Washington County Planning Board & Zoning Board of Adjustments Meeting. March 28, 2019

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1 Washington County Planning Board & Zoning Board of Adjustments Meeting March 28, 2019

2 Items to be heard MINOR SUBDIVISION HEARINGS County a. Minor Subdivision Replat Lots 5 & 6 Oakview Estates b. Minor Subdivision Replat Lot B-3 Bookout Minor Subdivision CONDITIONAL USE PERMIT HEARINGS County c. Smith Towing and Recovery Impound CUP Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

3 a. Minor Subdivision Replat Lots 5 & 6 Oakview Estates Minor Subdivision Replat Request

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12 a. Minor Subdivision Replat Lots 5 & 6 Oakview Estates STAFF RECOMMENDATION Staff recommends approval of the proposed Minor Subdivision replat request with the following conditions: Utility Conditions: Ozarks Electric Comments 1. Any damage or relocation of existing facilities will be at owner s expense. 2. Any power line extension that has to be built to this property will be at the owner s expense. The cost will be determined after the owner makes application for electric service and the line has been designed. 3. All off site easements that are needed for Ozarks to extend electrical service to this property must be obtained by developer and easement documentation provided to Ozarks before work begins. On site easements must be shown on plat and recorded with the county. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

13 a. Minor Subdivision Replat Lots 5 & 6 Oakview Estates Ozarks Electric Comments continued 4. Please contact Ozarks Electric if you have any questions. Wes Mahaffey At (479) Or wmahaffey@ozarksecc.com 5. There are Utility Easements along Ozarks overhead line. Environmental Conditions: 1. At this time, no stormwater permit is required by Washington County; however, the applicant must comply with all rules and regulations of the Arkansas Department of Environmental Quality (ADEQ). Standard Conditions: 1. Pay neighbor notification mailing fees $36.81 within 30 days of project approval. Any extension must be approved by the Planning Office (invoice was mailed to applicant on 03/19/19). 2. Any work to be completed in the County Road Right-of-Way requires a permit from the Road Department prior to beginning work. Any tile that may be needed must be sized by the Road Department. The Road Department may be reached at (479) Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

14 a. Minor Subdivision Replat Lots 5 & 6 Oakview Estates Standard Conditions continued 3. Any further splitting or land development not considered with this approval must be reviewed by the Washington County Planning Board/Zoning Board of Adjustments. 4. Lots that are over one-half acre in size will need to be addressed after the home location is known. 5. Once all plat corrections have been completed, submit corrected plat for review prior to obtaining signatures. 6. Have all signature blocks signed on 7 Final Plats - 2 for filing in the Circuit Clerk s office, 3 for the County Planning office, remainder for the developer. The Circuit Clerk is not accepting plats over 18" x 24" in size. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

15 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub Minor Subdivision Replat Request

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23 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub STAFF RECOMMENDATION Staff recommends approval of the proposed Minor Subdivision replat request with the following conditions: Fire Marshal Comments 1. The road being over 750 long will need to be a minimum of 26 wide with 38 turning radius and an approved turnaround. 1. D103.3 The minimum turning radius shall be determined by the fire code official. 2. D103.4 Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provision in accordance with table D There shall be a submitted statement from an engineer with their stamp of approval stating the drive is compacted to 75,000 pounds in all weather conditions. 1. D102.1 Facilities, buildings, or portions of buildings hereafter constructed shall be accessible to fire departments apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of 75,000 pounds. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

24 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub 3. Any New structures on the property shall not exceed 3600 square feet in size. Should you want larger structures you must submit the overall square footage to the Fire Marshal for review. B105.1 One- and two-family dwellings. The minimum fire-flow and flow duration requirements for one- and two-family dwellings having a fire-flow calculation area that does not exceed 3,600 square feet shall be 1,000 gallons per minute for 1 hour. Fire-flow and flow duration for structures in excess of 3,600 square feet shall not be less than that specified in table B Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

25 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub 4. The proposed project has a fire-flow that can be met by tanker support from the local Fire Department. The property shall not be split any further without an established water supply approved by the Washington County Fire Marshal Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. Exceptions: For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section or , the distance requirement shall be 600 feet. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

26 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub 5. The property shall not be split any further or in a way that would require an approved fire apparatus access road without approval by the Washington County Fire Marshal Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimensions of 150 feet where: The building is equipped throughout with an approved automatic sprinkler system installed in accordance with section , or Fire apparatus access roads cannot be installed because of location on property, topography, waterways, non-negotiable grades or other similar condition, and an approved alternative means of fire protection is provided. There are not more than two Group R-3 or Group U occupancies. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

