WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING September 11, 2006

Transcription

1 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING September 11, 2006 The Washington County Planning Commission held its regular meeting on Monday, September 11, 2006, in the Washington County Administrative Annex, 80 West Baltimore Street, Hagerstown. Members present were: Chairman George Anikis, Linda Parrish, Bernard Moser, Sam Ecker, Terry Reiber, Clint Wiley and Ex-Officio James F. Kercheval. Staff members present were: Planning Director Michael C. Thompson, Chief Planner Timothy A. Lung, Senior Planners Lisa Kelly Pietro and Misty Wagner-Grillo, and Administrative Assistant Debra Eckard. CALL TO ORDER Chairman George Anikis called the meeting to order at 7:00 p.m. MINUTES Mr. Moser made a motion to approve the minutes of the August 7, 2006 regular Planning Commission meeting as amended. Seconded by Mr. Ecker. Unanimously NEW BUSINESS - Variances Gary Blair Gibson (SV ) Mr. Lung presented for review and approval a variance to remove the 10-year immediate family member restriction on a previously approved subdivision plat. In 1998 a subdivision plat was approved for Todd Easterday, et al. for Lots 1 4. Prior to the subdivision approval, the Planning Commission granted a variance to allow a panhandle exceeding 400-feet for Lots 3 and 4. At the time of the approvals, the applicant (Mr. Easterday) claimed that Lots 1-3 were intended for immediate family members and Lot 4 contained an existing dwelling. The variance was granted without any conditions restricting the lots to immediate family members. The 10-year immediate family member restriction was placed on the plat because, at the time, there was a road adequacy issue for Greenbriar Road. Based on Section of the Adequate Public Facilities Ordinance, widening of the road is exempted if the lots are to be conveyed to an immediate family member. According to Mr. Gibson s letter, (the current owner), Mr. Easterday sold the lot to him on January 20, 2005 and he is not an immediate family member. According to Mr. Gibson s hardship letter, employment constraints prevent him from building a home on this lot and he is forced to sell it. Mr. Gibson wishes to remove the 10-year family member restriction so the lot may be sold without any encumbrances. The plat was approved on August 3, 1998 and there are approximately 2 years remaining on the restriction. Based on today s standards, the Engineering Department has stated that Greenbriar Road is adequate and meets the County s standards. Therefore, they have no objection to the removal of the restriction in question. Mr. Lung stated that according to assessment records, the current owners of Lots 1 and 2 may not be immediate family members of the Easterdays. Discussion: There was a discussion regarding the restriction placed on the lots that was noted on the plats and that it should have been recorded on the deed of conveyance. Mr. Kercheval noted that in a discussion with the County Attorney, this restriction should have been found during the title search of the property when it was sold. The County Attorney also stated that when selling the property outside of the immediate family, the seller could be subject to a fine based on our Subdivision Ordinance of not less than $ and not more than $1,000 for each day in violation. Comment: Mr. Kercheval stated his opinion that he is not against the variance based on the Engineering Department having no objections and their opinion that Greenbriar Road is adequate. However, he would like staff to investigate the sale of this and other lots in this subdivision to non-family members and give the Planning Commission an update as to any violations of the County s Subdivision Ordinance that may have occurred, as well as recommendations for any citations or fines. Mr. Reiber concurs with Mr. Kercheval s comments. Mr. Kercheval made a motion to approve the variance based on information provided by Staff regarding the adequacy of Greenbriar Road and to waive the two-year restriction limit. Seconded by Mr. Reiber. The motion passed with Mr. Kercheval, Mr. Reiber, Mr. Wiley, Mr. Ecker and Ms. Parrish voting Aye and Mr. Moser voting Nay. - Preliminary Consultations Hickory Estates (PC ) Ms. Wagner-Grillo presented for review and comment a preliminary consultation for Hickory Estates located along the west side of Hickory School Road. The property is zoned HI-2 Highway Interchange 2. The developer is proposing 65 town homes on approximately 8.54 acres. The Washington County Department of Water Quality stated that the sewer lines must be relocated and manhole #57 has an existing service lateral across this property that will affect the location of the storm water management pond. The City of Hagerstown Water Department stated that an annexation review would be required. The State Highway Administration and the Washington County Engineering Department would require a

