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HomeMy WebLinkAbout881213 December l3, l988 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:45 a.m. by the President, Ronald L. Bowers, President, with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. ACCEPTANCE OF MAINTENANCE BOND - MANCHESTER DRIVE Motion made by Commissioner Snook, seconded by Roulette to conditionally accept the deed and maintenance bond for Manchester Drive in the Rolling Hills subdivision, Section B, in the amount of $4,475. Unanimously approved. APPROVAL OF MINUTES - NOVEMBER 29, l988 Motion made by Commissioner Irvin, seconded by Roulette to approve the minutes of November 29, l988, as submitted. Unanimously approved. AGENDA ITEMS - WESTERN MARYLAND COUNTIES MEETING Barry Teach, County Administrator, informed the Commissioners that the next Western Maryland Counties Meeting will be hosted by Carroll County on January 26 in Mt.Airy and have asked if the Commissioners have any items to be placed on the agenda for discussion. PUBLIC HEARING - AGRICULTURAL PRESERVATION DISTRICTS The meeting was convened in Public Hearing at l0:00 a.m. in order to hear comments regarding the applications for Agricultural Preservation Districts and Sale of Development Rights Easement. Stephen Goodrich, Senior Planner, reviewed each of the three applications for Agricultural Preservation Districts and the two applications for Sale of Development Rights Easement and stated that each of the properties met the criteria for inclusion in the Maryland Agricultural Preservation Program: l) AD-88-2 - Anna Louise Rowland, 2) AD-88-3 - Howard & Ann Corcoran, 3) AD-88-4 - Charles and Florene Ritchie, 4) AD-88-l - Donald & Helen Main (Sale of Development Rights Easement), and 5) Ad-86-2 - H. Lehman & Jean Toms (Sale of Development Rights Easement). Mr. Goodrich stated that the Washington County Agricultural Advisory Board recommended approval at their November 30, l988 meeting for all five applications, and the Planning Commission has also recommended approval for the three applications for Agricultural Preservation Districts. Commissioner Bowers then opened the meeting for public comments in favor of the applications. Donna Ford thanked the Commissioners for their support of the program and encouraged them to approve all of the applications. Steven Bittner, representing the Maryland Forest, Park & Wildlife Service, spoke in favor of AD-88- 2 for Anna Rowland which borders State land. Donald Main and Howard Corcoran also spoke in favor of the program. There was no one present to speak in opposition and the hearing was closed at l0:30 a.m. Motion made by Commissioner Roulette, seconded by Irvin to approve Applications AD- 88-2 for Anna Louise Rowland, AD-88-3 for Howard & Ann Corcoran, and AD-88-4 for Charles & Florene Ritchie to establish Agricultural Preservation Districts as recommended by the Agricultural Preservation Advisory Board and the Planning Commission. Unanimously approved. Motion made by Commissioner Downey, seconded by Snook to approve for submission the applications for Sale of Development Rights Easements for H. Lehman & Jean Toms (AD-86-2) and Donald & Helen Main (AD-88-l) as recommended by the Agricultural Preservation Advisory Board. Unanimously approved. TOURISM BUDGET - TRANSFER Motion made by Commissioner Downey, seconded by Roulette to approve the transfer of $l7,680 from the Fund Balance to the Tourism Budget to provide for additional staffing previously approved. Unanimously approved. UPDATE - GOLF COURSE Barry Teach updated the Commissioners on the work at the golf course. He stated the the prison crews are cleaning the fence row and will do the painting, Bob Coble has recommended removing the elevated portions of the milking barn where the equipment will be stored and which will house the Superintendent's office. MASS TRANSIT HEARING The Mass Transit Administration will hold a meeting in the Court House Annex on December 20 at 7:00 p.m. in order to hear public comments regarding the proposed commuter bus service from Hagerstown to Shady Grove. DECEMBER l3, l988 MINUTES, CONT'D. REZONING CASES - RZ-397, 398, 399, 40l & 366 (REMAND) After due consideration of the matters and facts adduced at the Public Hearing held on September l9, l988, and the comments submitted in writing within the l0 day period, the Staff Reports and Recommendations of the Planning Commission, the Commissioners took the following action. RZ-397 Applicant - Gotthand Sekula, RZ-397 requests rezoning of .47 acres located on the south side of Longmeadow Road, approximately .5 miles west of Leitersburg Pike from the existing 'RS' - Residential Suburban to 'BT' - Business Transitional. In considering the recommendation and the Findings of Fact by the Planning staff and the Washington County Planning Commission and the information as follows - the establishment of a change in the population as stated in the report; the availability of water and sewer classifications W-l, S-3 - water is available, public sewer may be available within the next 5 years; emergency services are available; public transportation - the Commuter does not currently serve in that vicinity, however, it may in the future; present and future transportation patterns - the average daily traffic count shows an increase, the road is satisfactory with regard to handling the traffic; the relationship of the proposed Change to the