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HomeMy WebLinkAbout911210 December 10, 1991 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Richard E. Roulette, with the following members present: Vice President Ronald L. Bowers, and Commissioners Linda C. Irvin-Craig, Gregory I. Snook, and John S. Shank. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. CONDITIONAL SUBDIVISION STREET ACCEPTANCE Motion made by Commissioner Bowers, seconded by Shank, to conditionally accept 4l0' of Robin's Glenn Drive and 240' of Christin's Circle in Section A of the Robin's Glenn Subdivision and to accept an $l8,000 Performance Bond for a one-year period. Unanimously approved. Motion made by Commissioner Snook, seconded by Bowers, to conditionally accept the first 600' of Londontowne Drive located in Section B of the Fairway Meadows Subdivision and to accept a Performance Bond in the amount of $8,000 to cover one Lot, No. 24, for a Use & Occupancy Permit until concerns regarding stormwater management are addressed by the developer of the subdivision. Unanimously approved. BOARD/COMMISSION REPORTS Commissioner Irvin-Craig reported on the Historic District Committee meeting and the Task Force on Homelessness meeting; Commissioner Snook reported on the Airport Commission meeting; and Commissioner Shank reported on the Parks Board meeting. APPROVAL OF MINUTES - NOVEMBER 26, 1991 Motion made by Commissioner Irvin-Craig, seconded by Shank, to approve the minutes of November 24, l99l, as corrected. Unanimously approved. CLOSING OF ANTIETAM DRIVE Barry Teach, Administrator, informed the Commissioners that one letter has been received in opposition to the closing of Antietam Drive in the ten day period following the public hearing held on November 26, l99l, to consider the closing of this road. Motion made by Commissioner Irvin-Craig, seconded by Shank, that the Commissioners communicate to the State of Maryland that they are not closing Antietam Drive and to request they deny the request made by CSX Railroad to close the crossing. After discussion, the question was called and the Motion died with Commissioner Irvin-Craig "AYE" and Commissioners Bowers, Shank, Snook, and Roulette voting "NO". Motion made by Commissioner Shank, seconded by Bowers, in light of the commitment made by the former Board of County Commissioners, to close Antietam Drive as agreed upon and as per the agreement with CSX Railroad. Motion passed with Commissioners Bowers, Shank, Snook and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO". AMENDMENT TO ANIMAL ORDINANCE Motion made by Commissioner Shank, seconded by Snook, to amend Section 40 - Civil Monetary Penalty, of the Animal Ordinance to increase the $l0 penalty to $50 if not paid within 30 days, and to $75 if not paid within 60 days, and if collection proceedings are required in District Court for collection of the penalty, that an attorney's fee of $l75 be imposed to cover the cost of collection. Unanimously approved. APPOINTMENT - CONVENTION & VISITORS BUREAU Motion made by Commissioner Shank, seconded by Bowers, to appoint Chris Settelen to the Convention & Visitors Bureau to fill the unexpired term of Tamara Watson, representing the Wellesley Inn, extending to March l4, l992. Unanimously approved. ANIMAL HEALTH LAB - REQUEST FOR FUNDING Barry Teach, Administrator, asked the Commissioners how they wished to proceed regarding the request from the Frederick County Commissioners that Washington County provide ll.7%, or $26,325, to help fund the new Animal Health Lab overruns. Mr. Teach explained that the percentage is based on the amount of service provided to County residents. The Commissioners asked that more information be provided and also input from the Farm Bureau on the services which the Animal Health Lab provides to them, before they make a decision. DECEMBER 10, 1991 MINUTES, CONT'D. REAPPOINTMENTMARTY L. SNOOK MEMORIAL PARK POOL MANAGEMENT COMMITTEE - Motion made by Commissioner Bowers, seconded by Shank, to reappoint Ed and Sandy Hess and Edwina McCauley to the Marty L. Snook Memorial Park Pool Management Committee for 2 year terms. Unanimously approved. DEPARTMENT OF SOCIAL SERVICES EMERGENCY FUND Barry Teach, Administrator, reviewed a letter from the Department of Social Services requesting an additional appropriation of $l0,000 for their Emergency Fund which they need to maintain the current level of $75/family contribution in emergency situations. Mr. Teach explained that this fund is used to provide emergency funding for utilities, rent and medicine. Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve a one-time appropriation of $l0,000 to the Department of Social Services Emergency Fund to be taken from the Commissioners Contingency Fund, which will not increase their base line budget for the next fiscal year. Unanimously approved. REVIEW OF FOCUS RECOMMENDATIONS - LAND USE & GROWTH COMMITTEE REPORT Gary Rohrer, Chief, Division of Planning & Codes Administration, provided a response to the recommendations made by the FOCUS Land Use & Growth Committee report in their publication "Shaping Our Future", as requested by the Commissioners. Mr. Rohrer gave a detailed report from the County's staff for each recommendation made by the FOCUS committee. The Commissioners thanked him for providing this report. CHANGE ORDER - COURT HOUSE PROJECT The Commissioners decided not to fund a proposed change for additional work in the offices for the new judge since the project is currently over the budgeted contingency fund. BID OPENING - INSURANCE FOR VOLUNTEER FIRE & RESCUE COMPANIES The bids for insurance for the volunteer fire and rescue companies were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Stine, Davis & Peck - $206,64l (an Optional Quote for making one policy was given which was not per bid specifications - $l98,84l); Wright-Gardner Insurance - $220,476; and Robert S. Cochran & Associates - $2l8,208. The bids will be reviewed by appropriate officials prior to a decision being rendered. TRANSPORTATION ADVISORY COMMITTEE - RECOMMENDATION FOR EASTERN BOULEVARD The Commissioners considered a recommendation of the Transportation Advisory Committee to raise speed limits on Eastern Boulevard from 35 mph to 40 mph. The Commissioners had several concerns regarding children crossing Eastern Boulevard in order to ride the school bus and for additional posting of advisory speed signs for curves, etc. The Commissioners took this matter under advisement at this time until additional information is obtained from the Board of Education. CITIZEN PARTICIPATION Suzanne Hayes, Co-Chairperson of the Land Use and Growth Area Committee of FOCUS, shared concerns that through the process of editing, the full thought process of her committee was not contained in the published report. She stated that the report was intended to be a positive and collaborative endeavoer and this Committee would like to continue their review with the County agencies. Dennis Brown appeared before the Commissioners to recommend that the County consider taxing tip jars. He stated that he feels this is a resource which should be tapped into and the revenue would help the County with its financial situation. Paula Worthington, resident of the Beaver Creek area, expressed her concerns regarding Clean Rock Industry's intention to locate in that area. She stated that it is an inappropriate site for Clean Rock and feels they should located in an industrial area. Greg Price, Chief of the Williamsport Volunteer Fire Company, informed the Commissioners that he was chairman of the committee of the Washington County Volunteer Fire & Rescue Association which developed the equipment standards presented at last week's meeting and he would be happy to answer any questions regarding the standards. He also stated that the standards presented are the same as the State of Maryland's standards with minor modifications. Commissioner Roulette addressed remarks to the residents present from Cherry Tree Lane regarding the grid numbering system and the history of the program. He reviewed the process used in the decision to change sound alike and duplicate road names and the reasons for the changes. DECEMBER 10, 1991 MINUTES, CONT'D. Walter Clark, ll2 Cherry Tree Lane, delivered a petition signed by the majority of residents on Cherry Tree Lane to protest the decision to rename their street. Mr. Clark disagreed with the Planning Commission's assessment that Cherry Tree Drive and Cherry Tree Circle are one street since they are connected, and therefore have more residents than Cherry Tree Lane. He stated that Cherry Tree Lane has 47 residents, Cherry Tree Circle has 34 residents, and Cherry Tree Drive, l9. Steve Goodrich, Senior Planner, and Ary VanSteamburg, Grid Technician, answered that the street with the fewer number of residents is the one which is changed, and they consider Cherry Tree Circle and Cherry Tree Drive one entity with 53 residents, which was why the decision was made to change the name of Cherry Tree Lane. John Healey, l0l Cherry Tree Lane, stated that he feels it is unfair that Cherry Tree Lane is being changed. Greg Price, Chief of the Williamsport Volunteer Fire Co., stated that he has not received notification of this change. Ms. VanSteamburg stated that the notifications will be sent sometime next week. After further discussion, the Commissioners agreed to take this matter under consideration. RECESS - LUNCH The Commissioners recessed at l2:20 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at l2:55 p.m. by the President, Richard E. Roulette, with the following members present: Vice President Ronald L. Bowers, and Commissioners Linda C. Irvin-Craig, John S. Shank and Gregory I. Snook. REZONING AMENDMENTS - RZ-91-18, RZ-91-19, RZ-91-20, RZ-91-7, RZ-91-8, RZ-91-14, RZ- 91-15 AND RZ-91-17 RZ-91-18 Motion made by Commissioner Bowers, seconded by Shank, to APPROVE Rezoning Text Amendment RZ-91-18, which amends Section ll.0 for Business Local "BL" Zone, Section l2.0 for Business General "BG" Zone, and ll0.0 for Business Transitional "BT" Zone entitled "Purpose", as presented, but to retain the sentence "uses that generate high traffic or that may create adverse conditions for neighborhood residential property are not intended for this District" for the BT District. Unanimously approved. RZ-91-19 Motion made by Commissioner Snook, seconded by Bowers, to APPROVE Rezoning Text Amendment RZ-9l-l9 to amend Section 26.l - Violations, Penalties, Continuing Offenses, as presented, which increases the fine for violations from not more than $100 to not more than $l,000. Unanimously