2 traffic impact study that would include the intersections at Hickory School Road and US Route 11, US Route 11 and Bower Avenue and US Route 11 and Massey Boulevard. The Engineering Department also stated that they would not allow 65 units to be served by only one access. A second access would be required to US Route 11. Ms. Wagner-Grillo stated that all requirements outlined in Section of the Subdivision Ordinance must be addressed on the preliminary plan. The plans should also include parking, sidewalks, play areas, setbacks, building height, etc. The developer is proposing to retain existing forest on-site to meet the Forest Conservation Ordinance requirement. Hickory Elementary School is currently over-capacity and a school mitigation plan will be required prior to site plan approval. Comments: Mr. Anikis recommended a second access and a traffic impact study. Mr. Moser recommended sidewalks and street lighting. Mr. Kercheval recommended that the developer should consider some screening at the back of the development. No action required. - Subdivisions Interfaith Housing of Western Maryland (PP ) Ms. Wagner-Grillo presented for review and approval the preliminary plat for Lots 1-10 for Interfaith Housing of Western Maryland located along Cascade Road and Maryland Route 550 in Cascade. The property is zoned RV Rural Village and contains 3.7 acres. The developer is proposing 10 lots ranging in size from ½ to 1 acre. The Washington County Department of Water Quality will provide water and sewer service. Lots 1 8 will have shared driveways off of Military Road and Lots 9 and 10 will have access from Cherry Lane. The developer is proposing to retain a 2.21 acre easement to meet the Forest Conservation Ordinance requirement. Cascade Elementary, Smithsburg Middle and Smithsburg High schools would serve this development. A mitigation plan would be required prior to final plat approval. All agency approvals have been received. Discussion: Mr. Moser made an inquiry regarding basements due to wetlands located on the property. The developer stated that no basements are proposed. Mr. Anikis made an inquiry regarding a note on the plat under the Sensitive Area Notice that the property owner is required to maintain in perpetuity vegetative ground cover. Who will manage and oversee the vegetative ground cover? Mr. Thompson stated that if the property owners would apply for any type of permit or a zoning certification, the grounds would be checked by the Permits Department. Mr. Anikis noted that the developer would be required to seek approval from the Historic District Commission regarding the exterior appearance of the homes since the development is within a rural village. Mr. Moser made a motion to grant preliminary plat approval. Seconded by Mr. Ecker. Unanimously Hunter s Green Business Park II, Lot 7 (PP and S ) Mr. Lung presented for review and approval the preliminary plat and final plat for Lot 7, Hunters Green Business Park II. The property is located west of I-81, east of Maryland Route 63 and south of US Route 40 in the Hopewell Valley development area. The developer is proposing a acre industrial parcel. At this time, there is no development plan submitted with the plat. The property is zoned IG Industrial General. The site is made up of pieces of two parcels, one parcel owned by George Keener and the other owned by the Hagerstown-Washington County Industrial Foundation. The developer will be responsible for constructing approximately 1500-linear feet of road (Newgate Boulevard extended). The site will be served by water from the City of Hagerstown and sewer from the Washington County Department of Water Quality. There are flood plains identified on the site. The County s Comprehensive Plan shows the flood plains as a greenway through the Hopewell Valley area. It is the County s intent to leave this area in its natural state with flood