HomeMy WebLinkAbout230822aJohn F. Barr, President
Jeffrey A. Cline, Vice President
BOARD OF COUNTY COMMISSIONERS
August 22, 2023
OPEN SESSION AGENDA
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President John F. Barr
APPROVAL OF MINUTES: August 8, 2023
August 14, 2023
9:05 AM COMMISSIONERS’ REPORTS AND COMMENTS
9:15 AM STAFF COMMENTS
9:20 AM CITIZEN PARTICIPATION
9:30 AM PUBLIC HEARING – APPLICATION FOR ZONING TEXT AMENDMENT RZ-23-
001
Jill Baker, Director, Planning and Zoning
10:00 AM PRESENTATION BY DEMENTIA FRIENDLY AMERICA WASHINGTON
COUNTY
Pete McMillan, Amanda Crawford, Rebekah Blum and Carolyn Perrygo of Dementia
Friendly America Washington County
10:05 AM PRESENTATION OF PROCLAMATION DECLARING WASHINGTON COUNTY
DEMENTIA FRIENDLY
Washington County Board of County Commissioners to Dementia Friendly America
Washington County
10:10 AM EXPENDITURE OF ACCRUED PAYMENT-IN-LIEU (PIL) OF FUNDS IN
ACCORDANCE WITH THE FOREST CONSERVATION ACT
Travis Allen, Senior Planner, Planning and Zoning; Dee Price, District Manager,
Washington County Soil Conservation District
10:20 AM APPLICATION FOR ZONING MAP AMENDMENT RZ-23-005
Travis Allen, Comprehensive Planner, Planning and Zoning
10:35 AM UTILITY FIBER WORK
Scott Hobbs, Director, Engineering
10:40 AM BUDGET ADJUSTMENT
Kristin Grossnickle, Circuit Court Administrator
Derek Harvey
Wayne K. Keefer
Randall E. Wagner
Page 2 of 2
OPEN Session Agenda
August 22, 2023
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200
Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting.
10:45 AM COMMUNITY ORGANIZATION FUNDING – AVAILABLE FUNDING AND
SERVICE PRIORITY AREA ALLOCATIONS
Rachel Souders, Senior Grant Manager, Grant Management
11:00 AM CLOSED SESSION - (To discuss the appointment, employment, assignment,
promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of
appointees, employees, or officials over whom this public body has jurisdiction; or any other
personnel matter that affects one or more specific individuals To consult with counsel to obtain legal
advice on a legal matter and To conduct collective bargaining negotiations or consider matters that
relate to the negotiations)
12:10 PM RECONVENE IN OPEN SESSION
12:10 PM SECOND STAFF COMMENTS
ADJOURNMENT
Open Session Item
SUBJECT: PUBLIC HEARING: Application for Zoning Text Amendment RZ-23-001
PRESENTATION DATE: August 22, 2023
PRESENTATION BY: Jill Baker, AICP, Director, Department of Planning and Zoning
RECOMMENDED MOTION: The purpose of this public hearing is to take public comment on the
rezoning application. The Commissioners may take action to approve or deny the request or wait until
a later date to deliberate.
REPORT-IN-BRIEF: Application has been made by the Board of County Commissioners of
Washington County to amend several sections of the Zoning Ordinance to change the definition of a
convenience store, provide districts in which said use shall be permitted, and to provide options for
tractor trailer/heavy duty truck parking at these types of facilities.
DISCUSSION: According to the National Association of Convenience Stores (NACS) there are
approximately 150,174 convenience stores operating in the US as of January 2023. After several years
of stores closing due to the restrictions of COVID-19, C-Stores are again increasing in number. The
necessity and demand for this industry is illustrated in its title, convenience.
The size of convenience stores has changed significantly over the last decade. According to the
National Association of Convenience Stores (NACS), traditional C-stores averaged between 2500-
3000 square feet in size. They provided very basic necessities to the traveling public including fueling
stations, restrooms, household items, and some pre-packaged food item. Currently, the average size of
a new C-Store is averaging about 5000-6000 square feet. The reason for the larger sized stores
primarily results from new service models where food made fresh options and in-store dining areas are
offered. The increase in C-Store sizes can likely also be attributed to the overall increase of population
and vehicular traffic across the country.
Acknowledging these new trends in the size and function of C-store operations, the Planning
Commission finds that the current definition of a convenience store in the Zoning Ordinance is outdated
and overly restrictive. Furthermore, the Planning Commission finds that that there is a significant
demand and corresponding need to allow for limited truck parking for C-Store uses. Increases in
population, traffic, and freight demands have created an increased demand for expedient freight and
goods movement that has proportionally impacted the amount of truck traffic nationwide.
This amendment was reviewed by the Planning Commission at a public information meeting held on
May 1, 2023. At their June 5, 2023 regular meeting the Planning Commission voted unanimously to
recommend approval of this text amendment.
FISCAL IMPACT: n/a
CONCURRENCES: Planning Commission
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ALTERNATIVES: n/a
ATTACHMENTS: Proposed text amendments, staff report, and application
AUDIO/VISUAL NEEDS: none
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION I GIS
RZ-23-001 May 1, 2023
WASHINGTON COUNTY ZONING ORDINANCE
STAFF REPORT AND ANALYSIS — Revision 1
ARTICLES 7, 8, 9,10,11,12, 22, 28A
Proposal: Application is being made to amend several sections of the Zoning Ordinance to change
the definition of a convenience store (aka C-Store), provide districts in which said use shall be
permitted and provide options for tractor trailer/heavy duty truck parking facilities at these types
of facilities.
Staff Report: According to the National Association of Convenience Stores (MACS) there are
approximately 150,174 convenience stores operating in the US as of January 2023. After several
years of stores closing due to the restrictions of COVID-19, C-Stores are again increasing in
number. The necessity and demand for this industry is illustrated in its title, convenience.
Convenience from these types of facilities can be present at both the local and regional
level. Local patrons use convenience stores mostly for fueling purposes. There are few facilities
that exist as merely a stand-alone fueling station at this time. In addition to being used for fueling
facilities, many convenience stores carry minimal household supplies and basic food needs such
as bread, eggs and milk.
Regional convenience is mostly provided to interstate highway users travelling to or
through the area. C-stores provide the convenience of a fueling center as well as providing
restrooms, pre -packaged foods, and drinks so that travelers can rest and refresh before continuing
on their journey.
In addition to changes in the definition of these uses, the Planning Commission has
recognized a growing need and demand for truck parking facilities at some of these C-store
locations. Similar to automobile traveling, truck drivers also need fast on and off facilities to
maintain their delivery times. Parking for trucks at these facilities provides opportunities for truck
drivers to quickly fuel up, use a restroom, and possibly get some food before getting back on the
highway.
Proposed Amendments:
Below are the proposed text amendments for this rezoning case.
100 West Washington Street, Suite 2600 1 Hagerstown, MD 21740 1 P: 240.313.2430 1 F: 240.313.24311 TDD: 7-1-1
WWW.WASHCO-MDAET
ARTICLE 7 "RT" RESIDENTIAL, RURAL DISTRICT
Section 7A.7 Parking Requirements
Parking shall be provided or prohibited according to the requirements of Article 22, Division I, and where
applicable, in compliance with Washington County's adopted Road and Street Design Standards.
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ARTICLE 8 "RS" RESIDENTIAL, SUBURBAN DISTRICT
Section 8.7 Parking Requirements
{a) Parking shall be provided or prohibited according to the requirements of Article 22, Division I,
and where applicable, in compliance with Washington County's adopted Road and Street Design
Standards.
ARTICLE 9 "RU" RESIDENTIAL, URBAN DISTRICT
Section 9.7 Parking Requirements
Parking shall be provided or prohibited according to the requirements of Article 22, Division I, and where
applicable, in compliance with Washington County's adopted Road and Street Design Standards.
The parking of traeter tFailers, either separately or in tandem, shall be prohibited aH publie or pFive4e
streets in this Distrie4�
ARTICLE 10 "RM" RESIDENTIAL, MULTI -FAMILY DISTRICT
Section 10.7 Design Standards
(h) Parking requirements Parking shall be provided or prohibited according to the requirements of Article
22, Division I, and where applicable in compliance with Washington County's adopted Road and Street
Design Standards.
The parking of traetor tFailers, either separately or in tandem, shall be prohibited en publie oF private
s4p,pts in this Pds*Flc4-.
ARTICLE 11 "BL" BUSINESS, LOCAL DISTRICT
Section 11.1 Principal Permitted Uses
(a) Local retail goods and service shops, including:
Clothing stores
Convenience Stores
Dairy Products Stores
ARTICLE 12 `BG" BUSINESS, GENERAL DISTRICT
Section 12.1 Principal Permitted Uses
(a) Retail trades, businesses and services, including but not limited to the following and any use permitted
in the BL District, subject to the use regulations specified in that district.
Conference Centers
Convenience Stores
Department Stores
ARTICLE 22 SPECIAL PROVISIONS
DIVISION I OFF-STREET PARKING AND LOADING AREA REQUIREMENTS
Section 22.15 Truck Parking Requirements
(a) Parking of tractor -trailers either separately or in tandem shall be prohibited on publicly owned
County streets unless expressly approved as an on -street parking space for trucks
(b) Truck parking is permitted in association with a convenience store in accordance with the
following:
1 The maximum allowable number of truck parking spaces cannot exceed 3.5 spaces per 500
sg ft of the gross leasable area of the convenience store.
2 Truck parking facilities shall maintain an independent internal circulation pattern on the site
apart from normal automobile traffic This provision does not pertain to immediate access to
the property which may be shared by both truck and automobile traffic.
3 Truck parking facilities may not be permitted in association with a convenience store in a
Rural Business district.
ARTICLE 28A - DEFINITIONS
Convenience Store (aka C-Store): Any retail establishment offering for sale: prepackaged or pre-
processed food products, household items, and other goods commonly associated with the same -and
less. Such establishments may also sell gasoline
petroleum products and/or alternative fueling products at retail prices and made to order food associated
with the marketine of the nroprietor. Chain or branded restaurants shall be considered a separate use from
the convenience store
fleer area.
