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BOARD OF COUNTY COMMISSIONERS
December 10, 2019
OPEN SESSION AGENDA
09:00 A.M. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Jeffrey A. Cline
APPROVAL OF MINUTES – December 3, 2019
09:05 A.M. 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 discuss an investigative proceeding on actual or possible criminal conduct)
10:00 A.M. RECONVENE IN OPEN SESSION
10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:15 A.M. REPORTS FROM COUNTY STAFF
10:25 A.M. CITIZENS PARTICIPATION
10:35 A.M. REPAIR OF THE COMPACTORS FOR THE DEPARTMENT OF SOLID WASTE – David A.
Mason, P.E., Deputy Director, Department of Solid Waste
10:40 A.M. RESPONSE TO MINIMUM WAGE LEGISLATION – Sara Greaves, Chief Financial Officer and
Rachel Brown, Director, Human Resources
11:00 A.M. PUBLIC HEARING – WATER AND SEWERAGE PLAN AMENDMENT, CITY OF
HAGERSTOWN WS-19-003 – Jill Baker, Director, Department of Planning and Zoning
11:30 A.M. ADJOURNMENT
President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
Cort F. Meinelschmidt
Randall E. Wagner
Open Session Item
SUBJECT: Repair of the Compactors for the Department of Solid Waste
PRESENTATION DATE: December 10, 2019
PRESENTATION BY: David A. Mason, P. E., Deputy Director, Department of Solid Waste
RECOMMENDED MOTION: Motion to approve the lease of a Tracked Excavator for the Department of Solid
Waste
REPORT-IN-BRIEF: The Department has two existing Excavators: #199 Caterpillar 345B purchased 2000,
18,000 hours and #235 LinkBelt 330LX, purchased 2008, 10,500 hours. These types of equipment have a life
expectancy of ten to twelve years (10,000 to 15,000 hours). Staff will use the SourceWell National Contracts to
procure the lease.
DISCUSSION: The excavators are used daily to load the daily cover material and help grind brush for mulch.
They are typically used six to eight hours a day, six days per week, approximately 2000 hours per year. As of
November 14, 2019, the LinkBelt 330LX has had a major engine failure and will require approximately $50,000
worth of repairs.
FISCAL IMPACT: Funding has been allocated in the FY21 budget to lease equipment for the Department. We
are requesting approval to have the lease secured in early 2020, to fund the lease; the Department of Solid Waste
has identified three pieces of equipment to trade-in. It is anticipated the funds received on the trade-in will cover
the lease payments until July of 2020. The equipment to be traded is as follows:
Equipment Serial Number Hours Trade-In Value
(maximum)
•2001 CATERPILLAR D400 08PS01035 15,000 Hours $30,000
•2002 John Deere 850C T0850CX908492 12,500 Hours $15,000
•2008 LinkBelt 330LK LBX330Q3N8HE7408 10,500 Hours $11,000*
* Estimated amount given the engine failure
#199 will be kept to serve as a backup and for use when the new truck is being serviced.
Monthly Lease Payment – $7,100 (maximum)
FY20 Lease Payments - $42,600 (6 months)
FY21 Lease Payments - $85,200 (12 months)
Actual payment amounts may change based on actual terms of the lease and manufacturer.
CONCURRENCES: Director of Environmental Management, Chief Financial Officer
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Response to Minimum Wage Legislation
PRESENTATION DATE: December 10, 2019
PRESENTATION BY: Sara Greaves, Chief Financial Officer and Rachel Brown, Director,
Human Resources
RECOMMENDED MOTION: For consideration to establish an approach for the FY2021
budget and future years.
REPORT-IN-BRIEF: Commissioner Meinelschmidt requested the County’s plan of action to
address the minimum wage legislation through FY2025. The CFO presented options for
discussion on 10/15/2019 and 11/12/2019 and was directed to bring back one recommendation to
the BOCC.
DISCUSSION: The current minimum wage is $10.10 per hour. Maryland law makers passed
legislation to raise minimum wage to $15 per hour by 2025 through incremental yearly increases.
Current legislation
Below are the required minimum wage changes per Maryland legislation.
$10.10 Current
$11 on Jan. 1, 2020, 9% increase
$11.75 on Jan. 1, 2021, 7% increase
$12.50 on Jan. 1, 2022, 6% increase
$13.25 on Jan. 1, 2023, 6% increase
$14 on Jan. 1, 2024, 6% increase
$15 on Jan. 1, 2025, 7% increase
Stability is an important component of County employment. Long term sustainability relies on
conservative spending and flexibility of reserves. Economical and financial challenges are in our
County’s future. Some of those include the possibilities of a recession, uncertainty that comes
with the 2020 presidential election, Kirwan, solutions for Fire & EMS, and even the business
impact on our county from the minimum wage legislation. Because of this, the County must
choose to implement wage changes related to the minimum wage legislation in the most cost-
effective manner.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
The Challenge
The below chart represents the estimated number of employees under minimum wage by year.
Both Regular-PT and Temporary-PT positions are included in the chart. In 2025, 40 of the 369
represent regular-PT positions, while the remainder are temporary-PT positions.
The majority of those directly affected by the minimum wage are PT-Temporary employees,
which are seasonal employees such as life guards at the pool or seasonal maintenance workers.
Solution
PT-Regular: The regular part timers will remain on the regular scale, at 8% between grades and
2.5% between steps. In 2022, Regular PT employees on grade 3 will move to grade 4. In 2024,
regular PT employees on grade 4 will move to grade 5. In 2025, regular Part time employees on
grade 5 will move to grade 6. Grades below a 6 will be unused on the regular part time scale.
PT-Temporary: Implement a separate scale with 4% between grades and 1.5% between steps.
The scale will begin (grade 1, step 1) with the minimum wage. This scale will change each year,
with each minimum wage increase. The reasoning for a separate scale is to create a separation
and differentiation between seasonal positions and year-round county positions that make close
to minimum.
Pros of the above solution
- All workers under $15 will be addressed in the most cost-effective manner
- Congestion will be reduced with the implementation of the new PT-Temporary scale
-Existing County plan to provide an annual step places current employees at a step 5,
while new hires will be at step 1, between now and full implementation to help with
congestion.
- No reduction in services or positions.
Cons of the above solution
-PT-Temporary employees will not receive the same Grade and step benefits as PT-
Regular employees
- Does not fully address congestion
Min Wage 2020 2021 2022 2023 2024 2025
11.00$ 155
11.75$ 169
12.50$ 181
13.25$ 325
14.00$ 342
15.00$ 369
Closing Remarks
Minimum wage is a mandate that the County must provide for. The County has been proactive
in thinking about this legislation and the impact on both employees and local business. Managing
County resources in a responsible and cost-effective manner, not only for today, but for the
future of our county is the driving force behind the above suggestion.
FISCAL IMPACT: Variable
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Temporary-PT scales through FY2025
AUDIO/VISUAL NEEDS: N/A
GRADE 1 2 3 4 5 6 7
Base + 1.5% + 1.5% + 1.5% +1.5% + 1.5% +1.5%
5 28,600 29,037 29,474 29,910 30,368 30,826 31,283
13.75 13.96 14.17 14.38 14.60 14.82 15.04
4 27,498 27,914 28,330 28,746 29,182 29,619 30,056
13.22 13.42 13.62 13.82 14.03 14.24 14.45
3 26,437 26,832 27,227 27,643 28 059 28 475 28,912
12.71 12.90 13.09 13.29 13.49 13.69 13.90
2 25,418 25,792 26,187 26,582 26,978 27 373 27,789
12.22 12.40 12.59 12.78 12.97 13.16 13.36
1 24.440 24,814 25,189 25,563 25,938 26,333 26,728
/11.75 11.93 12.11 12.29 12.47 12.66 12.85 --
--- --------- --- - ------------------------------------ -------.