plains, natural forest and for additional forest plantings to perhaps provide some recreation/walking paths. The Forest Stand Delineation plans shows existing forest on this property and the Forest Conservation worksheet indicates that acres of total conservation would be required. The developer is proposing to retain 1.04 acres, an additional acres will be planted, and the remaining 16.8 acres of forest conservation would be handled through payment-in-lieu in the amount of $73, Justification for the use of P.I.L. was explained in a letter prepared by the consultant to the Planning Commission. A site plan will be required prior to any development on this lot. Approvals from the Washington County Engineering Department and the Soil Conservation District are pending. All other agency approvals have been received. Mr. Kercheval made a motion to approve the developer s proposal to meet the Forest Conservation Ordinance requirement as presented including the payment-in-lieu of 16.8 acres in the amount of $73, Seconded by Mr. Reiber. Unanimously Mr. Reiber made a motion to grant preliminary and final plat approval contingent upon all agency approvals and the developer granting an easement on the flood plain and buffer area to protect the future greenway and to allow the County to construct a pathway through the greenway area. Seconded by Ms. Parrish. Unanimously - Site Plans Sheets at Huyetts Crossroads (SP ) Ms. Wagner-Grillo presented for review and approval a site plan for Sheetz at Huyetts Crossroads. The property is located along the north side of the intersection of US Route 40 and Maryland Route 63. The site is 3.52 acres and is zoned A Agriculture. The developer is proposing to replace the existing Sheetz

3 store with a new Sheetz store and a car wash. The existing area of the store is 3,500 square feet and the proposed new area with the car wash is 5,710 square feet. The new building and canopy will be 22-feet in height and the car wash will be 11-feet in height. Signage is freestanding. Building and pole mounted lighting is proposed. Hours of operation will be 24 hours per day. Parking spaces required are 35 spaces plus 2 handicapped spaces and 59 spaces and 2 handicapped spaces will be provided. There will be four employees per shift with 3 shifts per day. Weekly deliveries are anticipated to remain the same with gas tankers coming every other day and on Saturday and Sunday and tractor-trailer deliveries are two times per week. Proposed Larger Drive will be constructed with the Sheetz store to provide access from US Route 40. Water service will be provided by the City of Hagerstown and the Washington County Department of Water Quality will provide sewer service. The car wash will not be constructed until adequate public sewer facilities are available. The site qualifies for the express procedure to meet the Forest Conservation Ordinance requirement and will be met by payment in lieu in the amount of $1, Trees and shrubs will provide landscaping along the parking areas. All agency approvals have been received. Comments: Mr. Moser expressed his opinion that screening should be provided along the road between the Sheetz store and the proposed Powers Estates subdivision. Mr. Frederick, consultant, stated that the owner would be willing to provide additional screening to the west of the property. There was a brief discussion regarding the additional screening, safety issues, and proximity to the storm water management pond. Discussion: The existing drive provides access to Shifler Equipment Rental and Lager Drive will connect to Powers Estates and will be a County road. Mr. Kercheval noted that due to long-term sewer capacity limitations within the County, the County would only support the construction of the carwash if a water recycling system is installed. Mr. Reiber made a motion to grant preliminary/final site plan approval contingent upon the developer working out a plan with Staff for screening on the north side of the property. Seconded by Ms. Parrish. Discussion before the vote: By consensus, the Planning Commission members do not support any screening on the northeast corner of the property due to traffic safety issues. Mr. Reiber s motion passed unanimously. Everly Plaza (SP ) Ms. Wagner-Grillo presented for review and approval the site plan for Everly Plaza located along the west side of Greencastle Pike north of Everly Road. The site is approximately 