WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING AUGUST 1, 2005 The Washington County Planning Commission held its regular meeting on Monday, August 4, 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, Senior Planners Timothy A. Lung and Lisa Kelly Pietro, Associate Planners Jill Baker 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. Thompson stated that the first item under Other Business, South Pointe P.U.D. Development Plan Modification, has been withdrawn at the owner s request and removed from the Agenda. MINUTES Mr. Clopper made a motion to approve the minutes of the July 11, 2005 meeting as presented. Seconded by Mr. Moser. Unanimously approved. OLD BUSINESS Robert Cody (SV-05-017) Mr. Lung presented a variance request from Subdivision Ordinance Section 405.11.B.2 that requires all new building lots to have frontage and direct access to a public road. Mr. Cody is requesting the variance to create three new subdivision lots with access onto an existing private farm lane. The lots would front on Maryland Route 68; however, it is unusable for access due to a steep embankment along the road and sight distance limitations. The original request was presented and discussed during the July 11, 2005 Planning Commission meeting. The Planning Commission tabled the request in order to obtain additional information from Mr. Joe Kroboth, Director of Emergency Services, regarding his comments and recommendations pertinent to emergency service issues. Mr. Kroboth clarified the comments and recommendations that were made during his review of the proposed subdivision. He stated that any lane that serves three or more dwellings must be named and homes must be clearly identified with numbers. Mr. Kroboth also stated that the developer has agreed to make the necessary adjustments to the buildings and trees along the lane to provide adequate clearance for fire apparatus. During his initial review, Mr. Kroboth recommended the installation of a residential sprinkler system or a 20,000 gallon underground storage tank to provide an adequate amount of water for fire fighting purposes. He stated that the purpose of the sprinkler system is to increase the amount of escape time for residents of the dwelling in a fire situation. This recommendation is made when a dwelling location presents difficulty for fire apparatus to respond in a timely manner to that location. The purpose of the storage tank is to provide a sufficient quantity of water on-site to initiate fire operations. Comments: Mr. Moser stated that this should be considered a private road subdivision and during the 1970 s, the Planning Commission agreed to ban private road subdivisions. Mr. Ardinger and Mr. Kercheval expressed their concern that if the Planning Commission decides to impose the installation of sprinkler systems and/or storage tanks for subdivisions, they need to remain consistent throughout the approval process of all proposed subdivisions. Mr. Reiber expressed concern that the County does not have a fire safety program for rural areas to impose the installation of residential sprinkler systems or storage tanks. Mr. Moser made a motion to deny the variance because it does not comply with Section 405.11.B.2 that requires all new building lots to have frontage and direct access to a public road. Seconded by Mr. Anikis. Motion passed with Mr. Moser, Mr. Anikis, Mr. Clopper and Mr. Ardinger voting Aye and Mr. Reiber, Ms. Parrish and Mr. Kercheval voting Nay. Vista Development (PC-05-017) The Preliminary Consultation for Vista Development was presented at the July 11, 2005 Planning Commission meeting. At the request of Mr. Anikis, Ms. Wagner-Grillo provided clarification for comments received from the State Highway Administration. In the minutes of the Preliminary Consultation, it was implied that Lots 5 through 9 would be sharing one access. However, after review of the State Highway Administration s comments, it has been determined that Lots 5 and 6 would share one access, Lots 7 and 8 would share one access, and Lot 9 and the remaining lands would share one access. The minutes of the Preliminary Consultation have been revised to reflect the change.
