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HomeMy WebLinkAbout920519 May 19, 1992 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. PRESENTATION OF "MARYLAND, YOU ARE BEAUTIFUL" SENIOR CITIZENS ART AWARDS The Commissioners presented Certificates of Merit to Joan Doub Barnes, Robert Harris, Dale Mueller and Violet Peters who received Honorable Mention in the Senior Citizens Art Awards Contest sponsored by the Maryland, You Are Beautiful Program. Commissioner Bowers then presented a plaque to Vivian Mentzer who received First Place in the painting category and Commissioner Roulette presented Major (Ret.) Dieter Protsch with a plaque for being named Grand Winner for his woodcarving "Remembering the Past". Paulette Sprinkle, Community Coordinator, stated that Mr. Protsch will represent Washington County at the Governor's Awards Ceremony and will receive a weekend trip for two to Annapolis. Ms. Sprinkle also thanked Barbara Bland, Director of the Arts Council, and Fred Otto and Shirley Guessford of the Commission on Aging for coordinating this year's contest. REGIONAL PARK - PURCHASE OF BLEACHERS Motion made by Commissioner Bowers, seconded by Snook, to approve the request made by the Parks Department to expend $l,650 to purchase bleachers for the Regional Park from the funds remaining in the fencing project at the Martin L. Snook Memorial Park (40-5-1800-580-006) pending approval by the Parks Board. Unanimously approved. ACCEPTANCE OF CONTRACT OF SALE Motion made by Commissioner Shank, seconded by Irvin-Craig, to enter into a Contract of Sale with Fred R. and Nelda Jean Palmer in the amount of $115,000 to purchase their property located on Mt. Aetna Road, which is necessary for the project to reroute Mt. Aetna Road. Motion carried with Commissioners Shank, Irvin-Craig, Bowers and Roulette voting AYE and Commissioner Snook voting NO. REZONING CASES RZ-92-1, RZ-92-2, RZ-92-5, & RZ-92-6 RZ-92-1 Motion made by Commissioner Bowers, seconded by Bowers, to accept the definition of neighborhood and the proposed findings of fact as presented by the County Attorney for RZ-92-1, together with the report and recommendation of the Planning Commission in accordance with Section 27.3 of the Zoning Ordinance of Washington County. Unanimously approved. (a) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission on May 4, 1992 voted to recommend APPROVAL of the rezoning of property owned by M. William Dutton, Jr. from A - Agricultural to IG - Industrial General based on the Commission's opinion that MAY 19, 1992 MINUTES, CONT'D. the applicant substantiated a substantial change in the character of the neighborhood. (b) Definition of the Neighborhood. The neighborhood consists of Maryland Route 63 to the west, I-70 to the north, I-81 to the east, and 1/2 mile to the south of the subject site. (c) Population change in the area of the property change. The property included in this rezoning case is located entirely within the Cedar Lawn Election District No. 24. From 1960 to 1970 the population increased 21%, from 1970 to 1980 the population increased 4.8%, and from 1980 to 1990 the population increased 30.2%. The population increased from 682 individuals in 1960 to 1,129 in 1990. This election district has experienced a substantial increase in population, and it appears to be accelerating. County wide population from 1980 to 1990 increased 7.3%. (d) Availability of public facilities in the area. According to the Washington County Water and Sewerage Plan, the subject property has a service priority designation of W-5 and S-5 meaning that water and sewerage service is planned to be available to this area within five to ten years. As part of the rebuilding of Hopewell Road, south of Maryland Route 144, a new 16 inch water line was installed from the existing line in Maryland Route 144 southward in Hopewell Road to a point just south of Halfway Boulevard. It is expected to be placed in service in early 1992, and is owned and maintained by the Washington County Sanitary District with water supplied by the City of Hagerstown. Public water is available to the subject property upon extension of the mains. The Potomac Edison Company currently has 12.47 kV, 3 phase power distribution line located along Hopewell Road. The closest existing natural gas line is located in the vicinity of the Valley Mall at Massey Boulevard. Fire protection is provided by the Halfway Volunteer Fire Company located approximately 1.5 miles to the east. Emergency medical service is provided by Community Rescue Service located in the City of Hagerstown approximately 4.5 miles northeast of the site. No