhood" and the "mistake" in zoning. Members believed that the extension of the sewer service in this area constitutes a "change". Ms. Baker stated that to claim a "change", specific criteria must be met. First, the neighborhood must be defined, which was not done by the applicant. Second, the change must be defined that happened within the neighborhood; not done. Thirdly, was the change enough to warrant rezoning of the property. Ms. Baker noted that the "mistake" rule is often misperceived. Mr. Manalo explained that under Maryland law, "mistake" means that there were factual predicates that were wrong or inaccurate. In this case, he believes the County did not anticipate the extension of the sewer lines, thus a "mistake" was made in the zoning. Motion and Vote: Mr. Kline made a motion to recommend approval of the rezoning request based on a mistake in the zoning to the Board of County Commissioners. The motion was seconded by Mr. Goetz and unanimously approved with Commissioner Wagner abstaining from the vote. -NEW BUSINESS MODIFICATIONS Keeptrvst Properties LLC [OM-19-008] Ms. Kelly presented for review and approval a modification request from Section 405.11.B of the Subdivision Ordinance for property located at 18846 Arthur Lane, Knoxville. The property is currently zoned RV-Rural Village. The applicant is proposing to subdivide a 3 acre parcel of land to create a new Lot 1 (.46 acre) and remaining lands of 2.54 acres. Each lot would have 12.5 feet of public road frontage; a minimum of 25 feet is required by the Subdivision Ordinance. Frontage for the entire parcel is on Arthur Lane, which is a County owned road. Motion and Vote: Commissioner Wagner made a motion to approve the modification request as presented. The motion was seconded by Mr. Goetz and unanimously approved. SITE PLANS Shenandoah Mobile LLC Tower Site [SP-19-003] Ms. Kelly presented, on behalf of Mr. Holloway, a site plan for a proposed 150 foot monopole cell tower to be located at 20030 Professional Boulevard, situated along the south side of Yale Drive and west of Hagerstown Community College. The property is currently zoned ORI -Office, Research & Industry. A special exception was granted by the Board of Zoning Appeals in 2019 for the placement of this tower within the ORI zoning district. Maintenance of the tower will be no more than one time per week by two employees. Fencing is required around the base of the tower and any associated equipment buildings. A 30 foot easement off of Yale Drive will provide access to the site. A 6 foot high chain-link security fence will surround the tower. Forest Conservation requirements will be met by the retention of existing forest on the site; a forest conservation easement plat will be prepared. All agency approvals have been received. Motion and Vote: Mr. Bowen made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved. 54 OTHER BUSINESS Update of Staff Approvals Mr. Holloway was not present at the meeting; however, a written report was distributed.to Commission members prior to the meeting. Comprehensive Plan -Economic Development Element Ms. Baker briefly reviewed the Economic Development Element for the comprehensive Plan. Members reviewed the recommendations included in the element. Overall goals should include: infrastructure needs for economic development; zoning to accommodate land uses that make the county competitive; and maintain partnerships with municipalities, the private sector and quasi-governmental groups. -ADJOURNMENT Mr. Goetz made a motion to adjourn the meeting at 8:00 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, February 3, 2020, 7:00 p.m., Washington County Planning Commission rezoning public information meeting and regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 R Clint Wiley, Chairm WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING February 3, 2020 55 The Washington County Planning Commission held its regular monthly meeting on Monday, February 3, 2020 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Denny Reeder, Drew Bowen, BJ Goetz, David Kline, and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Rebecca Calimer, Chief of Plan Review; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. REZONING PUBLIC MEETING RZ-19-007 -WALCZ, LLC Staff Presentation Mr. Allen presented a map amendment application for property located at 14624 National Pike in Clear Spring. The applicant is requesting the extension of a Rural Business floating zone onto an adjacent parcel of land which is .88 acres in size. The property is currently zoned Agricultural Rural -A(R). The purpose of the Rural Business zoning district is to permit the continuation and development of businesses that support the agricultural industry and farming community, serve the needs of rural residents, provide for recreation and tourism opportunities, and to establish locations for businesses and facilities not otherwise permitted in the rural areas of the county. The floating zone, in general, delineates conditions which must be met before the zoning district can be applied to an existing piece of land. Mr. Allen stated there are certain criteria described in Section SE.4 of the County's Zoning Ordinance that must be met in order to establish a new Rural Business zoning district. He briefly reviewed these criteria. Section 5E.6c further describes the basis for which the Planning Commission should base its approval or denial recommendation to the Board of County Commissioners. The RB district shall only be applied to the area identified on the application and shall only be for the use identified in the application. Any changes to the use, intensity or area covered by an approved RB district shall be reviewed by the Planning Commission. Mr. Allen noted that if the rezoning request is approved, a site plan will be required, which will be reviewed by the Planning Commission at a later date. The map amendment application was routed to several reviewing agencies for comment. The only agency to provide comment was the Washington County Health Department regarding sewer on the property. Because this property is not in an area planned for public sewer, the location and method of sewage disposal on the property is administered by the Health Department. The Health Department stated that the septic reserve area has been compromised and any expansion of the business or change of the land use in the area would require that issue to be addressed. Applicant's Presentation Mr. Zachary Kieffer, 19405 Emerald Square, Suite 2100, Ofc. 202, Hagerstown, legal counsel for the applicant, and Mr. Will Eby, WALCZ, LLC, 13830 Leisher Court, Clear Spring, the applicant, were present at the meeting. Mr. Kieffer distributed, for the record, Applicant's Exhibit #1 (vicinity map), Exhibit #2 (letters supporting the rezoning request), and Exhibit #3 (deed showing the applicant is the owner of the property). He explained that the applicant wants to add .88 acres of land [currently zoned A(R)] to another property owned by Mr. Eby [Mt. Taber Builders] at 14624 National Pike in Clear Spring [zoned RB (Rural Business)]. Mr. Eby is planning to construct an accessory storage building for his business. The hours of operation will remain the same [Monday thru Friday, 8 a.m. to 4 p.m.]. 56 The Mt. Taber Builders site is adjacent to other RB floating districts along Route 40 which makes it compatible with the surrounding area. There will be no increase in trips to and from the site and no increase in employees. Mr. Eby stated that the expansion would provide additional parking for his employees, the accessory structure would allow for storage and maintenance of equipment on-site and it would ease the flow of traffic by allowing him to drive around the office building rather than turning around in front of the office which fronts Route 40. Mr. Eby noted that the preliminary site plan has been submitted to the County and the septic reserve issue mentioned earlier has been addressed. Discussion and Comments: Commissioner Wagner asked if the applicant owns the property to the west and has a good relationship with the property owner to the East. Mr. Eby responded that he does own the property to the west and has a good relationship with the neighbor to the east. Public Comment Mr. John Barr, 12404 Rocky Fountain lane, Clear Spring -Mr. Barr stated that he lives across the road from Mr. Eby's business. He noted that Mr. Eby operates a very good business with acceptable hours and all neighbors are pleased with the proposed plan. Mr. Barr stated that the .88 acres was purchased from Miller's Farmstead, which operates a business on weekends. He believes that the proposed expansion will help with traffic issues and ingress and egress from the site. The public rezoning meeting concluded at 7:18 p.m. REGULAR MEETING The Chairman announced that the Black Rock PUD Development Plan was removed from the agenda at the request of the consultant. MINUTES Motion and Vote: Mr. Goetz made a motion to approve the minutes of the January 6, 2020 meeting as presented. The motion was seconded by Mr. Reeder and unanimously approved. -NEW BUSINESS SUBDIVISIONS Paradise Heights, Section B [PP-17-002] Ms. Kelly presented for review and approval a preliminary plat for Paradise Heights, Section B, lots 56 thru 77. The subdivision is located along the north side of Longmeadow Road and is currently zoned Residential Suburban (RS). The developer is proposing to create 22 single family lots on a total of 12.76 acres. lot sizes will range from 0.3 to 0.5 acres. The new lots will be served by new public streets, Pulaski Drive (extended) and Amesbury Road; there will be no sidewalks. All lots will be served by existing public water and sewer. Forestation requirements are being met by retaining 3.82 acres of existing forest in an approved off-site forestation bank. All reviewing agency approvals have been received. Discussion and Comments: Mr. Bowen asked if the streets will have interconnections to North Village. Ms. Kelly stated the streets would connect to North Village and will eventually connect with the Harper Park subdivision. Motion and Vote: Mr. Bowen made a motion to approve the preliminary plat as presented. The motion was seconded by Mr. Kline and unanimously approved. SITE PLANS Fairplay Dollar General Store [SP-19-026] Ms. Kelly presented for review and approval a site plan for the Fairplay General Dollar Store to be located at the northeast corner of the intersection of Sharpsburg Pike and lappans Road near Fairplay. The property is currently zoned Rural Village (RV). The developer is proposing to construct a 9,000 square foot store on a 1.56 acre parcel. The proposed building height will be 20 feet. Access will be off of Lappans Road. The Board of Appeals granted a Special Exception in May 2019 to allow for the creation of a retail sales facility at this location. The site will be served by individual well and septic. Hours of operation will be from 9 a.m. to 10 p.m., 7 days per week. Projected number of employees is 6 to 10. Total parking 57 spaces required is 36 spaces and 37 spaces will be provided. Proposed lighting will be building and pole mounted. Sign age will be building mounted with a pole mounted sign at the southwest corner. Solid waste disposal will be provided by a screened dumpster along the side of the building. Landscaping will be located throughout the parking lot and in the bio retention ponds. Forestation for this parcel was addressed by way of a subdivision approval in 2006. All agency approvals have been received except for the Health Department. Well testing is being performed and will be completed as weather conditions allow. Motion and Vote: Mr. Goetz made a motion to grant staff the authority to approve the site plan pending Health Department approval. The motion was seconded by Mr. Bowen and unanimously approved. OTHER BUSINESS Update of Staff Approvals Mr. Holloway distributed a written report to Commission members and noted the following Land Development projects: 3 inspection and maintenance agreements; 2 simplified plats; 11 standard grading plans; 6 standard stormwater plans; 2 subdivision replats; and 2 traffic impact studies. Demolition Permit [2019-04949] Ms. Baker presented a demolition permit application for property located at 55 West Oak Ridge Drive (former Review & Herald Publishing Company property). She explained that anytime a demolition permit is submitted for an historic resource, the application is reviewed by the Historic District Commission. Various criteria are used in analyzing the property and in making their recommendation. The demolition permit does not cover the main building, only the existing farmhouse and barn located on the property. The applicant is proposing a commercial development on the property. The applicant appeared before the Historic District Commission (HDC) at its January 8th meeting (copies of minutes provided to the Planning Commission members) stating reasons why the demolition is necessary. The HDC reviewed the application and pertinent information and ultimately opposed the demolition permit. Because the HDC opposed the application, the Planning Commission must review it and make a recommendation. The County does not currently have a mechanism in place to stop the demolition. Ms. Baker then introduced Mr. Tom Clemens, Chairman of the HDC. Mr. Clemens stated that the HDC was not given a specific reason for the demolition. Ultimately, the applicant admitted that the space was needed for parking. Mr. Clemens noted that the applicant would not reveal the plans for the property and the Commission felt it was being asked to make its decision without having all the facts. HDC members asked to sign a NDA (non-disclosure agreement); however, the developer stated that was not within their timeline. Mr. Clemens stated that the house is very old and was owned and lived in by several prominent families in the County. He expressed his opinion that the barn is in excellent condition and could be used for storage. The developer has expressed interest in selling the salvageable materials from the site. The HDC also suggested subdividing and selling the two structures along with a couple of acres of land for someone to rehabilitate the structures. The developer was not interested in this approach because it did not fit into their plans. Discussion and Comments: Mr. Bowen expressed his opinion that there are numerous farmhouses like this around the County, but there is nothing special about this one. While he is in favor of preserving historic structures, he does not believe that every historic structure needs to be saved. Mr. Clemens expressed his opinion that many of the structures that are over 100 years old are gone. He noted that one of the largest industries in the County is heritage tourism, which contributes to the economics of our area. Mr. Clemens expressed his belief that there is a finite number of historic structures left in the County and once they are gone, the business will go away as well. Mr. Kline asked what the zoning is on this property. It is currently zoned HI (Highway Interchange). Ms. Baker explained that the developer has a multi-million dollar project that is facing some large hurdles to make development work on this particular piece of property. There are extra storm water management regulations that must be met because there will be a large impervious surface and forest conservation requirements that will need to be met. Mr. Kline expressed his opinion that property owners have the right to do what they want with their property. If the property owner wants to demolish the structures, he should have a right to do that. 58 spaces required is 36 spaces and 37 spaces will be provided. Proposed lighting will be building and pole mounted. Signage will be building mounted with a pole mounted sign at the southwest corner. Solid waste disposal will be provided by a screened dumpster along the side of the building. Landscaping will be located throughout the parking lot and in the bio retention ponds. Forestation for this parcel was addressed by way of a subdivision approval in 2006. All agency approvals have been received