Analysis:
The size of convenience stores has changed significantly over the last decade. According
to the National Association of Convenience Stores (MACS), traditional C-stores averaged between
2500-3000 square feet in size. They provided very basic necessities to the traveling public
including fueling stations, restrooms, household items, and some pre -packaged food item.
Currently, the average size of anew C-Store is averaging about 5000-6000 square feet. The reason
for the larger sized stores primarily results from new service models where food made fresh options
and in-store dining areas are offered. The increase in C-Store sizes can likely also be attributed to
the overall increase of population and vehicular traffic across the country.
Acknowledging these new trends in the size and function of C-store operations, the current
definition of a convenience store in the Zoning Ordinance is outdated and overly restrictive.
Further, the use designation of a convenience store is only listed explicitly in the Rural Business
Floating Zone. To correct the issue of an outdated definition, the Planning Commission is
recommending changes to include eliminating a size limitation of such a structure. They are also
recommending explicit inclusion of these types of uses in the Business Local and Business General
zoning districts.
In addition, the Planning Commission believes that there is a significant demand and
corresponding need to allow for limited truck parking for C-Store uses. Increases in population,
traffic, and freight demands have created an increased demand for expedient freight and goods
movement that has proportionally impacted the amount of truck traffic nationwide. These trends
have impacted the demand for truck parking facilities as a consequence.
Finally, while the Comprehensive Plan is silent about specific design standards or locations
of these types of uses, the importance of the interstate system to the economy of our County and
the nation as a whole is discussed within the Transportation Element. It can be deduced from the
discussion of the importance of maintaining our transportation facilities that we should also
prepare for ancillary uses that provide support to that industry.
Staff Recommendation: Based upon the above analysis, previous public input, and Planning
Commission discussions, Staff recommends approval of these amendments in order to provide
consistent implementation of our land use policies and regulations.
Respectfully submitted,
&' A
Jill L. Baker, AICP
Director
DEPARTMENT OF PLANNING & ZONING COMPREHENSIVE PLANNING | LAND PRESERVATION | FOREST CONSERVATION | GIS
WWW.WASHCO-MD.NET
100 West Washington Street , Suite 2600 | Hagerstown, MD 21740 | P: 240.313.2430 | F: 240.313.2431 | TDD: 7-1-1
RZ-23-001 March 20, 2023
WASHINGTON COUNTY ZONING ORDINANCE
STAFF REPORT AND ANALYSIS
ARTICLES 7, 8, 9, 10, 11, 12, 22, 28A
Proposal: Application is being made to amend several sections of the Zoning Ordinance to change
the definition of a convenience store (aka C-Store), provide districts in which said use shall be
permitted and provide options for tractor trailer/heavy duty truck parking facilities at these types
of facilities.
Staff Report: According to the National Association of Convenience Stores (NACS) there are
approximately 150,174 convenience stores operating in the US as of January 2023. After several
years of stores closing due to the restrictions of COVID-19, C-Stores are again increasing in
number. The necessity and demand for this industry is illustrated in its title, convenience.
Convenience from these types of facilities can be present at both the local and regional
level. Local patrons use convenience stores mostly for fueling purposes. There are few facilities
that exist as merely a stand alone fueling station at this time. In addition to being used for fueling
facilities, many convenience stores carry minimal household supplies and basic food needs such
as bread, eggs and milk.
Regional convenience is mostly provided to interstate highway users travelling to or
through the area. C-stores provide the convenience of a fueling center as well as providing
restrooms, pre-packaged foods, and drinks so that travelers can rest and refresh before continuing
on their journey.
In addition to changes in the definition of these uses, the Planning Commission has
recognized a growing need and demand for truck parking facilities at some of these C-store
locations. Similar to automobile traveling, truck drivers also need fast on and off facilities to
maintain their delivery times. Parking for trucks at these facilities provides opportunities for truck
drivers to quickly fuel up, use a restroom, and possibly get some food before getting back on the
highway.
Proposed Amendments:
Below are the proposed text amendments for this rezoning case.
ARTICLE 7 “RT” RESIDENTIAL, RURAL DISTRICT
Section 7A.7 Parking Requirements
Parking shall be provided or prohibited according to the requirements of Article 22, Division I, and where
applicable, in compliance with Washington County's adopted Road and Street Design Standards.
ARTICLE 8 “RS” RESIDENTIAL, SUBURBAN DISTRICT
Section 8.7 Parking Requirements
Parking shall be provided or prohibited according to the requirements of Article 22, Division I, and where
applicable, in compliance with Washington County's adopted Road and Street Design Standards.
ARTICLE 9 “RU” RESIDENTIAL, URBAN DISTRICT
Section 9.7 Parking Requirements
Parking shall be provided or prohibited according to the requirements of Article 22, Division I, and where
applicable, in compliance with Washington County's adopted Road and Street Design Standards.
ARTICLE 10 “RM” RESIDENTIAL, MULTI-FAMILY DISTRICT
Section 10.7 Design Standards
(h) Parking requirements Parking shall be provided or prohibited according to the requirements of Article
22, Division I, and where applicable in compliance with Washington County's adopted Road and Street
Design Standards.
ARTICLE 11 "BL" BUSINESS, LOCAL DISTRICT
Section 11.1 Principal Permitted Uses
(a) Local retail goods and service shops, including:
Clothing stores
Convenience Stores
Dairy Products Stores
ARTICLE 12 “BG” BUSINESS, GENERAL DISTRICT
Section 12.1 Principal Permitted Uses
(a) Retail trades, businesses and services, including but not limited to the following and any use permitted
in the BL District, subject to the use regulations specified in that district.
Conference Centers
Convenience Stores
Department Stores
ARTICLE 22 SPECIAL PROVISIONS
DIVISION I OFF-STREET PARKING AND LOADING AREA REQUIREMENTS
Section 22.15 Truck Parking Requirements
(a) Truck parking is permitted in association with a convenience store in accordance with the
following:
1. The maximum allowable number of truck parking spaces cannot exceed 3.5 spaces per 500
sq. ft. of the gross leasable area of the convenience store.
2. Truck parking facilities shall maintain an independent internal circulation pattern on the site
apart from normal automobile traffic. This provision does not pertain to immediate access to
the property which may be shared by both truck and automobile traffic.
3. Truck parking facilities may not be permitted in association with a convenience store in a
Rural Business district.
ARTICLE 28A - DEFINITIONS
Convenience Store (aka C-Store): Any retail establishment offering for sale: prepackaged or pre-
processed food products, household items, and other goods commonly associated with the same Such
establishments may also sell petroleum products at retail prices and made to order food associated with the
marketing of the proprietor. Chain or branded restaurants shall be considered a separate use from the
convenience store. Analysis:
The size of convenience stores has changed significantly over the last decade. According
to the National Association of Convenience Stores (NACS), traditional C-stores averaged between
2500-3000 square feet in size. They provided very basic necessities to the traveling public
including fueling stations, restrooms, household items, and some pre-packaged food item.
Currently, the average size of a new C-Store is averaging about 5000-6000 square feet. The reason
for the larger sized stores primarily results from new service models where food made fresh options
and in-store dining areas are offered. The increase in C-Store sizes can likely also be attributed to
the overall increase of population and vehicular traffic across the country.
Acknowledging these new trends in the size and function of C-store operations, the current
definition of a convenience store in the Zoning Ordinance is outdated and overly restrictive.
Further, the use designation of a convenience store is only listed explicitly in the Rural Business
Floating Zone. To correct the issue of an outdated definition, the Planning Commission is
recommending changes to include eliminating a size limitation of such a structure. They are also
recommending explicit inclusion of these types of uses in the Business Local and Business General
zoning districts.
In addition, the Planning Commission believes that there is a significant demand and
corresponding need to allow for limited truck parking for C-Store uses. Increases in population,
traffic, and freight demands have created an increased demand for expedient freight and goods
movement that has proportionally impacted the amount of truck traffic nationwide. These trends
have impacted the demand for truck parking facilities as a consequence.
Finally, while the Comprehensive Plan is silent about specific design standards or locations
of these types of uses, the importance of the interstate system to the economy of our County and
the nation as a whole is discussed within the Transportation Element. It can be deduced from the
discussion of the importance of maintaining our transportation facilities that we should also
prepare for ancillary uses that provide support to that industry.
Staff Recommendation: Based upon the above analysis, previous public input, and Planning
Commission discussions, Staff recommends approval of these amendments in order to provide
consistent implementation of our land use policies and regulations.
Respectfully submitted,
Jill L. Baker, AICP
Director
10
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING
April 3, 2023
The Washington County Planning Commission held a public input meeting and its regular monthly meeting
on Monday, April 3, 2023 at 7:00 p.m. at the Washington County Administrative Complex, 100 W.
Washington Street, Room 2000, Hagerstown, MD.
Planning Commission members present were: David Kline, Vice -Chairman, Denny Reeder, BJ Goetz, Jeff
Semler, Teresa Shank and Ex-officio Randy Wagner. Staff members present were: Washington County
Department of Planning & Zoning: Jill Baker, Director; Jennifer Kinzer, Deputy Director; and Debra Eckard,
Administrative Assistant.
CALL TO ORDER AND ROLL CALL
The Vice -Chairman called the public input meeting to order at 7:00 p.m.
PUBLIC INPUT MEETING
RZ-23-001 — Text Amendment (Convenience Stores)
Ms. Baker presented a proposed text amendment to amend several sections of the Zoning Ordinance to
change the definition of a convenience store, provide zoning districts where said use shall be permitted
and to provide options for tractor trailer/heavy duty truck parking at these types of facilities. She noted
that the 5,000 square foot minimum associated with the square footage of the structure and square
footage of the canopy has been eliminated in the definition of a convenience store. Convenience stores
were not included as a specific permitted use in the urban area zoning districts during the comprehensive
rezoning of the Urban Growth Area in 2016. Therefore, to correct this oversight, the use is being included
in the BL (Business Local) and BG (Business General) districts and will also be permitted in the HI (Highway
Interchange) zoning district by cross-reference.
Ms. Baker explained that many new convenience store models include a request for truck parking. These
requirements will be addressed in the parking section of the Zoning Ordinance and is proposed as follows:
the maximum allowable truck spaces cannot exceed 3.5 spaces per 500 square feet of gross leasable area
of the convenience store; truck parking facilities must maintain an independent internal circulation
pattern separate from automobile traffic; and truck parking facilities will not be permitted at a
convenience store located in a Rural Business district.
