WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING DECEMBER 5, 2005

Transcription

1 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING DECEMBER 5, 2005 The Washington County Planning Commission held its regular meeting on Monday, December 5, 2005, in the Washington County Administrative Annex, 80 West Baltimore Street, Hagerstown. Members present were: Chairman Don Ardinger, R. Ben Clopper, Linda Parrish, Bernard Moser, George Anikis, Terry Reiber, and Ex-Officio James F. Kercheval. Staff members present were: Planning Director Michael C. Thompson, Chief Senior Planner Stephen T. Goodrich, Chief Planner Timothy A. Lung, Senior Planners Lisa Kelly Pietro and Misty Wagner-Grillo, and Administrative Assistant Debra Eckard. CALL TO ORDER Chairman Don Ardinger called the meeting to order at 7:00 p.m. Mr. Ardinger stated that the minutes of the November 7, 2005 regular Planning Commission meeting would be approved at a later date. Mr. Thompson requested that the stream buffer variance request, Variances, Item #2, for Potomac Overlook be discussed with the Preliminary Consultation for Potomac Overlook. MINUTES Mr. Moser made a motion to approve the October 24, 2005 Workshop meeting minutes. Seconded by Mr. Clopper. Unanimously approved. OLD BUSINESS City of Hagerstown Snook Annexation (Case No. A05-07) Mr. Thompson presented for review and recommendation the City of Hagerstown s Snook Annexation (Case No. A05-07) located west of Interstate 81, south of the Centre of Hagerstown and split by Route 144. The area north of Route 144 is currently designated for Residential development and is consistent with the County s 2002 Comprehensive Plan s RS Residential Suburban zoning designation. The applicant is requesting the R1 designation for the property. The area south of Route 144 is currently zoned HI-1 Highway Interchange. The applicant is requesting a combination of R2 Residential and C2 Commercial for the property. Staff does not believe this request is consistent with the current Comprehensive Plan. The applicant is proposing residential development along Route 144 similar to the existing residential areas and the remaining area is proposed for commercial uses with limitations of the uses in that area. Staff is concerned with contractually limiting uses within a specific development. The development will be subject to an annexation agreement with the City of Hagerstown. The Economic Development Commission Board has expressed their opposition to the request. Discussion: Mr. Thompson stated that the City of Hagerstown recommended an R1 zoning designation for the property north of Route 144. He also stated that he believes the City is not in total support of the proposed zoning designations for the property south of Route 144. The proposed C2 zoning designation is for commercial type business. The County would like more Industrial Flex type activities in this area. Mr. Anikis made a motion to recommend denial of the applicant s request based on Staff s findings that the request is not consistent with the County s current Comprehensive Plan and the Board of County Commissioners should not give express approval for this request. Seconded by Mr. Moser. Unanimously approved. Mr. Kercheval abstained. Policy #23 Length of Cul-de-sacs Mr. Thompson presented for review and approval, Policy #23 Length of cul-de-sacs, that states, Culde-sac streets permanently designed as such are not to service more than twenty-five (25) dwelling units and should not exceed eight hundred (800) feet in length measured from the intersection of the street rights-of-way and the center of the cul-de-sac where public water is not available. The Planning Commission will consider lengths in excess of 800 feet upon their determination that the proposal results in a better design of the subdivision and a determination that adequate emergency services can be provided to the dwellings. Mr. Reiber made a motion to approve and adopt Policy #23. Seconded by Mr. Moser. Unanimously approved. NEW BUSINESS - VARIANCES A.J. & Evelyn Walters (SV ) Ms. Wagner-Grillo presented for review and approval a variance for a stand-alone simplified for A.J. and Evelyn Walters. The property is located on the west side of Tollgate Ridge Road and is currently zoned