except for the Health Department. Well testing is being performed and will be completed as weather conditions allow. Motion and Vote: Mr. Goetz made a motion to grant staff the authority to approve the site plan pending Health Department approval. The motion was seconded by Mr. Bowen and unanimously approved. OTHER BUSINESS Update of Staff Approvals Mr. Holloway distributed a written report to Commission members and noted the following Land Development projects: 3 inspection and maintenance agreements; 2 simplified plats; 11 standard grading plans; 6 standard stormwater plans; 2 subdivision replats; and 2 traffic impact studies. Demolition Permit [2019-04949] Ms. Baker presented a demolition permit application for property located at 55 West Oak Ridge Drive (former Review & Herald Publishing Company property). She explained that anytime a demolition permit is submitted for an historic resource, the application is reviewed by the Historic District Commission. Various criteria are used in analyzing the property and in making their recommendation. The demolition permit does not cover the main building, only the existing farmhouse and barn located on the property. The applicant is proposing a commercial development on the property. The applicant appeared before the Historic District Commission (HDC) at its January 3th meeting (copies of minutes provided to the Planning Commission members) stating reasons why the demolition is necessary. The HDC reviewed the application and pertinent information and ultimately opposed the demolition permit. Because the HDC opposed the application, the Planning Commission must review it and make a recommendation. The County does not currently have a mechanism in place to stop the demolition. Ms. Baker then introduced Mr. Tom Clemens, Chairman of the HDC. Mr. Clemens stated that the HDC was not given a specific reason for the demolition. Ultimately, the applicant admitted that the space was needed for parking. Mr. Clemens noted that the applicant would not reveal the plans for the property and the Commission felt it was being asked to make its decision without having all the facts. HDC members asked to sign a NDA (non-disclosure agreement); however, the developer stated that was not within their timeline. Mr. Clemens stated that the house is very old and was owned and lived in by several prominent families in the County. He expressed his opinion that the barn is in excellent condition and could be used for storage. The developer has expressed interest in selling the salvageable materials from the site. The HDC also suggested subdividing and selling the two structures along with a couple of acres of land for someone to rehabilitate the structures. The developer was not interested in this approach because it did not fit into their plans. Discussion and Comments: Mr. Bowen expressed his opinion that there are numerous farmhouses like this around the County, but there is nothing special about this one. While he is in favor of preserving historic structures, he does not believe that every historic structure needs to be saved. Mr. Clemens expressed his opinion that many of the structures that are over 100 years old are gone. He noted that one of the largest industries in the County is heritage tourism, which contributes to the economics of our area. Mr. Clemens expressed his belief that there is a finite number of historic structures left in the County and once they are gone, the business will go away as well. Mr. Kline asked what the zoning is on this property. It is currently zoned HI (Highway Interchange). Ms. Baker explained that the developer has a multi-million dollar project that is facing some large hurdles to make development work on this particular piece of property. There are extra storm water management regulations that must be met because there will be a large impervious surface and forest conservation requirements that will need to be met. Mr. Kline expressed his opinion that property owners have the right to do what they want with their property. If the property owner wants to demolish the structures, he should have a right to do that. 59 Members of the Planning Commission expressed their belief that historic resources should be preserved in some instances; however, not every historic structure needs to be preserved. Members also believe that property owners have the right to develop their property in an appropriate and acceptable manner. All members agree that heritage tourism is a large economic boost for Washington County. Motion and Vote: Mr. Kline made a motion to recommend approval of the demolition permit application as presented. The motion was seconded by Mr. Bowen and unanimously approved with Commissioner Wagner abstaining from the vote. Discussion of Demolition Permit Process Ms. Baker introduced Mr. Ralph Young and Ms. Linda Irvin-Craig, co-chairs of the Historical Advisory Commission. She explained that the HOC and the Historical Advisory Commission have been working together to develop some changes to the current Demolition Permit Process. Ms. Baker noted that the County currently has 3,720 individual historic resources. These resources are broken down into five categories, which include: buildings, districts, objects, sites and structures. This does not include all of the contributing resources in the various historic districts. Of the 3,720 historic resources, 342 have a status of demolished, deteriorated or in ruins. Between January 1, 2015 and December 31, 2019, Washington County issued 244 demolition permits; 28 were flagged as having an historic resource somewhere on the property. Twenty of the 28 permits were issued on resources listed in the County's Historic Inventory. The two commissions are proposing a delay in issuing a building permit when a demolition permit for a historic structure was not properly obtained. Ms. Baker provided a flowchart of the process. The 90-day alternative exploration period would begin immediately after the HDC's review. This period would allow the Commission to discuss alternatives to demolition of the resource. The second proposal is to increase the fines for demolition of historic resources without a permit. Currently the fee is $100; the proposal is to increase the fee to $1,000. These proposals have been presented to the Board of County Commissioners; however, the Commissioners asked that the Planning Commission review these policies and provide comment. Mr. Clemens explained that the current fee to obtain a demolition permit is $50.00; the violation fee is $100.00. It is believed that more people would follow the process if the fee violation is increased and a one year waiting period for a construction permit is enforced. Discussion and Comments: Mr. Bowen asked if there is currently a process to deny a demolition permit. Ms. Baker stated there is not a process to deny a demolition permit. Commissioner Wagner asked for clarification of the one-year waiting period. Ms. Baker stated that the permit would only be withheld if an historic structure is demolished on the property without a demolition permit. Mr. Wiley expressed his concern regarding the alternative exploration period being proposed. He pointed out that the developer is investing in the property and taking all the risks of the investment. Ms. Irvin- Craig noted that the Commissions are trying to find ways to educate property owners/developers in rehabilitation and/or re-use of historic structures. She stated that it takes time to find the resources to help people save historic resources. There are people willing to demolish a structure if they are able to salvage the materials, such as wood beams, windows, etc. but it takes time to discuss these alternatives with the property owners/developers and contact the parties interested in salvaging these types of materials. There was a brief discussion regarding tax credits that people can get for restoration of historic resources. The Historic Advisory Commission is in the process of developing a brochure explaining the various credits available. The Commission intends to provide this brochure to various organizations around the County, such as realtors, visitor's bureaus, County offices, etc. Mr. Kline is opposed to both the one-year waiting period for demolition of an historic resource without a permit and the $1,000 violation fee for demolition without a permit. He gave some examples where there could be unintended consequences for both of these situations. Planning Commission members would like more time to consider the proposals. It was decided that these proposals should be reconsidered by the HOC and the HAC and new proposals brought back to the Planning Commission at a later date. 60 -ADJOURNMENT Mr. Goetz made a motion to adjourn the meeting at 8:45 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, March 2, 2020, 7:00 p.m., Washington County Planning Commission regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING March 2, 2020 61 The Washington County Planning Commission held its regular monthly meeting on Monday, March 2, 2020 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD. Commission members present at the meeting were: Clint Wiley, Denny Reeder, Drew Bowen, BJ Goetz, David Kline, Jeremiah Weddle and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Rebecca Calimer, Chief of Plan Review; and Lisa Kelly, Senior Planner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Bowen made a motion to approve the minutes of the February 3, 2020 meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. OLD BUSINESS RZ-19-007 -WALCZ, LLC Recommendation Mr. Allen reminded Commission members that a public information meeting was held on February 3cd for a proposed map amendment application for property located at 14624 National Pike in Clear Spring. The applicant is requesting the extension of a Rural Business floating zone onto an adjacent parcel of land which is .88 acres in size. The property is currently zoned Agricultural Rural -A(R). Mr. Allen noted that only one person, Mr. John Barr, spoke during the public information meeting and he was in favor of the proposed amendment. No other verbal or written comments have been received. Motion and Vote: Mr. Goetz made a motion to recommend approval of the proposed map amendment to the Board of County Commissioners. The motion was seconded by Mr. Kline and unanimously approved with Commissioner Wagner abstaining from the vote. Mr. Wiley announced that two additional items have been added to the evening's agenda under Other Business: Adkins Automotive (change to a site plan) and a discussion regarding the Workshop with the Historic District Commission regarding the Demolition Permit Process. -NEW BUSINESS MODIFICATIONS PR Valley Anchor-S LLC [OM-20-002] Ms. Kelly presented for review and approval a modification request to create a lot with existing businesses (BJ's Brewhouse, Sleep Number, and Verizon retail store) that have road frontage but ingress/egress is not public and a request for approval of off-site parking. The lot would be 1.44 acres in size. The off-site parking would across Valley Mall Road. Discussion and Comment: Mr. Steve Cvijanovich of Fox & Associates, Inc., the consultant, gave a brief history of the property and changes previously made at the Valley Mall. He spoke briefly about the off- site parking and noted that there are pedestrian crossing areas across Valley Mall Road. Motion and Vote: Mr. Kline made a motion to approve the modification request as presented and to grant staff the authority to approve the final plat. The motion was seconded by Mr. Goetz and unanimously approved. 62 SITE PLANS St. James School -Turner Athletic Center [SP-19-020] Ms. Kelly presented for review and approval a site plan for the St. James School Turner Athletic Center located along the east side of College Road. The developer is proposing to construct a 44,436 square foot addition to the Alumni Hall Field House for athletic and other special events. The addition would house the new basketball arena with spectator seating, locker rooms, offices and meeting space for athletes. It will connect to Alumni Hall via a breezeway. The hours of operation will be 8 a.m. to 10 p.m. A total of 88 parking spaces and one existing loading area will be provided for use. The Washington County Department of Water Quality provides water and sewer to the site. There is an existing sign with new building mounted signs proposed. Lighting will be wall mounted and pole mounted within the parking lot. There will be two to three delivery trucks per week. Solid waste will be collected inside and moved to existing screened dumpsters. Sidewalks are proposed in the front and along the side of the building to serve parking lots. Landscaping is proposed along the front of the building adjacent to the new patio and in the bio-retention ponds. Forestation requirements are being met by paying the fee-in-lieu in the amount of $914.76. All agency approvals have been received. Motion and Vote: Mr. Kline made a motion to approve the site plan as presented. The motion was seconded by Mr. Weddle and unanimously approved. Delivery Station Program DBA7 [SP-19-036] Ms. Kelly presented for review and approval a site plan for a proposed warehouse and package distribution center for Amazon Distribution in an existing 167,298 square foot building located at 16604 Industrial Lane (the former Lenox site). The property is currently zoned Pl -Planned Industrial and is 15.37 acres in size. An overhead canopy with concrete pad will be added. There will be four entrances off Industrial Lane: one for employee parking, two for delivery vans arrival/departure, and one for truck deliveries. Van arrivals and departures will be daily from 8 a.m. to 7 p.m. Hours of operation will be 24 hours a day, 7 days a week with 100 employees each shift. Total parking spaces will be 204 spaces. Public water will be provided by the City of Hagerstown and public sewer will be provided by the County. Lighting will be building mounted and pole mounted throughout the parking area. Signage will be building mounted as well as a monument sign along Industrial Lane. Landscaping will be installed around the building and throughout the parking lot. There will be a dumpster for trash collection. Forestation requirements will be addressed by paying the fee-in-lieu in the amount of $6,403.32. Approvals from the Engineering Department, Soil Conservation District and City of Hagerstown Water Department are pending; all other agencies approvals have been received. Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented and to grant staff the authority for final approval contingent upon receiving final approval from the Engineering Department, Soil Conservation District and City of Hagerstown Water Department. The motion was seconded by Mr. Bowen and unanimously approved. OTHER BUSINESS Black Rock PUD [DP-13-001] Ms. Calimer presented for review an amendment to the approved development plan for Black Rock PUD. Staff is seeking the Commission's determination if the change is a minor or major change to the final development plan. The development is located north of Mt. Aetna Road and east of Robinwood Drive. The developer is also requesting a modification for an additional panhandle lot. A request was granted in 2013 to allow three panhandle lots. The developer is proposing to consolidate the forest easement in one area. The previously platted open space will be relocated and an additional lot will be placed in that location. Mr. Gordon Poffenberger of Fox & Associates, Inc., the consultant, gave a brief description of the proposal. He noted the previously recorded forest easements across the back of several lots have been eliminated. There was a brief discussion regarding the shared access and maintenance of that access by the property owners. This will be noted on the plat. Motion and Vote: Mr. Kline made a motion to consider this a minor change to the final development plan. The motion was seconded by Mr. Weddle and unanimously approved. 