approved. RZ-91-20 Motion made by Commissioner Shank, seconded by Bowers, to APPROVE Rezoning Text Amendment RZ-9l-20 to amend Section 23.3 to add Section (d) to allow that if attached to the dwelling, a one story open deck without a roof may extend into the required rear yeard not more than the percentage for each zoning district listed. Unanimously approved. RZ-91-7 Motion made by Commissioner Snook, seconded by Shank, to accept the definition of neighborhood and the following Findings of Fact presented by the County Attorney for RZ-91-7, together with the report and recommendations of the Planning Commission. Unanimously approved. The Board of County Commissioners of Washington County, Maryland, in accordance with Section 27.3 of the Zoning Ordinance of Washington County, makes the following findings of facts in Case No. RZ-91-7. (a) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission voted on July 1, 1991 to recommend APPROVAL of the rezoning of property owned by Ewing Oil Company, Inc. The Commission's decision was rendered upon consideration of testimony given at the public hearing on March 11, 1991, all correspondence received in lieu of public testimony during the ten day period following the hearing, and staff reports dated February 20, 1991 and April 15, 1991. The Planning Commission adopted the DECEMBER 10, 1991 MINUTES, CONT'D. staff's findings of fact as the Commission's findings of fact pursuant to Section 27.3 of the Zoning Ordinance of Washington County. The recommendation was based on the Commission's opinion that there was a mistake in the original zoning and a BG zoning classification should have been established during the initial comprehensive zoning in 1973. (b) Population change in the area of the property change. The proposed rezoning is located in Election District 9 (the Leitersburg Election District), and has increased 138.3% between 1940 and 1980. The population in this District is expected to increase an additional 11% by the year 2000. In 1980, the population was 3,070 which was a 35.4% increase from 1970 when it was 2,267. The estimated population in 1990 is 3,290. (c) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designates the subject property as W-7 and S- 7, meaning that there is no planned service of public facilities for the subject area. Fire protection is provided by the Leitersburg Volunteer Fire Company to this site, and emergency medical service is provided by the Smithsburg Emergency Medical Service. The area is not served by the County Commuter. The subject site is within the school districts of Old Forge Elementary School, Smithsburg Middle School, and Smithsburg High School. A reclassification of this property to Business General would not have an impact on the schools. (d) Present and future transportation patterns in the area. The rezoning site is located along the northwest side of Maryland Route 60 approximately 800 feet northeast of its intersection with Maryland Route 62. The State Highway Administration Traffic Volume Map indicates that there was a 9,475 A.D.T. recorded at the Maryland Route 60 and Maryland Route 62 intersection in 1988. The County Engineer indicates that his office takes no exception to the proposed rezoning. (e) Compatibility with existing and proposed development in the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. At the present time, the subject site is classified as Rural Residential. Located to the southwest of the site is an Exxon Gas Station and a two-story single-family house, both of which are zoned Rural Residential. To the west and across the Antietam Creek is a 121 acre farm owned by Ivan Diller classified as Agricultural. All other sites in the immediate area are classified Rural Residential. A change in the zoning classification from Rural Residential to Business General does not appear to be incompatible with existing development in the immediate area, although some of the permitted uses in the BG District would conflict with existing single-family residence predominant to the immediate southwest and to the east. (f) The relationship of the property change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject property is located within the Rural/Agricultural area set forth in the Comprehensive Plan for Washington County, and the Comprehensive Plan encourages the preservation of agricultural land, open space, and natural resources within this designated area. It is not within an Urban and Town Growth Area. The Plan provides that where substantial development is proposed for a parcel of land within the Rural/Agricultural Area, a standardized set of criteria should be applied to assure that the development does not impose an unnecessary demand on required services nor negatively impact the environment. (g) Definition of the neighborhood. A plat was introduced into evidence at the testimony taken in this case at the public hearing, and the neighborhood is defined as that area outlined by the Applicant at the public hearing as constituting the neighborhood for this parcel of land. (h) Whether there has been a substantial change in the character of the neighborhood where the property is located. The Applicant has not attempted to make any showing that there was a substantial change in the character of the neighborhood since the original