Washington County Government
FY 2021 Part-TimeSalary Scale
7/1/2020
STEP
8 9 10 11 12
+1.5% +1.5% + 1.5% + 1.5% + 1.5%
31,782 32,240 32,718 33,218 33,717
15.27 15.50 15.73 15.97 16.21
30,514 30,971 31 429 31,907 32,386
14.67 14.89 15.11 15.34 15.57
29,349 29 786 30,222 30,680 31,138
14.11 14.32 14.53 14.75 14.97
28 205 28,621 29,058 29,494 29,931
13.56 13.76 13.97 14.18 14.39
27,123 27,539 27,955 28,371 28,787
13.04 13.24 13.44 13.64 13.84
13 14
+1.5% +1.5%
34,216 34,736
16.45 16.70
32 864 33,363
15.80 16.04
31,595 32 074
15.19 15.42
30,389 30,846
14.61 14.83
29,224 29,661
14.05 14.26
15 16 17 18 19 20 21
+1.5% + 1.5% +1.5% +1.5% +1.5% +1.5% + 1.5%
35,256 35,776 36,317 36,858 37,419 37,981 38,542
16.95 17.20 17.46 17.72 17.99 18.26 18.53
33,862 34,362 34,882 35,402 35,942 36,483 37 024
16.28 16.52 16.77 17.02 17.28 17.54 17.80
32,552 33 030 33,530 34,029 34 549 35,069 35,589
15.65 15.88 16.12 16.36 16.61 16.86 17.11
31,304 31,782 32,261 32,739 33,238 33,738 34,237
15.05 15.28 15.51 15.74 15.98 16.22 16.46
30 098 30,555 31,013 31,470 31,949 32,427 32,906
14.47 14.69 14.91 15.13 15.36 15.59 15.82
GRADE 1 2 3 4 5
Base +1.5% + 1.5% +1.5% +1.5%
5 36 504 37,045 37,606 38,168 38,750
17.55 17.81 18.08 18.35 18.63
4 35,090 35,610 36,150 36,691 37,232
16.87 17.12 17.38 17.64 17.90
3 33,738 34,237 34,757 35,277 35 797
16.22 16.46 16.71 16.96 17.21
2 32,448 32,926 33,426 33,925 34,424
15.60 15.83 16.07 16.31 16.55
1 31 200 31,678 32,157 32,635 33,134
f 15.00 1 15.23 15.46 15.69 15.93 --
6 7
+ 1.5% +1.5%
39,333 39,915
18.91 19.19
37,794 38,355
18.17 18.44
36,338 36,878
17.47 17.73
34,944 35,464
16.80 17.05
33,634 34,133
16.17 16.41
Washington County Government
FY 2025 Part-Time Salary Scale
7/1/2024
STEP
8 9 10 11 12
+ 1.5% +1.5% + 1.5% + 1.5% + 1.5%
40,518 41 122 41 746 42,370 43,014
19.48 19.77 20.07 20.37 20.68
38,938 39,520 40 123 40,726 41,330
18.72 19.00 19.29 19.58 19.87
37,440 38,002 38,563 39,146 39,728
18.00 18.27 18.54 18.82 19.10
36,005 36,546 37,086 37,648 38 210
17.31 17.57 17.83 18.10 18.37
34,653 35,173 35 693 36,234 36 774
16.66 16.91 17.16 17.42 17.68
13 14 15 16 17 18 19 20 21
+1.5% +1.5% + 1.5% +1.5% + 1.5% +1.5% +1.5% +1.5% + 1.5%
43,659 44,304 44,970 45,635 46,322 47,008 47,715 48,422 49,150
20.99 21.30 21.62 21.94 22.27 22.60 22.94 23.28 23.63
41 954 42,578 43,222 43,867 44,533 45,198 45,885 46,571 47,278
20.17 20.47 20.78 21.09 21.41 21.73 22.06 22.39 22.73
40 331 40 934 41,558 42,182 42,806 43,451 44,096 44,762 45,427
19.39 19.68 19.98 20.28 20.58 20.89 21.20 21.52 21.84
38,792 39,374 39 957 40,560 41 163 41,787 42,411 43,056 43,701
18.65 18.93 19.21 19.50 19.79 20.09 20.39 20.70 21.01
37 336 37,898 38,459 39,042 39,624 40,227 40,830 41,434 42,058
17.95 18.22 18.49 18.77 19.05 19.34 19.63 19.92 20.22
GRADE 1 2 3 4 5
Base +1.5% +1.5% +1.5% +1.5%
5 34,070 34,590 35,110 35,630 36,171
16.38 16.63 16.88 17.13 17.39
4 32,760 33,259 33,756 34,256 34,778
15.75 15.99 16.23 16.47 16.72
3 31,491 31,970 32 448 32,926 33,426
15.14 15.37 15.60 15.83 16.07
2 30 285 30,742 31,200 31,678 32,157
14.56 14.78 15.00 15.23 15.46
1 29.120 29,557 29,994 30,451 30,909
(14.00) 14.21 14.42 14.64 14.86
6 7
+1.5% +1.5%
36,712 37,253
17.65 17.91
35,298 35,818
16.97 17.22
33,925 34,424
16.31 16.55
32,635 33 134
15.69 15.93
31,366 31,845
15.08 15.31
Washington County Government
FY 2024 Part-Time Salary Scale
7/1/2023
STEP
8 9 10 11 12
+1.5% + 1.5% + 1.5% +1.5% +1.5%
37,814 38,376 38,956 39,541 40 144
18.18 18.45 18.73 19.01 19.30
36,358 36,899 37 461 38,022 38,564
17.48 17.74 18.01 18.28 18.55
34 944 35,464 36 005 36,546 37,086
16.80 17.05 17.31 17.57 17.83
33,634 34 133 34,653 35,173 35,693
16.17 16.41 16.66 16.91 17.16
32,323 32,802 33 301 33,800 34,299
15.54 15.77 16.01 16.25 16.49
13 14 15 16 17 18 19 20 21
+1.5% +1.5% +1.5% + 1.5% +1.5% + 1.5% +1.5% +1.5% + 1.5%
40,747 41,350 41,974 42,598 43 243 43,888 44,554 45,219 45,906
19.59 19.88 20.18 20.48 20.79 21.10 21.42 21.74 22.07
39,166 39,749 40,352 40,955 41,579 42 203 42 827 43,472 44,117
18.83 19.11 19.40 19.69 19.99 20.29 20.59 20.90 21.21
37,648 38 210 38,792 39,374 39,957 40,560' 41 163 41,787 42,411
18.10 18.37 18.65 18.93 19.21 19.50 19.79 20.09 20.39
36,234 36,774 37,336 37,898 38,459 39,042 39,624 40,227 40,830
17.42 17.68 17.95 18.22 18.49 18.77 19.05 19.34 19.63
34,819 35,339 35,859 36,400 36,941 37,502 38,064 38 626 39,208
16.74 16.99 17.24 17.50 17.76 18.03 18.30 18.57 18.85
GRADE 1 2 3 4
Base +1.5% + 1.5% +1.5%
5 32,240 32,718 33,218 33,717
15.50 15.73 15.97 16.21
4 30,992 31,450 31,928 32,406
14.90 15.12 15.35 15.58
3 29,808 30,243 30,701 31,158
14.33 14.54 14.76 14.98
2 28 662 29,099 29,536 29,973
13.78 13.99 14.20 14.41
1 27, ...... 27 976 28,392 28 808
/"'13.251.) 13.45 13.65 13.85
5 6 7
+1.5% + 1.5% +1.5%
34,216 34,736 35,256
16.45 16.70 16.95
32,885 33,384 33,883
15.81 16.05 16.29
31,616 32,094 32,573
15.20 15.43 15.66
30,430 30,888 31,346
14.63 14.85 15.07
29,245 29,682 30,118
14.06 14.27 14.48
Washington County Government
FY 2023 Part-Time Salary Scale
7/1/2022
STEP
8 9 10 11 12
+ 1.5% +1.5% +1.5% + 1.5% +1.5%
35,776 36 317 36,858 37,419 37,981
17.20 17.46 17.72 17.99 18.26
34,382 34,902 35 422 35,963 36,504
16.53 16.78 17.03 17.29 17.55
33,051 33,550 34,050 34,570 35,090
15.89 16.13 16.37 16.62 16.87
31,824 32 302 32,781 33,280 33,779
15.30 15.53 15.76 16.00 16.24
30,576 31 034 31 491 31,970 32,448
14.70 14.92 15.14 15.37 15.60
13 14 15 16 17 18 19 20 21
+1.5% + 1.5% + 1.5% + 1.5% +1.5% +1.5% +1.5% + 1.5% + 1.5%
38,542 39,125 39,707 40,310 40,914 41,538 42,162 42,786 43,430
18.53 18.81 19.09 19.38 19.67 19.97 20.27 20.57 20.88
37,045 37,606 38,168 38,750 39,333 39,915 40,518 41,122 41,746
17.81 18.08 18.35 18.63 18.91 19.19 19.48 19.77 20.07
35 610 36 150 36,691 37,232 37,794 38,355 38 938 39,520 40 123
17.12 17.38 17.64 17.90 18.17 18.44 18.72 19.00 19.29
34 278 34 798 35,318 35,838 36,379 36,920 37 482 38,043 38,605
16.48 16.73 16.98 17.23 17.49 17.75 18.02 18.29 18.56
32,926 33,426 33 925 34,424 34 944 35,484 36,005 36,546 37,086
15.83 16.07 16.31 16.55 16.80 17.05 17.31 17.57 17.83
GRADE 1 2 3 4 5
Base + 1.5% + 1.5% +1.5% + 1.5%
5 30,410 30,887 31,325 31,803 32,282
14.62 14.84 15.06 15.29 15.52
4 29,245 29,682 30,118 30 576 31,034
14.06 14.27 14.48 14.70 14.92
3 28,122 28,538 28 974 29,411 29 848
13.52 13.72 13.93 14.14 14.35
2 27 040 27,458 27,872 28 288 28,704
13.00 13.20 13.40 13.60 13.80
1 26,ooa 28,395 28,790 27,186 27,802
/12.50.) 12.69 12.88 13.07 13.27 �
6 7
+1.5% +1.5%
32,780 33,259
15.75 15.99
31,491 31 970
15.14 15.37
30,308 30,783
14.57 14.79
29,141 29,578
14.01 14.22
28,018 28 434
13.47 13.67
Washington County Government
FY 2022 Part-Time Salary Scale
7/1/2021 STEP
8 9 10 11 12
+1.5% + 1.5% +1.5% +1.5% + 1.5%
33,758 34,258 34,778 35,298 35 818
16.23 16.47 16.72 16.97 17.22
32 448 32,926 33 426 33,925 34,424
15.60 15.83 16.07 16.31 16.55
31 221 31,899 32,178 32 858 33,155
15.01 15.24 15.47 15.70 15.94
30,014 30 472 30,930 31 387 31 888
14.43 14.65 14.87 15.09 15.32
28,870 29 307 29 744 30,181 30,838
13.88 14.09 14.30 14.51 14.73
13 14 15 16 17 18 19 20 21
+ 1.5% +1.5% +1.5% + 1.5% +1.5% +1.5% +1.5% + 1.5% +1.5%
36,358 38,899 37 461 38,022 38,584 39,168 39,749 40 352 40,955
17.48 17.74 18.01 18.28 18.55 18.83 19.11 19.40 19.69
34,944 35,484 38,005 38,546 37,086 37,648 38,210 38,792 39,374
16.80 17.05 17.31 17.57 17.83 18.10 18.37 18.65 18.93
33 854 34 154 34 874 35,194 35 714 38 254 36 795 37,357 37,918
16.18 16.42 16.67 16.92 17.17 17.43 17.69 17.96 18.23
32,344 32,822 33,322 33,821 34,320 34,840 35,360 35 901 38,442
15.55 15.78 16.02 16.26 16.50 16.75 17.00 17.26 17.52
31,098 31,554 32 032 32,510 32,989 33,488 33 987 34,507 35,027
14.95 15.17 15.40 15.63 15.86 16.10 16.34 16.59 16.84
Open Session Item
SUBJECT: PUBLIC HEARING – Water and Sewerage Plan amendment, City of Hagerstown WS-
19-003
PRESENTATION DATE: December 10, 2019
PRESENTATION BY: Jill L. Baker, Director, Department of Planning and Zoning
RECOMMENDED MOTION: This is a public hearing to take comment on the proposed amendment.
