1 WASHINGTON COUNTY PLANNING COMMISSION REGULAR MEETING - January 5, 2004 The Washington County Planning Commission held its regular meeting on Monday, January 5, 2004 in the County Administrative Annex Conference Room. Members present were: Paula Lampton, Chairperson, R. Ben Clopper, Bernard Moser, George Anikis and Ex-Officio, James F. Kercheval. Staff: Interim Planning Director, Stephen T. Goodrich; Senior Planners, Timothy A. Lung and Lisa K. Pietro; Associate Planner, Jill L. Baker and Administrative Assistant, Sandy Coffman. Don Ardinger was absent. CALL TO ORDER The meeting was called to order by the Chairperson at 7:00 p.m. Before proceeding with old business, Mr. Goodrich stated that a site plan for Harries Millwork, will be added to the agenda and that the application for Gary Slaughter, under Other Business, would be omitted. He also stated that the staff report for RZ-03-002, Keedysville Land Company, had not been finalized and that the staff report for RZ-03-006, James & Beth Tribble, was distributed prior to the meeting. No action will be taken on RZ-03-002 and RZ-03-006. MINUTES Mr. Kercheval made a motion to approve the minutes for the regular meeting of September 8, 2004, as amended. Seconded by Mr. Anikis. Unanimously approved. Mr. Kercheval made a motion to approve the minutes of the regular meeting of October 6, 2004 with a review of the tape, for clarification on the tot iot equipment, for St. James Village North PUD. Seconded by Mr. Clopper. Unanimously approved. OLD BUSINESS Whistling Hills Ms. Lampton stated that the Planning Commission had tabled a site plan for Whistling Hills at the December 2003 meeting, to allow time for the Members to visit the site and meet with the applicant and a representative from the Department of Natural Resources. Once again, Ms. Baker provided an overview of the site plan. The plan is for a wildlife preserve and, as defined by the State, a regulated shooting area. The site is located on the west side of Maryland 66, aiso known as Mapleville Road, on lands owned by Joe Michael. The site is approximately 137 acres and is zoned Agricultural. The former Zoning Administrator, Paul Prodonovich, determined the proposed use was permitted. Ms. Baker stated that the adjoining properties, owned by Robert Michael and Randolph Kind, are included in the wildlife preserve permit and will help to buffer the actual wildlife preserve. She further explained the location of the different phases of the adjacent subdivision of Meadows Green and how the phases will relate to the wildlife preserve. Ms. Baker stated that the site plan has met all of the Ordinance requirements. The only outstanding agencies are the Health Department and the Soil Conservation District and their approvals are anticipated in the near future. Mr. Michael was present and presented a chronology report of the regulated shoots and additional supporting documents for the record. Mr. Michael stated that, pursuant to the discussions during the site visit, a sign will be placed 150 yards from each completed neighboring house in the Meadows Green subdivision, which will state: "Safety Zone No Hunting Beyond this Point Occupied Residence Nearby." He also explained that he requires his guest to use shot gun pellets that are limited in size to a #6 or a #4 steel shot and if the pellets were to stray, the shot wouid not travel with any impact past 150 yards. The use of steel pellets also alleviates COnCernS about lead contamination. The direction of the bird flights are controlled, in a direction that is opposite from the residences in the adjacent subdivision. He also explained that the majority of his guests participate in "continental" or "driven" shoots, where the guest is stationary and supervised. Mr. Michael expiained that he also routinely gives a safety lecture before each session of hunting and volunteer safety marshals are used to supervise the participants. The safety marshals and guests are known to Mr. Michael and the hunts are not open to the general public. Mr. Michael confirmed that his property line is identified with the required DNR hunting signs, which are bright yellow and placed every 50 yards (Exhibit E). The signs have been inspected and Mr. Michael stated that he would maintain the postings. Ms. Lampton questioned the term "blue sky." Mr. Michael explained that the idea is to present a bird over a tree barrier, all the trees are approximately 40' high, so in order for the shot to be safe, all participants are instructed, ahead of time, that there needs to be "blue sky" behind the bird. Ms. Lampton also questioned the frequency of the hunts in a given year. Mr. Michael referred to the chronology of events, which also outlined the number of hunts that occurred since the wildlife preserve's inception in 1999. Mr. Michael commented that this season he has conducted 2 hunts and plans to conduct three more. Mr. Kercheval stated there was some discussion on an aerial photo being posted at the entrance of the property. Per DNR guidelines, it should be posted at all times. Mr. Michael stated that a laminated aerial photo is posted at the entrance, prior to the hunting events, and agreed to permanently post the photo. Ms. Lampton thanked Mr. Michael for working with the Planning Commission to address their concerns. Mr. Moser moved to grant site plan approval contingent upon agency approvals. Seconded by Mr. Anikis. Unanimously approved. 