2 EC Environmental Conservation. Mr. and Mrs. Walters wish to convey 6.74 acres of property to their son, Melvin Fulton, who has only long-range plans of developing the property. Discussion: Mr. Robert Bush of Triad Engineering stated that currently Mr. Fulton does not plan to develop the property. Until such time that Mr. Fulton decides to construct a dwelling on the property, percolation testing, a sewer reserve area, storm water management area and the placement of Forest Conservation Ordinance requirements would be difficult to establish. This would create an unnecessary cost burden for Mr. Fulton. The Walters wish to sell the remaining acreage at this time. No further subdivision of this parcel would be allowed. Mr. Anikis made a motion to grant approval of the variance for a stand alone simplified parcel. Seconded by Mr. Clopper. Unanimously approved. - SITE PLANS Huntridge Business Park, Lot 3 (SP ) Ms. Pietro presented for review and approval a site plan for Lot 3, Huntridge Business Park located along the east side of Insurance Way. The property is currently zoned HI-1. The developer is proposing to construct a 2,000 square foot warehouse and a 10,000 square foot office for a satellite production business on 7.3 acres. A 30,000 square foot area has been set aside for future expansion. The site will have two access points onto Insurance Way. The property will be served by public water and sewer from the City of Hagerstown. Hours of operation will be 7:00 a.m. to 10:00 p.m., Monday through Friday, with 40 employees. Parking required is 44 spaces and 60 spaces will be provided. Lighting will be pole mounted and building mounted. An entrance sign and a building mounted sign are proposed. A dumpster will be located in the rear of the building close to the docks. Freight and delivery will be one time per week. No fencing is proposed. One fire hydrant is proposed. A regional storm water management pond will be used for this site. Landscaping will be provided using Juniper, Dogwood, Spruce, and Maple trees along with burning bush and spirea. The Forest Conservation Ordinance requirement was met in the 1990 s when this lot was created with other lots in the area by forest retention and aforestation to the entire 60-acre parcel. Approvals have been received from the Washington County Engineering Department and the Washington County Soil Conservation District. Approvals are needed from the City of Hagerstown Water and Sewer Departments, the Washington County Health Department and the State Highway Administration. Mr. Moser made a motion to grant site plan approval for Lot 3, Huntridge Business Park contingent upon all agency approvals. Seconded by Mr. Reiber. Unanimously approved. Duane Martin (SP ) Ms. Pietro presented for review and approval a site plan for Duane Martin located along the west side of Spickler Road near Clear Spring. The property is.40 acre and is zoned A Agriculture. The owner is proposing to construct a 3,600 square foot storage building, approximately 23 feet high. The building will be used to store vehicles, trailers and lawn equipment. The Board of Zoning Appeals granted a Special Exception in August 2005 to allow the applicant to place an accessory structure on a parcel that is not improved with a principle permitted use. Lighting will be building mounted. No signs are proposed. There will be no employees; therefore, no parking is required. The site is exempt from forest conservation requirements because the area of disturbance is less than 40,000 square feet. All agency approvals have been received. Mr. Moser made a motion to grant site plan approval for Duane Martin. Seconded by Mr. Reiber. Unanimously approved. Little Cove Woodworking (SP ) Ms. Pietro presented for review and approval a site plan for Little Cove Woodworking located along the south side of Old Forge Road near its intersection with Cave Hill Road. The property is zoned A Agriculture. The owner is proposing to construct a 9,000 square foot building for a woodworking business on a four-acre parcel that includes an existing dwelling. Hours of operation will be Monday through Friday, 8:00 a.m. to 5:30 p.m. and Saturday, 8:00 a.m. to 12:00 p.m. The projection of customers per day is two to three. There will be four to six employees that are all family members. There will be one delivery per week. Required parking is six spaces and six spaces, including one handicapped space, will be provided. There will be no signs and all lighting will be building mounted. The Washington County Health Department granted a waiver to exclude water and sewer facilities since only family members will work in the proposed business. Trash will be collected inside the building. The Board of Zoning Appeals granted a Special Exception in May 2005, to establish a woodworking business and a variance was granted to waive the paving requirements. The Special Exception was granted under the old Agriculture zoning. The new Agriculture zoning does not permit the proposed use so if any expansion is proposed in the future, the property would need to be rezoned to a Rural Business zoning designation. There will be no storage outside and all displays will be kept in the building. The applicant is proposing to use the express procedure to meet the Forest Conservation requirements in the amount of $1, All agency approvals have been received. Discussion: Mr. Reiber stated his concern regarding the exclusion of public restroom facilities in the proposed business.