No motion is required. However, following conclusion of the public hearing, Commissioners may
discuss and reach consensus on a proposed action or delay discussion and a decision to a future meeting
REPORT-IN-BRIEF: The City of Hagerstown, through the Planning and Codes Administration
Department, has submitted a request for amendment to the Water and Sewerage Plan. The amendment
proposes additional text in Chapters 2, 3 and 4 to include references and information related to the
City’s recently adopted Comprehensive Plan, visionHagerstown 2035. The proposed additional text
will elaborate on the City’s intentions and abilities to provide public water and sewer services to
development in and outside of various designated growth areas around the City. The proposed text
describes Hagerstown’s growth management strategy and enumerates current policies regarding the
provision of service from its water and sewer facilities to development outside the municipal limits and
outside of the Medium Range Growth Area. The proposed amendment will be an addition to the current
language in the plan.
DISCUSSION: Washington County is required and designated by the Maryland Code,
Environment Article, Title 9, Subtitle 5, County Water and Sewerage Plans, as the entity responsible
for preparing a comprehensive water and sewerage plan. Section 9-504(a) of the Code specifies:
“To the extent that the incorporation will promote the public health, safety, and
welfare, each county plan shall incorporate all or part of the subsidiary plans of each town,
municipal corporation, sanitary district, privately owned facility, or local, State, or federal
agency that has existing or planned development in that county.”
Inclusion of this most accurate information, if the amendment is approved, sets the stage for
Hagerstown and the County to begin to plan for system upgrades to provide the adequate service
necessary to continue offering and implementing growth management plans.
Service priority designations, which are a general indicator of the intention and timing of the
provision of service, but are not a commitment or guarantee of service on a certain schedule, are not
proposed to be changed by this amendment. However, the proposed new text will elaborate on
Hagerstown policies regarding where it intends or is unable to allow connections to its water and
sewer systems and confirms its absolute authority to allow or not permit connections to its systems.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
The Planning Commission held a public information meeting on October 7, 2019 to take public
comment on the application. On November 4, 2019 the Planning Commission considered the
application, staff report, and comments made during the public information meeting. It recommends
adoption of the proposed amendment with minor text revisions to further clarify that the policies
referenced are those of the City of Hagerstown and to explain the GWUDI acronym (groundwater under
the direct influence of surface water).
FISCAL IMPACT: None
CONCURRENCES: City of Hagerstown
ALTERNATIVES: Following the public hearing and consideration of all pertinent information, adopt
the amendment without the Planning Commission recommended additions, adopt the amendment with
additional text changes desired by the County Commissioners or do not adopt the proposed amendment
at all.
ATTACHMENTS: Hagerstown application package including proposed text modifications, Staff
Report and Planning Commission recommendation including additional text revisions
AUDIO/VISUAL NEEDS: None
Washington County
M A R Y L A N D
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION I GIS
November 13, 2019
APPLICATION FOR AMENDMENT TO THE
WASHINGTON COUNTY WATER AND SEWERAGE PLAN
PLANNING COMMISSION RE COMMENDATION
WS-19-003
The City of Hagerstown through the Planning and Code Administration Department has requested a text
amendment to the Washington County Water & Sewerage Plan. The City has proposed additional text
for Chapters 2, 3 and 4 of the Plan in the following locations.
Chapter 2 BACKGROUND INFORMATION
Section C Land Use and Growth Management Strategy
Chapter 3 EXISTING AND PLANNED WATER SUPPLY SYSTEMS
Section P Service Area Requirements
Section Q Priority Requirements
Section R Water Service Priority Area Maps
Chapter 4 EXISTING AND PLANNED WASTEWATER SYSTEMS
Section D City of Hagerstown
Section S Service Area Requirements
Section T Priority Classification Requirements
Section U Sewerage Service Priority Maps
The Planning Commission held a public information meeting on Monday, October 7, 2019. Staff
provided a presentation of the application. Staff noted that the proposed text is intended to include
references and information related to the adoption of the City's most recent Comprehensive Plan,
visionHagerstown2035. It will elaborate on the City's intentions and abilities to provide public water and
sewer services to development in and outside of various designated growth areas around the City. The
proposed text describes Hagerstown's growth management strategy and enumerates current policies
regarding the provision of service from its water and sewer facilities to development outside the
municipal limits and outside of the Medium Range Growth Area. City staff attended the meeting and
spoke briefly to confirm the intent of the requested amendment. There was no other public comment
received.
The Washington County Planning Commission discussed the proposed changes during its regular
meeting on November 4, 2019, at which time Staff recommended a few minor changes to the text.
These minor changes would serve to further clarify certain language and definitions within the proposed
text submitted by the City of Hagerstown.
The Washington County Planning Commission took action at its regular meeting on November 4, 2019 to
recommend to the Board of County Commissioners approval of the proposed text including the minor
recommended changes made by Staff. The Commission's action was based upon a determination that
100 West Washington Street, Suite 2600 I Hagerstown, MD 21740 IP: 240.313.2430 IF: 240.313.2431 I TDD: 7-
EXHIBIT
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the request is consistent with the goals and policies of the adopted Comprehensive Plan and the
adopted Water and Sewerage Plan of Washington County.
Copies of the application, staff report, staff's proposed changes to the text, and minutes of the October
7, 2019 and unapproved minutes of the November 4, 2019 Planning Commission mee tings are attached.
STG/dse
Attachments
cc: Kirk Downey
Respectfully submitted,
-�-----c;�a .clQ___,
��-Goodrich, Director
Washington County Department of Planning
& Zoning
City of Hagerstown Request for Amendment Washington County Water & Sewerage Plan {2009) August 12, 2019
CITY OF HAGERSTOWN REQUESTED AMENDMENT LANGUAGE WITH COUNTY PLANNING STAFF
RECOMMENDED REVISIONS
Chapter 2, Background Information
C.Land Use & Growth Management Strategy
Please add a new subsection for 'Land Use & Growth Management Strategy of the City of
Hagerstown' on 11-38 :
visionHaaerstown 2035 is the Cjtv of Hagerstown's comprehensive plan and it sets the policies and recommended actions to gu ide future development infrastructure and the physical character of Hagerstown for a 20-vear per;od Major focus areas of the plan include growth and annexation wastewater and water resources, revjtalization of existing land, revitalization
of downtown transportat;on housing and neighborhood revitalization and env;ronmental
resources The pian meets the l egal regujrements for local government planning in Maryland
pursuant to state enabling legislation and reaujrements contained ;n the Land use Article in the
Annotated Code of Maryland. This includes the reaujrements for a Water Resources Element
and a Munjcjpal Growth Element which provide anaivses of projected growth in and around the cjtv and the a vailable public wat er and wastewater capacity to serve development jn and
around the cjtv.
The Growth Management and Land Use Element of the Cjtv's comprehensive plan sets forth the policies to guide future residential and non-residential development annexation and
redevelopment of vacant and underutjljzed areas in the City of Ha gerstown Thjs element
contains the future land use plan for the cjtv and its growth area which includes 1 o different land use poljcv classjficatjons. These land use class jfications are implemented through the City's Land Manage ment Code and a comprehensive rezon;na process for the c;tv foUowjna
plan adoptjon. The goals of this element of the plan are to·
1. Channel future growth in a wav that strengthens the C;tv's role as the provider o f urbanservices to the Hagerstown Urban Growth Area and as t he economic cultural and
institutional center of Washington County:
2. Enlarge the cjtv's corporate boundaries in order to become a stronger citv increase
economic development deliver urban ser vices in an efficient manner. and promotefiscal stability·
3.Phvsjcallv integrate the prop osed growth area with existing developed a reas of the ci ty:
4. Re-use and revitalize vacant and underutilized land to support economic developmentand neig hborho od enhancement goals;
5. Re-aljgn the Medium Range Growth Area <MRGA) to include areas where growth ;smore likely to occur and to de-emphasjze areas where growth is not HkeJy to happenwithin the 20 year life of the plan.
)
•------i Formatted: Centered
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan {2009)
August 12, 2019
As required by State law for municipalities the City's comprehensive plan d efines a growth
boundarv arppnd the ci\y which is Prioritized for grqwtb based on the ahj!jty to provide
�
2
City of Hagerstown Request for Amendment Washington County Water & Sewerage Plan (2009}August 12, 2019
wa ter and wastewater to serve new development. The plan identifies the City of Hagerstown as the number one priori ty for service to ensure redevelopm ent and infill development in the
city has sufficient utility ca pacity available to serve ne w customers. The pr ovisio n of City water
seryice outside the corporate limits of the cjty ;s cont;ngent uoon location in the City's growth area unless an exceot;on is granted for outside that area and upon annexation or granting of a l2re:
annexation agreement on the orooerty as requi red by the City's Annexation Policy. The �
comorehens;ye ciao io 200a established a two-tjer growth area • a Medjum Ranae Growth Area CMRGAI and a Long Range Growth Area ILRG AI. visionHaqerstown 2035 re-estab lish ed this growth Uer system and made some adjustments to the MRGA boundary based pn current arn1 lY!h
demands
The MRGA and the cjty a re the cuv·s planned area of seryjce for ;ts water and wastewater resources for the 20 year life of the plan The analys;s of a row th and available caoacitv to serve
growth in the Piao has determined that there ;s adequate capacjty to meet the projected g rowth demands io the city and the M RGA for the 20 year life of the plan. There is not sufficient capacity currently tor full build out of the MRGA however The boundaries of the LRGA mirro r the County's 2002 Urban G rowth Area bou ndar y Because of these capacity
limitations cuy water and wastewater service is not planned for the area between the MRGA and LRGA boundar;es before 2035 unJess an except;on ;s oroyjded by the City Utilities Pi rector or the Mayor and City Council through the City's water and wastewater Policy Any c;ty water
Jines located outside the LRGA are considered restricted and new servjce stwn may not be permitted. except for health and saf ety reasons.