27 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub 6. There shall be interconnected smoke alarms that receive their primary power from the building wiring and have a secondary power source Groups R-2, R-3, R-4, and I-1. Single or multiple-station smoke alarms shall be installed and maintained in groups R-2, R-3, R-4, and I-1 regardless of occupant load at all of the following locations: On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. In each room used for sleeping purposes. Exception: Single or multiple station smoke alarm in group I-1 shall not be required where smoke detectors are provided in the sleeping rooms as part of an automatic smoke detection system. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

28 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than on full story below the upper level Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit or sleeping unit in Group R or I-1 occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarm shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedroom over background noise levels with all intervening doors closed Power source. In new construction, required smoke alarms shall receive their primary power form the building wiring where such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery back-up shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than required for overcurrent protection. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

29 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub 7. New and Existing Buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property New and Existing Buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their backgrounds. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address numbers hall be maintained Street or road signs. Streets and road shall be identified with approved signs. Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

30 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub Planning Conditions: 1. The private road development resulting from this proposal stands at 30 which allows for access to up to four (4) residences, any further development will require a widening of the right-of-way to 50, as well as additional conditions per Section of the Washington County Code. Utility Conditions: Ozarks Electric Comments 1. Any damage or relocation of existing facilities will be at owner s expense. 2. Any power line extension that has to be built to this property will be at the owner s expense. The cost will be determined after the owner makes application for electric service and the line has been designed. 3. All off site easements that are needed for Ozarks to extend electrical service to this property must be obtained by developer and easement documentation provided to Ozarks before work begins. On site easements must be shown on plat and recorded with the county. 4. Please contact Ozarks Electric if you have any questions. Wes Mahaffey At (479) Or wmahaffey@ozarksecc.com Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

31 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub Environmental Conditions: 1. At this time, no stormwater permit is required by Washington County; however, the applicant must comply with all rules and regulations of the Arkansas Department of Environmental Quality (ADEQ). Standard Conditions: 1. Pay neighbor notification mailing fees $49.08 within 30 days of project approval. Any extension must be approved by the Planning Office (invoice was mailed to applicant on 03/19/19). 2. Any work to be completed in the County Road Right-of-Way requires a permit from the Road Department prior to beginning work. Any tile that may be needed must be sized by the Road Department. The Road Department may be reached at (479) Any further splitting or land development not considered with this approval must be reviewed by the Washington County Planning Board/Zoning Board of Adjustments. 4. Lots that are over one-half acre in size will need to be addressed after the home location is known. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

32 b. Minor Subdivision Replat Lot B-3 Bookout Minor Sub 5. Once all plat corrections have been completed, submit corrected plat for review prior to obtaining signatures. 6. Have all signature blocks signed on 7 Final Plats - 2 for filing in the Circuit Clerk s office, 3 for the County Planning office, remainder for the developer. The Circuit Clerk is not accepting plats over 18" x 24" in size. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

33 c. Smith Towing & Recovery Impound CUP Conditional Use Permit Request

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49 c. Smith Towing & Recovery Impound CUP Sec Criteria for allowance of conditional uses. The Board shall hear and decide requests for a conditional use and may authorize such if it finds: 1) That a written application has been filed with the Planning Office and the appropriate fee has been paid. 2) That the applicant has provided proof that each property owner as set out in section has been notified by return receipt mail. 3) That adequate utilities, roads, drainage and other public services are available and adequate or will be made available and adequate if the use is granted. 4) That the proposed use is compatible with the surrounding area. 5) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 6) That the conditional use will not be injurious to the use and enjoyment of other property in the surrounding area for the purposes already permitted, nor substantially diminish and impair property values within the surrounding area. 7) That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding area for uses permitted in the zone. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

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55 c. Smith Towing & Recovery Impound CUP STAFF RECOMMENDATION Staff is withholding recommendation of the proposed Smith Towing & Recovery Impound CUP request. Staff urges the Planning Board to listen to the support and the opposition in order to determine whether or not the project has met the compatibility requirements. The conditions are as follows: Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

56 c. Smith Towing & Recovery Impound CUP Water/Plumbing/Fire Conditions Washington Water Authority conditions: 1. If water service is desired in the future, a Request for Water Service Application needs to be filled out with the WWA office. 2. An 8" water main parallels both the western and southern property boundaries of the project. If an access drive is to be installed over the water main that is subject, but not limited, to traffic loading beyond conventional residential use or fire apparatus compaction standards, the water main will need to be encased at the owner s expense and under the supervision of WWA staff. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