rezoning. (i) Whether there was a mistake in the existing zoning classification. Evidence was introduced at the public hearing that the existing use was a nonconforming use and existed prior to the enactment of the Zoning Ordinance in 1973. The subject site consists of .49 acres and the use at the time the Zoning Ordinance went into effect was as a gasoline service station with a convenience store addition added later. The conversion of the farm equipment dealership occurred in 1975. The dealership has since relocated, however, the Applicant DECEMBER 10, 1991 MINUTES, CONT'D. retains ownership of the property and the building. The change in the zoning classification would not mean a change in the nature of the use of the subject site. The County Commissioner's believe that there was a mistake in the existing zoning classification at the time the property was zoned in 1973. (j) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Yes. Motion made by Commissioner Bowers, seconded by Shank, based on the findings of fact as presented, the report and recommendations of the Planning Commission, the definition of the neighborhood, that there has been a mistake in the existing zoning classification for RZ-9l-7. Unanimously approved. Motion made by Commissioner Bowers, seconded by Snook, that based upon the findings of fact as presented, the report and recommendations of the Planning Commission, the definition of the neighborhood and the fact that there has been a mistake in the existing zoning classification, that there has been a convincing demonstration that the property rezoning for RZ-9l-7 would be appropriate and logical for the subject properties. Unanimously approved. Motion made by Commissioner Bowers, seconded by Shank, based on the previous Motions, that the properties in RZ-9l-7 be rezoned from RR to BG. Unanimously approved. RZ-9l-8 Motion made by Commissioner Snook, seconded by Shank, to accept the definition of neighborhood and the following Findings of Fact presented by the County Attorney for RZ-9l-8, together with the report and recommendations of the Planning Commission. Unanimously approved. The Board of County Commissioners of Washington County, Maryland, in accordance with Section 27.3 of the Zoning Ordinance of Washington County, makes the following findings of facts in Case No. RZ-91-8. (a) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission in its Report and Recommendation in the above case dated July 3, 1991 indicated that the Washington County Planning Commission voted on July 1, 1991 to recommend approval of the rezoning of property owned by Ray M. Johns. The Commission's decision was rendered upon due consideration of testimony given at the public hearing on March 11, 1991, all correspondence received in lieu of public testimony during the ten day period following the hearing and the staff reports dated February 1, 1991 and April 16, 1991. The recommendation was based on the Commission's opinion that there was a mistake in the original zoning and a BG zoning classification should have been established during the initial comprehensive zoning of the County in 1973. (b) Population change in the area of the property change. The proposed rezoning is located in Election District 9 (the Leitersburg Election District), and has increased 138.3% between 1940 and 1980. The population in this District is expected to increase an additional 11% by the year 2000. In 1980, the population was 3,070 which has a 35.4% increase from 1970 when it was 2,267. The estimated population in 1990 is 3,290. (c) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designates the subject property as W-7 and S- 7, meaning that there is no planned service of public facilities for the subject area. Fire protection is provided by the Leitersburg Volunteer Fire Company to this site, and emergency medical service is provided by the Smithsburg Emergency Medical Service. The area is not served by the County Commuter. The subject site is within the school districts of Old Forge Elementary School, Smithsburg Middle School, and Smithsburg High School. A reclassification of this property to Business General would not have an impact on the schools. (d) Present and future transportation patterns in the area. The rezoning site is located along the northwest side of Maryland Route 60 approximately 800 feet northeast of its intersection with Maryland Route 62. The State Highway Administration Traffic Volume Map indicates that there was a 9,475 A.D.T. recorded at the Maryland Route 60 and Maryland Route 62 intersection in 1988. The County Engineer indicates that his office takes no exception to the proposed rezoning. DECEMBER 10, 1991 MINUTES, CONT'D. (e) Compatibility with existing and proposed development in the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. At the present time, the subject site is classified as Rural Residential. Located to the southwest of the site is an Exxon Gas Station and a two-story single-family house, both of which are zoned Rural Residential. To the west and across the Antietam Creek is a 121 acre farm owned by Ivan Diller classified as Agricultural. All other sites in the immediate area are classified Rural Residential. A change in the zoning classification from Rural Residential to Business General does not appear to be