2.28 acres and is zoned HI-1 Highway Interchange 1. The developer is proposing a 17,000 square foot retail shopping center. The building height will be 15-feet. Parking spaces required is 94 spaces and parking provided will be 95 spaces including 4 handicapped spaces. Hours of operation will be 7:00 a.m. to 8:00 p.m., Monday through Saturday. Signage will be building mounted. Lighting will be building and pole mounted. Water service will be provided by the City of Hagerstown and the Washington County Department of Water Quality will provide sewer service. The site qualifies for the express procedure to meet the Forest Conservation Ordinance requirement and will be met by payment in lieu in the amount of $1, Landscaping will be provided. All agency approvals have been received. Comments: Mr. Kercheval expressed his concern regarding the entrance and exits close to the intersection and if there may be a problem in the future. The County will reserve the right to resolve traffic issues and may cause some limits on the entrance and exits. Mr. Moser made a motion to grant preliminary/final site plan approval. Seconded by Mr. Ecker. Unanimously Dot Foods Inc. Expansion (SP ) Ms. Wagner-Grillo presented for review and approval the site plan for the Dot Foods, Inc. expansion which has been designated by the Washington County Economic Development Commission as a fasttrack project. The property is located along the south side of Elliott Parkway. The parcel area is 17 acres and is zoned IG Industrial General. The developer is proposing numerous additions. The existing building is 160,000 square feet. The additions would include a 62,000 square foot dry warehouse, a 42,000 square foot freezer, a 1,600 square foot maintenance addition, a 1,000 square foot break room, and a 2,400 square foot truck maintenance garage. The total building area would be approximately 280,000 square feet. There are 60 employees. There are 44 parking spaces required and 111 passenger vehicle spaces will be provided including 3 handicapped spaces and 38 tractor-trailer spaces. Deliveries will be 9 per day. Water service will be provided by the City of Hagerstown and the Department of Water Quality will provide sewer services. Lighting will be pole mounted. The developer is requesting to meet the Forest Conservation Ordinance requirement by payment-in-lieu of $13, Approvals from the Engineering Department, Department of Water and Quality, Health Department, Soil Conservation District and the Permit and Inspections Department are pending. All other agency approvals have been received. Mr. Moser made a motion to grant site plan approval contingent upon all agency approvals and the payment-in-lieu to meet the Forest Conservation Ordinance requirement. Seconded by Mr. Reiber. Unanimously

4 Hagerstown Community College (SP ) Ms. Pietro presented for review and approval the site plan for the Scholar Drive and Career Studies building expansion at the Hagerstown Community College. The site is located along the northwest side of Robinwood Drive. The campus is 312 acres and is zoned RS Residential Suburban. The site plan shows the proposed renovation of the career studies building that will include classrooms, faculty offices, science labs, a conference center, computer center and cafeteria. The last section of Scholar Drive is proposed to be constructed around the north end to provide better traffic circulation on campus. Proposed renovations will include providing additional parking spaces, one new parking lot and three revised parking lots. There are currently 517 parking spaces provided and 642 spaces are proposed. Public water and sewer will serve the site. The hours of operation are Monday through Friday, 7:00 a.m. to 9:00 p.m. and Saturday, 7:00 a.m. to 4:00 p.m. Freight and delivery will be two small trucks per day and one tractor-trailer per month. The developer is proposing Bolyard lighting along the walkways, lighting throughout the parking lot and streetlights. Bio-retention areas will provide storm water management for the site. There is a proposed sidewalk, dining plaza, entry plaza, and a dining terrace with landscaping. Solid waste removal is a proposed dumpster in the northwest corner of the lot. Total new building area will be 887,332 square feet. Signs will be building mounted and there is an existing freestanding sign. The Board of Zoning Appeals granted a variance to exceed the 600 