Public Comment
• Michael Tedrick, 11423 Ernstville Road, Big Pool — Mr. Tedrick expressed his opinion that the
County is losing its historic integrity by allowing more convenience stores and large warehouses.
He believes the County should preserve more of its land and historic elements. He expressed
concern for citizen's safety because of trucks parking along the ramps and interstates and
emergency vehicles being unable to use the shoulder of the roadways if needed. Mr. Tedrick
stated that public safety should be the County's first priority.
• Robert Harsh, 15834 Falling Waters Road, Williamsport — Mr. Harsh is opposed to allowing the
amendment citing safety concerns due to the number of accidents in the County since 1-81 was
constructed.
• Ron Brais, 15740 Falling Waters Road, Williamsport — Mr. Brais is opposed to tractor trailer parking
on public or private streets in any residential district. He believes this would cause a lot of safety
issues.
• Barbara Hovermill, 16286 Spielman Road, Williamsport — Ms. Hovermill expressed her opinion
that the Planning Commission needs to carefully consider these changes and continue to keep the
public informed of any and all proposed changes.
• Brenda Shane, 16168 Spielman Road, Williamsport — Ms. Shane expressed concern regarding the
proposed parking requirements to allow tractor trailer parking on public or private streets in
residential districts. She believes there needs to be specific restrictions for truck parking before
this amendment moves forward.
• Jason Divelbiss, 11125 Bemisderfer Road, Greecastle — Mr. Divelbiss explained that he represents
several convenience store owners in Washington County and is speaking on their behalf. He
expressed his opinion that the requirement for independent internal circulation patterns for
trucks is not appropriate for all sites and could be counterproductive. Mr. Divelbiss does not
believe that truck parking facilities should be prohibited in association with a convenience store
11
in the Rural Business district. He noted that the sale of fresh foods was omitted from Article 28A
and he recommended deleting "petroleum products" and changing the text to read "gasoline,
diesel fuel and other alternative fuels". In regard to the last sentence in Article 28A, Mr. Divelbiss
recommended changing the language to "food products marketed or sold within the store using
a separate name brand restaurant' and should indicate a separate sales area.
• Rob Ferree, 16235 Shaffer Road, Sharpsburg — Mr. Ferree is an employee of Bowman
Development. He thanked the Commission for following procedures and holding the public input
meeting and for proposing language to clarify convenience stores. He noted that convenience
stores are getting larger and truck parking areas are in demand because truck drivers need a place
to get fuel, food and to rest. Mr. Ferree noted that if a convenience store is located along a State
highway, it will meet and possibly exceed all requirements set forth by the State Highway
Administration making the roadway safer for everyone.
• Ginger Griffith,17103 Tower Drive, Williamsport —Ms. Griffith expressed concerns regarding truck
parking issues. She believes that truck drivers need a place to rest; however, she believes truck
parking facilities should be located separately from a convenience store. She also believes there
should be different levels of convenience stores; however, we need to maintain the historic
integrity of the County. Ms. Griffith is opposed to trucks parking along private and public streets.
The public input meeting was closed at 7:30 p.m.
Discussion and Comment by Planning Commission: There was a brief discussion regarding the removal
of the following text from the residential zoning categories: 'The parking of tractor trailers, either
separately or in tandem, shall be prohibited on public or private streets in this District'. Ms. Baker stated
this language should have been moved to Article 22.15 as item (b) and was simply an oversight by staff.
By moving the text to Article 22.15, truck parking on public or private streets would be prohibited from
all zoning districts. There was a brief discussion regarding the enforcement of this regulation. Short-term
parking along private or public streets can be enforced through the Zoning Ordinance; however, long-
term parking or parking along ramps or State highways is a police matter if "no parking" signs are installed.
The County cannot enforce these types of situations.
Mr. Goetz expressed his opinion that "alternative fuel sources" should be added to Article 28A. There was
a brief discussion regarding the chain or branded restaurants text included in the definitions. Mr. Goetz
expressed his opinion that the text should remain as proposed and not changed per Mr. Divelbiss's
comments.
Motion and Vote: Ms. Shank made a motion to make the formal recommendation on the proposed
amendment at the May Planning Commission meeting when all proposed changes as discussed this
evening have been included in the amendment. The motion was seconded by Mr. Semlerand unanimously
approved with Commissioner Wagner abstaining from the vote and all discussions held during this
meeting.
MINUTES
Motion and Vote: Ms. Shank made a motion to approve the minutes of the March 6, 2023 meeting as
presented. The motion was seconded by Mr. Semler and unanimously approved.
Update of Projects Initialized
Ms. Kinzer provided a written report for 54 land development plan review projects initialized during the
month of February including 3 site plans and 5 preliminary/final plats. She also noted there were 70
permits submitted in February.
Comprehensive Plan Update
Ms. Baker noted that copies of the draft of Housing and Mineral Resources chapters of the Comp Plan
were distributed this evening. She asked members to review these chapters and provide staff any
comments. We will begin discussions during the May meeting the schedule of public meetings to be held.
Members will need to decide dates, times and where they would like public meetings to be held.
UPCOMING MEETINGS
1. Washington County Planning Commission meeting, May 1, 2023 at 7:00 p.m.
12
Consensus: Following discussions of members' schedules, it was decided that the Planning Commission
would hold its regular meeting on Monday, May 8 beginning at 6:00 p.m. to accommodate a public input
meeting regarding truck stops and an extensive agenda.
ADJOURNMENT
Mr. Goetz made a motion to adjourn the meeting at 8:15 p.m. The motion was seconded by Ms. Shank
and so ordered by the Vice -Chairman.
Respectfu 11 b fitted,
David Kline, Vice -Chairman
County FOR PLANNING COMMISSION USE ONLY
J Rezoning No. %i i! -a 3-001
Date Filed:
WASHINGTON COUNTY PLANNING COMMISSION
ORDINANCE TEXT AMENDMENT APPLICATION
Washington County Planning Commission
Applicant
747 Northern Avenue, Hagerstown, MD 21742
Address
Jill Baker
Primary Contact
same
Address
❑ Adequate Public Facilities Ordinance
❑ Forest Conservation Ordinance
❑ Subdivision Ordinance
❑ Solid Waste Plan
Articles.7, 8, 9, 10, 11, 12, 22, & 28A
Section No.
❑Property Owner
oAttorney
❑Other:
240-313-2430
❑Contract Purchaser
❑Consultant
Phone Number
jbaker@washco-md.net
E-mail Address
❑ Water and Sewer Plan
e Zoning Ordinance
❑ Other
Please provide the proposed text on a separate sheet of paper as follows: strike -through
should be used for deletions [delpt,an;], unchanged wording in regular type, and new wording
should be underlined [new wording].
Applicant's Signature
Subscribed and sworn before
//me this f Lf day of Mach , 20 c- ?
�
My commission expires on 7- �� `a J�
Notary Public
FOR PLANNING COMMISSION USE ONLY
❑ Application Form ❑ Proposed Text Changes
❑ Fee Worksheet ❑ 30 copies of complete Application
❑ Application Fee
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION 1 GIS
RZ-23-001 March 20, 2023
WASHINGTON COUNTY ZONING ORDINANCE
STAFF REPORT AND ANALYSIS
ARTICLES 7, 8, 9,10,11,12, 22, 28A
Proposal: Application is being made to amend several sections of the Zoning Ordinance to change
the definition of a convenience store (aka C-Store), provide districts in which said use shall be
permitted and provide options for tractor trailer/heavy duty truck parking facilities at these types
of facilities.
Staff Report: According to the National Association of Convenience Stores (MACS) there are
approximately 150,174 convenience stores operating in the US as of January 2023. After several
years of stores closing due to the restrictions of COVID-19, C-Stores are again increasing in
number. The necessity and demand for this industry is illustrated in its title, convenience.
Convenience from these types of facilities can be present at both the local and regional
level. Local patrons use convenience stores mostly for fueling purposes. There are few facilities
that exist as merely a stand alone fueling station at this time. In addition to being used for fueling
facilities, many convenience stores carry minimal household supplies and basic food needs such
as bread, eggs and milk.
Regional convenience is mostly provided to interstate highway users travelling to or
through the area. C-stores provide the convenience of a fueling center as well as providing
restrooms, pre -packaged foods, and drinks so that travelers can rest and refresh before continuing
on their journey.
In addition to changes in the definition of these uses, the Planning Commission has
recognized a growing need and demand for truck parking facilities at some of these C-store
locations. Similar to automobile traveling, truck drivers also need fast on and off facilities to
maintain their delivery times. Parking for trucks at these facilities provides opportunities for truck
drivers to quickly fuel up, use a restroom, and possibly get some food before getting back on the
highway.
Proposed Amendments:
Below are the proposed text amendments for this rezoning case.
100 West Washington Street, Suite 2600 1 Hagerstown, MD 21740 I P: 240.313.2430 IF: 240.313.24311 Tim: 7.1.1
WWW.WASHCO-MD.NET
ARTICLE 7 "RT" RESIDENTIAL, RURAL DISTRICT
Section 7A.7 Parking Requirements
Parking shall be provided or prohibited according to the requirements of Article 22, Division I, and where
applicable, in compliance with Washington County's adopted Road and Street Design Standards.
ARTICLE 8 "RS" RESIDENTIAL, SUBURBAN DISTRICT
Section 8.7 Parking Requirements
la4 Parking shall be provided or prohibited according to the requirements of Article 22, Division I,
and where applicable, in compliance with Washington County's adopted Road and Street Design
Standards.
ARTICLE 9 "RU" RESIDENTIAL, URBAN DISTRICT
Section 9.7 Parking Requirements
Parking shall be provided or prohibited according to the requirements of Article 22, Division I, and where
applicable, in compliance with Washington County's adopted Road and Street Design Standards.
ARTICLE 10 "RM" RESIDENTIAL, MULTI -FAMILY DISTRICT
Section 10.7 Design Standards
(h) Parking requirements Parking shall be provided or prohibited according to the requirements of Article
22, Division I, and where applicable in compliance with Washington County's adopted Road and Street
Design Standards.