2 NEW BUSINESS - VARIANCES: Terry Baker Ms. Pietro presented for review and approval a variance request for Terry Baker. The subject site is located along the north side of National Pike, west of Clear Spring. The property is zoned Conservation. The total tract is 21 acres. Currently, there are three existing older mobile homes on the property. Mr. Baker had submitted a plan to subdivide two lots without public road frontage, which was denied and appealed to the Board of Zoning Appeals. The Board of Zoning Appeals suggested that the property be divided into four lots, to provide each mobile home with its own lot and frontage. Mr. Baker's consultant redesigned the plan and thus the reason for the variance request. The plan is for four panhandles side by side but only two panhandles are permitted under the Ordinance. Two of the panhandles are in excess of 400' and the plan also creates the stacking of five tiers. As stated in Mr. Baker's letter, he wishes to convey two of the lots to his twin daughters, the mobile home will remain on the third lot for a disabled cousin, and the fourth lot will be the remaining lands for the owner. Mr. Baker was present and confirmed that the mobile homes do have wells and septic systems, and that new well and septic areas will be installed in the future when new homes are constructed. Mr. Goodrich stated that four lots using one driveway is not consistent with subdivision design requirements and if the Planning Commission were to approve the variance request, permission to allow four lots to use one driveway should be included. Ms. Pietro suggested that the lots could share the same lane with two-shared access points, subject to an approval from the State Highway Administration. Mr. Anikis made a motion to grant the variance request, subject to State Highway Administration's approval and any other outstanding agency approvals that would be necessary. Seconded by Mr. Clopper. Motion carried with Mr. Anikis, Mr. Clopper, Mr. Kercheval and Ms. Lampton voting "aye" and Mr. Moser voting "nay." Daugherty Property - Panhandle Length Ms. Baker presented for review and approval a variance request for the Daugherty property. Some additional correspondence from the residents, of the adjacent Bent Willow subdivision, was received today and distributed to the Members. As reiterated in the memorandum to the Planning Commission members, this property was the subject of a variance request presented at the December 2003 regular meeting. A variance request was previously approved by the Planning Commission, for panhandle lengths that exceeded 400' for lots 1 and 2. Lot 3 was not part of the previous variance request because it was denied, as a lot without public road frontage, and it did not meet the criteria for an exemption in the Subdivision Ordinance. Since the December meeting, the developer has redesigned the three lots to provide each lot with road frontage to Stone Row Lane. The variance request is for the panhandle length for each of the three lots, and also a variance for the panhandle width. The proposed panhandle width is 16' and 25' is required. The third variance is for the number of panhandles stacked together. Only two are permitted and three are proposed. A shared driveway is also proposed. Mr. Weikert, consultant, of Fox & Associates, stated that the redesign presents the opportunity to abandon the old farm lane that used to serve the property. Mr. Moser questioned if the driveway would be paved. Mr. Weikert stated that, given the quality of houses proposed, he believed the lane would be paved. Mr. Clopper questioned why the developer did not extend the public road back to lot 1 and lot 2, which would present only one panhandle. Mr. Weikert stated that 400' of public road with a cul"de-sac would have to be maintained for three very expensive homes, which would also require the developer to eliminate a septic reserve area and the plan would be back to two lots with two panhandles. A discussion followed. Ms. Baker stated that a 3-dot intermittent stream runs through the property and the proposed driveway would cross the stream.