57 c. Smith Towing & Recovery Impound CUP Water/Plumbing/Fire Conditions continued Washington Water Authority conditions: 3. Once the main is exposed, if the existing water main alignment is not conducive for a field welded encasement based on horizontal or vertical deflection, the main will need to be rerouted at the owner s expense. 4. A construction site plan and construction detail needs to be submitted to the WWA Office for approval. The plan may be subject to Arkansas Department of Health approval. 5. Alternatives to steel encasement may be considered. Engineered construction details must be submitted to WWA for consideration. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

58 c. Smith Towing & Recovery Impound CUP Water/Plumbing/Fire Conditions continued Washington County Fire Marshal conditions: 1. There shall be approved 911 address numbers placed in a on the gate, road, or both so that they are plainly legible and visible for responding emergency agencies. 2. Just note that the property shall not be split or developed any further without approval by the Washington County Sheriff Office Fire Marshal s Division. 3. There must be an engineered statement ensuring the driveway of the proposal is compacted to 75,000 pounds and submitted to the Washington County Sheriff Office Fire Marshal Division. Section and Appendix D Section D102 Required access D The driveway shall be 20 wide with no turn around required. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

59 c. Smith Towing & Recovery Impound CUP Water/Plumbing/Fire Conditions continued Washington County Fire Marshal conditions: 5. The turning radius at the edge of the driveway shall be 38 radius Grade. The Grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department s apparatus. Appendix D Fire Apparatus Access Roads. D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in grade. Exception: Grades steeper than 10 percent as approved by the fire chief. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

60 c. Smith Towing & Recovery Impound CUP Utility conditions Ozarks Electric conditions: 1. Any damage or relocation of existing facilities will be at owner s expense. 2. Any power line extension that has to be built to this property will be at the owner s expense. The cost will be determined after the owner makes application for electric service and the line has been designed. 3. All off site easements that are needed for Ozarks to extend electrical service to the property must be obtained by developer and easement documentation provided to Ozarks before work begins. On site easements must be shown on plat and recorded with the county. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

61 c. Smith Towing & Recovery Impound CUP Utility conditions Ozarks Electric conditions continued: 4. Please contact Ozarks Electric if you have any questions. Wes Mahaffey At (479) Or 5. There is a 30ft. U.E. along overhead line. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

62 c. Smith Towing & Recovery Impound CUP Roads/Sight Visibility/Ingress-Egress/Parking conditions Washington County Road Department conditions: 1. Any work in the County Right of Way will require a permit. Please contact the Road Department. 2. There is to be no parking in the Washington County roadway at any time. Drainage conditions 1. Allow the small swale to be allowed to continue across the proposed gravel drive and not be damned up by the driveway. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

63 c. Smith Towing & Recovery Impound CUP Environmental conditions 1. No stormwater permit is required by Washington County at this time; however, applicant must comply with all rules and regulations of the Arkansas Department of Environmental Quality. Signage conditions 1. No signage is allowed within Washington County s road right-of-way (ROW). Lighting conditions 1. All outdoor lighting must be shielded from neighboring properties, and any lighting must be indirect and not cause disturbance to drivers or neighbors. Additionally all security lighting must be shielded appropriately (see attached diagram). Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

64 c. Smith Towing & Recovery Impound CUP Screening conditions 1. Opaque privacy screening plans on the East, North, and West sides of the project site must be submitted and approved. 2. A landscaping plan must be submitted and approved. Landscaping must be well maintained. 3. No inoperable vehicles may be visible from the County Road. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

65 c. Smith Towing & Recovery Impound CUP Planning conditions 1. For Sale Vehicles may not be placed on this site. 2. The site must remain generally neat and organized. 3. For Sale Vehicles may not be placed in the Washington County Right of Way. 4. The Washington County Right of Way must be kept clear from signage and other implements that may hinder the Road Department while performing maintenance. 5. All of the conditions listed above must be met before business may be conducted. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

66 5. Other Business Minor Subdivision code revision Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

67 Minor Subdivision- proposed code revisions Issue: The Minor Subdivision review process is unnecessarily cumbersome for the Applicants, the Planning Dept., the Planning Board, and the Assessor s office. Existing Code (paraphrased): Minor subdivision- consists of four lots or less.. Replat- process of changing a previously approved land development either by alteration of a lot, parcel, or tract, or the placement of another type of development on a lot or tract different from the one previously contemplated when originally approved or by other changes made to the original plat. All Replats must go through the planning process as set out in section et seq. or may be done administratively if it qualifies for such. Exemptions (Sec )- The following are exempt from the provisions specified in the county development regulations: (3) The division of land into 4 parcels, 3 of which must be at least 5 acres, and 1 of which may be at least 1 acre. (11) The division of land creating no more than 4 lots, regardless of size and public road frontage, that is in a territorial planning area pursuant to Ark. Code Ann and has been approved by the Planning commission of the appropriate city. Enforcement (Sec )- No plat of any tract of land within the planning area jurisdiction of the Washington County Planning Board or the Planned Growth Area of any city planning commission shall be accepted by the County Recorder for filing unless the plat has been approved by the Planning Board, or Washington County Planning Administrative Officer. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