incompatible with existing development in the immediate area, although some of the permitted uses in the BG District would conflict with existing single-family residence predominant to the immediate southwest and to the east. (f) The relationship of the property change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject property is located within the Rural/Agricultural area set forth in the Comprehensive Plan for Washington County, and the Comprehensive Plan encourages the preservation of agricultural land, open space, and natural resources within this designated area. It is not within an Urban and Town Growth Area. The Plan provides that where substantial development is proposed for a parcel of land within the Rural/Agricultural Area, a standardized set of criteria should be applied to assure that the development does not impose an unnecessary demand on required services nor negatively impact the environment. (g) Definition of the neighborhood. A plat was introduced into evidence at the testimony taken in this case at the public hearing, and the neighborhood is defined as that area outlined by the Applicant at the public hearing as constituting the neighborhood for this parcel of land. (h) Whether there has been a substantial change in the character of the neighborhood where the property is located. The Applicant has not attempted to make any showing that there was a substantial change in the character of the neighborhood since the original rezoning. (i) Whether there was a mistake in the existing zoning classification. There was introduced at the public hearing evidence that the existing use was a nonconforming use and existed prior to the enactment of the Zoning Ordinance in 1973. The subject site consists of 3.2 acres. A garage and service center was constructed on this site in 1961 and was converted to a farm equipment dealership in 1975. The dealership has since relocated, however the Applicant retains ownership of the property and the building. The change in the zoning classification would not mean a change in the nature of the use of the subject site. The County Commissioners believe that there was a mistake in the existing zoning classification at the time the property was zoned in 1973. (j) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Yes. Motion made by Commissioner Bowers, seconded by Shank, based on the findings of fact as presented, the report and recommendations of the Planning Commission, the definition of the neighborhood, that there has been a mistake in the existing zoning classification for RZ-9l-8. Unanimously approved. Motion made by Commissioner Bowers, seconded by Snook, that based upon the findings of fact as presented, the report and recommendations of the Planning Commission, the definition of the neighborhood and the fact that there has been a mistake in the existing zoning classification, that there has been a convincing demonstration that the property rezoning for RZ-9l-8 would be appropriate and logical for the subject properties. Unanimously approved. Motion made by Commissioner Bowers, seconded by Shank, based on the previous Motions, that the properties in RZ-9l-8 be rezoned from RR to BG. Unanimously approved. RZ-91-14 The Commissioners agreed to defer this case until next week to allow time for staff to check with State officials to see if, in their opinion, the Historic Preservation "HP" Overlay conflicts with the Agricultural Preservation District designation on this property. DECEMBER 10, 1991 MINUTES, CONT'D. RZ-91-15 Motion made by Commissioner Snook, seconded by Shank, to accept the definition of the neighborhood and the following findings of fact for RZ-9l-l5 presented by the County Attorney together with the report and recommendations of the Planning Commission. Unanimously approved. The Board of County Commissioners of Washington County, Maryland, in accordance with Section 27.3 of the Zoning Ordinance of Washington County, makes the following findings of facts in Case No. RZ-91-15. (a) The report and recommendations of the Planning and Zoning Commission. The Planning and Zoning Commission by its action dated November 22, 1991 in Case No. RZ-91- 15 recommended DENIAL of the rezoning of property owned by Ronald Winebrenner from Agricultural to Business General based on the following points: 1. Only one property owner testified at the public hearing and he was opposed to the rezoning indicating that he was a resident of the area for over 30 years and no new development has occurred on the south side of Route 40 since then. 2. An analysis of a 1963 aerial photograph and subsequent site inspection of the area by staff appeared to confirm the resident's testimony that no significant change in the neighborhood had occurred. 3. Two rezonings have been approved in the area since adoption of the Zoning Ordinance but they have not significantly changed the neighborhood since they primarily focused on parcels which had operating commercial uses prior to 1973. it is noted that the courts have held that simply rezoning a property from one classification to another does not in itself constitute a change in the character of the neighborhood. It is the physical change that occurs on the land as a result of the rezoning that contributes to a change in character. 