cubic yards of fill material in the 100-year flood plain for the construction of Scholar Drive in March The Maryland Department of the Environment, Water Management Administration has reviewed this project for construction and granted approval in April The developer proposes to meet the Forest Conservation Ordinance requirements by retaining 3.6 acres of existing forest. Landscaping will be provided using ornamental grasses, boxwood, holly and trees including Maple, Birch, Oak, Poplar and Magnolia. All agency approvals have been received. Mr. Reiber made a motion to grant site plan approval. Seconded by Mr. Kercheval. Unanimously Mr. Moser made a motion to grant approval of the Forest Conservation Plan to retain existing forest onsite to meet the Forest Conservation Ordinance requirement. Seconded by Mr. Reiber. Unanimously Elmwood Farm (SP ) Ms. Pietro presented for review and approval a site plan for temporary and permanent propane gas facilities at Elmwood Farms. The site is located along the north side of Lappans Road and is zoned Agriculture. The developer is proposing to place a temporary propane facility in the central area of the development between Lots 112 and 114. The area is.46 acres and there will be six 1,000 gallon storage tanks enclosed by a 6-foot high chain link. Access will be onto proposed Ripple Drive. Twelve arborvitae are proposed to provide screening. The permanent propane facility will be located on a.83 acre parcel located in the northwest corner of the development and will have access onto Kendle Road and will be surrounded by a 8-foot high chain link fence with black vinyl. A 60,000-gallon storage tank is proposed. Thirty-one 6-foot high arborvitae will be planted around the site and proposed gravel placed around the tank. Deliveries will be 9:00 a.m. to 4:00 p.m. during the week and will occur one time per month during the winter months. The facility is proposed to be constructed after the 125 th lot has been developed. All agency approvals have been received. Discussion: Mr. Moser made an inquiry regarding the construction of the permanent facility immediately and eliminate the temporary facility. Mr. Nouse of Thompson Gas stated the decision to build the temporary facility is influenced by economics. Mr. Poffenburger of Fox & Associates, consultant, stated that the permanent facility is located in proposed Section 5 of the subdivision. The roads to proposed Section 5 of the development need to be built across the floodplain and would require a lot of infrastructure to be completed. Mr. Moser agreed with the economics of building the permanent facility at a later time; however, when other temporary structures have been proposed in other developments there have been problems regarding the construction of the permanent facility. Mr. Moser also noted that lines could be run down Kendle Road. Mr. Reiber made an inquiry regarding a partnership between Thompson Gas and the developer. Mr. Nouse stated that Thompson Gas would own the facility and the site where the facility is located in addition to all the gas lines within the development. The temporary site would be removed when the permanent facility is operational. Mr. Kercheval inquired about the build-out of the development. Sections 1 and 2 have been recorded with approximately lots available. Mr. Moser expressed his concern regarding safety issues for the temporary propane facility between two residences on Lots 112 and 114. Mr. Nouse stated that a distance of 25-feet is required from the temporary site to the residences; however, 50-feet is required for the permanent facility. Mr. Moser expressed concern regarding the maintenance of the facility once it is installed. Mr. Nouse stated that the PSC will conduct an annual audit for erosion control, a leak survey, etc. and they will visit the facility and review all documentation regarding maintenance of the facility. Mr. Moser requested Thompson Gas to provide updates to the Planning Commission regarding the maintenance issues of the facility. There was a brief discussion regarding the deadline for completion of the permanent storage facility. A decision was made between the Planning Commission and Mr. Nouse that the permanent storage facility would be completed by the time the 125 th house is constructed. Mr. Kercheval discussed using a date for the completion of the permanent storage facility versus using a certain number of houses.