3 Mr. Clopper made a motion to grant site plan approval and the payment in lieu of in the amount of $1, to meet the Forest Conservation requirement. Seconded by Mr. Anikis. The motion passed with Mr. Clopper, Mr. Anikis, Mr. Kercheval, Mr. Moser, and Ms. Parrish voting Aye and Mr. Reiber voting Nay. Farm Tractor Sales and Storage (SP ) Ms. Pietro presented for review and approval a site plan for Farm Tractor Sales and Storage located along the northeast side of Cearfoss Pike. The property is zoned A Agriculture. The developer is proposing to construct a 36,000 square foot John Deere farm/lawn/tractor equipment dealership and eight large capacity storage buildings on 16 acres. The height of the proposed building would be 26 feet. One access point is proposed onto Cearfoss Pike. The site will be served by individual well and septic. Parking required is 48 spaces and 49 spaces will be provided. Signs will be building mounted and a 30- foot pylon sign is proposed near the entrance. Hours of operation will be Monday through Friday 7:30 a.m. to 5:00 p.m. and Saturday 7:30 a.m. to noon. There will be 26 employees. The yard setbacks are 50-feet. A dumpster will be located in the rear of the dealership. Deliveries will be one per day. A storm water management pond will be located in the front of the property. All areas around the storage buildings and dealership will be paved. Landscaping will be provided around the dealership building and trees will be planted throughout the site. The Board of Zoning Appeals granted a Special Exception in March 2004 to allow the developer to construct the large storage buildings on the site. The developer is proposing to meet the Forest Conservation requirement by payment in lieu of in the amount of $10, Approvals are needed from the Washington County Engineering Department and the Washington County Soil Conservation District. All other agency approvals have been received. Discussion: Mr. Quirple, John Deere dealership, stated that the large capacity dealership storage building will be used to store the dealership s products and the storage units on the west side of the building will be leased to store boats, recreational vehicles, mobile homes, etc. Mr. Moser expressed concern regarding no buffer along the west side of the property next to an existing residence. Mr. Quirple stated that there is a large underground storm drain along that side of the property and tree roots could damage the drain. However, he stated they would agree to plant trees along that property line to buffer the existing residence. Mr. Clopper made a motion to grant site plan approval, contingent upon all agency approvals and to provide the additional buffering on the west side of the property, and to accept the payment in lieu of to meet the Forest Conservation requirement. Seconded Mr. Reiber. Unanimously approved. Jon Henson (SP ) Ms. Pietro presented for review and approval a site plan for Jon Henson. The property is located along the northeast side of Fairview Road and is zoned A Agriculture. The owner is proposing to construct an 8,000 square foot building for a landscaping and lawn mowing business on 11 acres. A portion of the building will be used as a temporary dwelling until the owner s permanent dwelling is constructed. The proposed building will be 25 feet high. There will be no signs and lighting will be building mounted. Trash will be collected inside the proposed building. Hours of operation will be Monday through Saturday, 6:00 a.m. to 6:00 p.m. There will be no outside storage. The Forest Conservation requirements will be met by retaining.68 acres of forest on site and planting 1.6 acres of trees. All agency approvals have been received. Comment: Mr. Kercheval recommended revising the hours of operation on the site plan to include longer hours especially during the summer months. Mr. Moser made a recommendation to grant site plan approval. Seconded by Mr. Reiber. Unanimously approved. Strictly Hey-wake (SP ) Ms. Wagner-Grillo presented for review and approval a site plan for Strictly Hey-wake. The property is located at the intersection of Pennsylvania Avenue and Orchard Hills Parkway and is zoned BG Business General. The owner is proposing to construct an 8,240 square foot storage building for the existing business, which is a 1950 s collectible used furniture sales operation. Hours of operation are Saturday and Sunday, 12:00 p.m. to 6:00 p.m. There is one employee. Five parking spaces are required and five spaces are provided. Currently there are no existing signs and no signs are proposed. Lighting will be building mounted. There are only occasional UPS deliveries. They are exempt from Forest Conservation requirements. A rain garden will provide storm water management. No outside storage is proposed. All agency approvals have been received. Mr. Moser made a motion to grant site plan approval. Seconded by Mr. Clopper. Unanimously approved. PRELIMINARY CONSULTATION Potomac Overlook (PC ) and (SV ) Ms. Wagner-Grillo presented a preliminary consultation for Potomac Overlook. The property is located on the south side of Keep Tryst Road. The site is acres and is zoned RV Rural Village. The developer is proposing 8 lots with a minimum lot size of 20,000 square feet and a remainder of acres. Water and sewer service will be provided by Washington County. Forest Conservation requirements will be met by on-site forest retention. In March 2003, the developer requested a change in zoning from BG Business General to RR Residential Rural. In August 2003, the Planning