4. Property being listed as a non-conforming use because of the original zoning applied to it does not in itself constitute a mistake in zoning. 5. The applicant's reasons for requesting the rezoning do not substantiate the need for a rezoning. (i) To eliminate the non-conforming use designation so that improvements could be made to the truck repair facility can be addressed in an Agricultural district through the approval of the expansion of a non-conforming use by the Board of Appeals. (ii) To change the zoning so the property would be more valuable for sale because of a BG classification is in and of itself an economic consideration instead of a land use consideration. (b) Definition of the Neighborhood. The neighborhood for the purposes of RZ-91-15 shall be considered as the immediate area on both sides of Route 40 around the property as well as the area on both sides of Route 40 approximately 1/4 mile each way. The subject property is contiguous to and shares a common boundary with the Hagerstown Speedway which is zoned "BG". (c) Population change in the area of the property change. In 1960, the population in Election District 23, which is where the subject property is located, was 2,143, it increased to 2,589 in 1970, 2,863 in 1980, and 3,507 in 1990. There is a steady increase in population in this Election District from decade to decade. (d) Availability of public facilities in the area. The subject property, according to the Washington County Water and Sewerage Plan, as well as the other properties in the immediate area, is W-7 and S-7 which means that neither public water nor sewer service are currently available or planned for this area. Residents of the area currently depend on private wells and individual septic systems to provide water supply and sewerage disposal. Fire protection and emergency medical service is provided by the Clear Spring Volunteer Fire Company in the Town of Clear Spring, Maryland. The County DECEMBER 10, 1991 MINUTES, CONT'D. Commuter bus route along U.S. Route 40 between Hagerstown and Hancock serve the property once a week on Fridays with a morning trip into Hagerstown and a return trip in the afternoon. The schools serving the subject property include Conococheague Elementary School, Clear Spring Middle School, and Clear Spring High School. The rezoning of the subject property from Agricultural to Business General would not permit residential development and therefore would not impact the capacity of the schools. (e) Present and future transportation patterns in the area. The site fronts on U.S. Route 40 which is classified as a minor arterial roadway by the Washington County Highway Plan. The closest historical traffic volume data on U.S. Route 40 is available at a location west of Huyetts Crossroads, and, in 1970 the average daily traffic count was 5,000. The average daily traffic count increased to 9,900 by 1989. There are no proposed road projects for U.S. Route 40 in the vicinity of this proposed rezoning request. (f) Compatibility with existing and proposed development in the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. The staff report and analysis indicates that the general land use pattern in the vicinity of the proposed rezoning is best described as residential, however, a predominant feature in this area is the Hagerstown Speedway race track located across Route 40 with several commercial properties up and down the highway. The four smaller parcels across U.S. Route 40 from the subject property are currently occupied by the Gateway Seafood House, Crown Inc. Painting and Decorating, National Pike Printing, Behind Pit Wall Souvenir Shop, Fred's Plumbing and Heating and Colony House Interiors which were rezoned from Conservation to Business General in 1984. The rest of the land on the north side of U.S. Route 40 in the vicinity of the rezoning is zoned Conservation. Further east on U.S. Route 40 are a few small businesses currently operating as non-conforming uses in the Agricultural and Conservation zoning districts. The following historic sites listed on the Washington County Historic Sites Survey are located within a 1/2 mile radius of the proposed rezoning: 1. WA-V-001 19th Century Wilson's Bridge 2. WA-V-002 19th Century Log Cabin at Wilson's 3. WA-V-005 19th Century Stone Snively House 4. WA-V-007 19th Century Wilson's School 5. WA-V-075 Gateway Seafood House The current use of the subject property which is a non-conforming use and which is a "BG" use is compatible with the existing and proposed development of the area. (g) The relationship of the property change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The Comprehensive Plan of the County states that commercial uses in the Rural/Agricultural areas include those uses in the immediate neighborhood and immediate vicinity of the subject property. The specific use to which the subject property is being put and to which it would be put under the "BG" zoning classification are not mentioned in the Comprehensive Plan as commercial uses included in the Rural/Agricultural areas. (h) Whether there has been a substantial change in the character of the neighborhood where the property is located. No. DECEMBER 10, 1991 MINUTES, CONT'D. (i) Whether there was a mistake in the existing zoning classification. No. (j) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. No. Motion