The City developed a water and wastewater Policy In 2001 to address those except;ons which the c;ty Vt;Jities rnrector and the Mayor and City council may consider for service requests outsjde the growth area subsequent amendments t;ed this policy to the MRGA and added addjtjonal exceptjons consistent wjth comprehensive clan goals The oolicv ;molements the City's comprehensive plan d irection that serv;ce outside the MRGA may be con sidered for
employment centers in support of City and County economic develop ment and other goals and
policies in the City plan. The Cjty·s Water and Wastewater Polley acknowledges that water commitments may have been made oreviousJy outside the MRGA and those commitments will be honored. Ia addition existing lots of record for resjdential development whjch were platted along streets contaioina oublic water or wastewater lines before the adoot;on o f this ooljcy have the legitimate exoectatjon of eventual service and so reauests for water for sjnaJe -family and two-family homes in this circumstance wm be hono red through an exemption in this policy.
The policy also orovjdes conditions for certain exceptions for p ublic health and safety reasons, such as 11 a property wjth a failing or condemned well or seot;c system and 21 exjsting or proposed lots for s;nale-familv and two-family development along streets conta;n;na water or wastewater lines ia the GWVDI area near Hagerstown where the HeaUh Department wilf-flelaea@Y&:flew-wens has indicated concer n for issuing pe rmits for new wells. /GWUDI is an
)
acr onym which stands for oroundwater under the direct influence of surface water and indicates ···········-·····i Formatted: Font: Italic pote ntial for contamination of groundwater by surface water The policy sets a cap on the �----------------
num ber of lots that may be approyed for the GWUDI exception oer year. Other possible
2
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009}
August 12, 2019
exceptions are for svstem improvements affordable
3
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009)
August 12, 2019
housing deyejopments facjHt;es for an essent;al public seryjce and yital economic devel opment projects in targeted areas for industrial and non-retail economic deveiopm ot.
The entirety of the City's Comprehensjye Pian Water and Wastewat er Policy, and Annexation
PoJicy may be vjewed on the Planning and zonjna page of the City web site al
www haaerstownmd ora
Chapter 3, Existing and Planned Water Supply Systems
P.Service Area Requirements
1. Urban and Town Grow th AreaService Areas
Please add a new paragraph at the end of this section on 111-31:
T he Cjty of Hagerstown's Comprehensive Plan established a two t;ered
growth area around the city Medium Ranae Growth Area and Lona
Ranae Growth Area Areas within the MRGA are planned for
seryjce Areas outside the MRGA are not planned for City water or
wastewater seryjce before 2035 unless an exemption is granted by the
Mayor and Cjly Council through the City's Water & Wastewater Policy.
3.Restricted Service Areas
Please Insert at the end of the sentence in the first paragraph on 111-32:
The use of the facilities within these service areas is limited to the
following conditions. proyjded the seryjce reauest is consistent with the
policjes and plans of the ser vice pr oyider:
P lease add a footnote at the end of the ab ove modified sentence on 111-32:
Any exjstjna or future Cjty of Hagerstown water lines extending outside
the Hagerstown LRGA shall be considered restricted and no additionalconnections wm be permitted. except for health and safety reasons as
o utlined io the Cjty of Hagersto wn Water & Wastewater PoJjcy Requests
for seryjces in this circumstance shall be reyjewed on a case-by-case
basis by the City for compliance wjth the Cjly Water & Wastewater Policy
)
3
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009}
August 12, 2019
Q.Priority Classification Requirements
1.W-1 Priority (Existing Service or Under Construction)
Please modify 'footnote 12' to sub-section 'a' on 111-33:
The adequacy or availability of community water service to a particular
parcel of land is a judgment which must be made in each case through
consultation among the responsible agencies, including the service
�. and cannot be made on the basis of this Plan alone. The Cjtv o f
Haaerstown's comprehensive Piao established a two tiered growth area
around the cjty. Medium Range Growth Area and Lon g Range Growth
Area Areas withjn the MRGA are pl anned for service Areas outside the
MRGA are not planned for City water or wa stewater servjce before 2035.
unless an exemption is granted bv the Mayor and Ci ty Council through
the c;tv"s Water & Wastewater Policv.
Please modify sub-section "b' on 111-33:
Extensions of existing community water systems shall be permitted and
encouraged, provjded the seryjce reg yest js consistent wjth the policies
and plans of the service provider
2. W-3 Priority (Programmed Service)
Please modify sub-section 'b' on 111-34:
Extensions of existing community water systems shall be permitted and
encouraged, provi ded the service request js consistent with the poHcjes
and plans of the service proyjder.
R.Water Service Priority Area Maps
Please add a new paragraph three on 111-35:
The City of Hagerst o wn' s Comprehensive Plan established a two tiered growth
area around the city Medi um Range Growth Area and Long Range Growth Area.
Are as within the MRGA are planned for servjce Areas outsjde the MRGA are not
planned for Cjtv water or wast ewater service before 2035 unless an exemption
is granted by the Mayor and City Council through the City's Water & Wastewater
4
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009)
August 12, 2019
Policy The City's growth area map and service poljcy may be vjewed on the
Cjty's web site: www hagerst ow nmd.org .
Chapter 4, Existing and Planned Wastewater Systems
D.City of Hagerstown
Please modify the second to last sentence of the first paragraph on IV-12-13:
Cjty wastewater coUectjon and treatment service is also provided to industrial,
commercial, residential and institutional customers in certain areas within 1!:ig
Consolidated General Seryjce Agreement a rea of Washington County.
Please add a new paragraph two on IV-13:
The City of Hager stown's Comprehensive Plan established a two tiered growth
area around the cjty Medjum Range Growth Area and Long Range Growth Area
Areas wjthjn the MRGA are planned for service. Areas outside the MRGA are not
planned for Cjty water or wastewater seryjce before 2035 unless an exemption
is granted by the Mayor and City Council through the City"s Water & wastewater
Policy.
S. Service Area Requirements
1.Urban and Town Growth Area ServiceAreas
Please add a new paragraph at the end of this section on IV-40 :
The City of Hagerstown· s Comorehensjye Plan established a two tiered
growth area around the city Medium Range Growth Area and Long
Range Growth Area Areas within the MRGA a re planned for
service. Areas outside the MRGA are not planned for City water or
wastewat er service before 2035 unless an exem ption is granted by the
May or and City Council through the City's Water & Wastewate r Policy .
3. Restricted Use Service Areas
Please Insert at the end of the sentence in the first paragraph on IV-41:
5
)
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009)
August 12, 2019
The use of the facilities within these service areas is limited to the
following conditions, provided the service request is consistent with the
policies and plans of the service pritvid L
Please add a footnote at the end of the above modified sentence on IV-41:
Any existing or future City of Hagerstown water or wastewater lines
extending outside the Hagerstown LRGA shall be considered restricted
and no additional connections will be permitted. except for health and
safety reasons as outlined in the City of Hagerstown Water &
Wastewater Policy. Requests for services in this circumstance shall be
reviewed on a case-by-case basis by the City for compliance with the City
Water & Wastewater PoliC::Y·
T.Priority Classification Requirements
1. S-1 Priority (Existing Service or Under Construction)
Please modify 'footnote 17· to sub-section ·a· on IV-42:
The adequacy or availability of community sewerage service to a
particular parcel of land is a judgment which must be made in each case
through consultation among the responsible agencies, including the
service provider, and cannot be made on the basis of this Plan alone. The
City of Haqerstown·s Comprehensive Plan established a two tiered
growth area around the city Medium Range Growth Area and Long
Range Growth Area. Areas within the MRGA are planned for
service. Areas outside the MRGA are not planned for City water or
wastewater service before 2035 unless an exemption is granted by the
Mayor and City Council through the City's Water & Wastewater Policy.
Please modify sub-section 'b' on IV-42:
Extensions of existing community water systems shall be permitted and
encouraged, provided the service request is consistent with the policies
and plans of the service provider.
2. S-3 Priority (Programmed Service)
Please modify sub-section 'b' on IV-43:
6
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan {2009)
August 12, 2019
Extensions of existing community water systems shall be permitted and
encouraged. provided the service request is consistent with the policies
and plans of the service provider.
U.Sewerage Service Priority Area Maps
Please add a new paragraph three on IV-44:
The City of Haqerstown's Comprehensive Plan established a two tiered growth
area around the city Medium Range Growth Area and Long Range Growth Area.
Areas within the MRGA are planned for service. Areas outside the MRGA are not
planned for City water or wastewater service before 2035 unless an exemption
is granted by the Mayor and City Council through the City's Water & Wastewater
Policy. The City's growth area map and service policy may be viewed on the
City's web site: www hagerst ow nm d.or g.
I
Washington County FOR PLANNING COMMISSION USE ONLY
Rezoning No. vJ S-I G\ ·OU 3
Date Filed: g·-dg -IOj
WASHINGTON COUNTY PLANNING COMMISSION
ORDINANCE TEXT AMENDMENT APPLICATION
City of Hagerstown
Applicant
1 E. Franklin Stre et, Hagerstown, MD 21740
Address
Scott Nicewarner , City Administrator
Primary Contact
City Hall, 1 E. Franklin Street, Hagerstown, MD
Address
o Adequate Public Facilities Ordinance
o Forest Conservation Ordinance
o Subdivision Ord inance
o Solid Waste Pl an
Sect ion No. Revisions to Chapters 2, 3 and 4
□Property Owner □Contract Purchaser
□Attorney □Consultant
�Other: Municipal W&S Service Provider
(301)739-8577, ext. 112
Phone Number
snicew arner@hagerstownmd.org
E-mail Address
� Water and Sewer Plan
o Zoning Ordinance
o Other ------------
Please provide the proposed text on a separate sheet of paper as follows: strike-through
should be used for deletions [deletions], unchanged wording in regular type, and new wording
should be underlined [new wording].