ARTICLE 11 "BL" BUSINESS, LOCAL DISTRICT
Section 11.1 Principal Permitted Uses
(a) Local retail goods and service shops, including:
Clothing stores
Convenience Stores
Dairy Products Stores
ARTICLE 12 "BG" BUSINESS, GENERAL DISTRICT
Section 12.1 Principal Permitted Uses
(a) Retail trades, businesses and services, including but not limited to the following and any use permitted
in the BL District, subject to the use regulations specified in that district.
Conference Centers
Convenience Stores
Department Stores
ARTICLE 22 SPECIAL PROVISIONS
DIVISION I OFF-STREET PARKING AND LOADING AREA REQUIREMENTS
Section 22.15 Truck Parking Requirements
(a) Truck parking is permitted in association with a convenience store in accordance with the
following:
1 The maximum allowable number of truck parking spaces cannot exceed 3.5 spaces per 500
ft of the gross leasable area of the convenience store
2 Truck parking facilities shall maintain an independent internal circulation pattern on the site
apart from normal automobile traffic This provision does not pertain to immediate access to
the property which may be shared by both truck and automobile traffic.
3 Truck parking facilities may not be permitted in association with a convenience store in a
Rural Business district.
ARTICLE 28A - DEFINITIONS
Convenience Store (aka C-Store): Any retail establishment offering for sale: prepackaged or pre-
processed food products, household items, and other goods commonly associated with the same -and
having gFess flear . fea of 5,000 square feet or less. Such establishments may also sell gaseline
petroleum products at retail prices and made to order food associated with the marketingof f the proprietor.
Chain or branded restaurants shall be considered a separate use from the convenience store. The area
utilized for the sale of gaseline shall be eensidered as pai4 ef the gfess floor area.
Analysis:
The size of convenience stores has changed significantly over the last decade. According
to the National Association of Convenience Stores (MACS), traditional C-stores averaged between
2500-3000 square feet in size. They provided very basic necessities to the traveling public
including fueling stations, restrooms, household items, and some pre -packaged food item.
Currently, the average size of a new C-Store is averaging about 5000-6000 square feet. The reason
for the larger sized stores primarily results from new service models where food made fresh options
and in-store dining areas are offered. The increase in C-Store sizes can likely also be attributed to
the overall increase of population and vehicular traffic across the country.
Acknowledging these new trends in the size and function of C-store operations, the current
definition of a convenience store in the Zoning Ordinance is outdated and overly restrictive.
Further, the use designation of a convenience store is only listed explicitly in the Rural Business
Floating Zone. To correct the issue of an outdated definition, the Planning Commission is
recommending changes to include eliminating a size limitation of such a structure. They are also
recommending explicit inclusion of these types of uses in the Business Local and Business General
zoning districts.
In addition, the Planning Commission believes that there is a significant demand and
corresponding need to allow for limited truck parking for C-Store uses. Increases in population,
traffic, and freight demands have created an increased demand for expedient freight and goods
movement that has proportionally impacted the amount of truck traffic nationwide. These trends
have impacted the demand for truck parking facilities as a consequence.
Finally, while the Comprehensive Plan is silent about specific design standards or locations
of these types of uses, the importance of the interstate system to the economy of our County and
the nation as a whole is discussed within the Transportation Element. It can be deduced from the
discussion of the importance of maintaining our transportation facilities that we should also
prepare for ancillary uses that provide support to that industry.
Staff Recommendation: Based upon the above analysis, previous public input, and Planning
Commission discussions, Staff recommends approval of these amendments in order to provide
consistent implementation of our land use policies and regulations.
Respectfully submitted,
Jill L. Baker, AICP
Director
Priebe, Michelle L.
From: Eckard, Debra S. on behalf of Planning Email
Sent: Monday, August 14, 2023 12:04 PM
To: Priebe, Michelle L.
Cc: Downey, Kirk; Jacobson, Kimberly D.
Subject: FW: RZ-23-003-Text Amendment -Truck Stops
Attachments: 11.28.22 TCA Truck Parking.pdf; ChamberNovember 23 BOCC Ltr.pdf; Delegation 22 -
BOCC Letter .pdf; Email WC Sheriff Office FW_ Truck Stops (3).pdf;
MDTruckParkingStudyFINALWEBExecutiveSummary (4).pdf
Follow Up Flag:
Flag Status:
Follow up
Flagged
Public Comment for the BOCC Public Hearing for RZ-23-001.
Debra S. Eckard
Administrative Assistant
Washington County Dept. of Planning & Zoning
747 Northern Avenue
Hagerstown, MD 21742
240-313-2437
From: Robin L. Ferree <rferree@dmbowman.com>
Sent: Monday, August 14, 2023 10:11 AM
To: Planning Email <askplanning@washco-md.net>
Subject: FW: RZ-23-003-Text Amendment -Truck Stops
For the record of the Board of Commissioner's 8/22/23 public hearing on the recommended text amendment
for a new definition for Convenience Stores.
Thanks, Rob
Robin L. Ferree, President
DEVELOPMENT CORE.
10228 Governor Lane Blvd.
Suite 3002
Williamsport, MD 21795
Office: 301-582-1555
Direct: 301-223-1090
Cell: 301-730-3345
From: Robin L. Ferree
Sent: Tuesday, June 6, 2023 8:17 AM
To: asl<planning@washco-md.net
Subject: RZ-23-003-Text Amendment -Truck Stops
We would request that this e-mail and attached documents and letters be entered into the record and
provided to the members of the Planning Commission. This information was submitted to the Board of
County Commissioners (BOCC) during their 11/29/22 public hearing on a text amendment eliminating truck
stops in the HI zoning areas. Since then the Circuit Court has issued an injunction against this text
amendment. While many of the letters were criticizing the text amendment procedure followed by the BOCC,
they all also voiced their support and need for truck stops in Washington County and throughout the State of
Maryland.
-11/28/22 Letter of Support from the Truckload Carriers
-11/23/22 Letter of Support from the Washington County Chamber of Commence
-11/21/22 Letter of Support from the Washington County Delegation at the time
-11/2/22 e-mail from former Sheriff Doug Mullendore regarding the safety of existing truck stops in
Washington County
-Executive Summary of the 2020 MDOT Statewide Truck Parking Study highlighting the need for additional
truck parking and their reasons.
Respectfully, Rob
Robin L. Ferree, President
DEVELOPMENT CORP.
10228 Governor Lane Blvd.
Suite 3002
Williamsport, MD 21795
Office: 301-582-1555
Direct: 301-223-1090
Cell: 301-730-3345
Confidentiality Notice: This e-mail message including any attachments is for the sole use of the intended recipient(s) and
may contain confidential and privileged information. Any unauthorized review; use; disclosure or distribution is
prohibited. If you are not the intended recipient please contact the sender by reply e-mail and destroy all copies of the
original message
TRUCKLOAD
CARRIERS
A S S O C I A T I O N
November 28, 2022
Mr. Jeffrey A. Cline
President
Washington County Board of County Commissioners
100 West Washington Street
Room 1101
Hagerstown, MD 21740
Submitted via email at askplanning(cDwashco-md.net
Dear President Cline,
Our association recently became aware of a proposal for a Sheetz truck stop on Spielman
Road that would create additional parking opportunities and services for an industry in
serious need of such investment. The Truckload Carriers Association (TCA) is the only
national trade association whose collective sole focus is the truckload segment of the
trucking industry. The association represents dry van, refrigerated, flatbed, and rail
intermodal carriers operating in the 48 contiguous U.S. states, as well as Alaska, Mexico,
and Canada. As a major part of an industry that has over half a million companies within
the United States operating millions of power units, TCA continue to support every
opportunity to expand our nation's capacity for truck parking.
The essentiality of trucking should come as no surprise to you. The effect it has on our
nation's supply chains has demonstrated that our industry not only represents the
backbone of the U.S. economy, but the heartbeat of small business as well. To that end,
increased parking has become a necessity, as the industry continues to demonstrate that
there just are not enough places to park. As our nation navigates the ongoing supply chain
crisis, additional truck parking is one investment poised to provide considerable relief.
Drivers today often spend time searching for parking rather than advancing the load -
diminishing productivity and further exacerbating the supply chain crisis.
Nationally, there is only one parking space for every eleven truck drivers that operate on
our roads today; a problem that not only affects the supply chain, but also creates safety
risks. Without ample places to park, drivers cannot access facilities that would provide safe
and secure truck parking so they may obtain the rest that federal regulations require of
them. 70% of drivers have reported being forced to violate these regulations to locate safe
parking, while nearly all drivers (96%) have had to park in areas not designed for trucks,
oftentimes in locations like an on -ramp or off -ramp to an interstate. These locations almost
always create a safety hazard not only for our nation's truck drivers, but the general public
with whom we share the road. TCA and its members find it deeply regrettable that drivers
are forced to rest in an unsafe manner due to the lack of parking options.
555 E. Braddock Road I Alexandria, VA 22314 1 T 703.838.1950 1 F 703.B36.6610 1 tca@truckload.org I www.truckload.org
We are aware that human trafficking at truck stops was cited as a reason for opposing the
proposal. Unfortunately, the committee made generalized statements referring to truck
stops as "a unique sweet spot" for human trafficking, which is both irresponsible and
uninformed. Not only does this too casually link the trucking community to trafficking, but
it represents a counterproductive approach to fighting the issue. Building safe, reliable, and
secure truck stops should be a cornerstone of any intervention and investment strategy to
prevent the very concerns your committee discussed.
Our industry has trained over 1.3 million trucking professionals to recognize the signs of
human trafficking. We represent the front line of this problem with a true dedication
towards eliminating it. Educating yourself and your community on the Truckers Against
Trafficking initiative will demonstrate that the exact opposite of your notion to be true, that
the trucking industry is actively training its driving force to recognize and report any sign
of human trafficking to fight this growing national problem. In fact, the state of Maryland
has participated in a partnership with Truckers Against Trafficking to mandate this
training in its CDL schools and help the state's law enforcement personnel to better combat
human trafficking.
I hope that you will agree that allowing for increased parking spaces and facilities for
professional truck drivers would aid our supply chains and economy. In addition,
supporting small business, improving public safety, and preventing human trafficking are
keys to improving the nation in which we all live in and demonstrate stakeholders within
public communities and industry can work together to benefit everyone.