Adopted Plan for the County - land use policy encourages and supports commercial development by ensuring that sufficient land is reserved for commercial use to provide for shopping and service needs of the population for Washington County and this rezoning conforms to that segment of the comprehensive plan. Commercial development serving residential areas should provide neighborhood shopping needs and should serve as a focal point for providing business and professional services, which this does; in the area of Compatibility with Existing and Proposed Development - there are currently business activities within the neighborhood area in conjunction with the primary residential zoning; Change in the Character of the Neighborhood - based on the facts presented and the testimony which was heard at the Public Hearing on September l9, the County Commissioners can conclude that there has been a substantial change in the character of the neighborhood; Mistake in the Existing Zoning - there was no evidence provided that there was a mistake; Proposed Rezoning to be Appropriate and Logical - Based on the facts presented and testimony provided during the Public Hearing held on September l9, l988, the Washington County Commissioners conclude that there has been convincing testimony that the proposed rezoning is appropriate and logical for the subject property, MOTION made by Commissioner Roulette, seconded by Downey to APPROVE the rezoning as presented by the Washington County Planning Commission. Unanimously approved. RZ-398 Applicant - Greenfield Associates, RZ-398 proposes that l23.9 acres located on the east side of Hopewell road between Halfway Boulevard and Maryland Rt. l44, from existing 'A' - Agricultural to 'IG' - Industrial General. Planning Commission has recommended approval. Motion made by Commissioner Roulette, seconded by Snook that in view of the Findings of Fact by the Washington County Planning Commisison and their recommendation that the proposed rezoning is appropriate and logical and be approved and in view of the fact that in the area of Population Change there has been a change in the area with regard to growth; Availability of Public Service - the site has a priority designation of W-7, S-7 and these designations indicate that there is no planned service either for water or sewer in the next l0 years, however, there is a l6-inch water line located in the Washington County Business Park on the east side of I-8l which is contiguous to the property, there is a 24- inch water line located on Route l44 north of this site and the Doubleday site which is immediately adjacent to the north is served by public sewage system and is connected to a pumping sation, that water and sewer are readily available to this site; Emergency Services are provided by Halfway Volunteer Fire Company; Present and Future Transportation Patterns - though there is little information in the way of traffic counts on Hopewell Road, the counts that were available for l975 and l976 show a substantial increase in the volume of that traffic; secondly, Washington County has programmed improvements to Hopewell Road in the current capital improvements budget and has secured right-of-way from Doubleday and have also secured property on the corner of Rt. l44 and Hopewell for the improvement of that intersection; also, developing Finding of Fact in the Relationship of the Proposed Change to the Adopted Plan for the County - industrial development should reflect the need to attract firms which diversify the industrial mix, which are compatible with high standards of environmental quality and which will provide increased opportunities for economic mobility to the labor force, prime sites for industrial development should be identified within the Urban Growth Area and in DECEMBER l3, l988 MINUTES, CONT'D. close proximity to the Town Growth Area; and to point out that this particular site is adjacent to the Washington County Business Park; selection of prime industrial sites should be based on the following criteria: site requirements, direct access to the interstate - which this system has, absence of fragile or sensitive environmental features - which have not been determined, utilities service which has been determined as being available. Compatibility with Existing and Proposed Development in the Area - immediately to the north is the Doubleday site which contains an office building on almost l00 acres of land; and there is a contract of sale for that 7l acres and the relocation of a printing company to that site; immediately to the east is the Washington County Business Park, to the south, is the Halfway Boulevard and Hopewell Road which is currently zoned 'HI', which has commercial and industrial uses there - so it is compatible with the existing proposed development in the area. Change in the Character of the Neighborhood - based on findings of fact presented by the staff and testimony provided during the public hearing of September l9, l988, the Washington County Commissioners has concluded that there has been a substantial change in the character of the neighborhood. Based on the evidence presented, the Washington County Commissioners find there was no mistake made in the existing zoning classification. Based on the facts presented by the staff, the Planning Commisison and the testimony provided at the public hearing of September l9, l988, the Washington County Commissioners