63 Motion and Vote: Mr. Reeder made a motion to approve the additional panhandle as presented and requested that Staff confirm there is a note on the final plat regarding the maintenance of the shared access. The motion was seconded by Mr. Goetz. Mr. Reeder amended his motion to grant staff the authority to approve the final subdivision plat. That motion was seconded by Mr. Weddle and both motions were unanimously approved. Proposed Text Amendment Ms. Baker presented for review a proposed text amendment for short-term residential rentals (Airbnb, VRBO). She noted that the short-term residential rentals would be a permitted use in the A(R) - Agricultural Rural, EC -Environmental Conservation, and P -Preservation zoning districts. It would be a special exception use in the RV-Rural Village, RT -Residential Transition, RS -Residential Suburban, RU -Residential Urban, and RM -Residential Mu/ti-Family zoning districts. Short-term residential rentals would be a permitted use in the BL-Business Local, BG -Business General, and SED -Special Economic Development zoning districts. Also included in the text amendment is a definition for a short-term residential rental. No site plan will be required; however, off-street parking must be provided. There was a brief discussion regarding the length of time for a rental. By consensus, the Commission decided to change the language to 30 days. Update of Staff Approvals Mr. Holloway distributed a written report to Commission members and noted the following for Land Development projects: 8 inspection and maintenance agreements; 5 site plans; 3 standard grading plans; 3 public works agreements; and 1 traffic impact study. Adkins Automotive Mr. Holloway presented a proposed change to the site plan for Adkins Automotive located at 9920 Crystal Falls Drive. The property was granted the RB (Rural Business) floating zone in 2014. Variances were granted in October 2015 for the first commercial building [AP-2015-031] for side yard and front yard setbacks and a setback for placement of a free-standing sign. The owner is now proposing to construct a 4,200 square foot commercial building for fire engine truck repair. If the site plan is approved, Mr. Adkins will be required to go before the Board of Zoning Appeals for side yard variances for the second commercial building. Discussion and Comments: Mr. Kline expressed his opinion that the applicant should not be required to plant trees because the property is in a wooded area. Ms. Baker clarified that the previously planted trees were not for forest conservation but to provide a landscaping buffer for the neighboring residential areas. Mr. Holloway stated that his department would review the need for additional landscaping once the site plan has been submitted. Motion and Vote: Mr. Kline made a motion to approve the change to the site plan as presented. The motion was seconded by Commissioner Wagner and unanimously approved. Discussion of Workshop with HDC Mr. Kline expressed his opinion that the Historic District Commission is a special interest group. He believes that developers and builders should have the opportunity to present their side of the proposed demolition permit process. Mr. Kline is opposed to having a "private workshop meeting with a special interest group to come in and promote their agenda". He believes the Commission is being used and manipulated and pushed to advance a process without hearing all sides of the story. Mr. Wiley expressed his opinion that the process is being "politicized" by the newspaper and Preservation Maryland. Mr. Kline agreed. Mr. Goetz expressed his opinion that there is a difference between a special interest group and a Commission that has influence as to whether something moves on in the process or has to go down a different path in the process. There was a brief discussion concerning the intent of the workshop and what is to be accomplished. Commissioner Wagner believes the HDC is looking for recommendations to present to the County Commissioners to tighten the demolition permit process. Mr. Kline stated he is generally opposed to more government regulation because the regulation can be "weaponized" by somebody with an agenda. 64 Mr. Wiley noted that the historic sites inventory is more than 30 years old and suggested it should be updated before any decisions or recommendations are made. Mr. Weddle expressed his opinion that historic preservation should follow ag land preservation seeking funding to preserve the historic resources. Motion and Vote: Mr. Weddle made a motion that the workshop should be canceled until the Historic District Commission has its data up to date. The motion was seconded by Mr. Kline and unanimously approved with Commissioner Wagner abstaining from the vote. -ADJOURNMENT Mr. Bowen made a motion to adjourn the meeting at 8:15 p.m. The motion was seconded by Mr. Goetz and so ordered by the Chairman. -UPCOMING MEETINGS 1. Monday, April 6, 2020, 7:00 p.m., Washington County Planning Commission rezoning public information and regular meeting, Washington County Administration Building, 100 W. Washington Street, Room 2000, Hagerstown, MD 21740 /lLv.- WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING May 4, 2020 65 Due to current social meeting restrictions put in place by the Governor of Maryland because of the COVID- 19 pandemic, the Washington County Planning Commission held its regular monthly meeting on Monday, May 4, 2020 at 7:00 p.m. virtually using Zoom software. No physical meeting took place. Planning Commission members present were: Clint Wiley, Drew Bowen, Dennis Reeder, BJ Goetz, Jeremiah Weddle and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Jennifer Kinzer, Deputy Director; Travis Allen, Comprehensive Planner; Chris Boggs, Land Preservation Planner; Meghan Jenkins, GIS Analysis; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Rebecca Calimer, Chief of Plan Review; and Lisa Kelly, Senior Planner. Other attendees included: George Nagel, Fox & Associates, Inc.; Kathy Maher, City of Hagerstown; Julie Greene, Herald Mail; and Jim Turner, Antietam Broadband. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Goetz made a motion to approve the minutes of the March 2, 2020 meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved. -NEW BUSINESS MODIFICATIONS Herbert and Joyce Nusbaum [OM-20-005] Ms. Kelly presented for review and approval a modification request from Sections 405.11.G.1 and 40511.G.2 of the Washington County Subdivision Ordinance. The applicant is proposing the creation of two lots and is requesting a modification to create Lot 3 with a panhandle length in excess of 400 feet (692 feet) and to permit the stacking of a third lot behind the two existing lots. The applicant is proposing to convey the two new lots to an immediate family member. The property is located along the north side of Toms Road and is currently zoned A-R (Agricultural Rural). Motion and Vote: Mr. Bowen made a motion to approve the modification request as presented. The motion was seconded by Mr. Weddle and unanimously approved with the following members voting in favor of the approval: Mr. Bowen, Mr. Weddle, Mr. Goetz, Mr. Reeder and Commissioner Wagner. LAND PRESERVATION Recertification of the Maryland Agricultural Land Preservation Program (MALPP) Mr. Boggs gave a brief overview of the MALPP and the importance of being a "Certified County". He noted that "Certified" counties retain 75% of the State Agricultural Transfer Tax as opposed to uncertified counties which retain only 33% of their Ag Transfer Tax. In order to retain certification, a Final Certification Report must be submitted to the Maryland Department of Planning every three years. The report is based on questions developed at the State level to assess the County's Land Preservation Program and compliance with the County's adopted Comprehensive Plan. The County's Agricultural Land Preservation Advisory Board has approved the Final Recertification Report. Motion and Vote: Mr. Reeder made a motion to approve the Recertification as presented. The motion was seconded by Mr. Weddle and unanimously approved with the following members voting in favor of the approval: Mr. Bowen, Mr. Weddle, Mr. Goetz, and Mr. Reeder. Commissioner Wagner abstained from the vote. 66 FOREST CONSERVATION 17119 Virginia Avenue LLC [FP-20-003] Mr. Allen presented for review and approval a request to use the payment-in-lieu method to meet forest conservation requirements for property located at 17119 Virginia Avenue. The site consists of 3 parcels totaling 7.61 acres. In 2004, a Forest Stand Delineation and a Forest Conservation Plan were submitted for the Valley Car Wash, which showed 1.77 acres of forest being retained on site to meet mitigation requirements at that time; however, this plan was never recorded. In January 2019, the County was made aware that forest was being cleared without the submission of any grading plans or issued permits. In July 2019, a grading plan was submitted to the County without an appropriate forest conservation plan. Eventually a Forest Stand Delineation was submitted in February 2020. The applicant is now proposing to retain 1.04 acres of forest on site and using the payment-in-lieu fee to meet the rest of the mitigation requirement. The applicant's reason for the payment-in-lieu is not to hinder future development of the site and a problem with vagrancy on the property. Mr. Allen explained that the payment-in-lieu option is the least preferred method of mitigation per the County's Forest Conservation Ordinance, Article 10. The Justification Letter provided by the applicant did not elaborate on why the other techniques in the sequence were not viable for the site. Ms. Baker further explained that the County has had difficulty recently expending the funds collected Discussion and Comments: Mr. Wiley asked how much the payment-in-lieu would be. Mr. Allen stated that the developer would owe a little more than $14,000. Mr. Wiley expressed his opinion that he would be in favor of the payment-in-lieu because the applicant has always been a responsible landowner and tries to do the right thing. There was a brief discussion regarding the money that is collected for the payment-in-lieu. Mr. Allen explained that the Soil Conservation District purchases easements on property around the County with the payment-in-lieu funds that are collected. Mr. Bowen asked how much money is currently in the fund. Ms. Baker stated there is approximately $500,000 in the fund, a majority of which came from a large industrial development. She explained that State legislation increasingly scrutinizes how these funds are spent. She also noted that the payment for easements is very low and people are not willing to tie up their land with an easement. Ms. Baker noted that the vagrancy issue should not be considered when making the decision not to require additional forest on-site. She believes that property owners should address that issue using other available measures. Motion and Vote: Mr. Bowen made a motion to approve the payment-in-lieu. The motion was seconded by Mr. Weddle and unanimously approved with Mr. Bowen, Mr. Weddle, Mr. Reeder and Commissioner Wagner voting in favor; Mr. Goetz abstained from the vote. OTHER BUSINESS Update of Staff Approvals Mr. Holloway noted that Commission members received a full written report of all approvals prior to the meeting. During the month of April, 29 plans received staff approval. There were 3 new site plans, 1 storm water management standard plan and 4 standard grading plans submitted for review. Changes to the City of Hagerstown's MRGA boundary Ms. Baker presented proposed changes to the City of Hagerstown's Medium Growth Range Area (MRGA) boundary that have been discussed with staff from the City of Hagerstown. These changes are proposed because numerous residents in the Urban Growth Area have not been able to get permits for wells from the Washington County Health Department or public water service from the City of Hagerstown. Staff has been analyzing the MRGA boundary that is part of the City's adopted Comprehensive Plan which delineates areas that the City of Hagerstown has determined, based upon their growth projections for both residential and non-residential growth, are the limits where they can reasonably serve water and sewer capacities. Ms. Baker presented a map showing areas in green along the north and west side of the Growth Area where staff is seeking to expand the boundary (approximately 2,300 acres). Areas shown in red along the east and southeast boundaries (approximately 640 acres) are proposed to be removed from the MRGA. Many areas shown in the green are already included in the growth area and are currently served with public water. These were included because they are located within industrial areas. 67 The following areas are proposed for inclusion in the MRGA: • Area A consists of an industrial park situated with 1-70 to the south and MD Route 63 to the east. This park is mostly developed; however, there are a few parcels that are not developed or under- developed. Area A is proposed to be included in the MRGA boundary because it is in a Special Enterprise Zone, which has special tax credits for development. • Area B includes the area surrounded by 1-81 on the west, Showalter Road on the south, US Route 11 on the east and State Line on the north. o Area Bl includes Citicorp, new parcels for development and a few small retail services. CHIEF owns and is currently marketing several of these parcels of land. o Area B2 is adjacent on the east side of Route 11 and includes Goodwill and AC&T (Fulton) properties. o Area B3 is property owned by the County (formerly part of the Brumbaugh-Kendle-Grove Farmstead) and the Pennington mobile home park. o Area B4 is the Airport proper and includes the former Fairchild property and Bowman's property. o Area BS includes Phoenix Color and a few smaller parcels. • Area C is in the vicinity of Huyetts Crossroads along the National Pike and the south side of MD Route 63. This property was recently rezoned by Heritage Huyett LLC and the developer is currently seeking permits for development. A pre-annexation agreement has been signed with the City of Hagerstown. • Area D o Area Dl is along the south side of 1-70 along Greencastle Pike and includes FedEx and smaller surrounding properties. o Area D2 is along Elliott Parkway. o Area D3 is Taylor Farms. The County has been working with this developer on a re- alignment of Wright Road. The developer is proposing a warehouse on this property. • Area E is along the Greencastle Pike and is an extension of the Bowman property consisting of 23.18 acres. A portion of the parcel is already in the MRGA. • Area Fis along the Cearfoss Pike with MD Route 58 on the south side. It includes Grace Academy, the Hagerstown Soccer Club and Hoffman Group properties which are all currently zoned for commercial uses. This is an area of interest because of the Maugansville Pump Station project that the county is currently working on to reallocate wastewater. • Area G is along the east side of Greencastle Pike and is part of Hopewell Valley North. This consists of large lots seeking water and sewer services. Ms. Baker then discussed areas to be removed from the MRGA, as follows: • Area 1 includes acreage recently annexed into the Town of Funkstown. Because of this annexation, all of the equivalent dwelling units (EDUs) are available to the City of Hagerstown (approximately 400 EDUs). No decision has been made what to do with these EDUs. • Area 2 is located along the north side of 1-70, adjacent to the Town of Funkstown. These parcels are currently zoned RU (Residential Urban). • Area 3 is in the southeast portion of Hagerstown toward the Dual Highway/Route 40/1-70 inter- change. These parcels were moved into the MRGA during the boom; however, no development has taken place. There is currently no water or sewer facilities in this area. • Area 4 is located off Landis Road behind the golf course and adjacent to the City of Hagerstown. There is little chance for development in this area due to road adequacy issues. The parcel on the north side is owned by the County and is part of the golf course property. • Area 5 is east of Hagerstown in the Fiddlersburg/Security Road vicinity. The property is currently