NEW BUSINESS - VARIANCES Michael Ivosevich (SV-05-022) Ms. Baker presented a variance from Section 318 of the Washington County Subdivision Ordinance to create a stand alone simplified parcel. The applicant currently owns Lot 19 of Wildflower Meadows located on the northeast side of St. Paul Road and Fairview Road in Clear Spring. He is proposing to purchase a 1.91 acre parcel to the rear of his property to stand as its own parcel and to make this a deeded lot in the future. He does not wish to own this amount of property and is proposing to sell this parcel. A simplified parcel is required to be against abutting properties and property lines must be vacated so it will be an addition or enlargement to an existing property rather than a stand-alone simplified parcel not for development. Comments: Mr. Kercheval stated that he has spoken to Mr. Ivosevich regarding the variance request. It is Mr. Ivosevich s intention to create an easement through his property to allow access to this parcel from Fairview Road and sell this parcel for development in the future. Mr. Ivosevich stated that the current owner of the property is not willing to allow him the time to create the access easement before selling the property. If Mr. Ivosevich vacates the property line, he would not be able to resubdivide this property due to new rural rezoning guidelines. Mr. Clopper made a motion to deny the variance request. Seconded by Mr. Moser. Clarification before the vote: The motion to deny the variance does prohibit, in this case, Mr. Ivosevich to acquire the land-locked parcel at his own risk and request a variance for a right-of-way in the future. The motion failed with Mr. Clopper and Mr. Moser voting Aye and Mr. Anikis, Ms. Parrish, Mr. Reiber and Mr. Kercheval voting Nay. Mr. Kercheval made a motion to approve the variance request. Seconded by Mr. Anikis. Motion passed with Mr. Kercheval, Mr. Anikis, Ms. Parrish and Mr. Reiber voting Aye and Mr. Clopper and Mr. Moser voting Nay. - SUBDIVISIONS Potomac Edison Company (S-05-084) Mr. Lung presented for review and approval the preliminary/final subdivision plat for property formerly known as Potomac Edison Lot 4, now known as Lot 4, Friendship Technology Park. The property is located in Friendship Technology Park at the northeast corner of Downsville Pike and Rench Road and is zoned ORT Office Research and Technology. The developer is proposing to create a 29.4 acre lot with no development proposed at this time. There is approved access onto Rench Road. Public water is available to this site via an existing line in Rench Road. Public sewer is located in the area at an existing pump station on Maryland Route 632 (Downsville Pike); however, according to the Department of Water Quality, extensive infrastructure improvements and extension of infrastructure would be required to serve this lot with public sewer. Prior to any development on this lot, a site plan will be required for approval by the Planning Commission. The property is adjacent to the Mountainside Teleport site located on Lot 1. There are deed easements associated with Mountainside Teleport that extend onto this property and create height restrictions and a no-build zone on this site. An approved Forest Stand Delineation shows no existing forest or priority areas on the site. The developer is requesting payment in lieu of in the amount of $19,166.40 to meet Forest Conservation requirements. All agency approvals have been received except the Health Department. Discussion: Mr. Moser is opposed to the payment in lieu of to meet the Forest Conservation requirement. He stated that sensitive areas are present on other sites within the Friendship Technology Park and should be planted. Mr. Moser made a motion to approve the preliminary/final subdivision plat. Seconded by Mr. Anikis. Unanimously approved. Mr. Moser made a motion to deny the payment in lieu of to meet the Forest Conservation requirement. Seconded by Mr. Anikis. Discussion before the vote: Mr. Kercheval expressed his opposition to the motion stating that this property is specifically zoned for economic development that would bring valuable jobs to the County. He does not believe that limitations should be placed on this site that may hinder development and economic growth. The motion failed with Mr. Moser and Mr. Anikis voting Aye and Mr. Reiber, Mr. Clopper, Ms. Parrish and Mr. Kercheval voting Nay. Mr. Clopper made a motion to approve the payment in lieu of to meet the Forest Conservation requirement. Seconded by Mr. Reiber. The motion passed with Mr. Clopper, Mr. Reiber, Mr. Kercheval and Ms. Parrish voting Aye and Mr. Moser and Mr. Anikis voting Nay.