conclude that there has been a convincing demonstration that the proposed rezoning RZ-389, is appropriate and logical for the subject property, and should be APPROVED as recommended. Motion made by Commissioner Downey, seconded and accepted by Roulette to approve an amendment to the Main Motion to add the condition that the Planning Commission require extensive screening and distance area requirements in the northern portion of the tract near residential areas. Unanimously approved. The Question was called on the Main Motion as amended. Unanimously approved. James Brittain, Executive Director of the Planning Commission, noted for the record that the County is in the process of acquiring right-of-way from the Doubleday facility and has acquired right-of-way from the Jamison property. RZ-399 The applicant for RZ-399 is Tony C. Upchurch who is requesting the rezoning of l3.5 acres located east of and adjacent to MD Rt. 632 and north of and adjacent to I-70 from the existing 'RM' - Residential, Multi-family to 'BL' - Business Local. The Planning Commission has recommended Denial. Motion made by Commissioner Roulette, seconded by Irvin that based on the findings of fact, including staff and Planning Commission reports and the evidence presented at the Public Hearing of September l9, l988, that RZ-399 be DENIED. Unanimously approved. RZ-400 James Brittain, Executive Director of the Planning Commission, announced that Rezoning Case RZ-400 has been withdrawn in its entirety. RZ-40l The applicant for RZ-40l is Adna Fulton who is requesting the rezoning of .62 acres located along the west side of MD 632 at the West Oak Ridge Drive intersection from the existing 'IG' - Industrial General to 'HI' - Highway Interchange. The Planning Commission recommends approval. Motion made by Commissioner Roulette, seconded by Snook that in view of the recommendation of the Planning Staff and the Washington County Planning Commission to approve this rezoning, the following statements of fact substantiate a mistake in the original zoning: the subject site is currently not in use for industrial purposes due to its small size, the subject rezoning could not be used for industrial development purposes as it is currently zoned because of set-back requirements; the relocation of Downsville Pike in West Oak Ridge not only changed the character of the neighborhood but of the subject rezoning, the reconstruction effectively isolated the .62 acres from all business roadways and made it unusable for industrial purposes; expansion of the adjacent industrial zoned property on the subject site is completely restricted due to the lcoation of the Norfolk & Western Railroad track, the subject site is completed within the adopted Urban Growth Area; in addition, the property has both public water and sewer; reclassification from Industrial General to 'HI' would be compatible with the neighborhood , the business and residential uses allowed for in an 'HI' zone would mix with the small shopping DECEMBER l3, l988 MINUTES, CONT'D. center, the Washington County National Bank, Towne Oak Village and the Oak Ridge Apartment complex, the reclassification of the 3 properties within the immediate neighborhood of the subject rezoning signifies a change in the character of the neighborhood, all 3 rezonings were recommended for reclassification by the Planning Commission; considerable change in the character of the neighborhood due to the cumulative effect of the following changes: the relocation of Downsville Pike, the reclassification of 3 properties to commercial and residential districts and the development of the townhouse subdivision and various commercial establishments near the subject site; the subject site of RZ-40l is unable to accommodate an industrial use adequately due to its small size, the requested 'HI' is compatible with the subjects surrounding neighborhood and the County's Comprehensive Plan, the County Commissioners can conclude that there has been a substantial change in the character of the neighborhood and a mistake in the original zoning. Unanimously approved. RZ-366 (REMAND) Rezoning Case RZ-366 was remanded from Circuit Court - the applicant is Phillip J. Dolson representing the Commonwealth National Bank, requesting rezoning of l50+/- acres of land 450' north of Donneybrook Drive from the existing 'A' - Agricultural to 'RR' - Rural Residential. The Planning Commission has recommended approval of the rezoning. Motion made by Commissioner Roulette, seconded by Downey that in view of the following findings of fact that Rezoning Case RZ-366 (REMAND) be APPROVED: Population Change - a combination of Election Districts 9 and 27 show that there has been, over the last 40 years an increase in the population in the designated neighborhood; Availability of Public Facilities - the Washington County Water and Sewer Plan assigns priority designations to water and sewer service; the front one-quarter of the Wolfinger property has a W-l designation indicating water service is existing and the rear three-quarters of the parcel is W-3, meaning service could reasonably be expected within a five-year period; major improvements to the water transmission system have been approved and are currently under construction as part of the 2l0 - lot Foxleigh Meadows subdivision located to the south of the subject site. These additional improvements would extend public sewer to the site