zoned residential and is adjacent to the existing cement company. No high density residential development is expected in this area. • Area 6 is located along the north side of Jefferson Boulevard adjacent to the existing cement company outside of the existing water and sewer service area. • Area 7 is to the north of Hagerstown and includes the Glen Erin subdivision. Given environmental issues with streams and floodplains, no additional growth is expected in this area. Ms. Baker introduced Ms. Kathy Maher from the City of Hagerstown. Ms. Maher noted that this effort was initiated due to a request by the City Council to determine how much capacity and allocation was available and what the City could reasonably handle in the future. An amendment to the City's adopted Comprehensive Plan will be needed after the MRGA boundary has been established. Consensus: It is the consensus of the Planning Commission to accept the proposed changes so the City Planning Department can move forward with an amendment to its MRGA boundary. The following 68 members voted in favor of the consensus: Mr. Weddle, Mr. Reeder, Mr. Bowen, Mr. Goetz and Commissioner Wagner. CIP Recommentation Ms. Baker presented for review the draft Capital Improvements Plan for the County, which provides funding and scheduling of projects throughout the County according to prioritized needs and available revenue. Focus was given to the FY 2021 budget proposal and its consistency with the County's adopted Comprehensive Plan. The budget for FY 2020-2029 was $56.3 million; the proposed budget for FY 2021- 2030 is $54.8 million. Ms. Baker noted that operating and capital budgets have been drastically cut due to the COVID-19 pandemic and its effects on the economy. Ms. Baker gave a brief overview of proposed projects included in the CIP, as follows: • Airport -Several upgrade projects are proposed and will be fully funded using Federal monies. • Bridges -Cleaning and painting of steel bridges will be deferred to other years. • Education -Three new school projects have been included to match the Board of Education's projected budget for school construction. No money will be fronted this year; funds have been earmarked for out years. • Hagerstown Community College has requested several projects including the widening of the entrance at Yale Drive. There will be no funding this year. • Parks and Recreation -funding is received through the State's Project Open Space Program. Projects have been added based on fiscal year funding for the Antietam Creek Water Trail, Black Rock Golf Course simulator, and drinking fountain upgrades. Other projects proposed in the out years are the Marty Snook Park swimming pool and ballfields, MLK Gymnasium upgrade, and Regional Park hiking trails and dog park. • Public Safety-maintenance and upgrading projects have been pushed to the out years. • Roads -improvements are proposed for Antietam Drive at Eastern Boulevard and have been moved to the out years. A salt storage structure is proposed • Solid Waste -projects have been moved to the out years. • Water Quality-proposed improvements at the Cascade Towne Center are needed due to aging water infrastructure. Consensus: It is the consensus of the Planning Commission that the proposed budget is consistent with the County's adopted Comprehensive Plan. The following members voted in favor of the consensus: Mr. Weddle, Mr. Reeder, Mr. Bowen, and Mr. Goetz. Director's Comments Ms. Baker informed members of a recent court opinion from the Court of Special Appeals regarding the Bowman Cornfield site plan, which was reviewed and approved by the Planning Commission in 2017. The approval of the site plan was challenged by a group of neighbors who contended that the County erred in its definition of a mixed-use retail area. The neighbors believed that the proposed use was a truck stop which is not a permitted use in the zoning district in which the property is located. The BZA upheld the approval of the site plan which was then forwarded to the Court of Special Appeals who overturned the BZA's decision. UPCOMING MEETINGS Monday, May 18, 2020, 7:00 p.m. -Washington County Planning Commission Rezoning Public Meeting (this will be a virtual only meeting) Monday, June 2, 2020, 7:00 p.m. -Washington County Planning Commission regular meeting ADJOURNMENT Mr. Weddle made a motion to adjourn the meeting at 8:25 p.m. The motion was seconded by Mr. Reeder and so ordered by the Chairman. WASHINGTON COUNTY PLANNING COMMISSION PUBLIC REZONING INFORMATION MEETING MAY 18, 2020 69 Due to current social meeting restrictions put in place by the Governor of Maryland because of the COVID- 19 pandemic, the Washington County Planning Commission held a public rezoning information meeting on Monday, May 18, 2020 at 7:00 p.m. virtually using Zoom software. No physical meeting took place. Commission members present at the meeting were: Clint Wiley, Denny Reeder, Drew Bowen, BJ Goetz, David Kline, Jeremiah Weddle and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant. Also present at the meeting were: Thomas Britner, counsel for the applicants; Linda Ebersole, applicant; Sean McDonald, applicant; Julie Greene, Herald Mail reporter; Meghan Jenkins and Jennifer Kinzer, Washington County Department of Planning & Zoning. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. REZONING PUBLIC MEETING RZ-20-001-Jone L. Bowman Residuary Trust and Linda Lou Ebersole Family Irrevocable Trust Staff Presentation Mr. Allen presented a map amendment application for property located at 11107, 11111, 11115, and 11119 Hopewell Road totaling 11.64 acres of land. The property is currently zoned HI -Highway Interchange. The applicants are proposing a change in zoning to RT-Residential Transition. All properties are located within the Urban Growth Area that surrounds the City of Hagerstown and the towns of Williamsport and Funkstown. Mr. Allen noted that during a piecemeal rezoning, the local legislative body is tasked with presenting findings of fact as delineated in Article 27.3 of the Washington County Zoning Ordinance. Criteria must be analyzed, which includes: population change in the election district, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development, relationship to the Comprehensive Plan and evidence of a change in the character of the neighborhood since the last comprehensive zoning or a mistake in the zoning applied at that time. Mr. Allen gave a brief overview of each of these criteria as they relate to the subject parcels. • Population -Between 1980 and 2010, the Halfway election district grew more slowly than the County as a whole {1.01% per year). • Availability of Public Facilities -There is currently no public water or public sewer available to the site. In the County's 2009 Water and Sewerage Plan, the site has been given the W-5 designation (Long Term Planned Service). Future public water service would be provided by the City of Hagerstown. The site has been given the S-3 (Programmed Service) designation. Future wastewater service would be provided by the County at the Conococheague Wastewater Treatment Plant. • Emergency Services-The nearest emergency services provider is the Volunteer Fire Company of Halfway. • Schools -These lots would not be subject to the school capacity mitigation requirements of the APFO because the four lot subdivision, created in 2000, should already be accounted for in present school capacity projections. • Present and Future Transportation Patterns -Hopewell Road is classified as a Minor Collector in the Transportation Element of the 2002 Comprehensive Plan. Minor Collector roads are designed to handle between 1,000 to 3,000 average daily traffic counts in rural areas. Traffic volume trends cannot be calculated in this area because there is no data available except for single day traffic counts collected by the County in 2016. Mr. Allen noted that funds have been earmarked in the County's current Capital Improvements Plan for the relocation of Wright Road which is approximately½ mile south of the site. • Public Transportation -There is no public transit available at this time. • Compatibility with Existing and Proposed Development -There is a mix of zoning classifications in the immediate vicinity of the property. HI surrounds the properties to the south, northeast and southwest near the intersection of 1-70 and 1-81. Land along Elliott Parkway backs up to the 70 railroad line and is zoned IG (Industrial General). To the north, across Hopewell Road and to the south below 1-81, there is a mixture of residential classifications. • Land Use -Both single-family and multi-family residential uses are present in the immediate vicinity. The property is bounded by the railroad line to the north and 1-81 to the south, where the land use is entirely residential or agricultural. • Historic Sites -The Maryland Historic Sites Inventory lists three historic resources withn a½ mile radius of the site. Lot 1 contains the Sprechers Mill House, which is an early 19th century, 2-story brick dwelling associated with Sprechers Mill (gristmill) formerly located on Semple Run. This structure is listed on the National Historic Register. • Relationship to the Adopted Comprehensive Plan -The 2002 adopted Comprehensive Plan delineates this site for low-density residential use. This would be compatible with the proposed RT zoning designation. Mr. Allen reviewed the criteria that should be evaluated for a mistake in the original zoning of the property. These include the following: 1. Failure to take into account projects of trends probable of fruition. 2. Decisions based on erroneous information 3. Facts that later prove to be incorrect 4. Events that have occurred since the current zoning 5. Ignoring facts in evidence at the time of zoning application. The applicant contends that the Board of County Commissioners erred in its decision during the 2012 UGA Comprehensive Rezoning. The applicant claims that the following items were not fully considered at that time: 1. The existing fact that substantial road improvements would be necessary to make the property suitable for commercial development. 2. The existing fact that public water is unavailable to the property. 3. The assumption that the property would be developed in conjunction with neighboring Parcel 695. Mr. Allen noted that the County originally intended for these parcels to be zoned RT; however, the property owners formally requested the HI designation. Plat 6462, recorded in 2000, demonstrates the prior intent of the owner to use the property for residential purposes. Many assumptions used by the Board in applying the HI Zoning designation in 2012 have proved incorrect with the passage of time. RT zoning on this property is logical and appropriate for the neighborhood. Applicant's Presentation Mr. Thomas Britner, 502 Lincoln Drive, Martinsburg, WV 25401, legal counsel for the applicants, was present at the meeting and gave a brief presentation. He reiterated that the County had originally designated these properties with the RT zoning designation and presented Applicant's Exhibit 3 which was a spreadsheet kept by the County during the Comprehensive Rezoning in 2012. This spreadsheet shows the proposed zoning of RT and the applicant's request for HI zoning. He then presented Applicant's Exhibit 4 which was a letter dated July 26, 2011 submitted to the Board of County Commissioners requesting the HI zoning and justification for this request. Three reasons were cited in this letter as justification for the HI zoning classification, as follows: 1. The HI zoning would be consistent with surrounding properties. 2. The property is in close proximity to 1-81. 3. The property would be developed in conjunction with Parcel 695. Mr. Britner believes that the developer did not take into consideration the magnitude of road improvements that would be needed to develop the property for a commercial use. Applicant's Exhibit 5 shows two ways to access the properties; one from Exit 3 off Virginia Avenue and one from Exit 5 from Halfway Boulevard. The preferred access would be from Exit 3; however, the roads from Exit 3 are not designed to handle large truck traffic. He also noted there is a single lane bridge along this route. In 2012 after the comprehensive rezoning, the applicant consulted with a professional engineer to determine what road improvements would be necessary in order to gain commercial access to the site. It has been established that access from Exit 3 is highly unlikely given the cost of the required improvements. Access from Exit 5 would also require a lot of improvements including widening of the roadway and upgrades to the railroad crossing. Mr. Britner stated that when the zoning was granted, the applicant did not take into consideration that public water and sewer are generally unavailable in this area. Any commercial use of the property would 71 require public water and sewer. Water would need to come from the City of Hagerstown. This site is located outside of the City's Medium Growth Range Area (MRGA), which would require a special exception to be granted by the City. Mr. Britner does not believe the applicant would qualify for a special exception. The argument for a mistake in the zoning of the property was the County's assumption that these properties would be developed in conjunction with Parcel 695. However, this has proven to be erroneous with the passage of time despite the best efforts of the applicant to develop the property for a commercial use. Other factors to consider is the fact that the Ebersole's now wish to convey one of the parcels to an immediate family member. Mr. Britner also pointed out that the HI zoning classification has created a non-conforming use of the Ebersole's property which is a residential use. In addition, he believes that the proposed RT zoning would be consistent and compatible with the surrounding area. Citizen Comment There were no citizens present at the meeting. One written comment was received prior to the meeting and it was in favor of the rezoning request. ADJOURNMENT The Chairman adjourned the meeting at 7:35 p.m. Respectfully submitted, WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING June 1, 2020 72 Due to current social meeting restrictions put in place by the Governor of Maryland because of the COVID- 19 pandemic, the Washington County Planning Commission held its regular monthly meeting on Monday, June 1, 2020 at 7:00 p.m. virtually using Zoom software. No physical meeting took place. Planning Commission members present were: Clint Wiley, Dennis Reeder, David Kline and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Jennifer Kinzer, Deputy Director; Travis Allen, Comprehensive Planner; Meghan Jenkins, GIS Analysis; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Rebecca Calimer, Chief of Plan Review; and Lisa Kelly, Senior Planner. Other attendees included: Adam Hager and Ed Schreiber, Frederick, Seibert & Associates; Jimmy Rowland; and Julie Greene, Herald Mail. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the May 4, 2020 regular meeting as presented. The motion was seconded by Commissioner Wagner and unanimously approved with the following members voting in favor of the approval: Mr. Reeder, Commissioner Wagner, Mr. Kline and Mr. Wiley. Motion and Vote: Mr. Kline made a motion to approve the minutes of the May 18, 2020 public rezoning information meeting as presented. The motion was seconded by Mr. Reeder and approved with the following members voting in favor of the approval: Mr. Kline, Mr. Reeder and Mr. Wiley. Commissioner Wagner abstained from the vote. -OLD BUSINESS RZ-20-001 Recommendation On May 18, 2020, the Planning Commission held a public rezoning information meeting for a map amendment application submitted by the Jone L. Bowman Residuary Trust and Linda Lou Ebersole Family Irrevocable Trust. The subject parcels are located at 11107, 11111, 11115 and 11119 Hopewell Road. The current zoning is HI (Highway Interchange); the applicants are requesting a change in zoning to RT (Residential Transition). Motion and Vote: Mr. Reeder made a motion to recommend approval to the Board of County Commissioners of the map amendment request as presented. The motion was seconded by Mr. Kline and approved with the following members voting in favor of the approval: Mr. Kline, Mr. Reeder, and Mr. Wiley; Commissioner Wagner abstained from the vote. -NEW BUSINESS SITE PLANS Windy Hill Dollar General Store [SP-20-010] Ms. Kelly presented for review and approval a site plan for Dollar General Windy Hill located along the north side of Clear Spring Road (Route 68) east of Clear Spring. The site was previously occupied by the Windy Hill Restaurant. The parcel is 1.98 acres in size and is currently zoned HI (Highway Interchange). The developer is proposing to demolish the existing building and construct a new 9100 square foot Dollar General Store. There will be one combined access onto Clear Spring Road. Thirty-two parking spaces are required; 34 parking spaces will be provided. The site will be served by a private well and septic system. Hours of operation will be 9 am to 10 pm, 7 days per week. Six to 10 employees are projected. Deliveries will be by tractor trailer on a weekly basis. Trash disposal will be provided by a screened dumpster. Lighting will be building and pole mounted. A new sign will be installed at the site of the existing sign at the front of the parcel near the access point. Landscaping will be provided adjacent to the building along the west side and to the north and northeast to screen adjacent properties. Forest Conservation requirements will 73 be met by paying the fee in lieu of $2,352.24. All agency approvals have been received with the exception of the Washington County Health Department. Discussion and Comments: Mr. Adam Hager of Frederick, Seibert & Associates, the consultant, stated that the use of the existing well and septic system has been discussed with the Washington County Health Department. The proposed use will be less intensive than the restaurant; therefore, no QUIDI testing will be required. An inspector for the Health Department also met with the consultant on site to inspect the existing septic system. Once the Health Department begins to review plans again, approval should happen quickly. Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan upon receipt of approval from the Health Department. The motion was seconded by Mr. Kline and approved with the following members voting in favor of the approval: Mr. Kline, Mr. Reeder, Commissioner Wagner, and Mr. Wiley. -INITIAL ADVICE Dollar General Huyett's [SP-20-013] Ms. Kelly presented a waiver request from Article 12.6(k) of the Washington County Zoning Ordinance, which requires all commercial businesses to have public water and public sewer facilities. The subject site is located at 16525 National Pike and is currently zoned BG (Business General). The site contained a single- family house, which has been demolished, and an existing commercial business, which has closed. Discussion and Comments: Mr. Ed Schreiber of Frederick, Seibert & Associates, the consultant, stated that the Health Department made an on-site visit, provided testing of the existing septic system, and has given its approval of using the existing septic system upon completion of system upgrades. A site plan has been submitted to the County's Department of Plan Review & Permitting, and will be presented to the Planning Commission at a future date. Consensus: The Planning Commission, by consensus, approved the waiver from Article 12.6(k) of the Washington County Zoning Ordinance, to allow the developer to use the existing septic system upon completion of upgrades to the system. Members in favor of the waiver were: Mr. Reeder, Mr. Kline, Commissioner Wagner, and Mr. Wiley. OTHER BUSINESS Update of Staff Approvals Mr. Holloway noted that Commission members received a full written report of all approvals prior to the meeting. During the month of May, the following plans were received: 3 storm water concept plans, 3 standard grading plans, 3 site specific grading plans, 3 simplified plats, 2 subdivision replats, 2 site plans, and 6 inspection and maintenance agreements. Also, there were 18 utility permits, 9 entrance permits, and 9 grading permits issued. Forest Conservation Annual Report Mr. Allen provided a brief power point presentation and summary of the Forest Conservation Annual Report. This report provides an overview of what has been planted and cleared as well as enforcement and non-compliance issues. A summary of the data reflects development activities occurring in Washington County during the prior fiscal year. Mr. Allen noted that he used data from FY 2018 as a comparison for FY 2019. He noted that in FY 2019, 218 projects were reviewed; 77 were found to be exempt from Forest Conservation Ordinance requirements, leaving 141 projects to comply with Forest Conservation requirements. Approximately 161 acres of land were put into long-term protection. • Forest Bonds: Bond money is collected when Forest Conservation mitigation is the planting of trees. The bond is released after 2 years if the developer completes all requirements of the project's Forest Conservation Plan. • Payment-in-Lieu: The payment in lieu (PIL) funds collected in FY 2019 were more than 3 times the amount collected in FY 2018. Over $300,000 was for one project (Vista Business Park Distribution Facility). PIL expenditures by the Washington County Soil Conservation District in FY 2018 were $136,000 versus $32,000 in FY 2019. • Implementation: Implementation costs in FY 2019 excluding PIL monies were $50,000 for staff inspections, labor, etc. Labor hours are estimated. Mr. Allen presented a chart showing 74 expenditures for FY 1995 to FY 2020, noting that PIL collection during FY 2019 was the highest recorded during the 25-year period. • Forest Banking: Forest Banking is a new concept to Washington County. A new forest bank containing 10 acres was established in FY 2019; more than half has already been used. • Enforcement and non-compliance: The Planning Commission granted the Department of Planning & Zoning staff the authority to review non-compliance fees in cases where the developer would not comply with forest conservation requirements. There were no non-compliance fees issued during this time period due to the Department's willingness to work with owners and developers to find amicable solutions to problems that have come up. Planning Commission Member Appointment Ms. Baker announced that Mr. Bowen's appointment ends on June 30, 2020. Commission members are asked to review applications received by the County showing an interest in serving on the Planning Commission and forward three recommendations to the County Commissioners. The Board of County Commissioners will make the final decision and appointment. Members reviewed several applications and chose three applicants, which Staff will forward to the County Commissioners and request this vacancy to be filled as soon as possible. ADJOURNMENT Mr. Kline made a motion to adjourn the meeting at 8:00 p.m. The motion was seconded by Mr. Reeder and so ordered by the Chairman. UPOMING MEETINGS Monday, July 6, 2020, 7:00 p.m. -Washington County Planning Commission regular meeting. Respectfully submitted, Clint Wiley, Chairman WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING July 6, 2020 75 Due to current social meeting restrictions put in place by the Governor of Maryland because of the COVID- 19 pandemic, the Washington County Planning Commission held its regular monthly meeting on Monday, July 6, 2020 at 7:00 p.m. virtually using Zoom software. No physical meeting took place. Planning Commission members present were: Clint Wiley, Dennis Reeder, BJ Goetz, David Kline and Ex- officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Jennifer Kinzer, Deputy Director; Travis Allen, Comprehensive Planner; Meghan Jenkins, GIS Analysis; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; and Rebecca Calimer, Chief of Plan Review. Other attendees included: Adam Hager, Frederick, Seibert & Associates; Derek Heckman, Jimmy Rowland; and Julie Greene, Herald Mail. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the June 1, 2020 meeting as presented. The motion was seconded by Mr. Goetz and unanimously approved. NEW BUSINESS FOREST CONSERVATION Gaver Meadows [FP-20-002] Mr. Allen presented for review and approval a request to utilize off-site retention to satisfy a portion of the 20.6 acre planting requirement for the Gaver Meadows development at 607 Beaver Creek Road and a request to remove 9 specimen trees from the site. Article 10.1 of the Washington County Forest Conservation Ordinance (FCO) describes the Preferred Sequence of Techniques for Mitigation for forest conservation plans. The list describes preferred techniques from on-site retention and planting to the payment of fee in lieu, which is the least preferred technique. The overall intent of the Ordinance is to preserve or create as much forest on-site within the constraints of the development before meeting mitigation obligations off-site. Mr. Allen noted that the second request is to remove 9 specimen trees from the site. Specimen trees are greater than 30 inches in diameter and are prioritized for retention in Article 8 of the Ordinance. Removal of specimen trees requires a variance as described in Article 15 of the Ordinance. The applicant must demonstrate unwarranted conditions of hardship exist and that removal of the specimen trees will not adversely affect water quality. Mr. Allen noted that a majority of the planting will be on-site and the off-site forest easement will be directly adjacent to the site. The applicant's justification statement indicates that the proposed development will not be feasible without the removal of the 9 specimen trees; 13 specimen trees will be retained. In the applicant's justification, there was no clear evaluation of the effect on water quality; however, several of the forest easements will be located in the floodplain on the western boundary line which will provide water quality benefits. Motion and Vote: Mr. Goetz made a motion to approve the request to utilize off-site retention as well as to remove the 9 specimen trees as presented. The motion was seconded by Mr. Reeder and unanimously approved with Mr. Goetz, Mr. Reeder, Mr. Kline, and Commissioner Wagner voting in favor of the motion. OTHER BUSINESS 17318 Shepherdstown Pike Ms. Calimer presented for review a proposal to modify land use within an RB (Rural Business) zone at 17318 Shepherdstown Pike. The Planning Commission is charged with determining if this is a minor change or a major change in land use per Section SE.7 of the Washington County Zoning Ordinance. The site is 76 currently occupied by the Antietam Gallery. The proposed use is a Dollar General Store. At this time, there is no official application or plan submitted to the County. Ms. Calimer noted that pictures of the proposed Dollar General were distributed to the Planning Commission prior to the meeting as well as two e-mails from concerned citizens. Mr. Adam Hager of Frederick, Seibert & Associates, the consultant, noted that the property is currently zoned P (Preservation) with the RB (Rural Business) floating zone. The property is located along Route 34, which is a State highway. The applicant believes the road will be adequate for the proposed use. The property is served by public utilities and has adequate parking available. The proposed plan would be subject to Historic District Commission review because it is located within the Antietam Overlay zone. The proposed store would not be a typical metal building but rather a wooden structure with a "general store" look, which the applicant believes is more compatible with the surrounding neighborhood and the historic feel of the area. Mr. Hager noted that the adjacent property owners they have spoken to are in favor of the proposal. The property to the north has an agricultural preservation easement; property to the south is home to the Sharpsburg Pharmacy which he stated is heavily used. Mr. Hager stated that a setback variance would be required from the Board of Zoning Appeals because parking is not permitted in the setback area. Therefore, a public hearing would be required and Mr. Hager believes this would give citizens an opportunity to voice their concerns. Discussion and Comments: Mr. Wiley expressed his opinion that a Board of Zoning Appeals public hearing for a parking variance is not adequate for public input. He believes the Town will be very sensitive to the historic presence and preservation of the area. Mr. Reeder noted that he has received comments from concerned citizens regarding traffic in the area. He believes that a Dollar General store would create more traffic than the current use on the site. Mr. Kline expressed his opinion that this is a major change in the neighborhood and citizens should be given the opportunity to comment. Mr. Goetz concurred with the other Commissioners' comments. Mr. Hager expressed his opinion that the proposed use will not be more intense than the pharmacy next door. He also believes that the proposed use will not generate new traffic in the area. This is already a busy highway and would draw customers from the traffic going by. Commissioner Wagner expressed his opinion that the proposed building would be compatible with the surrounding area. He doesn't believe this would generate additional traffic; it would be a convenience for the community, not a destination for travelers. Mr. Kline expressed his opinion that citizens need to be given ample opportunity to comment and give input on the proposal due to the historic character of the area; Mr. Wiley concurred. Motion and Vote: Mr. Kline made a motion that the proposed change is a major change and should require public hearings for citizen comments. The motion was seconded by Mr. Reeder and passed with Mr. Kline, Mr. Reeder, and Mr. Goetz voting in favor of the motion; Commissioner Wagner abstained from the vote. Update of Staff Approvals Mr. Holloway presented the following information for month of June: Land Development -60 inspection and maintenance agreements; 7 standard grading plans; 2 site specific grading plans; 2 subdivision re plats; 2 site plans and 1 Forest Stand Delineation. Permitting -21 grading plans, 16 entrance permits, and 3 utility permits issued. A detailed, written report was provided to the Planning Commission members prior to the meeting. Annual Report Ms. Baker presented the Annual Report that is submitted each year to the State of Maryland. She gave a brief overview of each section of the Annual Report. In 2019, the County issued approximately 200 new residential permits, primarily within the Priority Funding Areas (PFA). The PFAs are designated for growth and development because infrastructure in these areas is readily available. It was noted that the Development Capacity Analysis is in the process of being updated as part of the Comp Plan Update. The County's agricultural preservation program is actively preserving farmland with a goal of 50,000 acres in total. Currently, there is approximately 34,000 acres permanently preserved in the County. Other elements of the Report discuss residential and commercial development and growth in the County; and adequate public facilities management and mitigation. The County's Adequate Public Facilities Ordinance covers roads, schools, public water, public sewer, and fire protection. The last section of the Report was 77 a brief survey designed by the State to assist MDP and MOOT with identifying potential pedestrian/bicycle projects and project funding. Comprehensive Plan Update -Transportation Element Mr. Allen presented a draft of the Transportation Element within the Comprehensive Plan. The Transportation Element establishes goals and policies for the maintenance and improvements of the County's overall multi-modal transportation system. It recognizes the relationship between land use and transportation to promote efficiencies. Within the element we will analyze the strengths and weaknesses of our transportation system and identify future needs for inter-modal travel. Transportation investments affect many other elements of the Comp Plan, such economic development, housing, community