- SITE PLANS A C & T Company Super 8 Hotel Addition (SP-05-031) Mr. Lung presented for review and approval a site plan for the A C & T Super 8 Hotel addition located at the intersection of Halfway Boulevard, Hopewell Road and Blake Road. The property is zoned HI-1 Highway Interchange 1. The developer is proposing a two-story addition to the existing motel with 58 new rooms for a total of 21,728 square feet with additional parking. Parking required is 123 spaces and 128 spaces are provided. The developer is also proposing a new bio-retention type storm water management pond. The site is served with public water and sewer. An additional 5,800 gallons of sewer flow per day will be required. Enlarged turning radii in the parking lot and a dedicated turnaround area for fire apparatus has been provided. The Forest Conservation requirement was met by payment in lieu of during the subdivision process as approved by the Planning Commission at that time. Additional landscaping is proposed in the parking areas and around the bio-retention pond. All agency approvals have been received. Mr. Moser made a motion to approve the site plan. Seconded by Mr. Clopper. Unanimously approved. Hagerstown Korean Church (SP-05-036) Mr. Lung presented for review and approval a site plan for the Hagerstown Korean Church located along the north side of Mt. Aetna Road. The site is 1.6 acres and is zoned BG Business General. The owner has been granted a special exception use from the Board of Zoning Appeals to allow a church in the BG zoning district. Parking required for the church s seating capacity of 35 persons is 7 spaces and 13 spaces are provided. The Board of Zoning Appeals required additional screening for adjacent properties, retention of the existing fence, and lighting shall be shielded to prevent glare onto adjacent properties. Public sewer and a well will serve the site. All agency approvals have been received. Discussion: Mr. Lung stated that a site plan was previously submitted and approved in 1994 to establish a senior housing facility at this location. At that time, a 2-inch water line in Mt. Aetna Road was not of sufficient size to extend to this property; however, the water line was upgraded to an 8-inch line in 1999 and ends at Hillside Drive which is located approximately 200 feet from the Church property. Upon granting the special exception use, the Board of Zoning Appeals suggested that the Church connect to the public water line. In 1994, site plan approval was granted contingent upon the water from the well being tested on a quarterly basis. Mr. Lung stated that the Church intends to use the well for their water supply. Mr. Cump stated that the owner would connect to public water if the line were extended to their property. Mr. Moser made a motion to approve the site plan contingent upon the owner connecting to public water when it becomes available to the property and quarterly testing of the water. Seconded by Mr. Anikis. Comment: Mr. Reiber stated, that in his opinion, quarterly testing of the water is excessive because of the size of the congregation and the weekly use and suggested a bi-annual testing of the water. The motion was not amended. The motion passed with Mr. Moser, Mr. Anikis, Mr. Reiber, Ms. Parrish and Mr. Clopper voting Aye and Mr. Kercheval voting Nay. San Mar Children s Home Addition (SP-05-038) Mr. Lung presented for review and approval a site plan for an addition to the San Mar Children s Home campus located along Maryland Route 66 south of Mapleville. The property is zoned A Agriculture. The owner is proposing to construct a single-story group home building, 93 feet by 65 feet. Additional parking will be provided with landscaping. A new storm water management pond is proposed. An on-site water system currently supplies San Mar Children s Home and the Fahrney-Keedy retirement community and will also serve the addition. An on-site septic system will serve the site. All agency approvals have been received except the Health Department. Mr. Kercheval made a motion to approve the site plan contingent upon Health Department approval. Seconded by Mr. Moser. Unanimously approved. - PRELIMINARY CONSULTATIONS Lillian M. Kriner Estates (PC-05-018) Ms. Pietro presented for review and comment the Preliminary Consultation for Lillian M. Kriner Estates located along the west side of Ashton Road. The developer is proposing 10 single-family residential lots on approximately 16 acres. The property is zoned A Agriculture. No action required. Williamsport Ventures, LLC (PC-05-019) Mr. Goodrich presented for review and comment the Preliminary Consultation for Williamsport Ventures, LLC located along the south side of Sterling Road, east side of Doub Road and north side of Kendle Road. The developer is proposing a PUD with 1267 residential units on 328.16 acres. The property is currently zoned A Agriculture; however, the developer is proposing a PUD overlay zone. The developer