Thank you for the opportunity to comment on this issue and if you do have any questions
or concerns, please feel free to contact me.
Sincerely,
David Heller
Senior Vice President of Safety & Government Affairs
Truckload Carriers Association
••••••••••
WASHINGTON COUNTY
CHAMBER411041114110
of Commerce
hagerslown.org
November 23, 2022
Board of County Commissioners
100 West Washington Street
Hagerstown, Maryland 21740
1 SOUTH POTOMAC STREET, HAGERSTOWN, MD 21740
RE: Zoning Text Amendment to Ban
Truck Stops in Washington County
Dear Board Members:
On behalf of the Washington County Chamber of Commerce, representing 650 organizations
with over 40,000 employees, we have serious concerns regarding a proposed Zoning Text
Amendment ("ZTA") currently under consideration by your Board. We understand that this ZTA
will remove truck stops as a permitted special exception in the Highway Interchange (HI)
District. Because the Zoning Ordinance does not currently permit truck stops in any other zoning
district, this proposed 'ZTA will effectively ban all new truck stops anywhere in Washington
County. In addition, we understand that the proposed ZTA will remove certain larger warehouses
as a permitted use in the HI District and instead will require these warehouses to be approved as
special exceptions. We urge the Board not to approve the proposed ZTA as we believe it is bad
policy.
Aside from procedural and due process concerns, we also have substantive policy concerns with
respect to the proposed ZTA. Significantly, we are very concerned that the proposed ZTA will
have an adverse effect on highway safety. According to a study by the Maryland Department of
Transportation (MDOT) there is a severe shortage of truck parking and truck rest areas in
Maryland and, in particular, in the area of the proposed Sheetz truck stop. MDOT studies have
shown that truck parking facilities with available truck parking are essential for providing a safe
place for truck drivers to get the rest they need to comply with federal Ilours of Service (HOS)
and to stage their commercial vehicles for scheduled deliveries or pickups. Due to a lack of
available parking when needed, many truck drivers resort to parking in undesignated truck
parking locations along Maryland roadways, shoulders, and ramps. Undesignated truck parking
endangers truck drivers and other roadway users, damages infrastructure in areas not intended for
truck weights and volumes, and impacts Maryland's economic competitiveness.
Based on MDOT studies, we are concerned that the elimination of new truck stops in the HI
District will not improve public safety by reducing truck traffic on I-81. Rather, it could very
well make truck traffic more hazardous to the other users of the highway due to the increase in
fatigued truck drivers and undesignated truck parking on roads and exit ramps, This issue needs
to be studied.
We also understand that some have advocated for the elimination of new truck stops as a means
of combating human trafficking. We are not aware of any fact -based evidence or studies to
support this contention. and we are not aware that this important issue has been studied by your
Board. Human trafficking is a serious societal problem; however, the elimination of truck stops
hagerstown.org • 301-739-2015
Chamber of Commerce Page 2
will not reduce human trafficking in any way, but it will only push it into the shadows.
Traffickers know that truck stop employees are specifically trained to identify cases of human
trafficking. Because of this, traffickers prefer undesignated parking areas in dark places where
their crimes and their victims will go unnoticed. Fortunately, Washington County truck stops are
leading the way in combating human trafficking. In fact, it has been reported to us that over the
past several years there has only been one reported instance of human trafficking at a truck stop
in Washington County. Again, this important issue needs to be studied.
We are also concerned that the targeted ZTA now under consideration by the Board does not
respect private property rights. The proposed Sheetz truck stop site has been zoned HI District
for decades. Likewise, truck stops have been permitted as special exceptions in the HI District
for decades. The proposed Sheetz trick stop has already been approved by the BZA. The
Board's current effort to undermine the Sheetz truck stop proposal by changing the HI zoning
regulations after -the -fact violates the private property rights and due process rights of both the
owner and operator. In addition, it discourages business growth and investment in Washington
County. Businesses and investors depend upon the predictability of the regulatory environment.
Without regulatory predictability, Washington County simply cannot maintain its
competitiveness. If approved, the targeted ZTA now under consideration by the Board will
undermine the County's competitiveness while discouraging business growth and investment in
Washington County.
We strongly urge the Board to be transparent and abandon its targeted ZTA effort. At a
minimum, we ask that the Board follow the well -established law and procedure for consideration
of a ZTA. That law requires at a minimum that this proposed ZTA application be referred to the
Planning Commission for public input, analysis, and finally a recommendation. Only after
receiving the Planning Commission's recommendation should this Board consider the proposed
ZTA.
Sin v,
Paul Frey, IOM
President and CEO
THE MARYLAND GENERAL ASSEMBLY
ANNAPOLIS, MARYLAND 2140I
November 21, 2022
Board of County Commissioners
100 West Washington Street
Hagerstown, Maryland 21740
RE: Zoning Text Amendment to Ban
Truck Stops in Washington County
Dear Board Members:
The undersigned members of the Washington County Delegation have serious concerns
regarding a proposed Zoning Text Amendment ("ZTA") currently under consideration by your
Board. We understand that this ZTA will remove truck stops as a permitted special exception in
the Highway Interchange (HI) District. Because the Zoning Ordinance does not currently permit
truck stops in any other zoning district, this proposed ZTA will effectively ban all new truck
stops anywhere in Washington County. In addition, we understand that the proposed ZTA will
remove certain larger warehouses as a permitted use in the HI District and instead will require
these warehouses to be approved as special exceptions. For the reasons set forth below, we urge
the Board not to approve the proposed ZTA as we believe it is bad policy.
Before discussing the policy considerations, we must first convey our disappointment with the
lack of transparency and due process surrounding the Board's handling of this proposed ZTA.
We understand that on June 7, 2022, the Board, without notice to the public, permitted certain
members of the public to testify in opposition to a proposed Sheetz truck stop to be located on
Spielman Road.' This proposed truck stop was the subject of a pending appeal before the Board
of Zoning Appeals (BZA) and was scheduled for a hearing the very next day on June 8, 2022.
We understand that certain members of the Board then chose to intervene in the quasi-judicial
proceedings of this independent board by sending a letter to the BZA specifically requesting
denial of the proposed Sheetz truck stop. Despite this Board's intervention, and based on the
facts in the record, the BZA approved the proposed Sheetz truck stop special exception.
Critical of the BZA's decision, this Board then filed an application for a ZTA to ban truck stops
in the HI District and to also require special exception approval for larger warehouses. Clearly,
this Board has failed to follow the law with respect to the procedures to be followed by the Board
We also have concerns that June 7", 2022, Board Meeting relating to the proposed truck stop may have been held
in violation of the Maryland Open Meetings Act.
when considering a ZTA. This Board has ignored Section 27.1 of the Zoning Ordinance which
plainly requires a proposed ZTA to be referred to the Planning Commission for analysis, study,
and recommendation. Your decision to skip the Planning Commission process altogether is
extraordinary and has denied the citizens of Washington County an opportunity to present
testimony and other relevant evidence at a hearing before the Planning Commission. It has also
deprived the Planning Commission the opportunity to fulfill its mandate by analyzing and
studying the proposed ZTA and then making an informed recommendation to your Board. By
not following the established legal procedure for consideration of a ZTA we are further
concerned that you will not have the benefit of the Planning Commission's experience and
subject matter expertise.
Aside from the procedural and due process concerns discussed above, we also have substantive
policy concerns with respect to the proposed ZTA. Significantly, we are very concerned that the
proposed ZTA will have an adverse effect on highway safety. According to a study by the
Maryland Department of Transportation (MDOT) there is a severe shortage of truck parking and
truck rest areas in Maryland and, in particular, in the area of the proposed Sheetz truck stop.
MDOT studies have shown that truck parking facilities with available truck parking are essential
for providing a safe place for truck drivers to get the rest they need to comply with federal Hours
of Service (HOS) and to stage their commercial vehicles for scheduled deliveries or pickups.
Due to a lack of available parking when needed, many truck drivers resort to parking in
undesignated truck parking locations along Maryland roadways, shoulders, and ramps.
Undesignated truck parking endangers truck drivers and other roadway users, damages
infrastructure in areas not intended for truck weights and volumes, and impacts Maryland's
economic competitiveness.
Based on MDOT studies, we are concerned that the elimination of new truck stops in the HI
District will not improve public safety by reducing truck traffic on 1-81. Rather, it could very
well make truck traffic more hazardous to the other users of the highway due to the increase in
fatigued truck drivers and undesignated truck parking on roads and exit ramps. This issue needs
to be studied.
We also understand that some have advocated for the elimination of new truck stops as a means
of combating human trafficking. Human trafficking is a serious societal problem; however, the
elimination of truck stops will not reduce human trafficking in any way, but it will only push it
into the shadows. Traffickers know that truck stop employees are specifically trained to identify
cases of human trafficking. Because of this, traffickers prefer undesignated parking areas in dark
places where their crimes and their victims will go unnoticed. Fortunately, Washington County
truck stops are leading the way in combating human trafficking. In fact, it has been reported to
us that over the past several years there has only been one reported instance of human trafficking
at a truck stop in Washington County. This serious issue is being framed in a context that is just
not accurate
We are also concerned that the targeted ZTA now under consideration by the Board does not
respect private property rights. The proposed Sheetz truck stop site has been zoned HI District
for decades. Likewise, truck stops have been permitted as special exceptions in the HI District
for decades. The proposed Sheetz truck stop has already been approved by the BZA. The
Board's current effort to undermine the Sheetz truck stop proposal by changing the HI zoning
regulations after -the -fact violates the private property rights and due process rights of both the
owner and operator. In addition, it discourages business growth and investment in Washington
County. Businesses and investors depend upon the predictability of the regulatory environment.
Without regulatory predictability, Washington County simply cannot maintain its
competitiveness.
If approved, the targeted ZTA now under consideration by the Board will undermine the
County's competitiveness while discouraging business growth and investment in Washington
County.
For these reasons, we strongly urge the Board to be transparent and at a minimum, we ask that
the Board follow the well -established law and procedure for consideration of a ZTA. That law
requires at a minimum that this proposed ZTA application be referred to the Planning
Commission for public input, analysis, and finally a recommendation. Only after receiving the
Planning Commission's recommendation should this Board consider the proposed ZTA.