68 Minor Subdivision- proposed code revisions Existing Code (paraphrased): Administrative handling of certain planning issues (Sec )- Replats of lots within a subdivision may be approved administratively by the Planning Administrative Officer if such is in an extra territorial planning area of a city, the city has approved such, there are no utility issues, and if the lot size is at least ten thousand (10,000) square feet. In addition to the Planning review of these projects, the Arkansas Department of Health (ADH) and the County Fire Marshal have requirements for these Minor Subdivisions. ADH- when creating 3 or more lots under 3 acres each (3 under 3) ADH requires the proposal be reviewed by their Engineering section (in Little Rock) as a subdivision. The only additional information the applicant needs to provide for this review are spot elevations at 4 corners of the proposed primary and alternate septic lateral fields (2 perc tests instead of 1, and 8 spot elevations). Fire Marshal- Generally, the Washington County Fire Marshal doesn t review Minor Subdivisions. Only when the Minor Subdivision plan, or exempt lot split, is proposing 3 or more lots does the Fire Marshal review the plans, and then has additional requirements when there are proposed homes at greater than 3,600 square feet. The Planning office sends all exempt lot splits to the Fire Marshal for review when the survey shows 3 or more lots. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

69 Minor Subdivision- proposed code revisions To summarize, a lot split creating 4 lots or less requires Minor Subdivision review. But there are several ways in which a Minor Subdivision can be exempted from Planning Board review. The only remaining trigger for a Minor Subdivision to go to the Planning Board is if the split proposes to create more than 1 lot at less than 5 acres or, in the case of a replat, if the subject property (to be split) is an existing subdivision lot. When a Minor Subdivision is inside a city s planning area, once the city has approved, Washington County s review is always administrative. When a lot split is creating 3 or more lots it goes to the Fire Marshal for review. When a lot split is creating 3 or more lots at less than 3 acres each it goes to the Health Department s Engineering section for review as a subdivision. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

70 Minor Subdivision- proposed code revisions Existing 5-week Review Timeline Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

71 Minor Subdivision- proposed code revisions Proposed Review Timeline (Option 1)- only take Minor Subdivisions as far as Technical Review. If all the requirements are met with the resubmittal the proposal will be administratively approved. Pros Decreases approval time Doesn t require Planning Board approval Still gets reviewed by all the jurisdictional entities Cons Can only be submitted on submittal day The review period is still 2 weeks long Review fee is still $250 Gathering signatures takes time Still gets filed as a Subdivision Changes very little Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

72 Minor Subdivision- proposed code revisions Proposed Review Timeline (Option 2)- Change the allowance from 1 lot at less than 5 acres to 2 lots at less than 3 acres. Then if it qualifies for Minor Subdivision review (3 under 3) then it will go only as far as Tech Review/Resubmittal. Pros Decreases approval time Doesn t require Planning Board approval Still gets reviewed by all the jurisdictional entities Changes the triggers for Minor Subdivision to be more inline with Health Dept s req s. Cons Can only be submitted on Submittal day The review period is still 2 weeks long Review fee is still $250 Gathering signatures takes time Still gets filed as a Subdivision ADH review is sometimes slow. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

73 Minor Subdivision- proposed code revisions Proposed Review Timeline (Option 3)- make Minor Subdivisions completely administrative, requiring compliance with the same checklist as lot splits, but require ADH and the County Fire Marshal approval before it is submitted for Planning review. Timing depends on length of ADH & Fire Marshal review. Planning review is minimal. Pros Drastically decreases approval time Doesn t require Planning Board approval Gets fully reviewed by ADH & Fire Marshal Changes the triggers for Minor Subdivision to be more inline with Health Dept s req s. Signatures aren t required Cons ADH review is sometimes slow. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

74 Minor Subdivision- proposed code revisions What happens next? Planning Board has listened to 3 proposed options. Next, select preferred option and offer suggestions on changes. Then, Planning Staff will present the preferred option to the County Attorney for discussion on compliance with county ordinances. Once approved to move forward, Staff will present the proposed changes to the Quorum Court for discussion and, ultimately, a vote on whether to approve. Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

75 5. Other Business continued Discussion of Current Development and Planning Department activities Reminder of upcoming regular Planning Board Meetings: o May 2, 2019 o June 6, Old Business 7. Adjourn Washington County Planning Board & Zoning Board of Adjustments Meeting, March 28, 2019

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