facilities, etc. that affect our quality of life as a whole. As the County becomes more urbanized, we will need to consider other modes of travel, prioritized to avoid congestion and sprawl. Mr. Allen believes that we need to have transportation planning as well as accessibility planning working together focusing on the community's needs. A brief overview of transportation planning entities and the local, region and state levels was provided to describe how the County's transportation system comes to fruition. At the local level, the County has several Plans and Ordinances that discuss transportation. The APFO ensures development of roads concurrent with new development throughout the County. The Zoning Ordinance and Subdivision Ordinance detail standards for roadways and the Comp Plan lays out long-term visions for transportation and establishes long-term priorities. Some key design concepts associated with road transportation planning include: capacity, level of service, functional classifications and access management. Functional road classifications range from interstate roadways to local roads serving local residential communities. Other strategies to consider before building roads include Transportation Demand Management which involves strategies such as transit investment, ride sharing and tolls. The last strategy is traffic calming measures which promotes a safer roadway environment and improves livability within the local communities. Transit is provided by the Washington County Commuter bus system utilizing 9 fixed bus routes and 19 vehicles. Paratransit service is also available for people with disabilities. Human service transportation is provided through various public and private entities throughout the County. In 2010, the Hagerstown/Eastern Panhandle Metropolitan Planning Organization (HEPMPO) produced a Transit Development Plan. The Plan looked at various indicators such as people with disabilities, households with no vehicles, etc. The Plan identified select areas within the City of Hagerstown and the Town of Williamsport as possessing the greatest need among areas currently served by the County Commuter system. Mr. Allen noted that Washington County has ari outstanding bicycle and pedestrian transportation network. He discussed the potential adoption of a Complete Streets Policy which is a comprehensive and integrated policy that requires roads and adjacent rights-of-way to be planned, designed, operated and maintained in a manner to provide safe travel for all ages and modes of transportation. Recreational trails also include water travel; one of the newest trails in Washington County is the Antietam Water Trail. Freight transportation is a major mode of travel in our County because of the close proximity of two major interstates, 1-70 and 1-81. According to the Long Range Transportation Plan prepared by the MPO, there will be 7,000 to 10,000 more trucks on the road over the next 25 years; thereby creating the need for additional truck parking. Rail and air travel are becoming more popular modes of transportation not only for moving freight but for moving people from one place to another. Policies to support these two modes of travel were discussed. ADJOURNMENT Mr. Reeder made a motion to adjourn the meeting at 8:15 p.m. The motion was seconded by Commissioner Wagner and so ordered by the chairman. UPCOMING MEETINGS 1. Monday, August 3, 2020, 7:00 p.m., Washington County Planning Commission regular meeting WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING August 3, 2020 78 The Washington County Planning Commission held its regular monthly meeting on Monday, August 3, 2020 at 7:00 p.m. at 100 W. Washington Street, Room 2001, Hagerstown, MD. Due to current social meeting restrictions put in place by the Governor of Maryland because of the COVID-19 pandemic, the general public was not in attendance; however, the meeting could be viewed via Facebook live stream or on YouTube using the Washington County Commissioner's channel. Planning Commission members and staff could attend the meeting in person or virtually using Zoom software. Planning Commission members present (in person) were: Clint Wiley and Ex-officio County Commissioner Randall Wagner. Staff members present (in person) were: Washington County Department of Planning & Zoning: Jill Baker, Director. Planning Commission members present (virtually) were: BJ Goetz, Dennis Reeder, Jeremiah Weddle and David Kline. Staff members present (virtually) were: Washington County Department of Planning & Zoning: Jennifer Kinzer, Deputy Director; Meghan Jenkins, GIS Analyst; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director and Rebecca Calimer, Chief of Plan Review. Other attendees included: Gordon Poffenberger, Fox & Associates, Inc. and Julie Greene, Herald Mail. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Kline made a motion to approve the minutes of the July 6, 2020 regular meeting as presented. The motion was seconded by Mr. Goetz and unanimously approved with the following members voting in favor of the approval: Mr. Kline, Mr. Goetz, Mr. Reeder, Commissioner Wagner, and Mr. Weddle. -NEW BUSINESS SUBDIVISIONS Elmwood Farms Lots A and A-1 [S-17-040] Mr. Holloway presented for review and approval an extension request for Elmwood Farm Proposed Lot lA. This request is made In accordance with Section 310 of the Washington County Subdivision Ordinance which states, "Upon written request from the developer, the Planning Commission, or its designee, the Planning Director, may extend the time for approval or disapproval of the preliminary plat for a period not to exceed two years. The granting of any subsequent extensions shall be at the sole discretion of the Planning Commission.11 Discussion and Comments: Mr. Poffenberger, Fox & Associates, Inc., noted that the property would not pass perc tests run by the Health Department; therefore, public sewer has been extended to the Elmwood Farm Bed & Breakfast as well as to proposed Lot lA. Commission members briefly discussed the length of time to extend this project for completion with the consultant. Motion and Vote: Commissioner Wagner made a motion to extend the project completion date until December 31, 2020. The motion was seconded by Mr. Kline and passed with Commissioner Wagner, Mr. Kline, Mr. Reeder and Mr. Weddle voting in favor of the motion. Mr. Goetz abstained from the vote. SITE PLANS Big Cork Winery Agricultural Building Expansion [SP-18-018) Mr. Holloway presented for review and approval an extension request for the Big Cork Winery Agricultural Building Expansion project. Discussion and Comment: Mr. Poffenberger stated that this project is awaiting approval from the Health Department which has asked for affluent testing on the site. The tests have been taken and given to the Health Department; however, due to the Health Department being fully closed for nearly 4 months and only partially reopened now due to COVID-19 there is a delay in the process. 79 Mr. Kline expressed his opinion that the developer should be given ample time to complete the project because these circumstances are out of their control. Motion and Vote: Mr. Reeder made a motion to grant an extension until July 1, 2021 for this project to be completed. The motion was seconded by Mr. Weddle. Motion passed with Mr. Reeder, Mr. Weddle, Mr. Kline, Mr. Goetz and Commissioner Wagner voting in favor of the motion. OTHER BUSINESS Update of Staff Approvals Mr. Holloway noted that Commission members received a full written report of all approvals prior to the meeting. During the month of July, the following plans were received:, 7 standard grading plans, 3 site plans, 5 inspection and maintenance agreements and 3 Type 2 grading plans. Also, there were 3 utility permits, 22 entrance permits, and 19 grading permits issued. Comprehensive Plan Update -Agricultural and Forest Resources Element Ms. Baker noted that the Agricultural and Forest Resources Element is a new element within the Comp Plan. During public meetings, citizens voiced concerns regarding these vital resources in Washington County. The latest data (2017) in the Agricultural Resources Profile was collected from the US Department of Agriculture and the Agricultural Statistics Service. The element discusses the County's land preservation efforts and the many programs available, such as the Maryland Agriculture Land Preservation Program (MALPP) which is the oldest preservation program in our County. Other programs include: Rural Legacy, Installment Payment Program, Conservation Reserve Enhancement Program (CREP), and Next Generation Farmland. The County has made a lot of progress over the last several years in gaining easements and acreage each year. Ms. Baker referenced the chart showing the converted versus protected lands contained in the Plan. The Plan describes efforts made to support agriculture through agri-tourism, grown local movements, and focusing on young farmers. The Plan also focuses on land management policies, such as comprehensive zoning, agricultural districts and Priority Preservation Areas (PPAs), which were adopted in 2009. The PPAs are required by the State of Maryland to allow a percentage of the ag transfer tax to be retained and used for land preservation programs. The Plan also discusses the challenges that the County faces, such as de-facto farmland, alternative energy, and hybrid agricultural uses (uses that are becoming more commercial than agricultural). The Plan provides recommendations and guidance for dealing with these issues. The County originally set a goal of 50,000 acres of active agricultural farmland. To date, approximately 34,000 acres of farmland has been preserved. An analysis of critical mass to determine at what point agricultural land conversion starts to impact the agricultural industry should be completed. The forestry section of this element provides background data, the County's forest inventory, the importance of forest, the different types of forest, and the importance of trees for habitat, water quality, etc. Also discussed in this section are threats to a healthy forest, disease and animal grazing. Forest preservation and stewardship are discussed as well as the forest banking program and the payment in lieu program, which have helped to protect relevant forest throughout the County. ADJOURNMENT Commissioner Wagner made a motion to adjourn the meeting at 7:35 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman. UPOMING MEETINGS Monday, August 31, 2020, 7:00 p.m. -Washington County Planning Commission regular meeting. WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING August 31, 2020 80 Due to current social meeting restrictions put in place by the Governor of Maryland because of the COVID- 19 pandemic, the Washington County Planning Commission held its regular monthly meeting on Monday, August 31, 2020 at 7:00 p.m. virtually using Zoom software. No physical meeting took place. Planning Commission members present were: Clint Wiley, Dennis Reeder, David Kline, Jeremiah Weddle and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Jennifer Kinzer, Deputy Director; Travis Allen, Comprehensive Planner; Meghan Jenkins, GIS Analyst; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Rebecca Calimer, Chief of Plan Review; and Lisa Kelly, Senior Planner. Other attendees included: Brady Blair; Adam Hager and Dave Trostle, Frederick, Seibert & Associates; Julie Greene, Herald Mail; [PC-20-002} Elmer Weibley, Washington County Soil Conservation District; Lyndon Miller, Joel Strite, and Glenn Flickinger, property owners; [SP-20-013] Leroy Myers, property owner; [SP-20-014] James LaFleur and Terry Randall, Heritage Huyett, property owner; Jim Snyder and Joseph Peters, Snyder, Secary & Associates; Tim Johnston, Skelly Loy; [2020-02248] Ronald Bennett, property owner. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the August 3, 2020 regular meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. -NEW BUSINESS PRELIMINARY CONSULTATION Stoney Hill Farms Dairy [PC-20-002) Ms. Baker presented for review a preliminary consultation for Stoney Hill Farms Dairy located at 12968 Rowe Road, Smithsburg. In accordance with Division IX of the Animal Husbandry Ordinance, the expansion of any farming operation that produces more than 6,000 tons of manure per year must go through the preliminary consultation process and be reviewed by the Planning Commission. Ms. Baker noted that the plan was sent to six different agencies; no negative comments were received. Mr. Elmer Weibley with the Washington County Soil Conservation District stated that the expansion will include a robotic milking facility with 6 milking robots, 360 milking cows and 40 dry cows. A new building will be constructed as well as a manure storage facility and access roads around the facility. The manure facility has been designed in accordance with Natural Resources Conservation standards as agricultural BMPs and are therefore exempt from storm water management requirements. Mr. Weibley recommends approval of the facilities because they meet all ordinance requirements. Discussion and Comments: Mr. Reeder noted that this facility sits approximately 2,000 feet from any public roadways and would not be easily seen by the general public. Mr. Weddle noted that there is a statement on the plan that says, "for maximum nutrient value and odor control, manure should be incorporated into the soil where feasible". He stated that this farm is highly erodible and it is a "no till" farm. Mr. Weibley stated that there are 700 acres available so a portion of the manure may be spread but most of it will not be. Consensus: The Planning Commission recommends approval of the proposed plans for Stoney Hill Farms Dairy as presented. Dollar General -Huyetts [SP-20-013) A site plan for the proposed Dollar General -Huyetts located at 16527 National Pike was presented for review and approval. The property is currently zoned BG -Business General. Ms. Baker began the presentation by noting that this site was the subject of a variance requesting the continued use of the existing septic system on the site. Mr. Trostle of Frederick, Seibert & Associates noted that the existing 81 existing septic system on the site. Mr. Trostle of Frederick, Seibert & Associates noted that the existing site formerly housed a residential and a commercial use. The house and outbuildings have been demolished and the existing commercial structure was a former quilt shop. The existing commercial entrance previously used for the quilt shop will be the access for the Dollar General. The former driveway for the residential use will be closed. Ms. Kelly stated that the developer is proposing a 9,100 square foot Dollar General retail store on .75 acres with one access onto National Pike. Thirty parking spaces will be provided; 23 spaces are required. The hours of operation will be 9 a.m. to 10 p.m., 7 days per week. Six to 10 employees are projected. Public water will be provided by the City of Hagerstown and septic service will be provided by an on-site private septic system. There will be a screened dumpster to the rear of the building. Lighting will be pole and building mounted. There will be a free-standing sign along National Pike. Landscaping will be in front of the building, along the side and to the rear in a retention pond. Forest Conservation requirements will be met by paying the fee in lieu of planting for $2,482.92. Discussion and Comments: Mr. Reeder asked if the septic system will handle both the existing 3,600 square foot commercial structure and the proposed 9,100 square foot Dollar General. Mr. Trostle stated that the proposed upgrades to the septic system will handle both buildings on the property. Mr. Reeder noted that the existing structure shows 4 parking spaces with one handicapped space and asked if that meets the Zoning Ordinance requirements. Ms. Kelly stated it does meet all the applicable requirements. Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was seconded by Mr. Kline and unanimously approved. Creekside Logistics Center (SP-20-014] Mr. Holloway presented for review and approval a site plan for Creekside Logistics Center located at 12520 Greencastle Pike. The property is currently zoned Pl -Planned Industrial. The developer is proposing to construct a 730,910 square foot warehouse/distribution facility. Approximately 222 employees are anticipated per shift. Public water service will be provided by the City of Hagerstown and public sewer will be provided by Washington County. On May 13, 2020, a variance was granted by the Board of Appeals [AP-2020-010] to reduce the number of parking spaces from 544 spaces to 408 spaces. A small portion of the property to the rear of the site is located in the 100 year floodplain; however, no construction will be taking place in that area. Currently, there are no specific tenants for the property; therefore, signage will be addressed separately for each tenant. Discussion and Comments: Mr. Reeder asked if deceleration lanes would be provided on Greencastle Pike into the site and if the plans have been approved by the State Highway Administration. Mr. Jim Snyder of Snyder, Secary & Associates, stated decel lanes were not required per the Traffic Impact Study which was reviewed and approved by the State Highway Administration. However, the radii of the driveway into the site will be increased to accommodate larger vehicles. Motion and vote: Mr. Reeder made a motion to grant staff the authority to approve the site plan pending all approvals from reviewing agencies. The motion was seconded by Mr. Weddle and unanimously approved. FOREST CONSERVATION Creekside Logistics Center (SP-20-014) Mr. Allen presented for review and approval a variance request to remove six different specimen trees from the proposed Creekside Logistics Center site located at 12520 Greencastle Pike. Article 8 of the Forest Conservation Ordinance defines specimen trees as trees larger than 30 inches in diameter. The removal of specimen trees requires approval of a variance by the Planning Commission under Article 15 of the Ordinance. The applicant must demonstrate that conditions of hardship exist to warrant the removal of the specimen trees and show that their removal would not adversely affect water quality. A justification letter from a qualified professional dated August 13, 2020 was submitted with the Forest Conservation Plan. It contends that site constraints require removal of these trees due to parcel size, parking requirements, storm water requirements, etc. The developer intends to preserve 11 of the 17 specimen trees delineated on the Plan. It was noted that other building site locations would require removal of better specimen trees on the site. The letter states that the majority of the trees to be removed are in fair or poor condition. The developer is proposing to mitigate the water quality effects by creating a 1.25 acre area of wetland and a pollinator habitat. The FCP is actually proposing to remove less forest than permitted according to the forest plan worksheet. Motion and Vote: Mr. Weddle made a motion to approve the variance request as presented. The motion was seconded by Mr. Reeder and unanimously approved. 82 OTHER BUSINESS South Pointe PUD [2020-02248] Mr. Holloway presented for review and approval a variance request to reduce the side yard setback from 8 feet to 4 feet. The property is located at 1209 Hillbrook Drive in the South Pointe PUD. Mr. Bennett, the property owner, stated that he wants to make the single car carport into a double car garage. He has spoken to his neighbors and they are not opposed. Motion and Vote: Mr. Weddle made a motion to approve the variance as presented. The motion was seconded by Mr. Kline and unanimously approved. Update of Staff Approvals Mr. Holloway noted that Commission members received a full written report of all approvals prior to the meeting. During the month of August, the following plans were received: 4 standard grading plans, 2 simplified plats, 1 subdivision replat, 2 storm water concept plans, 1 red-line revision, 1 forest stand delineation, and 6 inspection and maintenance agreements. Also, there were 1 utility permit, 11 entrance permits, 16 grading permits, and 2 non-residential construction permits issued. ADJOURNMENT Mr. Reeder made a motion to adjourn the meeting at 7:40 p.m. The motion was seconded by Mr. Weddle and so ordered by the Chairman. UPOMING MEETINGS Monday, October 5, 2020, 7:00 p.m. -Washington County Planning Commission regular meeting. Respectfully submitted, ~t✓.f:A~ WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING October 5, 2020 83 Due to current social meeting restrictions put in place by the Governor of Maryland because of the COVID- 19 pandemic, the Washington County Planning Commission held its regular monthly meeting on Monday, October 5, 2020 at 7:00 p.m. virtually using Zoom software. No physical meeting took place. Planning Commission members present were: Clint Wiley, Dennis Reeder, Robert Goetz, David Kline, Jeremiah Weddle and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Jennifer Kinzer, Deputy Director; Travis Allen, Comprehensive Planner; Meghan Jenkins, GIS Analyst; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Rebecca Calimer, Chief of Plan Review. Other attendees included: Ed Schreiber, Frederick, Seibert & Associates; Elmer Weibley, Washington County Soil Conservation District; Britt Rife, Theresa Thoms and Patti Reynolds [17165 Black Stallion Lane]; and William Wantz. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the August 31, 2020 regular meeting as presented. The motion was seconded by Mr. Weddle and unanimously approved. PUBLIC INPUT MEETING Solid Waste Management & Recycling Plan Amendment [SW-20-001) Ms. Baker presented a proposed amendment to the Washington County Solid Waste Management and Recycling Plan to include Office Building Recycling. She explained that during the last General Assembly, legislation was passed for Office Building Recycling Plans. The definition in the legislation applies to office buildings that have 150,000 square feet or more of office space. Currently, Washington County only has three buildings that meet that definition. Typically, those businesses already have recycling plans in place. The proposed amendment has been reviewed and approved by the Maryland Department of the Environment. No written comments have been received and no citizens requested time to make comments during this evening's meeting. Discussion and Comments: Mr. Reeder asked who would monitor compliance with the recycling plans. Ms. Baker stated that monitoring would be achieved through end-of-the-year reporting to MOE. Washington County will not be responsible to inspect the businesses. Motion and Vote: Mr. Weddle made a motion to recommend approval to the Board of County Commissioners of the proposed amendment as presented. The motion was seconded by Mr. Goetz and unanimously approved with Commissioner Wagner abstaining from the vote. -NEW BUSINESS FOREST CONSERVA T/ON Jone L. Bowman Subdivision [S-20-025) Mr. Allen presented a request to relocate a 1.44 acre forest easement from its current location at 11107, 11111 and 11115 Hopewell Road. These properties were part of a recent rezoning from HI (Highway Interchange) to RT (Residential Transition) approved by the Board of County Commissioners. The applicant wishes to move the 1.44 acre forest easement area to an off-site location owned by Mr. Don Bowman near Porters Lane and Exline Road. In 2000, a 2.69-acre forest easement was created as part of the approval of a 4 lot subdivision. At that time, 1.25 acres of forest was retained and 1.44 acres was to be planted to meet mitigation requirements. The planting of the 1.44 acres was never completed. 84 As part of the applicant's justification for moving the easement, a letter was provided from a qualified professional, Shannon Stotler of Frederick, Seibert & Associates. Mr. Stotler expressed his opinion that there is a greater environmental effect achieved by adding to an existing established off-site forest easement. It was noted there are invasive plants in the easement area that would adversely impact the ability to establish new forest. He believes that it would be burdensome for the applicant to obtain a forest bond and maintain a planting area for two years. Mr. Allen stated that as part of the request, the applicant should demonstrate two key elements for relocating the easement: 1) why the current plan is not feasible, and 2) why the other techniques outlined in Article 10 of the Forest Conservation Ordinance's "Preferred Sequence of Mitigation" are not possible for this site. Mr. Allen noted that by moving the easement off-site, the applicant would not be creating any new forest. The loss of on-site forest or the opportunity for creating new forest can lead to lost ecosystem services provided to the area that are no longer available, such as storm water management, water quality, air quality, etc. Mr. Travis noted that typically the County does not encourage the establishment of on-site forest easements on lots owned by several different individuals due to size constraints of the lots. However, in this case, the easement is located in an area that would not be disturbed during construction and the lots are large enough to accommodate on-site plantings. The applicant did not address any other alternatives listed in the "Preferred Sequence of Mitigation". Staff believes that the Forest Conservation Plan that was previously approved is still feasible and that obtaining a forest bond would not pose an undo burden on the applicant. Motion and Vote: Mr. Reeder made a motion to approve the request to move the forest easement off- site as proposed. The motion was seconded by Mr. Kline and unanimously approved. Soil Conservation Easement Candidates Mr. Weibly presented a request to use funds from the Forest Conservation program to purchase easements on three individual properties. The three properties are as follows: 1) Dirk and Nancy Devault, 16315 & 16323 Shinham Road, 20.73 acres 2) Gary and Brenda Beachley, Lots 1 and 2, Park Hall Road, 19.16 acres 3) Jeffery and Susan Lescalleet, 10701 Shanktown Road, 40.44 acres Motion and Vote: Mr. Reeder made a motion to recommend approval to the Board of County Commissioners to use Forest Conservation funds to purchase the easements as presented. The motion was seconded by Mr. Kline and unanimously approved with Commissioner Wagner abstaining from the vote. OTHER BUSINESS 17165 Black Stallion Lane Ms. Calimer, on behalf of Mr. Holloway, presented a request for a change of use from an assisted living facility to a proposed transitional or shelter care facility located at 17165 Black Stallion Lane. The property is currently zoned A(R) with RB floating zone (Agricultural, Rural with Rural Business floating zone). There is no site plan on file for the assisted living facility. Mr. Britt Rife, representing the contract purchaser, stated that the proposed use is permitted in the zoning district. The developer is proposing a residential addiction, counseling and support services facility. The applicant contends that this is not a significant change in the use of the property from an assisted living facility. Discussion and Comments: Commissioner Wagner asked if public sewer serves this site. Mr. Reeder stated that a new state-of-the-art conventional septic system was recently installed on this property by CR Semler. Commissioner Wagner expressed his concern that the septic system might not be able to handle the proposed 72 bed facility. Mr. Rife stated that currently there are only 48 beds proposed for this facility and confirmed by Theresa Thoms. Mr. Reeder asked if the residential property behind the facility is also being purchased by the developer. Mr. Rife stated it is not being purchased as part of this project. Motion: Mr. Reeder made a motion to approve the change in use as a 48 bed facility. The motion was seconded by Mr. Weddle. 85 Clarification: Ms. Baker stated that the request before the Commission is to determine if the change of use to a 48 bed residential addiction facility is a significant change from the 48 bed assisted living facility. Discussion and Comments before the Vote: Mr. Kline expressed his opinion that this is a significant change in use and he believes public input is needed. He believes there are several issues that could lead to unintended consequences. Mr. Reeder and Mr. Weddle concurred with Mr. Kline and the previous motion was withdrawn. Mr. Kline clarified that he is not opposed to the proposed facility but he believes that the public should have the opportunity to comment on the proposed use. Motion and Vote: Mr. Kline made a motion that the proposed change in use is significant and a public hearing should be required. The motion was seconded by Mr. Weddle and unanimously approved with Mr. Goetz and Commissioner Wagner abstaining from the vote. Update of Staff Approvals Mr. Holloway was not present at the meeting; however, he provided a copy of his report that was forwarded to members prior to the meeting. CLOSED SESSION [7:50 p.m.J To discuss potential candidates to be recommended to the Board of County Commissioners for appointment to the Planning Commission to fill a current vacancy. ADJOURNMENT Mr. Weddle made a motion to adjourn the meeting at 8:15 p.m. The motion was seconded by Mr. Kline and so ordered by the Chairman. UPCOMING MEETINGS Monday, November 2, 2020, 7:00 p.m. -Washington County Planning Commission regular meeting. Respectfully submitted, c8~1~rd4& WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING November 2, 2020 86 Due to current social meeting restrictions put in place by the Governor of Maryland because of the COVID- 19 pandemic, the Washington County Planning Commission held its regular monthly meeting on Monday, November 2, 2020 at 7:00 p.m. virtually using Zoom software. No physical meeting took place. Planning Commission members present were: Clint Wiley, Dennis Reeder, Robert Goetz, David Kline, Jeremiah Weddle, and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Jennifer Kinzer, Deputy Director; Travis Allen, Comprehensive Planner; Meghan Jenkins, GIS Analyst; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Rebecca Calimer, Chief of Plan Review and Lisa Kelly, Senior Planner. Other attendees included: Jeff Semler; Fred Federick, Frederick, Seibert & Associates; Tanya Phillips and Jason Adkins, JTA Investments LLC; Mark Grove and Asya Brown [OM-20-009]. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Weddle made a motion to approve the minutes of the October 5, 2020 regular meeting as presented. The motion was seconded by Mr. Reeder and unanimously approved. -NEW BUSINESS MODIFICATIONS Mark A. Grove [OM-20-009) Ms. Kelly presented a modification request to create a previous simplified parcel to a building lot without public road frontage. The property is located south of Dry Run Road and is currently zoned A(R) - Agricultural Rural. In 1989, Parcel B which is 8.10 acres, was created as a simplified lot and was to be added to the adjoining property. However, it was never officially conveyed in 1989 and the new owner of Parcel B would like to develop the property. The owner is asking the Planning Commission to remove the "Not for Development" restriction placed on the property in 1989. This parcel would not have public road frontage; however, an easement for access to Dry Run Road is included in the current deed for Parcel B. Motion and Vote: Mr. Goetz made a motion to approve the modification request as presented. The motion was seconded by Mr. Weddle and unanimously approved. PRELIMINARY CONSULTATION Foxberry Farms, lots 8-14 [PC-20-003) Ms. Kelly presented for review a preliminary consultation for Foxberry Farms, Lots 8-14 located along the west side of Leitersburg/Chewsville Road. The property is currently zoned A(R) -Agricultural Rural. The developer is proposing 7 single-family lots ranging in size from 2.29 to 23.9 acres for a total of 53.6 acres. The remaining lands will be 26.5 acres in size. The first 7 lots were created in the early 2000s as Keuper Estates. Ms. Kelly briefly reviewed comments received from the approving agencies during the preliminary consultation. The preliminary plat has already been submitted to the Department of Plan Review. Staff is requesting that the Planning Commission grant staff the authority to approve the preliminary plat upon receipt of all required revisions. Discussion and Comments: Mr. Fred Frederick of Frederick, Seibert & Associates stated that a preliminary consultation was held in 2003. At that time, the developer was proposing 21 single-family lots in this subdivision. However, in 2012, legislation was passed by Governor O'Malley, that limited the number of lots in a subdivision on private septic systems to 7 lots plus the remaining lands. Therefore, this subdivision has been scaled back to a total of 14 lots plus the remaining lands. The remaining lands cannot be further subdivided. 