Applicant's Signature
Subscr ibed and sworn before me this l't#, day of Aiol<if , 20 I 4 __ .
My commission expires on l>ea ,.,1,,,,---f ;/o;/ ;/ J/tu.,,. � -�
tary P blic
FOR PLANNING COMMISSION USE ONLY
o Application Form o Proposed Text Changes
o Fee Worksheet o 30 copies of comp lete Application
o Application Fee
EXHIBIT
I It
)
CITY OF HAGERSTO�TN, lVIARYLAND
Planning and Code Administration Department
RECEIVED
Steve Goodrich
Planning Director
Washington County
August 14, 2019 AUG � 1 2019
WASHINGTON COUNTY
PLANNING DEPARTMENT
100 W. Washington Street
Hagerstown, MD 21740
Dear Mr. Goodrich:
RE: Amendment Request
2009 County Water & Sewer Plan
Attached is an application from the City of Hagerstown for a request to amend Washington
County's 2009 Water and Sewer Plan. At this time, we are not proposing any revisions to the
technical data or capital improvement plans related to the City's water and wastewater
systems. Any amendments related to that data will come following completion of our
upcoming Master Plan project for our water and wastewater utilities. This current amendment
request is strictly related to the growth and utility planning in the City's 2018 Comprehensive
Plan Update, which municipalities are required to include per State law.
If you have any questions about this request, please do not hesitate to contact me. I can be
reached directly at (301) 739-8577, ext. 140, or kmaher@hagerstownmd.org.
c:
Sincerely,
Kathleen A. Maher, AICP
Director, Planning & Code Administration Department
Mayor and City Council
Scott Nicewarner, City Administrator
Rob Slocum, County Administrator
Hagerstown Planning Commission
Nancy Hausrath, City Utilities Director
Dan DiVito, County Division of Environmental Management
Jill Thompson, Director of DCED
Susan Small, County Department of Business Development
I EXHIBIT
One East Franklin Street I Room 300 I Hagerstown, Maryland 217 40-4987
301.739.8577, Ext.138 or 103
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009)
August 12, 2019
Chapter 2, Background Information
C.Land Use & Growth Management Strategy
Please add a new subsection for 'Land Use & Growth Management Strategy of the City of
Hagerstown' on 11-38:
visionHaqerstown 2035 is the City of Hagerstown's comprehensive plan and it sets the policies
and recommended actions to guide future development, infrastructure, and the physical
character of Hagerstown for a 20-year period. Major focus areas of the plan include growth
and annexation, wastewater and water resources, revitalization of existing land, revitalization
of downtown, transportation, housing and neighborhood revitalization, and environmental
resources. The plan meets the legal requirements for local government planning in Maryland
pursuant to State enabling legislation and requirements contained in the Land Use Article in the
Annotated Code of Maryland. This includes the requirements for a Water Resources Element
and a Municipal Growth Element, which provide analyses of projected growth in and around
the city and the available public water and wastewater capacity to serve development in and
around the city.
The Growth Management and Land Use Element of the City's comprehensive plan sets forth the
policies to guide future residential and non-residential development, annexation, and
redevelopment of vacant and underutilized areas. This element contains the future land use
plan for the city and its growth area, which includes 10 different land use policy classifications.
These land use classifications are implemented through the City's Land Management Code and
a comprehensive rezoning process for the city following plan adoption. The goals of this
element of the plan are to:
1. Channel future growth in a way that strengthens the City's role as the provider of urban
services to the Hagerstown Urban Growth Area, and as the economic, cultural, and
institutional center of Washington County;
2.Enlarge the city's corporate boundaries in order to become a stronger city, increase
economic development, deliver urban services in an efficient manner, and promote
fiscal stability;
3.Physically integrate the proposed growth area with existing developed areas of the city;
4.Re-use and revitalize vacant and underutilized land, to support economic development
and neighborhood enhancement goals;
5.Re-align the Medium Range Growth Area (MRGA) to include areas where growth is
more likely to occur and to de-emphasize areas where growth is not likely to happen
within the 20 year life of the plan.
As required by State law for municipalities, the City's comprehensive plan defines a growth
boundary around the city which is prioritized for growth based on the ability to provide public
EXHIBIT w 1
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009}
August 12, 2019
water and wastewater to serve new development. The plan identifies the City of Hagerstown
as the number one priority for service to ensure redevelopment and infill development in the
city has sufficient utility capacity available to serve new customers. The provision of City water
service outside the corporate limits of the city is contingent upon location in the City's growth
area, unless an exception is granted for outside that area, and upon annexation or granting of a
pre-annexation agreement on the property, as required by the City's Annexation Policy. The
City's comprehensive plan in 2008 established a two-tier growth area -a Medium Range
Growth Area (MRGA) and a Long Range Growth Area (LRGA). visionHaqerstown 2035 re
established this growth tier system and made some adjustments to the MRGA boundary based
on current growth demands.
The MRGA and the city are the City's planned area of service for its water and wastewater
resources for the 20 year life of the plan. The analysis of growth and available capacity to serve
growth in the plan has determined that there is adequate capacity to meet the projected
growth demands in the city and the MRGA for the 20 year life of the plan. There is not
sufficient capacity currently for full build out of the MRGA, however. The boundaries of the
LRGA mirror the County's 2002 Urban Growth Area boundary. Because of these capacity
limitations, City water and wastewater service is not planned for the area between the MRGA
and LRGA boundaries before 2035, unless an exception is provided by the City Utilities Director
or the Mayor and City Council through the City's Water and Wastewater Policv. Any City water
lines located outside the LRGA are considered restricted and new service shall not be
permitted, except for health and safety reasons.
The City developed a Water and Wastewater Policy in 2004 to address those exceptions which
the City Utilities Director and the Mayor and City Council may consider for service requests
outside the growth area. Subsequent amendments tied this policy to the MRGA and added
additional exceptions consistent with comprehensive plan goals. The policy implements the
City's comprehensive plan direction that service outside the MRGA may be considered for
employment centers in support of City and County economic development and other goals and
policies in the City plan. The City's Water and Wastewater Policy acknowledges that water
commitments may have been made previously outside the MRGA and those commitments will
be honored. In addition, existing lots of record for residential development which were platted
along streets containing public water or wastewater lines before the adoption of this policy
have the legitimate expectation of eventual service, and so requests for water for single-family
and two-family homes in this circumstance will be honored through an exemption in this policy.
The policy also provides conditions for certain exceptions for public health and safety reasons,
such as 1) a property with a failing or condemned well or septic system, and 2) existing or
proposed lots for single-family and two-family development along streets containing water or
wastewater lines in the GWUDI area near Hagerstown where the Health Department will not
approve new wells. The policy sets a cap on the number of lots that may be approved for the
GWUDI exception per year. Other possible exceptions are for system improvements, affordable
2
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan {2009}
August 12, 2019
housing developments, facilities for an essential public service, and vital economic
development projects in targeted areas for industrial and non-retail economic development.
The entirety of the City's Comprehensive Plan, Water and Wastewater Policy, and Annexation
Policy may be viewed on the Planning and Zoning page of the City web site at
www.hagerstownmd.org.
Chapter 3, Existing and Planned Water Supply Systems
P.Service Area Requirements
1.Urban and Town Growth Area Service Areas
Please add a new paragraph at the end of this section on 111-31:
The City of Hagerstown's Comprehensive Plan established a two tiered
growth area around the city, Medium Range Growth Area and Long
Range Growth Area. Areas within the MRGA are planned for
service. Areas outside the MRGA are not planned for City water or
wastewater service before 2035, unless an exemption is granted by the
Mayor and City Council through the City's Water & Wastewater Policy.
3.Restricted Service Areas
Please insert at the end of the sentence in the first paragraph on 111-32:
The use of the facilities within these service areas is limited to the
following conditions, provided the service request is consistent with the
policies and plans of the service provider:
Please add a footnote at the end of the above modified sentence on 111-32:
Any existing or future City water lines extending outside the LRGA shall
be considered restricted and no additional connections will be permitted,
except for health and safety reasons as outlined in the City Water &
Wastewater Policy. Requests for services in this circumstance shall be
reviewed on a case-by-case basis by the City for compliance with the City
Water & Wastewater Policy.
3
' City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009}
August 12, 2019
Q.Priority Classification Requirements
1.W-1 Priority (Existing Service or Under Construction)
Please modify 'footnote 12' to sub-section 'a' on 111-33:
The adequacy or availability of community water service to a particular
parcel of land is a judgment which must be made in each case through
consultation among the responsible agencies, including the service
provider, and cannot be made on the basis of this Plan alone. The City of
Hagerstown's Comprehensive Plan established a two tiered growth area
around the city, Medium Range Growth Area and Long Range Growth
Area. Areas within the MRGA are planned for service. Areas outside the
MRGA are not planned for City water or wastewater service before 2035,
unless an exemption is granted by the Mayor and City Council through
the City's Water & Wastewater Policy.
Please modify sub-section 'b' on 111-33:
Extensions of existing community water systems shall be permitted and
encouraged, provided the service request is consistent with the policies
and plans of the service provider.
2.W-3 Priority (Programmed Service)
Please modify sub-section 'b' on 111-34:
Extensions of existing community water systems shall be permitted and
encouraged, provided the service request is consistent with the policies
and plans of the service provider.