Sincerely,
Senator Paul D. Corderman
Delegate Neil Parrott
J` U4&Q
Delegate Brenda Thiam
CC: John Martirano
Jill Baker
John Barr
Derek Harvey
Senator George Edwards
Delegate Mike McKay
From: Robin L. Ferree
To: Erskine, William
Subject: FW: Truck Stops
Date: Thursday, November 3, 2022 1:46:23 PM
From: Mullendore, Doug <DMullend@washco-md.net>
Sent: Thursday, November 3, 2022 1:44 PM
To: Robin L. Ferree <rferree@dmbowman.com>
Subject: RE: Truck Stops
Robin,
It was nice seeing you this morning as well. There has only been one instance of Human Trafficking
at a truck stop in Washington County which was several years ago. The reported Human Trafficking
comes almost exclusively out of the Child Advocacy Center reporting and not Human Trafficking in
the county as a whole. They report any child sex abuse case where one juvenile threatens another or
offers them something for sex as Human Trafficking. No other County does this but I have been
unable to get this practice stopped. There are some reports of prostitution occurring out of a couple
of motels in the area but they are local individuals and not a ring.
Sheriff Doug Mullendore
Washington County Sheriff's Office
500 Western Maryland Parkway
Hagerstown, Maryland
(240) 313-2101
From: Robin L. Ferree <rferreel@dmbowman.com>
Sent: Thursday, November 3, 2022 1:23 PM
To: Mullendore, Doug <DMullendt@washco-md.net>
Cc: Erskine, William <werskine )offitkurman.com>; Justin Anderson <janderson(a)dmbowman. com>
Subject: Truck Stops
WARNING! 1 This message originated from an External Source. Please use properjudgment and
caution when opening attachments, clicking links, or responding to this email.
Any claims of being a County official or employee should be disregarded.
Hi Doug, good seeing you today. As we discussed and as you know; and as referenced in the
attached article. The opposition to the truck stop and now Commissioner Kieffer continue to
say that truck stops facilitates or contributes to the child sec trade. We would appreciate any
data that either supports or debunks this premise. And any other comments you feel is
relevant to this issue.
Thanks, Rob
Robin L. Ferree, President
JjhA///INAA
rrw///4r//
DEVELOPMENT CORP.
10228 Governor Lane Blvd.
Suite 3002
Williamsport, MD 21795
Office: 301-582-1555
Direct: 301-223-1090
Cell: 301-730-3345
Confidentiality Notice: This e-mail message including any attachments is for the sole use of the
intended recipient(s) and may contain confidential and privileged information. Any unauthorized
review; use; disclosure or distribution is prohibited. If you are not the intended recipient please
contact the sender by reply e-mail and destroy all copies of the original message
ICAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Confidentiality Notice: This e-mail message including any attachments is for the sole use of
the intended recipient(s) and may contain confidential and privileged information. Any
unauthorized review; use; disclosure or distribution is prohibited. If you are not the intended
recipient please contact the sender by reply e-mail and destroy all copies of the original
message
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You don't often get email from brendave1@verizon.net. Learn why this is important
From:Eckard, Debra S. on behalf of Planning Email
To:Priebe, Michelle L.
Subject:FW: Against RZ-23-001
Date:Friday, August 18, 2023 7:37:28 AM
FYI
Debra S. Eckard
Administrative Assistant
Washington County Dept. of Planning & Zoning
747 Northern Avenue
Hagerstown, MD 21742
240-313-2437
From: brendave1@verizon.net <brendave1@verizon.net>
Sent: Thursday, August 17, 2023 7:38 PM
To: Planning Email <askplanning@washco-md.net>
Subject: Against RZ-23-001
WARNING!! This message originated from an External Source. Please use proper judgment and
caution when opening attachments, clicking links, or responding to this email.
Any claims of being a County official or employee should be disregarded.
To the Board of County Commissioners:
I am against the Zoning Text Amendment RZ-23-001 that would permit truck parking
at any convenience store in Washington County. Washington County has sufficient
accommodations for truckers traveling to or passing through our county already and I
respectfully request that you vote against this Amendment.
Interstate 81 bisects Washington County for just over 12 miles and in that span, there
are at least 5 fueling stations for trucks located just off the interstate. They
include: 1) DM Bowman Inc on Governor Lane Blvd; 2 & 3) Pilot Travel Center and
AC&T, both on Halfway Blvd; 3) AC&T on Garland Groh Blvd; and 5) Love’s Travel
Stop on Perini Ave. That’s one fueling station for every 2.6 miles of Interstate 81
running through the county. That is a sufficient supply for trucks traveling through the
County and we should bear no more burden than that in providing fuel/food/drinks for
trucks/truck drivers.
The section of Interstate 81 that runs through Washington County is the most
dangerous section of Interstate 81, largely due to the number of exits. Again, we
have just over 12 miles of I-81 in the County and there are 9 exits, which equates to
one exit every 1.3 miles. To compare, I-81 runs through Virginia for nearly 325 miles
and has 91 exits, which equates to one exit every 3.6 miles. In Pennsylvania, the
Interstate runs for 233 miles with 74 exits, equating to one exit every 3.2
miles. Washington County has just 3.7% of Virginia’s mileage and 5.2% of
Pennsylvania’s mileage but nearly 3 times the number of exits.
Washington County’s direction with respect to land use is already attracting additional
truck traffic to our roads. Attracting more by allowing truck parking at all convenience
stores is not only ill-conceived, it’s irresponsible.
Brenda Shane
16168 Spielman Road
Williamsport MD 21795
Open Session Item
SUBJECT: Presentation by the Dementia Friendly America Washington County
PRESENTATION DATE: August 22, 2023
PRESENTATION BY: Pete McMillian, Amanda Crawford, Rebekah Blum, and Carolyn Perrygo of
Dementia Friendly America Washington County
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: Presentation regarding dementia and dementia training offered by Dementia
Friendly America Washington County
DISCUSSION: See above
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ATTACHMENTS: PowerPoint attached.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Dementia Friendly
Washington County
INTRODUCTION
The Need
Over 3,000 people in Washington County are living with dementia
Early onset dementia is impacting more people each year
Professionals and service workers are unprepared to provide help to these
people
Think about interactions at:
Hotels
Grocery Stores
Restaurants
Banks
Utility/government offices
Transportation providers
Who we are
We are concerned citizens who have experience with
dementia
We have seen the need in the county and we want to
help
A message from a citizen that is living with dementia
Carolyn and John Perrygo
John has been diagnosed with Dementia
They have chosen to speak out for the needs of those who
are living with dementia
They provide direction to our team to know where to focus
our efforts
What is it
A collaborative effort led by an
Action Team that includes local
government officials, key internal and
external stakeholders as well as
people living with dementia and their
care partners
This team works together to educate
and raise awareness throughout the
broader community for the needs of
those in Washington County who are
living with dementia.
What it does
Projects include local certification of Dementia Friendly Businesses and
bringing Dementia Friends education to students in grades 6 through 12
Experienced people volunteer to bring free training to:
Retail establishments
Restaurants
Employers
Service Providers
First responders
Government officials
The ask
We are requesting the support of the
County Commissioners to begin the
process of having Washington County
recognized as a dementia friendly
community
We would like to have the opportunity
to provide free training for county
employees who interact with the
public
Next Steps
Community Kick off event
When 10-10-23 5pm – 7pm
Where Washington County
Library
Open Session Item
SUBJECT: Proclamation Declaring Washington County Dementia Friendly
PRESENTATION DATE: August 22, 2023
PRESENTATION BY: Board of County Commissioners to Pete McMillan, Amanda Crawford,
Rebekah Blum and Carolyn Perrygo of Dementia Friendly America Washington County
REPORT-IN-BRIEF: Proclamation Presentation
WHEREAS, Alzheimer’s disease is the seventh leading cause of death in the United States. An
estimated 5.8 million individuals are living with Alzheimer’s disease and related dementias, and
WHEREAS, more than 16 million Americans provide unpaid care for people with Alzheimer’s disease
and other dementias. Washington County offers their support to those living with dementia and
recognizes those who care and provide for them; and
WHEREAS, numerous local partners, experts, professionals, and residents are devoted to the success
of the Dementia Friendly Initiative to ensure that communities are equipped to support people living
with dementia and their caregivers.
NOW THEREFORE, We, the Board of County Commissioners of Washington County, Maryland,
do hereby proclaim “Washington County Dementia Friendly” and call upon our citizens to learn more
about dementia, as we work to create a local community where people living with dementia are
supported and enjoy a high quality of life, with meaning, purpose and value.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Expenditure of accrued payment-in-lieu (PIL) of funds in accordance with the
Forest Conservation Act
PRESENTATION DATE: August 22, 2023
PRESENTATION BY: Travis Allen, Senior Planner, Planning and Zoning; Dee Price, District
Manager, Washington County Soil Conservation District
RECOMMENDED MOTION: Motion to approve the expenditure of PIL funds for
acquisition and implementation of easements related to forest conservation for David Foltz and
Phil Bakershenk.
REPORT-IN-BRIEF: The County has an executed Memorandum of Understanding with the
Washington County Soil Conservation District (WCSCD) to assist us in the expenditure of accrued
PIL funds in accordance with the Maryland Forest Conservation Act and the Washington County
Forest Conservation Ordinance. The responsibility of the WCSCD is to seek out property owners
who are willing to voluntarily implement a permanent easement on their property for the purpose
of retaining or planting forested areas. WCSCD also oversees all aspects of easement
implementation including survey work, site prep, installation and maintenance of the easements.
WCSCD has received interest from two property owners for two sites in the vicinity of the C&O
Canal as potential areas for easement acquisition. As the sites score well on their ranking system,
due to their proximity to high value waterways as well as for containing legacy trees and rare
plants, they are recommended for acquisition. Two of the proposed easements areas would
connect contiguously to other protected lands within the C&O Canal National Historic Park,
increasing their environmental benefit.
DISCUSSION: The Maryland Forest Conservation Act requires counties across the State to
implement standards to help protect forest resources threatened by growth and land development.