4 Commission recommended denial of the rezoning request because the proposed density was more appropriate for the Growth Area. The Board of County Commissioners agreed with that decision and deferred the vote and discussed a possible reduction of the proposed density. The matter was referred to the Planning Commission for a recommendation on a reduction in the density. The Planning Commission did not deviate from their original decision and did not give another recommendation. In October 2003, the matter was referred to the Board of County Commissioners a second time. Upon a recommendation by the County Attorney, the Board of County Commissioners approved the expansion of the Rural Village boundary to include this property. The rezoning of the property to the Rural Village zoning designation was approved with the condition of a nine (9) lot maximum density. Variance Request: The applicant is requesting a variance from the 300-foot stream buffer requirement to 140 feet on the remaining lands of the property. The applicant s explanation of hardship as stated on the application states, The Ordinance required buffer of 300 feet (for 75% x 4 ) is unnecessarily wide and places an unnecessary restriction on part of the site. It would prohibit structures or construction on most of the site west of the sewer right-of-way. This is not a natural slope. It was created by the Route 340 cut and is steeper than other slopes in the County. The applicant is requesting the variance at this time so the ultimate layout of the stream buffer can be part of the Forest Conservation Plan. The Washington County Soil Conservation District has reviewed the requested variance and has approved the 140-foot stream buffer. Discussion of variance request: Mr. Moser and Mr. Anikis expressed their concern regarding the variance for the stream buffer. Since the Board of County Commissioners placed a nine-lot restriction on the property, they feel that the required 300-foot stream buffer should not be an issue, unless the developer is planning further development on this property in the future. Mr. Bernstein, consultant, stated that the buffer would extend so far to the west and would restrict any future potential uses on the property. He also believes that the 140-foot buffer would be sufficient. Mr. Zoltan Nagy, Buckeye Development, stated the developer does not currently have plans for further development; however, they disagree with the nine-lot limitation placed on the property by the Board of County Commissioners. The developer s zoning attorney has advised them that when the Comprehensive Rezoning was adopted, the contingency became void because the Rural Village zoning designation did not exist when the Board of County Commissioners granted the original rezoning request. Comments on variance request: Mr. Anikis noted that Chapter 759 of the Maryland Code regarding Rural Villages states for which new growth, if any, would derive primarily from infill or limited peripheral expansion. Limited peripheral development means development that is contiguous to an existing community and does not increase the size of the existing community or village by more than 10% of the existing number of dwelling units. The original Rural Village has only nine homes. The developer is proposing eight new homes thereby doubling the size of the existing Rural Village. Regarding infill development, the Code states, it is not best to include large adjacent vacant parcels as part of the Rural Village. Mr. Anikis expressed disapproval that the guidelines established by the State of Maryland regarding Rural Villages are not being followed. He believes that the Board of County Commissioners established a fair compromise between the citizens in the area and the developer and he is concerned about additional development of the property. Mr. Kercheval stated that there is a long history on the rezoning of this property and that the Board of County Commissioners tried to achieve a fair compromise for the owner by allowing a density of 1 house per 3 acres; thereby allowing a total of nine lots on this property. He expressed his frustration and disbelief that the developer is trying to take advantage of the situation and that it is obvious they intend to further develop the property in the future. Mr. Kercheval stated that he would not support any variance that may help the developer to further develop the property. Mr. Moser made a motion to deny the stream buffer variance. Seconded by Mr. Reiber. Unanimously approved. Comments on Preliminary Consultation: Mr. Anikis expressed his concern regarding the steep slope of the road and the ability of emergency services to access the residences during inclement weather situations. He also recommended consideration of a second entrance to the proposed development if additional lots are proposed. Mr. Kercheval stated that the original sewer south of Sandy Hook was put in that area for safety reasons and has restricted capacity. Any additional lots over the nine-lot density would be over the current sewer s capacity plan. No action required. OTHER BUSINESS Cloverly Hill LLC (CP ) Mr. Lung presented for review and recommendation the Staff Report and Analysis following the Public Hearing for the Comprehensive Plan Amendment for Cloverly Hill, LLC. The property is located at the northeast corner of Maryland Route 64 and Maryland Route 77. The applicant is proposing to amend the Comprehensive Plan to include approximately 57 acres it owns in the Growth Area associated with the Town of Smithsburg.