R.Water Service Priority Area Maps
Please add a new paragraph three on 111-35:
The City of Hagerstown's Comprehensive Plan established a two tiered growth
area around the city, Medium Range Growth Area and Long Range Growth Area.
Areas within the MRGA are planned for service. Areas outside the MRGA are not
planned for City water or wastewater service before 2035, unless an exemption
is granted by the Mayor and City Council through the City's Water & Wastewater
4
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009)
August 12, 2019
Policy. The City's growth area map and service policy may be viewed on the
City's web site: www.hagerstownmd.org.
Chapter 4, Existing and Planned Wastewater Systems
D.City of Hagerstown
Please modify the second to last sentence of the first paragraph on IV-12-13:
City wastewater collection and treatment service is also provided to industrial,
commercial, residential and institutional customers in certain areas within the
Consolidated General Service Agreement area of Washington County.
Please add a new paragraph two on IV-13:
The City of Hagerstown's Comprehensive Plan established a two tiered growth
area around the city, Medium Range Growth Area and Long Range Growth Area.
Areas within the MRGA are planned for service. Areas outside the MRGA are not
planned for City water or wastewater service before 2035, unless an exemption
is granted by the Mayor and City Council through the City's Water & Wastewater
Policy.
S.Service Area Requirements
1.Urban and Town Growth Area Service Areas
Please add a new paragraph at the end of this section on IV-40:
The City of Hagerstown's Comprehensive Plan established a two tiered
growth area around the city, Medium Range Growth Area and Long
Range Growth Area. Areas within the MRGA are planned for
service. Areas outside the MRGA are not planned for City water or
wastewater service before 2035, unless an exemption is granted by the
Mayor and City Council through the City's Water & Wastewater Policy.
3.Restricted Use Service Areas
Please insert at the end of the sentence in the first paragraph on IV-41:
5
City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009)
August 12, 2019
The use of the facilities within these service areas is limited to the
following conditions, provided the service request is consistent with the
policies and plans of the service provider:
Please add a footnote at the end of the above modified sentence on IV-41:
Any existing or future City water lines extending outside the LRGA shall
be considered restricted and no additional connections will be permitted,
except for health and safety reasons as outlined in the City Water &
Wastewater Policy. Requests for services in this circumstance shall be
reviewed on a case-by-case basis by the City for compliance with the City
Water & Wastewater Policy.
T.Priority Classification Requirements
1.5-1 Priority (Existing Service or Under Construction)
Please modify 'footnote 17' to sub-section 'a' on IV-42:
The adequacy or availability of community sewerage service to a
particular parcel of land is a judgment which must be made in each case
through consultation among the responsible agencies, including the
service provider, and cannot be made on the basis of this Plan alone. The
City of Hagerstown's Comprehensive Plan established a two tiered
growth area around the city, Medium Range Growth Area and Long
Range Growth Area. Areas within the MRGA are planned for
service. Areas outside the MRGA are not planned for City water or
wastewater service before 2035, unless an exemption is granted by the
Mayor and City Council through the City's Water & Wastewater Policy.
Please modify sub-section 'b' on IV-42:
Extensions of existing community water systems shall be permitted and
encouraged, provided the service request is consistent with the policies
and plans of the service provider.
2.5-3 Priority (Programmed Service)
Please modify sub-section 'b' on IV-43:
6
I City of Hagerstown Request for Amendment
Washington County Water & Sewerage Plan (2009}
August 12, 2019
Extensions of existing community water systems shall be permitted and
encouraged, provided the service request is consistent with the policies
and plans of the service provider.
U.Sewerage Service Priority Area Maps
Please add a new paragraph three on IV-44:
The City of Hagerstown's Comprehensive Plan established a two tiered growth
area around the city, Medium Range Growth Area and Long Range Growth Area.
Areas within the MRGA are planned for service. Areas outside the MRGA are not
planned for City water or wastewater service before 2035, unless an exemption
is granted by the Mayor and City Council through the City's Water & Wastewater
Policy. The City's growth area map and service policy may be viewed on the
City's web site: www.hagerstownmd.org.
7
Goodrich, Stephen
From:
Sent:
michael.pindell@maryland.gov on behalf of wchd eh -MDH-<wchd.eh@maryland.gov>
Thursday, September 19, 2019 1 :33 PM
To: Goodrich, Stephen
Subject:
Attachments:
Fwd: Comments on proposed amendment to Water and Sewerage Plan
WCHD Comments.docx
[EXTERNAL SENDER]
Good afternoon,
The Washington County Health Department would like to present the following comments for your review (see
attachment). Thank you in advance for your kind consideration.
And, thank you for the opportunity to offer com ments.
Washington County Health Department
Environmental Health
1302 Pennsylvania Avenue 2nd floor
Hagerstown MD 21742
240-313-3400 -Phone
240-313-3424 -Fax
washcohealth.org
facebook.com/WashHealth
NOTICE: This message and the accompanying documents are intended only for the use of the individual or entity to
which they are addressed and may contain information that is privileged, or exempt from disclosure under applicable law. If the reader of this email is not the intended recipient, you are hereby notified that you are strictly prohibited from reading,
disseminating, distributing, or copying this communication. If you have received this email in error, please notify the sender immediately and destroy the original transmission.
1
The Washington County Health Department would like to submit the following comments:
Under Chapter 2, Background Information, Section C:
Major focus areas of the plan should also include areas for smart growth with health department input
concerning public health problem areas.
The actual available water and wastewater capacity needs to be determined prior to projected growth.
Regarding "3. Physically integrate the proposed growth area with existing developed areas in the city,"
more elaboration is needed. Also, before allowing new growth, ensure existing areas are provided with
water and wastewater as required by COMAR (islands).
Regarding number 5, when re-aligning Medium Range Growth Areas, with health department input, we
can also solve certain public health issues if looked at jointly.
Growth boundaries should also prioritize service to existing development. Also, in addition to new
customers, what about properties within city limits already which are not served.
Does the adequate capacity for projected growth include "islands?" Can the system handle new
projected growth and also connect existing properties within the city limits or existing MRGA?
Existing lots of record for residential development should specify existing lots but not existing dwellings.
Regarding the policy providing exceptions, number 1 concerning failing or condemned wells and septics
should be reworded. Number 2, regarding GWUDI area, should instead describe designated sensitive
areas by the Washington County Health Department-areas where water quality issues make it difficult
to gain approval for a private water supply. The sentence "The policy sets a cap on the number of
lots ... " should be removed.
Under Chapter 3, Existing and Planned Water Supply Systems, Section P:
Under added paragraph for number 1: Why not focus on ensuring everything within MRGA be served by
public water and sewer first? Include upgrades/extensions of existing service lines.
Under added footnote for number 3: Our input was not considered for this. Language should be
modified for #9, 3, 1.
Under Section Q:
Under modified footnote for number 1: Are areas within the MRGA actually planned for service? Also, if
areas outside MRGA are not planned for City water or wastewater service before 2035, then these areas
should not be W-1.
Under Section R:
Regarding added paragraph, what about extensions of existing lines? Islands?
Under Chapter 4, Existing and Planned Wastewater Systems, Section S:
Regarding added footnote to number 3, it should be looked into how the City could serve more long
term goals with health department input instead of restricting.
Under Section T:
Regarding modified footnote under number 1, if areas outside the MRGA are not planned for City water
or wastewater services before 2035, then these areas should not be S-1.
These minutes have been approved but have not be signed by the Chairman.
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING AND
PUBLIC INFORMATION MEETING
October 7, 2019
The Washington County Planning Commission held a public information meeting and its regular monthly
meeting on Monday, October 7, 2019 at 7:00 p.m. at the Washington County Administration Building, 100
W.Washington Street, Room 2000, Hagerstown, MD.
Commission members present at the meeting were: Clint Wiley, Denny Reeder, David Kline, BJ Goetz,
Jeremiah Weddle and Ex-officio County Commissioner Randall Wagner. Staff members present were:
Washington County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy
Director; Travis Allen, Comprehensive Planner; and Debra Eckard, Administrative Assistant; Washington
County Department of Plan Review & Permitting: Rebecca Calimer, Chief of Plan Review; and Lisa Kelly,
Senior Planner.
CALL TO ORDER
The Chairman called the public information meeting to order at 7:00 p.m.
PUBLIC INFORMATION MEETING
WS-19-003 – City of Hagerstown
Staff Presentation
Mr. Goodrich presented a proposed amendment to the Washington County Water and Sewerage Plan
submitted by the City of Hagerstown. The requested amendment seeks to include additional language in
the County’s Water and Sewerage Plan to describe the City of Hagerstown’s long-term growth
management plans and service policies as established by its most recent update of the City’s
Comprehensive Plan [“Vision of Hagerstown 2035”]. Mr. Goodrich explained that in Chapter 2.C entitled
“Land Use and Growth Management Strategy”, there is a proposal to add a detailed description of the
City of Hagerstown’s Land Use and Growth Management Strategy. That strategy is a long-term plan to
provide public water and sewer service inside the Medium Growth Range Area (MGRA) and not in the
area between the MRGA and the long-range growth area which is equivalent to the County’s Urban
Growth Area. The City’s MRGA is based on an analysis of existing land use, vacant land, population
projections, and capacities of its water and sewer systems. In Chapters 3 and 4, the City has requested
additions of the restated policy as explained in detail in Chapter 2. There is also language to strengthen
the City’s ultimate authority to allow or not allow connections to its system by adding the following
language, “provided the service request is consistent with the policies and plans of the service provider”.
That applies not only to the City of Hagerstown but also to any other service providers.
Mr. Goodrich stated that the proposed amendment was sent to various agencies for review and comment
including the Washington County Health Department. Their comments were received and were provided
to the Planning Commission. A specific response was not given to the questions or suggestions of the
Health Department; those comments will be addressed in the County’s updated Comprehensive Plan and
the updated Water and Sewerage Plan.