The Washington County Forest Conservation Ordinance implements these regulations through our
plan review and permitting process. New development that meets the threshold of a regulated
activity is required to mitigation for impacts on forest resources. There are several options outlined
in the Ordinance that developers may use to mitigate for these impacts. The highest priority is
always retention or afforestation on the site where the regulated activity is taking place, however,
it is not always possible to complete mitigation on site. One method of mitigation is for the
developer to pay a fee in lieu of physical forest installation or protection. These funds are deposited
into a dedicated account and accrued until such time as sufficient funds are available to establish
easements elsewhere in the County.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FISCAL IMPACT: N/A. All work completed under this task will be paid for with funds
committed by various developers as mitigation fees.
CONCURRENCES: Washington County Planning Commission
ALTERNATIVES: If the County does not expend the PIL funds in accordance with the Maryland
Forest Conservation Act then all funds collected must be returned to the various developers who
must then expend the funds by finding mitigation options themselves.
ATTACHMENTS: FCA Candidate packet from WCSCD
AUDIO/VISUAL NEEDS: N/A
Foltz Property
Forest Conservation Easement
DAVI D A. FOLTZ
6500 Sharpsburg Pike
Sharpsburg, MD 21782 Total Acres: 249.25
MPV: 22-01-010549 Total Approximate Acres in Forest Conservation Easement: 56.4
500 250 0 500 11000 11500 21000 N
Feet
Wes Moore G overnor
MARYLAND
-:. Aruna Miller, Lt. Governor
„�, ....�•� DEPARTMENT OF Josh NDeputy
Kurtz SecretaryATURAL RESOURCES David Goshorn De u f Secretar
r tv y
Landowner: Foltz
Prepared by: Robert Schwartz, Forester
The potential easement encompasses four existing forest areas totaling approximately 56.4 acres
adjacent to a small, unnamed tributary to the Potomac River on the Foltz property. This potential
easement is contained on one parcel (Tax map 72 Parcel 004) along the
west side of Sharpsburg Pike.
The existing forest on the southern, 13.1 acre, and western, 16.5 acre,
sections of proposed easement, surrounding the CSX Railroad tracks,
are the highest quality on the property. These areas feature a middle
aged to older oak -hickory forest dominated by white oak, chinkapin
oak, shagbark hickory, hackberry, and other native species. Several
species of spring ephemeral wildflowers were noted including cutleaf
toothwort, mayapple, and jack-in-the-pulpit. The midstory contains
native tree species regeneration, spicebush, and invasive shrub species.
The invasive shrubs can be controlled through good forest stewardship
and do not threaten the long-term prospects for this forest remaining as
forest. The 16.5 acre western forest area also contains several `wolf
trees. These wolf trees grew up along property lines during a period
when the surrounding landscape was largely cleared for agriculture,
thus retaining their lower limbs and avoiding being felled due to
potential property disputes. Based on their size, several of these trees
began growing around the time of the Civil War and may have
witnessed the Battle of Antietam.
Figure 1: Wolf oak located on the 16.5 acre
section of existing forest.
The existing forest on the northern, 17.5 acre, section of proposed easement is primarily eastern red
cedar thicket mixed with mid -successional hardwood species. Eastern red cedar thickets are early -
successional forests utilized by numerous wildlife species during the year. In the winter, these areas
provide much needed thermal cover while in the spring and summer they provide nesting material as
well as cool respite from the heat. Areas of this forest are beginning to succeed into middle-aged
hardwoods such as black walnut, oak, and red maple. Some invasive species are present, including
autumn olive, but the deep shade cast by the eastern red cedar mostly precludes them.
The fourth, eastern -most section of proposed easement is 9.3 acres in size. Part of this area was planted
through the Conservation Reserve and Enhancement Program (CREP) many years ago for water -quality
benefits and has developed into a very successful riparian forest buffer. Riparian forest buffers protect
and shade streams to keep the water cold and clear of excess nutrients and so these patches of forest
are highly beneficial on the landscape. Areas with more open canopy have dense populations of
wingstem, New York ironweed, and other wildflowers near the unnamed tributary to the Potomac River.
Maryland Forest Service
A YLAWD 0
14038 Blairs Valley Road • Clear Spring, MD 21722
301-791-4733 9 www.dnr.maryland.gov 9 TTY users call via Maryland Relay
-_� MARYLAND
� DEPARTMENT OF
i� NATURAL RESOURCES
Young oaks, hickories, hackberry, red maple, and black maple
dominate other, previously existing areas of forest in the uplands
near the CREP planting. This is also the only documented location
of October Ladies' Tresses orchid (Spiranthes ovalis erostellata) on
private land in Washington County, per the Maryland Biodiversity
Project and iNaturalist, with the only other location being
Antietam National Battlefield.
Surrounding land uses are mostly composed of agricultural and
forest land. These particular pieces of forest are important on the
landscape, however, as they connect several other large blocks of
forest, improving the quality of habitat for wildlife species, and
preserving the landscape in a historic nature for nearby C&O Canal
National Historical Park and Antietam National Battlefield visitors.
Wes Moore, Governor
Aruna Miller, Lt. Governor
Josh Kurtz, Secretary
David Goshorn, Deputy Secretary
Figure 2: October ladies' Tresses orchid
supports a number of unique pollinator species.
Maryland Forest Service
MARYLA D
14038 Blairs Valley Road • Clear Spring, MD 21722
301-791-4733 • www.dnr.maryland.gov • TTY users call via Maryland Relay
WASHINGTON COUNTY FOREST CONSERVATION ORDINANCE
PAYMENT IN LIEU PROGRAM
EXISTING FOREST PROJECT RANKING CRITERIA
PROJECT NAME David Foltz - 6500 Sharpsburg Pike, Sharpsburg, MD 21782
h
O e' a"aAs�s'U Q LvGm�d.r l :'Z, : 7 f. d T� � �� � � U T'o�If��T T � � �e �Ti1�� �F FORE-ST �NTAINEyi' IN THE
Ranking Factor Description Maximum Total Score Notes
P
Points
Adjacent to perennial or
Perennial stream (10 pts.)
Perennial Unnamed Tributaries
1
intermittent stream
Intermittent (5 pts.),
10
10
to the Potomac River
No stream (0 pts.)
Connects forest "Islands"
Forested corridor is at least 300' wide (10
2
creating forested corridors
pts.), 200° wide (5 pts.), does not create
10
10
corridor (0 pts.)
Adjacent to Class III Trout Waters with
natural populations of trout (10 pts.), within
Easement will protect perennial
3
Adjacent to critical habitat
Class III watershed (5 pts), wetlands (3 pts.),
10
3
unnamed tributaries to the
Potomac River
No critical habitats (0 pts.)
Easement will increase forest to 100 acre
4
Contiguous forest cover
block (5pts.), 50 acres(3 pts.), will not adjoin
5
0
existing forest (0 pts.)
5
100 Year Floodplain
Easement will cover 100% of 100 year
5
0
No 100 Year Floodplain on
floodplain (5 pts.), 50% (3 pts.), 0% (0 pts.)
property.
Easily accessible , maintenance and long
6
Site access
term monitoring, (10 pts)
10
10
Adequately stocked forest of predominately
native tree and shrub species of good health
Site conditions, including
and vigor(10 pts.,) over or under stocked
?
control of non-
forest with no greater than 20% non-
10
10
native/invasive plant species
native/invasive species and landowner has
demonstrated commitment to control (5
pts.), requires extensive invasive control (0
pts.)
8
Total existing forest area
> 5 acres (10 pts.), 2-5 acres (5 pts.),
10
10
56.4 Acres
< 2 acres (1 pt.)
Watershed location
Located in Antietam or Conococheague
10
0
watershed (10 pts.)
Sensitive species area Identified for site and
9
Sensitive species Identified
no adverse effects from project (5pts.), no
5
5
October Ladies' Tresses Orchid
sensitive species area Identified for site,
(Opts.)
TOTAL POINTS POSSIBLE
85
58
*Several Wolf / Witness Trees located on the property.*
Foltz and Bakershenk FCA Cost -Estimates
FOLTZ
BAKERSHENK
TOTALS
EXISTING FOREST, ACRES PROTECTED
56.4
6.87
63.27
PLANTING ACRES 300'
0
0
0
PLANTING ACRES +300'
0
0
0
PLANTING COST ESTIMATE
$0
$0
$0
PAYMENT TO LANDOWNER
$84,600
$10,305 .
$94,905
PAYMENT TO SCD
$50,760
$6,183
$56,943
SURVEY/PLAT COSTS
$4,500.00
$21000.00
$61500
TITLE SEARCH COST
$200
$200
$400
LEGAL FEES
$1,500
$1,500
$3,000
OTAL
FOREST CONSERVATION FUND
BALANCE FOR ADDITIONAL PROJECTS/MAINTENANCE
$141,560
BALANCE
$20,188
7/19/2023
$161,748
$370,616
$208,868
Open Session Item
SUBJECT: Application for Zoning Map Amendment RZ-23-005
PRESENTATION DATE: August 22, 2023
PRESENTATION BY: Travis Allen, Comprehensive Planner, Department of Planning and Zoning
RECOMMENDED MOTION: Approval of the request to remove the Rural Business Zoning District
(RB) at the subject property.
REPORT-IN-BRIEF: Application is being made to fully terminate an existing Rural Business floating
zone through a rezoning map amendment.
DISCUSSION: The applicant Martin and Colleen Katz seeks a map amendment for a property located
at 8524 Fahrney Church Road. An existing RB floating zone was established over the parcel in 2014,
which formerly was included within the lands of the San Mar Children’s Home. The current proposal
seeks to completely remove the RB floating zone so that the applicant may pursue an addition to the
existing residential use on this property. Most residential uses are not permitted within an RB Zoning
District.
The factors to be considered in a request to fully terminate an existing RB zoning district are specified
in Section 5E.8 of the Washington County Zoning Ordinance. The applicant must provide a written
request to remove the RB floating zone. The Board of County Commissioners may approve or deny
the request without holding a public hearing.
This item was presented to the Washington County Planning Commission at their regular meeting on
August 7, 2023. The members unanimously recommended approval of the proposed map amendment.