87 Motion and Vote: Mr. Reeder made a motion to grant staff the authority to approve the preliminary plat. The motion was seconded by Mr. Kline and unanimously approved. FOREST CONSERVATION Potomac Edison Ringgold Substation [SP-20-015) Mr. Allen presented for review and approval a request to use off-site forest retention to meet requirements of the Washington County Forest Conservation Ordinance for property located at 12918 Bikle Road. The property is currently zoned BG -Business General. As part of the site plan process, the developer is required to retain .91 acres of forest on-site in order to expand the existing substation. By moving the easement to an off-site location, the developer will be required to establish a 1.82 acre easement. The developer is proposing to create the easement on an adjacent parcel that will protect existing forest within the floodplain; this will offer water quality benefits. Justification for this request was provided by a qualified professional with the consultant, Frederick, Seibert & Associates. Discussion and Comments: Mr. Kline stated that Potomac Edison is required to update an existing transmission line that runs from Ringgold into Frederick County; therefore, upgrades are required for the substation as well. This expansion is needed forTransource to build a new line. Because transmission lines are Federally regulated, all rights-of-way and clearances must be strictly adhered to. Placing the forest retention area on a separate parcel will alleviate the need to cut down trees in the future for new lines. Motion and Vote: Mr. Reeder made a motion to approve the off-site forest retention as presented. The motion was seconded by Mr. Goetz and unanimously approved with Mr. Kline abstaining from the vote. OTHER BUSINESS 21036 National Pike Mr. Holloway presented a request for a change of use on property located at 21036 National Pike from a recreation center to an automotive repair business. The property is currently zoned RB -Rural Business. Discussion and Comments: Ms. Tanya Phillips and Mr. Jason Adkins, owners of JTA Investments LLC, were present at the meeting. Ms. Phillips stated that it is the intent of JTA Investments to purchase the property and to relocate Adkins Automotive to this location. The existing farmer's market and flower stand businesses would continue to lease a portion of the property and operate at this location. JTA Investments would consider leasing the Go-Kart and miniature golf course to interested parties in the future. Mr. Goetz asked what the hours of operation would be for Adkins Automotive. Ms. Phillips stated it would be Monday thru Friday 8 a.m. to 5 p.m., Saturday 8 a.m. to noon or 2 p.m. but it would not be every Saturday. Mr. Goetz expressed his opinion that the proposed uses would operate during the day and would have less impact on the neighbors during the evening hours than the recreation center did in the past. Mr. Reeder asked if the proposed use is a permitted use in the current zoning designation. Mr. Holloway stated it is a permitted use under the Zoning Ordinance regulations. Motion and Vote: Mr. Kline made a motion that this request be designated as a minor change, not requiring a public hearing. The motion was seconded by Mr. Reeder and unanimously approved. Update of Staff Approvals Mr. Holloway presented the following information for the month of October for Plan Review-Land Use: 8 standard grading plans, 8 inspection and maintenance agreements, 3 preliminary/final plats, 2 storm water management concept plans, and 2 site plans; Permitting: 10 grading permits, 9 entrance permits, 1 flood plain permit, 1 non-residential ag permit, and 1 non-residential sign permit. Demolition Permit 2020-03241 Ms. Baker presented a demolition permit for property located at 17705 Millers Sawmill Road. This property has a significant amount of history because it is near the Antietam Battlefield and was involved with the Battle of Antietam and was owned by the Chapline family (founders of Sharpsburg) at one time. During the 1980s, the Maryland Environmental Trust (MET) obtained an easement on this property for its historic and cultural resources. This easement included a caveat that the home structure could not be demolished without prior approval by MET. In 2011, Michael Stivers, owner of the property, requested 88 permission to demolish the house. At that time, MET denied the request noting that the property was salvageable and recommended that Mr. Stivers "mothball" the structure. On April 15, 2020, Mr. Stivers again contacted MET requesting demolition of the house. After review of the application and supporting documentation, MET found that the house had deteriorated to the point it could no longer be salvaged. MET reluctantly approved the demolition with conditions, one of which was to follow the regulations set forth by Washington County. Mr. Stivers applied for a demolition permit with the County, which was reviewed by the Historic District Commission. Two members of the Commission and one staff member were permitted to visit and document the property. Immediately following this visit and prior to the Historic District Commission's decision, the house was demolished (without the proper permit). The HDC decided to recommend denial of the permit. As a matter of procedure, the demolition permit application must still be acted upon and closed. Because the HDC recommended denial of the permit, it must now be reviewed by the Planning Commission for its recommendation. Discussion and Comments: Commissioner Wagner asked if MET could have denied the demolition permit. Ms. Baker stated they could have denied it due to the restrictions that were placed on the property at the time the easement was purchased. Mr. Kline asked if the property owners were paid for the easement. Ms. Baker stated they were paid for the easement. Ms. Baker explained that the County has no regulatory authority to deny a demolition permit. However, we are trying to educate and encourage property owners to use alternatives to demolition of the County's historic resources. After talking to HDC members, Mr. Stivers salvaged several pieces of materials from the structure, such as windows, porch posts, window guards, etc. that he plans to use as part of the new house he is building on the property. There was a brief discussion regarding funding sources, including the County's tax credit program, for people who want to preserve historic structures. Staff is continually working to find grant monies to update the historic sites inventory and updating the County's website to include more information about preserving, restoring, and rehabilitating historic resources as well as salvaging and re-use of materials from historic resources. Motion and Vote: Mr. Weddle made a motion to support the demolition of the structure at 17707 Millers Sawmill Road. The motion was seconded by Mr. Reeder and unanimously approved with Commissioner Wagner abstaining from the vote. ADJOURNMENT Mr. Kline made a motion to adjourn the meeting at 8:05 p.m. The motion was seconded by Mr. Reeder and so ordered by the Chairman. UPOMING MEETINGS Monday, December 7, 2020, 7:00 p.m. -Washington County Planning Commission regular meeting. Respectfully submitted, WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING December 7, 2020 89 Due to current social meeting restrictions put in place by the Governor of Maryland because of the COVID- 19 pandemic, the Washington County Planning Commission held its regular monthly meeting on Monday, December 7, 2020 at 7:00 p.m. virtually using Zoom software. No physical meeting took place. Planning Commission members present were: Clint Wiley, Dennis Reeder, Robert Goetz, David Kline, Jeremiah Weddle, Jeff Semler, and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Jennifer Kinzer, Deputy Director; Travis Allen, Comprehensive Planner; Meghan Jenkins, GIS Analyst; and Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Rebecca Calimer, Chief of Plan Review and Lisa Kelly, Senior Planner. Other attendees included: Trevor Frederick, Frederick, Seibert & Associates; Syd Macha!, Jeff Pilot and Mark Svrcek [16609 Shepherdstown Pike]; and Mike Lewis [Herald Mail]. CALL TO ORDER The Chairman called the meeting to order at 7:00 p.m. MINUTES Motion and Vote: Mr. Reeder made a motion to approve the minutes of the November 2, 2020 regular meeting as presented. The motion was seconded by Mr. Kline and unanimously approved. -NEW BUSINESS SITE PLANS Taylor Farms I LLC [SP-20-012] Ms. Kelly presented for review and approval a site plan for Taylor Farms I LLC for property located at 16220 Wright Road. The developer is proposing a warehouse and office building totaling 825,000 square feet on 53 acres of land currently zoned IG (Industrial General). Access to the site will be from Wright Road, which will be located further north from its current location. The new portion of Wright Road, closest to the proposed building when relocated, will create a single-family lot with an existing house and another lot without development. A plat is currently being reviewed by the Department of Plan Review -Land Development. The site will be served by public water and sewer. Hours of operation will be 24 hours per day, 7 days per week. There will be 7 to 10 delivery trucks per day. There will be 42 office employees and 165 warehouse employees. Solid waste will be collected in a roll-off trash compactor at the bay. Lighting will be pole and building mounted as well as lighting throughout the parking lot. Parking spaces required is 656 spaces; 492 parking spaces will be provided. A variance to reduce the number of parking spaces was granted by the Board of Zoning Appeals in July 2020. Signage will be determined later and will meet the requirements of the Zoning Ordinance. Forest Conservation requirements will be met by retaining 1.69 acres of existing forest along Wright Road, and a 34 acre forest easement on Honeyfield Road near Greencastle Pike. Allocation letters from the Health Department are pending. All other agency approvals have been received. Discussion and Comment: Mr. Semler asked if the railroad crossing on Elliott Parkway would be upgraded to current standards. Mr. Frederick stated that Elliott Parkway to Wright Road would be widened from Wright Road to the railroad tracks and from the railroad tracks east, a new road will be constructed. At the intersection of Elliott Parkway and Wright Road, the inside radius for trucks entering Wright Road will be increased to accommodate tractor trailers. FOREST CONSERVATION Taylor Farms I LLC [SP-20-012] Mr. Allen presented for review and approval a request to establish an off-site forest easement and a variance to remove 7 specimen trees from property located at 16220 Wright Road. Specimen trees are trees greater than 30" in diameter at breast height. Disturbance of 58 acres on the site will require an 90 18.98 acre planting requirement. Article 10 sets forth the preferred sequence of forest mitigation preferences and the specimen tree variance is covered under Article 15 of the Forest Conservation Ordinance. Specimen trees are prioritized for retention under Article 8 of the Forest Conservation Ordinance. The developer was originally proposing a 1.69 acre forest easement along Wright Road immediately below the relocated Wright Road. However, the county is requesting a right-of-way to provide access for future development; therefore, the easement would be bisected. The developer is now asking to utilize the payment in lieu method of mitigation for the area being displaced by the right-of-way, which will be .10 acre. The off-site forest easement must be mitigated at a 2:1 ratio; therefore, the off-site mitigation easement will be approximately 35 acres. The developer is also requesting a variance for the removal of specimen trees on the site. In the justifi- cation letter provided by the applicant, development would not be feasible without the removal of the trees. The location of the trees and changes in topography would make retention difficult. The letter offered no evaluation of the effects that removing the specimen trees would have on water quality. The proposed easements would retain forest in the flood plain which would provide water quality benefits. Motion and Vote: Mr. Goetz made a motion to approve the site plan, the on-site forest mitigation, the payment-in-lieu and the off-site mitigation as presented. The motion was seconded by Mr. Kline and unanimously approved. OTHER BUSINESS 16609 Shepherdstown Pike Mr. Holloway presented a request to add additional uses on the property located at 16609 Shepherdstown Pike. The property is currently zoned RB -Rural Business. This property most recently housed an engineering firm. The new owners want to open a printing business on the second floor of the large structure located on this property and make the first floor a brewing company. The small outside building (approximately 400 square feet in size) would house a commuter/drive-up coffee house. The proposed uses are permitted by the Zoning Ordinance in the RB district. Discussion and Comment: Mr. Mark Syrcek, the purchaser, was present at the meeting. He stated that the property originally housed the Ferry Hill Restaurant, was then converted to the American Legion and finally the engineering firm. There was also a filling station on the property at one time that used the small building now proposed for a coffee house. Several members expressed their opinions that this would be a minor change in use since the property was formerly a restaurant and American Legion. Motion and Vote: Mr. Reeder made a motion that this request be designated as a minor change, not requiring a public hearing. The motion was seconded by Mr. Weddle and unanimously approved with Commission Wagner abstaining from the vote. Update of Staff Approvals Mr. Holloway presented the following information for the month of November for Plan Review -Land Use: 4 standard grading plans, 5 inspection and maintenance agreements, 2 storm water management concept plans, 2 site-specific grading plans, and 1 site plan; Permitting: 19 entrance permits, 15 grading permits and 2 utility permits. Solar Energy Generating Systems (SEGS) Mr. Weddle began a discussion regarding regulations pertaining to the placement of SEGS. He expressed his opinion that SEGS should not be placed on any lands with Class I, II or Ill soils. Members discussed the possibility of a meeting to establish some guidelines on the preferred placement and regulations of SEGS in Washington County. It was noted that currently, the County reviews applications and can participate in PSC meetings; however, the Public Service Commission has the final decision. Members discussed placing solar arrays over large parking areas or on rooftops of large buildings. Mr. Holloway suggested including the members of the Board of Zoning Appeals in these discussions so they can hear the concerns and ideas of the Planning Commission. Staff has been assigned the task of setting up a workshop meeting to discuss this issue further. 91 ADJOURNMENT Mr. Weddle made a motion to adjourn the meeting at 7:45 p.m. The motion was seconded by Commissioner Wagner and so ordered by the Chairman. UPOMING MEETINGS Monday, January 4, 2021, 7:00 p.m. -Washington County Planning Commission public rezoning input meeting and regular meeting. Respectfully submitted, Clint Wiley, Chairman j