made by Commissioner Shank, seconded by Irvin-Craig, based upon the report and recommendation of the Planning Commission, the definition of the neighborhood, and the findings of fact, there has not been a substantial change in the character of the neighborhood where the property is located or a mistake in the original zoning for RZ-9l-l5. Unanimously approved. Motion made by Commissioner Bowers, seconded by Snook, based on the previous Motions, that RZ-9l-l5 be DENIED. Unanimously approved. RZ-9l-l7 Motion made by Commissioner Shank, seconded by Snook, to accept the definition of the neighborhood and the proposed findings of fact presented by the County Attorney together with the report and recommendations of the Planning Commission for RZ-9l-l7. Unanimously approved. The Board of County Commissioners of Washington County, Maryland, in accordance with Section 27.3 of the Zoning Ordinance of Washington County, makes the following findings of facts in Case No. RZ-91-17. (a) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission by its action dated November 22, 1991 voted to recommend APPROVAL of the rezoning of property owned by Caleb Ewing, Jr. from "IG", Industrial General, to "BG", Business General. The recommendation was based on the Commission's opinion that the applicant substantiated a change in the neighborhood had occurred as well as providing evidence that a mistake in the current zoning may have occurred. The Planning Commission's opinion was predicated upon but not limited to the following points: 1. The annexation of 70 acres of adjacent property by the City of Hagerstown which has been developed with professional offices has changed the character of the neighborhood area. 2. The construction of Eastern Boulevard has changed the character of the neighborhood area. 3. Introduction of public water and sewage into this area has impacted the character of the neighborhood. 4. Two previous rezonings in the area have resulted in physical changes to the land which have changed the character of the neighborhood area. 5. The invalidation of a previous conditional rezoning of this property by the Courts may provide a legal basis for considering a mistake in the current zoning of the property. 6. The principle permitted uses in a BG district would have no greater and perhaps less of a potential degree of conflict with existing residences located in the area than the principle permitted uses in an IG district. 7. No citizen testified in favor or in opposition to the property rezoning at the public hearing. (b) Definition of the Neighborhood. The neighborhood consists of those parcels located 1/4 mile northeast and southwest on Jefferson Boulevard and 1/2 mile west and east of the subject property on Eastern Boulevard. (c) Population change in the area of the property change. In 1940, the population in Election District 10 (Funkstown) was 1,889, in 1950, 2,317, in 1960, 4,124, in 1970, 4,761, in 1980, 7,801, and in 1990, 9,330. The population in this district has increased 394% between 1940 and 1990. (d) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designates the subject property as W-1 and S- 5. The W-1 classification indicates that water service is currently available to the site, and the S-5 category indicates that there is a 5 to 10 year priority for public sewer. A 4 inch sanitary sewer force main is located on the adjacent MKS property to the south of this property. Sewer service to the Ewing property would require an extension from the MKS property to this property at the developer's expense. Fire protection is provided to the site by the Long Meadow Volunteer Fire Company and emergency medical service is provided by the DECEMBER 10, 1991 MINUTES, CONT'D. Community Rescue Service located in Hagerstown. The subject property is served by the County Commuter with seven daily trips to Smithsburg via Maryland Route 64 Monday through Friday. The subject property is served by Pangborn Elementary School, Northern Middle School, and North Hagerstown High School. Reclassification of the subject property to a "BG" district would not have an impact on the area schools. (e) Present and future transportation patterns in the area. The subject rezoning is located along the east side of Eastern Boulevard, approximately 750 feet southwest of the Maryland Route 64 and Eastern Boulevard intersection. Eastern Boulevard is classified by the County's Highway Plan as a Minor Arterial roadway. The State Highway Administration has no objection to the proposed rezoning. (f) Compatibility with existing and proposed development in the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. The parcel requested for rezoning is currently classified as "IG", Industrial General, and to the immediate north lies 4.8 acres which serve as the location for Ewing Oil Company, Inc., currently zoned Industrial General. Other sites in the immediate area are zoned Business General, Business Local, Residential Urban, and Residential. Five properties close to the subject property in the immediate neighborhood have been the subject of rezoning applications since the adoption of the Zoning Ordinance in 1973. Due to the commercial character of the properties located to the north and south of subject RZ-91-17, a change in the zoning classification to