is proposing 243 single-family units on 7,500 square foot lots, 150 single-family units on ¼ acre lots (approximately 10,000 square feet), 766 townhouse units and 108 condominiums. A traffic impact study will be required by the Washington County Engineering Department. A linear park is proposed along the main road of the development; however, the Engineering Department does not want the park located within their right-of-way and has recommended that the park be relocated. The Department of Water Quality has stated that all infrastructures necessary to serve this development will be the responsibility of the developer. Sewer allocations for this development may be limited to 50 units per year due to limited sewer capacity. Application to the Annexation Review Committee will be required for the City of Hagerstown Water Department to give approval for development on this site. The Halfway Volunteer Fire Company and the Williamsport Volunteer Fire Company will require access boxes with keys and recommends that the entire road is built all at one time. Approximately 50 acres has been reserved for a proposed school site. The developer must comply with all applicable sections of the Zoning Ordinance and must be specific in identifying the zoning requirements that need to be modified (i.e. lot area, setbacks, etc.). Future street connections to adjacent properties on the east and west sides of the development is recommended. The Historic District Commission has recommended retention, rehabilitation and reuse of the dwelling and farm complex (site #WA-I-017) located on the Ebersole parcel. The Forest Conservation requirement will be met by on-site retention. Comments: Mr. Jeremy Rutter of Heritage Land Development noted that the linear park will consist of berms that shield traffic and headlights from homes, sidewalks and park benches. The linear park will transport pedestrians as well as traffic. Mr. Kercheval noted that adequate buffering along the agricultural easement needs to be addressed. Infrastructure to the school site should be started early in the build-out process. No action required. - OTHER BUSINESS Christopher and Kara Dao, P.U.D. Modification Ms. Baker presented for review and approval a P.U.D modification request for Lot 16, Woodbridge P.U.D. Subdivision located along Rolling Green Place. The property is approximately.44 acres and is zoned RS Residential Suburban with a P.U.D overlay. The owner is requesting a reduction to the rear yard setback requirement from 40 feet to 8 feet to construct a deck. Mr. Kercheval made a motion to approve the modification request contingent on a signed letter from all contiguous property owners stating their approval of the deck location with regard to property lines. Seconded by Mr. Reiber. Unanimously approved. Rezoning Case RZ-05-003 Edwards Investment Company Ms. Baker stated that she had no further comments to add to the Staff Report and Analysis Following the Public Hearing for the map amendment for Edwards Investment Company. The public hearing was held on June 13, 2005 and the after hearing analysis was included in the Agenda packet for the Planning Commission members review. The rezoning application is to rezone the property located along the west side of Hopewell Road, adjacent and south of Interstate 70 from the current HI-1 Highway Interchange 1 to HI-2 Highway Interchange 2 zoning classification. Mr. Clopper made a motion to recommend approval to the Board of County Commissioners for the rezoning request for RZ-05-003 based upon a determination that a mistake was made in the 1995 rezoning of the property and that the request was logical, appropriate and consistent with the Comprehensive Plan. Seconded by Mr. Reiber. Unanimously approved. Mr. Kercheval abstained. Rezoning Case RZ-05-005 David Lyles Developers Mr. Goodrich corrected the following statement as written in the Staff Report and Analysis Following the Public Hearing on page 3, that the properties on both sides of the rezoning site are also zoned RS but have churches built on them. He noted that a church is built on only the property located on the east side of the site. The property located on the west side of the site is owned by a church; however, a church building is not present on the property. The public hearing was held on June 13, 2005 and the after hearing analysis was included in the Agenda packet for the Planning Commission members review. The rezoning application is to rezone the property located on the north side of Leitersburg Pike near the Northbrook subdivision from the current RS Residential Suburban to BL Business Local. Mr. Anikis made a motion to recommend denial to the Board of County Commissioners for the rezoning request for RZ-05-005. The request would create the spot zoning of a commercial property within a residential area, it is not consistent with the Comprehensive Plan, and he supports Staff s findings as stated in the Staff Report. Seconded by Mr. Moser. The motion to recommend denial was unanimously approved. Mr. Kercheval abstained.