5 Comments: Mr. Reiber expressed his opinion that since a portion of the applicant s property is currently in the Urban Growth Area, the applicant should be allowed to add the remaining portion in the Growth Area. He noted that there appears to be access to water through the public water system. Mr. Reiber believes that the request is consistent with the Comprehensive Plan. Mr. Moser concurs with staff regarding the piece-meal approach of amending the Comprehensive Plan in regard to the growth area. Mr. Moser expressed his concern that an annexation agreement has not been reached between the developer and the Town of Smithsburg. He also expressed concern that the Town of Smithsburg has not recommended the expansion of the Growth Area. Mr. Moser feels that the Growth Area should not be expanded until issues regarding school capacity and the lack of sewer infrastructure have been resolved. He does not believe the request is consistent with the Comprehensive Plan. Mr. Reiber made a motion to recommend approval of the Comprehensive Plan Amendment to the Board of County Commissioners. A second to the motion was not made and the motion failed. Mr. Moser made a motion to recommend denial of the Comprehensive Plan Amendment to the Board of County Commissioners. Seconded by Mr. Anikis. Discussion before the vote: Mr. Anikis does not believe that the request is consistent with the Comprehensive Plan and that this request would create a piece-meal zoning. Mr. Ardinger stated his opinion that the project will happen sometime in the future. Mr. Reiber stated that he supports the amendment request because there is a portion of the property located in the County s Growth Area and the entire property is located within the Town of Smithsburg s Growth Area Boundary as established by their Comprehensive Plan. He does not feel that this is a piecemeal zoning request. Mr. Moser stated his opinion that school capacity issues and lack of infrastructure issues should be addressed prior to the approval of any expansion of the Growth Area. The motion to recommend denial passed with Mr. Anikis and Mr. Moser voting Aye and Mr. Reiber voting Nay. Ms. Parrish abstained because she was not present at the public hearing, Mr. Clopper abstained due to the concern of a possible conflict of interest and Mr. Kercheval abstained because he will vote with the Board of County Commissioners. Cloverly Hill LLC (RZ ) Mr. Lung presented for review and recommendation the Staff Report and Analysis Following the Public Hearing the rezoning request for Cloverly Hill LLC. The property is located at the northeast corner of Maryland Route 64 and Maryland Route 77 and is currently zoned A Agricultural, A(R) Agricultural Rural and EC Environmental Conservation. The applicant is requesting a map amendment and zoning designation of RR Residential Rural. Comment: Mr. Reiber stated his opinion that the zoning designation of RR Residential Rural would be consistent with adjacent properties. Mr. Reiber made a motion to recommend approval of the map amendment request to the Board of County Commissioners. Seconded by Mr. Anikis. Discussion before the vote: Mr. Anikis stated that he recalled discussions by the Planning Commission during the drafting of the 2002 Comprehensive Plan and that this area was discussed specifically because the Staff had originally designated the entire area as EC Environmental Conservation. Mr. Anikis presented copies of work maps showing the original land use classifications for the area and the revised classification of some areas to Agriculture based on the Commission s discussions regarding the location of existing orchards in the area. Mr. Anikis stated that based on the considerable amount of review given to this area by the Planning Commission during its drafting of the 2002 Comprehensive Plan, it was his opinion that there was no mistake made when this property was comprehensively rezoned. Mr. Moser concurred with Mr. Anikis s comment. Mr. Kercheval noted that an RR Residential Rural zoning designation does not exist in the rural areas. Therefore, Mr. Reiber s motion to approve the map amendment is contingent upon the Board of County Commissioner s approval of the Comprehensive Plan amendment. Mr. Reiber