Applicant’s Presentation
Ms. Kathy Maher, Director of Planning and Code Administration, and Ms. Nancy Hallsrath, Director of
Utilities, were present to represent the City of Hagerstown. Ms. Maher stated that this is the first step in
a multi-step process to communicate and work with the County to discuss growth and the ability to serve
the public with water and waste water services. She explained how the City determined its MRGA
boundary and what kind of growth might be expected in the next 20 years based on current zoning. The
City believes this boundary could be served by public water, which is provided by the City, and public
sewer which is provided by both the County and the City. Ms. Maher noted that although there are water
lines located outside the MRGA, it is not the City’s intent to serve those areas unless an exception is
granted by the City from the Water and Wastewater Policy.
The public information meeting concluded at 7:20 p.m.
These minutes have been approved but have not be signed by the Chairman.
MINUTES
Motion and Vote: Mr. Reeder made a motion to approve the minutes of the September 9, 2019 meeting
as presented. The motion was seconded by Mr. Kline and unanimously approved with Mr. Goetz
abstaining from the vote.
-OLD BUSINESS
RZ-19-003 – Downsville Pike Land LLC
Mr. Allen reminded Commission members that a map amendment request was presented at the
September 9, 2019 public information meeting for property located at 10656 and 10662 Downsville Pike.
The property consists of two parcels totaling 1.6 acres of land currently zoned RS (Residential Suburban).
The applicant is requesting a change in zoning to HI (Highway Interchange). During the public information
meeting, both the applicant and staff presented their interpretation of data analyzing population change,
traffic counts, site access, compatibility with other development in the neighborhood, relationship to the
Comprehensive Plan, and evidence of a change in the character of the neighborhood since the
comprehensive rezoning of 2012 or a mistake in the zoning designation assigned at that time. Public
comment was taken during the public meeting from neighboring property owners, all of whom were
opposed to the rezoning request. To date, six written comments and a petition with more than 230
signatures have been received in opposition to the request.
Discussion and Comments: Mr. Kline asked what Staff recommends. Mr. Allen stated that staff is opposed
to the request based on the limited time frame to prove change or mistake since 2012. Mr. Kline noted
that Potomac Edison [his employer] once owned a large portion of property from Rench Road to the I-70
interchange at Downsville Pike and Halfway Boulevard. Potomac Edison was instrumental in getting the
interchange in this location. He gave a brief overview of the vision that Potomac Edison had for this area,
including the Friendship Technology Park, more than 25 years ago. Ms. Baker stated that during the
comprehensive review of the interchanges in the 1990’s, this particular interchange was discussed and at
that time, the subject parcels were zoned for agriculture due to their proximity to the Marty Snook Park
and the existing residential area. In 2012, the agricultural zone was eliminated in the UGA; therefore,
these parcels were given a residential designation because there were houses on the site. Ms. Baker noted
that during the comprehensive rezoning, no comments were received from property owners requesting
a different designation. She also noted that during the 2012 rezoning, staff considered the areas across
the Downsville Pike at the interchange and further down the Downsville Pike. Those areas were
specifically designated for commercial uses because it was consistent with the County’s adopted
Comprehensive Plan.
Mr. Kline expressed his opinion that the neighborhood has not significantly changed since the 2012
comprehensive rezoning. He noted that during the public meeting there were two recurring points of
discussion. One was for pedestrians crossing at this intersection, which he believes is an invalid point
because this is a major intersection and it is not a pedestrian-friendly area. The second point of discussion
was traffic-related issues. This he believes is a valid objection due to the volume of traffic in the area and
safety concerns during ingress and egress from this particular site.
Mr. Reeder and Mr. Weddle concurred with Mr. Kline’s comments.
Mr. Goetz stated that this site would be challenging for residential use.
Motion and Vote: Mr. Kline made a motion to recommend [to the Board of County Commissioners] denial
of this request because there has not been a substantial change in the character of the neighborhood nor
was a mistake made during the 2012 comprehensive rezoning. The motion was seconded by Mr. Reeder
and unanimously approved with Commissioner Wagner abstaining from the vote.
RZ-19-004 – JPK Properties LLC
Ms. Baker reminded Commission members that a map amendment request was presented at the
September 9, 2019 public information meeting to apply the Rural Business floating zone on property
located at 18423 Breathedsville Road. The property is currently zoned A(R) – Agricultural Rural. The
proposed use for the site would be for a contractor’s storage yard. To date, one public comment has been
received opposing the request.
Discussion and Comment: Mr. Kline stated he has no opposition to this request. Mr. Reeder concurred.
These minutes have been approved but have not be signed by the Chairman.
Motion and Vote: Mr. Reeder made a motion to recommend [to the Board of County Commissioners]
approval of this request. The motion was seconded by Mr. Goetz and unanimously approved with
Commissioner Wagner abstaining from the vote.
-NEW BUSINESS
SITE PLANS
Mountain View Animal Emergency [SP-19-021]
Ms. Kelly presented for review and approval a site plan for Mountain View Animal Emergency located
along the west side of Crayton Boulevard, north of Maugans Avenue. The property is currently zoned HI –
Highway Interchange. The owners are proposing to construct a 16,330 square foot animal hospital on 3.35
acres. Three future additions are also proposed that would total 7,600 square feet of building space; the
building height will be 30 feet. There will be a small fenced yard to the rear of the building and a loading
area will be on the east side. There will be one main access into the site from Crayton Boulevard. The
hospital will be open 24 hours per day, 7 days per week. A total of 80 parking spaces are required; 98
parking spaces will be provided. Public water and public sewer will serve the site. Deliveries will be made
by box truck daily. Solid waste/recycling will be collected inside. Lighting will be pole mounted and building
mounted. Signage will be building mounted. Landscaping will be installed around the building and in the
parking islands. Forestation requirements will be met by paying the payment in lieu in the amount of
$6,664.68. All agency approvals have been received.
Motion and Vote: Mr. Goetz made a motion to approve the site plan as presented. The motion was
seconded by Mr. Weddle and unanimously approved.
Thomas Bennett Hunter Inc. [SP-19-016]
Ms. Kelly presented for review and approval a site plan for Thomas Bennett Hunter, Inc. for property
located along the south side of Hopewell Road. The property is currently zoned IG (Industrial General).
The developers are proposing to construct a ready mix cement plant on a 19.37 acre parcel. Plans also
include the construction of a 1,200 square foot office and a 6,000 square foot shop, a back-up portable
plant and outdoor stockpiles. The Board of Zoning Appeals granted a special exception in August 2018 to
allow for the establishment of the cement plant. The hours of operation will be Monday thru Friday, 6 am
to 6 pm and Saturday from 6 am to noon. There will be 12 to 18 employees per day. Delivery/freight will
be 4 tractor trailers per day. Parking spaces required is 22 spaces and 23 spaces will be provided. Public
water and public sewer will serve the site. Lighting will be pole mounted throughout the parking area.
Landscaping will be provided around the building. Forest Conservation requirements have been met with
a previously approved plat in 2016 showing 3.85 acres of forest in a permanent easement. All agency
approvals have been received.
Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was
seconded by Mr. Weddle and unanimously approved.
Dollar General – Hagerstown[SP-19-024]
Ms. Kelly (on behalf of Ashley Holloway) presented for review and approval a site plan for Dollar General
Hagerstown located at 17213 Virginia Avenue. The developer is proposing to construct a 10,640 square
foot commercial retail building on the vacant site of a former fuel station. Two entrances are proposed,
one off of Virginia Avenue and one off of Bower Avenue. Hours of operation will be 8 am to 10 pm, 7 days
per week. There will be a maximum of 4 employees on the site at one time; 10 employees will be on the
payroll for this site. The Board of Zoning Appeals granted a variance for the reduction of parking from 54
spaces to 38 spaces. Public water from the City of Hagerstown and public sewer from Washington County
will serve the site. Truck deliveries will be made on the east side of the building. Lighting will be building
and pole mounted. Signage will be building mounted and a monument sign. Landscaping will be installed
around the building. Forestation requirements will be met via the payment in lieu.
Discussion: There was a brief discussion regarding proposed roadway improvements at the site. An
additional lane will be added to provide a right-turn lane and a separate left-turn lane off Bower Avenue.
Sidewalks will be added to Bower Avenue for pedestrian traffic.
Motion and Vote: Mr. Goetz made a motion to grant staff the authority to approve the site plan pending
all agency approvals and to approve the payment in lieu to meet Forest Conservation requirements. The
motion was seconded by Mr. Kline and unanimously approved.
These minutes have been approved but have not be signed by the Chairman.
FOREST CONSERVATION
Accounting for Local Forest Conservation Funds
Ms. Baker announced that during the last legislative session Senate Bill 234 was passed which states that
any County or entity that administers a Forest Conservation Ordinance must submit, to the Department
of Natural Resources (DNR), a detailed accounting procedure of its payment-in-lieu of funds. If a plan is
not submitted to DNR, the County would no longer be allowed to accept payment in lieu of funds. Ms.
Baker noted that since 1994 the County has collected approximately $2.4 million and expended $1.9
million resulting in 888.55 acres of new forest planted or existing forest protected.
OTHER BUSINESS
Update of Staff Approvals
Mr. Holloway was not present at the meeting; however, he provided a written update as follows: Land
Development Approvals –5 site plans; 3 preliminary plats; 2 storm water management concept plans, 2
subdivision replats, 2 storm water standard plan; 3 standard grading plans; and 2 site specific grading plan;
Permit Approvals – 14 grading permits, 28 entrance permits, 2 non-residential construction permit, 3 non-
residential addition-alteration permits; 1 floodplain permit; and 1 utility permits.
-ADJOURNMENT
Mr. Goetz made a motion to adjourn the meeting at 8:10 p.m. The motion was seconded by Mr. Kline and
so ordered by the Chairman.