FISCAL IMPACT: N/A
CONCURRENCES: Washington County Planning Commission
ALTERNATIVES: N/A
ATTACHMENTS: Staff report, Request Letter, Planning Commission recommendation
AUDIO/VISUAL NEEDS: none
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
1
August, 2023 Case #: RZ-23-005
Application for Map Amendment
Staff Report and Analysis
Property Owner(s) : Martin and Colleen Katz
Applicant(s) : Martin and Colleen Katz
Location : 8524 Fahrney Church Road, Boonsboro
Election District : #6 – Boonsboro
Comprehensive Plan
Designation : Agriculture
Zoning Map : 63
Parcel(s) : P. 328
Acreage : 9.39 acres
Existing Zoning : RB – Rural Business
Requested Zoning : A(R) – Agricultural, Rural
Date of Meeting : August 7, 2023
I. Background Information
a. Location and Description of Subject Properties
The proposed rezoning site is located
at 8524 Fahrney Church Road,
immediately south of San Mar
Children’s Home and west of Fahrney
Keedy Senior Living Community.
The total acreage of the parcel is
currently given the Rural Business
floating zone (RB) designation atop a
base zoning of Agricultural Rural
(AR).
The property is currently improved by
a single-family dwelling and contains
woodlands with an intermittent
stream, and agricultural land. A 2-acre
forest conservation easement encumbers the southernmost portion of the woodland.
Staff Report and Analysis
RZ-23-005 Martin & Colleen Katz
Page 2
2
a. Rural Business Floating Zone Removal Criteria
The applicant is requesting a full termination of the Rural Business (RB) floating
zone previously applied to the property in 2015 (RZ-14-002). Section 5E.8 of the Zoning
Ordinance describes the criteria for the full removal of the floating zone:
b) Full Termination
An individual property owner may submit a written request to the Planning Commission to
remove the entire RB floating zone district from their property at any time. The Planning
Commission shall review such a request at one of their regular meetings and make a
recommendation to the Board of County Commissioners as to whether or not to grant the
request. The Board of County Commissioners may then approve or deny the request
without a public hearing. Should the Board of County Commissioners approve the
property owner’s request to remove the RB floating district, the land will be restored to its
underlying zoning district.
II. Staff Analysis and Conclusion:
The applicant has met the criteria described above for the partial termination of the
existing RB through the submission of letter dated July 14, 2023, describing their request.
The letter details the circumstances which lead to the creation of Lot 3, as it was subdivided
off from San Mar Children’s Home in 2022 and sold to the current owner. The applicant
intends to construct an addition to the property to house their parents.
Most residential uses are not permitted by the current RB Zoning applied to the
property, including the proposed addition. The full termination of the existing RB district
would therefore enable the intended expansion of the residential use to occur. The
applicant would merely need to meet the requirements of the underlying Agricultural Rural
(AR) zoning already affixed to the property in expanding the existing residential use at this
location.
The requested change would therefore constitute a voluntary downzoning to a less
intensive land use on the existing parcel. Accordingly, this intended switch to a less
intensive use would be unlikely to negatively impact neighborhood character or public
infrastructure in the area.
Respectfully Submitted,
Travis Allen
Comprehensive Planner
July 14, 2023
Dear members of the Washington Co. MD Planning Commission and the
Washington Co. MD Board of Commissioners,
We are writing this letter to you to request that the zoning overlay RB be
removed from our property located at 8524 Fahrney Church Rd.
Boonsboro, MD 21715.
The property was previously owned by San Mar Children's Home in
Boonsboro and when they subdivided the land the RB overlay was not
removed. As it is now a residential property we are requesting the overlay
be removed.
Thank you for your time,
Martin and Colleen Katz
8524 Fahrney Church Rd.
Boonsboro, MD 21713
(301) 651-4625
DEPARTMENT OF PLANNING & ZONING
PLANNING I ZONING I LAND PRESERVATION I FOREST CONSERVATION I GIS
August 9, 2022
APPLICATION FOR MAP AMENDMENT
PLANNING COMMISSION RECOMMENDATION
Property Owner(s)
Martin and Colleen Katz
Applicant(s)
Martin and Colleen Katz
Location
8524 Fahrney Church Road
Election District
#6 - Boonsboro
Comprehensive Plan
Designation
Agriculture
Zoning Map
63
Parcel (s)
328
Acreage
9.39 acres
Existing Zoning
RB — Rural Business
Requested Zoning
A(R)—Agricultural Rural
Date of Meeting
August 7, 2023
RECOMMENDATION
RZ-23-005
The Washington County Planning Commission took action at its regular meeting held on Monday,
August 7, 2023 to recommend approval of Map Amendment RZ-23-005 to the Board of County
Commissioners. The Commission considered the applicant's request to fully terminate the Rural
Business (RB) floating zone on 9.39 acres of property at 8524 Fahrney Church Road. The Commission
considered the Staff Report and Analysis.
Copies of the applicant's letter and Staff Report and Analysis are attached.
Res ectfully submitted,
Jil L. Baker, AICP
Director, Washington County
Department of Planning & Zoning
JLB/TAL/dse
Attachments
cc: Kirk Downey
747 Northern Avenue I Hagerstown, MD 21742 1 P: 240.313.2430 1 F: 240.313.24311 TDD: 7-1.1
WWW.WASHCO-MD.NET
Washington County. Board of County Commissioners of Washington County, Maryland
` Agenda Report Form
Open Session Item
SUBJECT: Utility Fiber Work
PRESENTATION DATE: August 22, 2023
PRESENTATION BY: Scott Hobbs, Director, Division of Engineering
RECOMMENDED MOTION: Consensus regarding inspection for utility installation.
REPORT -IN -BRIEF: The County has been receiving telephone calls and e-mails from citizens
about the various fiber utility company work and the impact to public right-of-way / properties.
An aerial map is attached showing the currently -permitted work areas.
DISCUSSION: A request was made during staff comments on August 8 to evaluate additional
inspection. Inspectors currently working on County projects could assist as needed. If further
coverage is needed, staff could evaluate increasing utility permit fees or conditions of the permit
to address this. Area construction inspectors continue to monitor the work and track any impacts.
FISCAL IMPACT: TBD
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: GIS Map
AUDIOVISUAL TO BE USED: GIS Map
Open Session Item
SUBJECT: FY23 Budget Adjustment
PRESENTATION DATE: August 22, 2023
PRESENTATION BY: Kristin Grossnickle, Circuit Court Administrator
RECOMMENDED MOTION: Move to approve the budget adjustment as presented.
REPORT-IN-BRIEF: Move $28,274.00 from Computer/Software Equipment – Circuit Court
account to the General Fund CIP account for FY23
DISCUSSION: The Circuit Court had budgeted for an upgrade and replacement to the Docket
Board system under the Circuit Court’s Computer/Software Equipment line of the FY23 budget.
The project went through the procurement process and the project was awarded to Infax, Inc.
with a Purchase Order issued on June 5, 2023. Due to timing of delivery of supplies, and
schedules of the vendor and court, installation reached full completion August 16, 2023.
Per Recommendation from the Department of Budget & Finance, a FY23 budget adjustment has
been generated to move $28.274.00 from the Computer/Software Equipment – Circuit court
account to the General Fund CIP for this expenditure.
FISCAL IMPACT: $28,274.00 to be moved from the Computer/Software Equipment- Circuit
Court account to the General Fund CIP account.
CONCURRENCES: Kelcee Mace, Deputy Director of Budget & Finance
ALTERNATIVES: None
ATTACHMENTS: Budget Adjustment Form 100200_08_14_2023
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
2
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Open Session Item
SUBJECT: Community Organization Funding – Available Funding and Service Priority Area
Allocations
PRESENTATION DATE: August 22, 2023
PRESENTATION BY: Rachel Souders, Senior Grant Manager, Office of Grant Management
RECOMMENDED MOTION(S): Move to approve the Community Organization Funding
Service Priority Areas and their respective available funding amounts as presented (or amended).
REPORT-IN-BRIEF: The Community Organization Funding Committee is preparing for the
fiscal year 2025 application and review process. As was agreed upon when the program was
created, the Board of County Commissioners shall annually determine and approve the service
priority areas eligible to receive funding consideration. The Board shall also set or approve the
total available funding that should be dedicated to each established service priority area.
DISCUSSION: Historically the Board has funded six (6) service priority areas which are: Arts
& Culture, Domestic Violence, Families and Children, Recreation, Seniors and Other. These
service priority areas have encompassed and included all applications received and have not
excluded an organization from making application for funding.
For the purposes of the Committees’ fiscal year 2025 considerations, Washington County’s
Interim Chief Financial Officer has indicated $1,000,000 is available for distribution. This
amount is the same as the allocation approved for FY24. This total is subject to adjustment as
the fiscal year 2025 budget is discussed.
It is the recommendation of the County’s Interim CFO and the Office of Grant Management that
the amount of funding made available for each respective service priority be set as indicated
below.
Service Priority Area Funding Available Percent of Available Funds
Arts & Culture $113,200 11.3%
Domestic Violence $322,245 32.2%
Families & Children $412,305 41.2%
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Recreation $28,350 2.8%
Seniors $113,610 11.4%
Other $10,290 1.1%
Total $1,000,000 100%
As previously agreed by the Board, the COF Committee does have the latitude to move twenty
(20) percent of the approved amounts from one service priority to another, but every year the
amount of funding available for a specific service priority area will return to the approved base
figure as set by the Board.
On August 31, 2021, the Board voted to allow the inclusion of capital expenses as eligible costs
funded through Community Organization Funding. This inclusion has not had an adverse impact
upon the program and provided increased flexibility for applicants; therefore, it is recommended
that the grant continue to fund both capital and operating expenses.
Historically, the COF Grant program has provided funding for an average of 30 non-profit
organizations annually. The submitted applications are reviewed and scored by the Committee
based upon the following scoring criteria:
Criteria Maximum Points
1. Statement of Nee 20
2. Past Performance 5
3. Or anizational Capacit and Staffin Plan 20
4. Pro ram Plan 35
5. Collaborations, Partnerships, & Coordination of Services 10
6. Bud et Spread Sheet and Bud et Narrative 10
Maximum Score 100
FISCAL IMPACT: The fiscal impact of Community Organization Funding is dependent upon
funding decisions made by the Board during the annual budgetary process.
CONCURRENCES: Interim Chief Financial Officer, Washington County, Maryland
ALTERNATIVES: The Board may amend service priorities and funding amounts and eligible
expenses as deemed appropriate.
ATTACHMENTS: N/A
AUDIO/VISUAL TO BE USED: N/A