Rezoning Case RZ-05-006 Maryland Homes CB, LLC Ms. Pietro stated that she had no further comments to add to the Staff Report and Analysis Following the Public Hearing for the map amendment for Maryland Homes CB, LLC. A public hearing was held on June 13, 2005 and the after hearing analysis and a map showing the acreage breakdown for the Hekbel properties, as requested by Commissioner Snook, was included in the Agenda packet for the Planning Commission members review. The rezoning application is to rezone the property on the west side of Massey Boulevard, northwest of Virginia Avenue from the current BG Business General to RM Residential Multi-family zoning classification. Ms. Pietro stated that a full traffic study for the area around this development will be required by the Washington County Engineering Department. Due to concern expressed by area residents regarding the proposed roadway, Mr. Anikis recommended a neighborhood meeting for area residents to review the proposed roadway plans. Ms. Pietro also stated that she has spoken to the State s Bomb Squad regarding Mr. Stephens explosives and contracting business located at his home on Beckley Avenue. This business is several hundred feet from current RM zoned lands that are adjacent to the subject zoning. The Bomb Squad stated that this issue would need to be resolved between Mr. Stephens and the developer. However, when homes are constructed in the proposed development, Mr. Stephens may be in violation of setback requirements set by the State. Constructing a magazine to house the explosives with a berm around the magazine can reduce the setbacks. Mr. Kercheval requested that a note be added to the Staff Report and Analysis addressing this issue. Mr. Clopper made a motion to recommend approval to the Board of County Commissioners for the rezoning request for RZ-05-006 based on a mistake made in the current zoning and that the request was logical, appropriate and consistent with the Comprehensive Plan. Seconded by Mr. Moser. Unanimously approved. Mr. Kercheval abstained. Rezoning Case RZ-05-007 Heidi Mackley Ms. Wagner-Grillo stated that she had no further comments to add to the Staff Report and Analysis Following the Public Hearing for the map amendment for Heidi Mackley. The public hearing was held on June 13, 2005 and the after hearing analysis was included in the Agenda packet for the Planning Commission members review. The rezoning application is to rezone the property on the southeast corner of the intersection of Maryland Route 40 and Mount Aetna Road from the current RU Residential Urban to BG Business General zoning classification. Comments: Mr. Anikis stated he believes rezoning this property will create spot zoning and will increase commercialization of a residential area along the Dual Highway. Mr. Moser stated that he feels that rezoning this property will contribute to the existing traffic problems in this area. He also feels that Mt. Aetna Road is a logical transition point between the commercial and residential areas along the Dual Highway. Mr. Reiber does not feel this would create spot zoning since the property is adjacent to existing commercial properties. Mr. Reiber made a motion to recommend approval to the Board of County Commissioners for the rezoning request for RZ-05-007 based on the fact that the property is located adjacent to an existing commercial area. Seconded by Ms. Parrish. The motion failed with Mr. Reiber and Ms. Parrish voting Aye and Mr. Anikis, Mr. Clopper and Mr. Moser voting Nay. Mr. Kercheval abstained. Mr. Clopper made a motion to recommend denial to the Board of County Commissioners for the rezoning request for RZ-05-007 based on a determination that there has been a change in the neighborhood; however, the request is not logical or appropriate due to the proximity of the property to other residential properties in the area. Seconded by Mr. Moser. The motion passed with Mr. Clopper, Mr. Moser and Mr. Anikis voting Aye and Mr. Reiber and Ms. Parrish voting Nay. Mr. Kercheval abstained. - UPCOMING MEETINGS 1. Planning Commission Workshop meeting, Thursday, August 4, 2005, 1:00 p.m., Washington County Administrative Annex. 2. Planning Commission Regular meeting, Monday, September 12, 2005, 7:00 p.m., Washington County Administrative Annex. 3. Joint Rezoning Hearing, Monday, September 19, 2005, 7:00 p.m., Washington County Courthouse, Room #1. - ADJOURNMENT Mr. Anikis made a motion to adjourn the meeting at 10:00 p.m. Seconded by Mr. Reiber. So ordered. Respectfully submitted, Don P. Ardinger, Chairman