approximately from the intersection of Marsh Pike and Longmeadow Road to and within the site. Major site improvements will be necessary in order for the subject site to be served by public water; Emergency Service - Long Meadow Volunteer Fire Department provides emergency services; Schools - Evaluation of projections by the Board of Education, there is available capacity in the affected schools in the designated neighborhood; Present & Future Transportation Patterns - the County Engineer has stated previously that he has no objection to the proposed rezoning. The property has about 950' of frontage on Marsh Pike, a Minor Collector Highway, traffic counts for an extended period that would indicate trends in road use are not available for Marsh Pike, however, the sampling of densities in approved subdivisions can provide a realistic idea of the number of lots that might be expected upon development of the subject property. The subject property could generate anywhere from 400 to ll00 vehicles per day. The recently adopted Capital Improvements Program for FY l989-l994 do have projects listed which may have a bearing on the subject rezoning case. One improvement involves the addition of right-turn lanes to Longmeadow Road at the Marsh Pike/MD Rt. 60 intersection. Funding for this project is not scheduled until FY l99l. The intersection has recently been resurfaced. Compatibility with Existing & Proposed Development in the Area - the Wolfinger parcel sets on the Agricultual site of the dividing line by the farmland and high density residential zoning districts. Development in the immediate vicinity is almost exclusively agricultural or single-family homes, which is in line with the existing zoning categories. To the north on Marsh Pike, Avalon Manor Nursing Home is the only use that breaks the pattern. To the west and south, the zoning permits high densities and uses are almost exclusively residential until one nears the intersection of Longmeadow Road. Aside from occasional agricultural sounds and smells, the properties current use is not inconsistent nor in conflict with other uses in the vicinity. A change in the zoning to 'RR' would also be compatible with most uses in the area as well. From a historical perspective, there are several sites which bear reference in this rezoning request. The existing farmhouse on the subject site, as well as several other farmhouses in the area, are listed in the Washington County Historical Sites Survey. This listing makes no judgement as to the significance of identified properties. A change in zoning is not necessarily incompatible with historic dwellings. Several sites identified in the County's survey remain in the existing Spring Valley Subdivision. DECEMBER l3, l988 MINUTES, CONT'D. Relationship of the Proposed Change to the Adopted Plan for the County - in broad terms the rezoning would not be inconsistent with the Comprehensive Plan. The Plan indicates areas to be targeted for growth inside the Urban Growth Area as this parcel is. It encourages high densities to make the most of investments in infrastructure. However, the Plan in more specific terms, has the following comments which are applicable: the patterns or limits to the Growth Area should include areas experiencing suburban development and for which urban services are planned to be extended over the next 20 years which this property falls into this category; broader mix of housing opportunities should be encouraged which this rezoning would enhance; Growth areas are planned to include enough land for meeting development needs over the next 20 years and including this in the rezoning would help substantiate that order; in order to ensure that maximum use is made of public and private investments in facilities, development should be encouraged first in areas where services exist, and then in conjunction with planned extensions. Public water is available and public sewer within a reasonable distance. Change in the Character of the Neighborhood - Based on the facts presented by the staff and testimony provided at the Public Hearing of September l9, l988, the Washington County Commissioners have concluded that there has been a substantial change in the neighborhood. Absent the presentation of evidence maintaining a mistake, Washington County Commissioners find that there was no mistake in the existing zoning classification. Proposed Rezoning to be Appropriate & Logical - Based on the facts presented by the staff and testimony provided during the Public Hearing of September l9, l988, the Washington County Commissioners can conclude that there has been a convincing demonstration that the proposed rezoning is appropriate and logical for the subject property. Motion made by Commissioner Irvin, seconded and accepted by Roulette to amend the Main Motion by requiring that the demolition permits needed for RZ-366(REMAND) be brought to the Planning Commission for approval for structures identified on the Historical Sites Survey. Unanimously approved. The Question was called on the Main Motion as amended. Unanimously approved. DIRECTOR - BALTIMORE OFFICE OF THE DEPARTMENT OF COMMERCE LoRee Silloway, Director of the Baltimore office of the Department of Commerce, which represents Maryland and Washington, D.C., met with the Commissioners. She stated that the Department of Commerce is trying to attack the trade deficit at the grassroots level and that they would