suggested tabling the request until a decision is made by the Board of County Commissioners regarding the Comprehensive Plan amendment. After a brief discussion and concern expressed by several of the Commission members that postponing the recommendation would affect the applicant s ability to move forward with the project, it was decided that the Commission would continue with the recommendation process of the rezoning request. Mr. Reiber s motion to recommend approval of the map amendment failed with Mr. Reiber voting Aye and Mr. Moser and Mr. Anikis voting Nay. Mr. Clopper, Ms. Parrish and Mr. Kercheval abstained for the reasons previously stated in CP

6 Mr. Anikis made a motion to recommend denial of the map amendment request to the Board of County Commissioners because he does not believe there was a mistake in the original zoning. Seconded by Mr. Moser. Comment before the vote: Mr. Reiber expressed his opinion that the RR Residential Rural zoning designation is consistent with adjacent properties zoned RR Residential Rural and BL Business Local. He also stated that a portion of the property is located in the Growth Area and the RR Residential Rural zoning is warranted. Mr. Anikis s motion to recommend denial of the map amendment request passed with Mr. Anikis, Mr. Moser and Mr. Reiber voting Aye. Mr. Clopper, Ms. Parrish and Mr. Kercheval abstained for the reasons previously stated in CP Cloverly Hill LLC (WS ) Mr. Lung presented for review and recommendation the Staff Report and Analysis Following the Public Hearing for a map amendment to the Water and Sewerage Plan for Cloverly Hill LLC. The property is located at the northeast corner of Maryland Route 64 and Maryland Route 77. Mr. Anikis made a motion to recommend denial of the map amendment to the Water and Sewerage Plan, to the Board of County Commissioners, because it is outside the established Growth Area and currently has no planned service. Seconded by Mr. Moser. The motion passed with Mr. Anikis and Mr. Moser voting Aye and Mr. Reiber voting Nay. Mr. Clopper, Ms. Parrish and Mr. Kercheval abstained for the reasons previously stated in CP Heart of the Civil War Heritage Area Management Plan Mr. Goodrich presented information regarding the Maryland Heritage Area program that is a mechanism that designates a Heritage Area and makes special grants, loans, tax credits and marketing programs available with the Heritage Area boundary to support and encourage heritage tourism. This program is voluntary. In order to achieve certification which creates the eligibility for those special programs, the County and Towns must amend their Comprehensive Plan to incorporate a management plan for the heritage area. A Steering Committee and a consultant have completed a draft of a management plan for the Heart of the Civil War Heritage Area for Washington, Frederick and Carroll counties. Mr. Goodrich stated that copies of the plan are available on CD, hardcopy or on the internet. Within a State approved Heritage Area, matching grants are available for marketing programs such as planning and producing exhibits, publications or promoting special events. In a sub-set of a Heritage Area, called a Target Investment Zone, matching grants and loans are available as well as tax credits for the rehabilitation of historic buildings and other non-historic buildings. The management plan must be submitted to the Maryland Heritage Authority for approval and certification. In the future, the Planning Commission will be asked to make recommendations regarding the amendments to be incorporated into the Comprehensive Plan to the Board of County Commissioners. Discussion: The Towns are not required to participate in the program; however, if they do not participate, the Towns and their citizens will not have access to benefits. A public hearing will be required for amendments made to the Comprehensive Plan. No action required. Workshop Meeting Date: The Planning Commission will hold a Workshop meeting on January 18, 2006, at 1:00 p.m. in the Administrative Annex, 80 West Baltimore Street. ADJOURNMENT Mr. Anikis made a motion to adjourn the meeting at 10:00 p.m. Seconded by Mr. Moser. So ordered. Respectfully submitted, Don P. Ardinger, Chairman