Business General does not appear to be incompatible with these existing developments. However, some permitted uses in the Business General district could conflict with existing single-family residences along Maryland Route 64 and also with the 68 acre residentially zoned parcel situated to the west of the Ewing property. (g) The relationship of the property change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The County's Comprehensive Plan identifies two distinct areas for implementation of land use development policies. The subject property is located entirely within the designated Urban Growth Area set forth in the Comprehensive Plan for Washington County which encourages commercial zoning districts. (h) Whether there has been a substantial change in the character of the neighborhood where the property is located. Yes. The construction of Eastern Boulevard together with the introduction of public water and sewer into the area, other previous rezonings which have resulted in physical changes to the land, and construction of other sites compatible with BG uses reflect a substantial change in the character of the immediate neighborhood justifying a rezoning. (i) Whether there was a mistake in the existing zoning classification. In 1985, in the Case of Board of County Commissioners vs. H. Manny Holtz, Inc., the Court of Special Appeals in a Reported Decision established that Washington County cannot limit, by conditional zoning, a property to one principle permitted use. This holding proved invalid the Commissioners' assumption in RZ-242 that the land could be rezoned with conditions. In the case of Rockville v. Stone, this mistake in an assumption upon which the 1983 rezoning decision was based constitutes a mistake which authorizes the County to rezone this property. The Court indicated that "when the assumption upon which a particular use is predicated proves with the passage of time to be erroneous, this is sufficient to authorize a rezoning". The most appropriate and logical approach is to rezone this subject property to Business General on the basis that a mistake was made when the subject property was designated Industrial General in the rezoning proceeding in 1983 (RZ-242). (j) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Yes. Motion made by Commissioner Snook, seconded by Irvin-Craig, based on the report and recommendations of the Planning Commision, the definition of the neighborhood, and the findings of fact for RZ-9l-l7, that there has been a substantial change in the character of the neighborhood where the property is located and a mistake in the existing zoning classification. Unanimously approved. Motion made by Commissioner Irvin-Craig, seconded by Shank, that based upon the findings of fact as presented, the report and recommendations of the Planning DECEMBER 10, 1991 MINUTES, CONT'D. Commission, the definition of the neighborhood and the fact that there has been a mistake in the existing zoning classification, that there has been a convincing demonstration that the property rezoning for RZ-9l-17 would be appropriate and logical for the subject properties. Unanimously approved. Motion made by Commissioner Shank, seconded by Irvin-Craig, that based on the previous Motions, that the property be rezoned from IG to BG for RZ-9l-l7. Unanimously approved. GOLF COURSE CORPORATION - RESCIND APPOINTMENT Motion made by Commissioner Snook, seconded by Bowers, to rescind the appointment of James Young to the Public Golf Course Corporation. Unanimously approved. ESTABLISH POLICY FOR RESIDENCY - BOARD AND COMMISSIONS Motion made by Commissioner Shank, seconded by Bowers, to establish a policy pursuant to which members of Boards and Commissions, the membership of which is appointed by the Board of County Commissioners, are required to be residents of Washington County during the term of their office. Should any member of a Board or Commission, the membership of which is appointed by the Board of County Commissioners, move from Washington County during their term of office after being appointed after this date, it shall be the policy of the County Commissioners that the individual's resignation be requested. It is part of this motion, that this policy take effect immediately. Unanimously approved. REVISED BY-LAWS - RECREATION & PARKS BOARD Motion made by Commissioner Shank, seconded by Snook, to approve and adopt the By-Laws as revised December 1991 for the Recreation and Parks Board of Washington County, Maryland. Unanimously approved. TRANSPORTATION COMMISSION BY-LAWS Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve and adopt the By-Laws for the Transportation Commission as presented. Unanimously approved. EMPLOY CUSTODIAN - REGIONAL AIRPORT Motion made by Commissioner Snook, seconded by Shank, to employ John Keefauver as Custodian at the Regional Airport. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Shank, seconded by Snook, to convene in Executive Session at 2:07 p.m. in regard to personnel and property matters and to confer with the County Attorney, pursuant to Section l0-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Irvin-Craig, seconded by Bowers, to reconvene in Regular Session at 3:l5 p.m. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Shank, to adjourn at 3:16 p.m. County Attorney , Clerk