5 Mr. Kercheval recommended allowing Staff the authority to work with the developer for completion of the permanent storage facility. Mr. Anikis recommended allowing Staff to work with the developer to design a timetable for the completion of the permanent facility based on either the number of lots or a date and Staff would present the timetable at the October Planning Commission meeting. Mr. Reiber suggested using a percentage of houses to be completed to determine when the permanent facility should be completed. Mr. Kercheval made a motion to approve the temporary facility in the location proposed by the developer and give Staff the authority to approve the time when the permanent facility is required to be completed by working with the developer on a date not to exceed the completion of the 125 th building lot. Seconded by Mr. Reiber. Discussion before the vote: Mr. Moser stated his opinion that completion of the 125 th building lot seems too high. He is also concerned with safety issues regarding the placement of the temporary facility between the two lots. He believes that a 30% to 40% completion of houses would be more appropriate for the completion of the permanent facility. Mr. Kercheval s motion failed with Mr. Kercheval, Mr. Reiber and Mr. Wiley voting Aye and Mr. Moser, Ms. Parrish, Mr. Ecker and Mr. Anikis voting Nay. Mr. Moser made a motion to approve the temporary facility and that the build-out of the development must not exceed 30% to 40% prior to the permanent facility being completed and operational. Seconded by Ms. Parrish. Discussion before the vote: There was a brief discussion regarding the 30% to 40% build-out. Mr. Moser clarified the 30% to 40% would be the number of the building permits issued on approved lots. Mr. Kercheval recommends that a time limit should be established with the developer. Mr. Kercheval pointed out the fact that the road system within the entire development would need to be constructed in order to construct the permanent facility and does not believe this is economically feasible for the developer. Mr. Moser stated that the gas lines could be run down Kendle Road to the permanent facility. Mr. Moser s motion failed with Mr. Moser, Ms. Parrish and Mr. Ecker voting Aye and Mr. Kercheval, Mr. Wiley, Mr. Reiber and Mr. Anikis voting Nay. Mr. Kercheval made a motion to approve the temporary facility as presented on the site plan and with the permanent facility to be constructed and operational by the completion of the 125 th lot and a date to be approved by the Staff as determined by the Staff and the developer. Seconded by Mr. Reiber. The motion passed with Mr. Kercheval, Mr. Reiber, Mr. Wiley and Mr. Anikis voting Aye and Ms. Parrish, Mr. Moser and Mr. Ecker voting Nay. Ringgold Church of Christ (SP ) Ms. Pietro presented for review and approval a site plan for the Ringgold Church of Christ located along the west side of Barkdoll Road and is zoned RV Rural Village. The site plan shows the expansion of the Ringgold Church of Christ. The proposed building would be used for church services, a multi-purpose use, and classrooms. The proposed building area is 29,500 square feet and the proposed future expansion is 9,990 square feet. The total acreage of the site is 10 acres. The site will be served by individual well and septic. Lighting will be pole mounted within the parking lot. No new signs are proposed. Trash collection will be inside the facility. A bio-retention pond will provide storm water management. Parking spaces required is 206 spaces and parking provided is 209 spaces. There will be 6 employees. The hours of operation will be all day Sunday, Monday through Friday, 6:00 a.m. to 9:00 p.m. and Saturday 7:30 a.m. to 9:00 p.m. Landscaping will include Red maple, Dogwood, Redbud, Weeping Cherry and Red Pine trees. The Forest Conservation Ordinance requirement will be met by retaining 2.08 acres of existing forest on-site. All agency approvals have been received. Comments: Mr. Anikis noted that the developer will be required to seek approval from the Historic District Commission regarding the exterior appearance of the Church since it is located within a rural village. Mr. Kercheval made a motion to grant site plan approval. Seconded by Mr. Moser. Unanimously OTHER BUSINESS Mr. Thompson stated that it will be necessary to hold a special meeting for the Planning Commission to consider the rezoning cases that will be heard at the Joint Rezoning Hearing scheduled on September 18, Following a brief discussion, members agreed to hold the special meeting on Monday, October 16, 2006 at 1:00 p.m. Mr. Thompson announced that the State of Maryland s Secretary of Planning, Audrey Scott will be attending the Board of County Commissioners meeting on September 26 th for anyone interested in attending.

6 UPCOMING MEETINGS 1. Joint Public Hearing, Monday, September 18, 2006, 7:00 p.m., Washington County Court House, 95 West Washington Street 2. Regular Planning Commission meeting, Monday, October 2, 2006, 7:00 p.m., Washington County Administrative Annex, 80 West Baltimore Street ADJOURNMENT Mr. Wiley made a motion to adjourn the meeting at 9:35 p.m. Seconded by Mr. Kercheval. So ordered. Respectfully submitted, George Anikis, Chairman