like to have more small and medium-size businesses exporting products. Commissioner Bowers stated that he appreciated Ms. Silloway taking the time to meet with them and he felt it would good for her to meet with the County Economic Development Commission. JOINT PUBLIC HEARING - ZONING VARIANCE - RZ-4l3 The meeting was convened in Joint Public Hearing at ll:45 a.m. with the Planning Commission to hear testimony regarding zoning variance RZ-4l3. Presiding at the hearing were Jack Byers, Chairman of the Planning Commission, and Ronald L. Bowers, President of the County Commissioners. Along with the County Commissioners, Planning Commission members present were: Bert Iseminger, Judy Acord and Ray Johns. Paul Prodonovich, Zoning Administrator, explained that due to an opinion by Judge Fred Wright which nullifies the manner in which the Board of Appeals has been rendering opinions for variances. The proposed amendment is geared to alleviate the problem encountered when the Zoning Ordinance was amended but the previous definition for "variance" was kept. The amendment would give a new definition for "variance". Under Article 25, General Powers of the Board, this section was used in order to clearly define for the Board and the applicant what will be expected of them by either proving practical difficulty or undue hardship. Francis King, Howard Corcoran, Larry Miller and Donna Ford spoke in opposition to proposed wording in the amendment. There being no one else present to comment, Mr. Byers stated that the record would remain open for a ten (l0) day period in order to receive written testimony. The hearing was adjourned at l2:05 p.m. HALFWAY PARK CONCEPT PLAN Edith Sweigert, Parks Administrator and Bill Stachoviak, Parks Planner, along with Glenn Dull, County Engineer, and Ted Wolford, Roads Superintendent, appeared before the Commissioners to discuss the proposed concept plan for an entrance and road into Halfway Park from Bower Avenue. The Commissioners discussed the design and asked Mr. Stachoviak to amend the concept and also requested that the County Administrator meet with Program Open Space officials to discuss the concept and regulations regarding a second access. DECEMBER l3, l988 MINUTES, CONT'D. LUNCH & TOUR - WASHINGTON COUNTY HEALTH DEPARTMENT The meeting was recessed at l2:30 p.m. in order to attend a luncheon and tour at the Washington County Health Department. AFTERNOON SESSION The Afternoon Session was convened at 3:25 p.m. by the President, Ronald L. Bowers, with the following members present: Vice President Linda C. Irvin, and Commissiners R. Lee Downey, Richard E. Roulette and Martin L. Snook. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 3:25 p.m. in regard to personnel, property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 4:45 p.m. Unanimously approved. TRASH PICKUP REGULATIONS Commissioner Bowers brought a complaint he received regarding trash pick-up to the attention of the other Commissioners. He stated that trash is being placed outside for pickup days in advance of the scheduled pickup time and he feels some regulations should be enacted to prevent trash being set outside until the day it is to be picked up. ROADS DEPARTMENT EMPLOYMENT Motion made by Commissioner Irvin, seconded by Roulette to promote Guy Knepper to Supervisor, Central Section and employ Zane Rowe as Motor Equipment Operator III to fill existing vacancies. Unanimously approved. EMPLOY PART-TIME FIRE & RESCUE TECHNICIAN Motion made by Commissioner Downey, seconded by Irvin to employ Ronald Hays as Part-time Fire & Rescue Communications Technician to fill an existing vacancy. Unanimously approved. TRANSFER INSURANCE FUNDS Motion made by Commissioner Downey, seconded by Irvin to transfer $l50,000 from the Workers Compensation Account to the Health Insurance Account to cover escalating medical insurance costs. Unanimously approved. ADOPT RESOLUTION - ICMA RETIREMENT CORPORATION Motion made by Commissioner Snook, seconded by Downey to adopt a Resolution for ICMA Retirement Corporation to authorize John Longmier, a previous County Administrator, to have his portion of money he contributed into this account. Unanimously approved. APPOINTMENT - LOCAL EMERGENCY PLANNING COMMITTEE Motion made by Commissioner Downey, seconded by Irvin to appoint J. Michael Boyd to the Local Emergency Planning Committee for SARA Title III Emergency Planning Requirements. Unanimously approved. ECONOMIC DEVELOPMENT COMMISSION - APPROVAL FOR ADDITIONAL EQUIPMENT The Commissioners agreed to approve the purchase of a desk and four desk chairs, ten side chairs and a computer table for the Economic Development Commission. EQUIPMENT COSTS - COUNTY ATTORNEY Motion made by Commissioner Downey, seconded by Snook to approve equipment costs for the County Attorney - $4429 for furniture and equipment, $l42 for a maintenance agreement and $225 for office supplies to be taken from the Commissioners Contingency Fund. Unanimously approved. BOARD OF EDUCATION - AGENDA ITEMS Barry Teach informed the Commissioners that a meeting has been scheduled with the Board of Education for January l0 and asked if they had agenda items for the meeting. The Commissioners asked that the meeting be held at Bester Elementary so they can see the renovtions and also to discuss use of buildings. ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 5:05 p.m. Unanimously approved. , County Attorney , Clerk