-UPCOMING MEETINGS
1.Monday, November 4, 2019, 7:00 p.m., Washington County Planning Commission regular
meeting, Washington County Administration Building, 100 W. Washington Street, Room
2000, Hagerstown, MD 21740
Respectfully submitted,
Clint Wiley, Chairman
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING
November 4, 2019
The Washington County Planning Commission held its regular monthly meeting on Monday, November 4,
2019 at 7:00 p.m. at the Washington County Administration Building, 100 W. Washington Street, Room
2000, Hagerstown, MD.
Commission members present at the meeting were: Clint Wiley, Denny Reeder, Drew Bowen, David Kline,
BJ Goetz, and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington
County Department of Planning & Zoning: Stephen Goodrich, Director; Jill Baker, Deputy Director; and
Debra Eckard, Administrative Assistant; Washington County Department of Plan Review & Permitting:
Ashley Holloway, Director; Rebecca Calimer, Chief of Plan Review; and Lisa Kelly, Senior Planner.
CALL TO ORDER
The Chairman called the meeting to order at 7:00 p.m.
MINUTES
Motion and Vote: Mr. Reeder made a motion to approve the minutes of the October 7, 2019 meeting as
presented. The motion was seconded by Mr. Goetz and unanimously approved.
OLD BUSINESS
Recommendation - WS-19-003 – City of Hagerstown
Mr. Goodrich presented for recommendation a proposed text amendment to the Washington County
Water and Sewerage Plan submitted by the City of Hagerstown. He reminded Commission members that
a public information meeting was held on October 5th for the proposed amendment. Mr. Goodrich
distributed copies of the proposed text amendment with Staff’s recommendations for a few minor
changes. He briefly reviewed the proposed changes which would serve to further clarify certain language
and definitions.
Motion and Vote: Mr. Bowen made a motion to recommend to the Board of County Commissioners
approval of the proposed text including the recommended changes made by staff. The motion was
seconded by Mr. Kline and unanimously approved with Commissioner Wagner abstaining from the vote.
-NEW BUSINESS
MODIFICATIONS
Lot 5 – Valley Mall – Golden Corral [OM-19-006] and Lot 1 – Valley Mall – Olive Garden [OM-19-007]
Ms. Kelly presented for review and approval two modification requests for Lots 1 and 5 at the Valley Mall.
Two preliminary/final plats have been submitted to the Department of Plan Review & Permitting, one for
Golden Corral and one for Olive Garden. The request is for shared parking for these two establishments
because when subdividing these parcels, a portion of the parking for each site will remain on the Valley
Mall parcel. Therefore, these two sites would not meet the parking requirements set forth in the Zoning
Ordinance.
There will be 97 parking spaces on the Golden Corral site with 61 parking spaces on the adjacent parcel.
The parking for Olive Garden, with the exception of a few spaces in the front and to the side of the building
will be provided on the remaining lands of the Valley Mall.
Discussion and Comments: Mr. Steve Cvijanovich of Fox & Associates, Inc. and Ms. Julie Rohm of the
Valley Mall were present at the meeting. Mr. Cvijanovich stated that the Golden Corral site plan was
approved in July 2008. At that time, the site plan did not propose a subdivision; Golden Corral was built
on an outparcel of the Valley Mall. The Valley Mall is now proposing to subdivide a 1.67 acre lot for Golden
Corral. The purpose of the subdivision is to create a separate lot of record that could be offered for sale
to net lease investors. The proposed acreage would include 97 of the 158 required parking spaces. The
balance of needed parking spaces (61) would be provided for on the adjacent main mall lands. A
Declaration of Easement for Shared Access and Parking would be recorded in the Washington County Land
Records for both the Golden Corral and Olive Garden.
Mr. Kline expressed his concern about the shared parking agreement due to a similar agreement that was
approved for the Noodles and Starbucks businesses. He noted that when the site plan for those businesses
was approved, there were discussions about shared parking and walking across Valley Mall Road. The site
plan originally showed a fence in the island of Valley Mall Road and a crosswalk for pedestrians. At that
time, the Valley Mall requested the use of a hedge instead of a fence to stop people from crossing except
at the crosswalk. Mr. Kline noted that the hedge is too low to stop people from crossing. He believes the
Valley Mall did not meet the requirements set forth in the approval. Ms. Rohm stated that the plants were
the size required by the site plan; however, they have not grown as expected. Mr. Kline recommended
that the Valley Mall should correct this issue by installing a fence or planting larger vegetation for a hedge.
Mr. Cvijanovich explained that an overall parking analysis was done and there are more parking spaces
for the entire Valley Mall than are currently needed. He noted that the developer will be seeking a variance
from the Board of Zoning Appeals because the 5.0 per thousand of gross leasable area is an antiquated
regulation.
There was a brief discussion about the shared parking easement staying with the properties if they are
sold. Mr. Cvijanovich stated the easement would stay with the parcels.
Motion and Vote: Mr. Reeder made a motion to approve the shared parking request for Lot 5 – Golden
Corral contingent upon the easement remaining with the land and recorded in the land records of
Washington County. The motion was seconded by Mr. Goetz and unanimously approved.
Motion and Vote: Mr. Reeder made a motion to approve the shared parking request for Lot 1 – Olive
Garden contingent upon the easement remaining with the land and recorded in the land records of
Washington County. The motion was seconded by Mr. Bowen and unanimously approved.
Mr. Wiley requested that the Valley Mall address the issue of the hedge from the Noodles/Starbucks
parcel to the shared parking lot across Valley Mall Road due to safety concerns.
SITE PLANS
Holcim Solar Plant [SP-19-030]
Ms. Kelly presented for review and approval a site plan for a proposed solar energy generating system on
70 acres located along the north side of Jefferson Boulevard near Security Road. The property is currently
zoned AR (Agricultural, Rural) with an IM (Industrial Mineral) floating zone. The developer is proposing to
construct a system that will include arrays of panels approximately 10 feet in height arranged in rows 5 to
15 feet apart. The total number of modules is 35,775. Each array will be enclosed by a 6 foot fence. The
system will be screened with vegetation along the borders that are adjacent to residences. The system
will be unmanned and remotely monitored. Access to the site is by way of private lanes on Holcim
property. A special exception was approved by the Board of Zoning Appeals on October 6, 2017 to allow
for the placement of this solar plant. The total area of forest to be retained is above the breakeven point
and therefore no mitigation is required. All agency approvals have been received with the exception of
the Soil Conservation District.
Discussion and Comments: Commissioner Wagner noted that the plant will service Holcim only. Mr. Justin
Ficka, representing the owner of the solar project, stated the energy generated will be sold to the cement
plant to offset their energy usage under a 20 year contract. The system will have the ability to tie into the
grid; therefore, if the cement plant would ever close for any reason, the power could be exported to the
grid.
There was a brief discussion regarding the lines to collect the energy. Mr. Todd Dodson, consultant, stated
that everything within the solar array will be below ground. Overhead lines will be used across the
Antietam Creek in order to stay out of the floodplain. Lines will go underground at the CSX rail spur and
the physical tie-in with Potomac Edison will be above ground on Holcim property.
Motion and Vote: Mr. Kline made a motion to grant staff the authority to give final approval pending
receipt of approval from all reviewing agencies. The motion was seconded by Commissioner Wagner and
unanimously approved.
FOREST CONSERVATION
Ms. Baker reminded Commission members that during the October 7th meeting the Commission was
notified of new legislation [Senate Bill 234] which states that any County that administers a Forest
Conservation Ordinance must submit to DNR a detailed accounting procedure of its payment-in-lieu (PIL)
of funds. At that time it was noted that the County has approximately $500,000 in its PIL account. She
introduced Mr. Elmer Weibley of the Washington County Soil Conservation District.
Mr. Weibley briefly described several sites that were being considered for a Forest Conservation
Easement. These sites were evaluated and scored using a newly adopted ranking system; a written
summary was provided to the Commission. There were six properties to be considered; Mr. Weibley
recommended four of those properties to be approved for an easement as follows: William and Heidi
Bumpers, 17.7 acres; James Osen and Ann Aldrich, 22.5 acres; CR Semler LLC, 50.8 acres; and Gary and
Brenda Beachley (Shanktown Road) 30.7 acres.
Motion and Vote: Mr. Goetz made a motion to recommend to the Board of County Commissioners
approval of the four properties as described by Mr. Weibley for a Forest Conservation Easement. The
motion was seconded by Mr. Kline and unanimously approved with Commissioner Wagner abstaining
from the vote.
OTHER BUSINESS
Update of Staff Approvals
Mr. Holloway distributed a written report to Commission members and presented a summary as follows:
Land Development Approvals – 3 preliminary plats; 8 county storm water management concept plans, 7
inspection and maintenance agreements; 7 standard grading plans; 5 storm water standard plans; and 2
redline revisions.
Proposed Text Amendment Discussion
Mr. Holloway stated that currently AirBnB type lodging is not a permitted use in the County. He noted
that the AirBnb is for temporary, short-term lodging in a residential structure. He reviewed the terms and
definitions that are needed and the zoning districts where these types of uses would be permitted or
where a special exception would be needed. Mr. Holloway also explained the next steps needed to
proceed with a text amendment.
Discussion and Comments: There was a brief discussion regarding taxes and regulations in other juris-
dictions. Commission members expressed their opinions that this type of use should not be over
regulated. Ms. Baker noted that the amendment may address some noise concerns and parking issues.
-ADJOURNMENT
Mr. Kline made a motion to adjourn the meeting at 8:25 p.m. The motion was seconded by Mr. Goetz and
so ordered by the Chairman.
-UPCOMING MEETINGS
1.Monday, December 2, 2019, 7:00 p.m., Washington County Planning Commission public
information meeting and regular meeting, Washington County Administration Building, 100
W. Washington Street, Room 2000, Hagerstown, MD 21740
Respectfully submitted,
Clint Wiley, Chairman