bus service is currently available to the site, although there is bus service to the Valley Mall approximately 3/4 of a mile east of the site. The schools currently serving this particular area include Conococheague Elementary School, Western Heights Middle School, and Williamsport High School, all three of which have available capacity. (e) Present and future transportation patterns in the area. The subject property does not have any public road frontage, and access to the property is provided by a private farm lane off of Hopewell Road approximately 600 feet south of Halfway Boulevard. In 1975, Hopewell experienced an average of 924 vehicles per day, and this increased in 1976 to approximately 1,260. Traffic on Hopewell Road has increased significantly. Halfway Boulevard west of I-81 and Hopewell Road north of Halfway Boulevard are classified as Minor Collector highways by the Washington County Highway Plan. The County Engineer has stated that the existing farm lane could not be used as a means of access to this property if developed. He recommended that the parcel be served by the extension of Blake Road. The rezoning to IG would likely result in an increase in truck traffic. The Maryland State Highway Administration 20 Year Needs Study 1977 to 1996 indicates a non-critical need to reconstruct U.S. Route 40 between Maryland Route 144 and Maryland Route 63 to a 4-lane divided highway. The State Highway Administration Consolidated Transportation Program for FY 1990-1995 indicates no funding for this project or any other State Highway Administration projects in the area affected by this rezoning request. The requested zoning classification of Industrial General would result in development which produce significantly different volumes and types of traffic than what would be expected to occur under the existing Agricultural Zoning. Rezoning of this property to IG could have a significant impact on the existing highways in the area. (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 current property is now zoned Agricultural and is currently being used primarily for agricultural purposes. Land use on the property surrounding the site is also Agricultural. The following historic sites listed on the Washington County Historic Sites Survey are located within a .5 mile radius of the proposed rezoning: WA-1-008 19th Century frame house WA-1-232 Schindel-Dutton Farm, 19th Century house and barn WA-1-335 Hege Farm, 19th Century farm house WA-1-348 Limestone Farm house, part of "Rocky Spring" WA-1-349 19th Century brick house (torn down after 1975) MAY 19, 1992 MINUTES, CONT'D. WA-1-350 Ridenour Farm, 18th Century house and barn WA-1-352 Wintermoyer Farm, 19th Century house and barn WA-1-353 Late 19th Century farm, house and barn WA-1-363 Summers/Wintermoyer Farm, 19th Century house WA-1-428 Early 19th Century stone farm house WA-1-461 Stone farmstead, 19th Century house and barn The IG article of the Zoning Ordinance establishes setback requirements for industrial uses located on property adjacent to residential development. The HI zoned property to the south and west allows for a wide variety of uses including light industrial, commercial, and high density residential. Land use controls are built into the Zoning Ordinance to provide for buffers between the various uses permitted in the HI district. The proposed rezoning is not incompatible with the other zoning classifications in the immediate area. (g) The relationship of the property change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The site being proposed for rezoning is located within the boundaries of the Urban Growth Area established by the County Commissioners in August, 1983. The subject property is also included in the vicinity of an area designated for "new community" development by the Comprehensive Plan for the County, which was in effect at the time of the existing Agricultural zoning of the property in 1973. The Urban Growth Area is designed to be a priority area for growth and development providing a desirable environment for future residents, and the Comprehensive Plan states that development of all types will be encouraged in the Urban Growth Area to make use of existing public facilities. The proposed change is consistent with the adopted plan for the County. (h) Whether there has been a substantial change in the character of the neighborhood where the property is located. There has been a new and expanded commercial/industrial development in the neighborhood since 1973, specifically, the A.C.& T. development on Hopewell Road and Halfway Boulevard, a new water line has been put in Hopewell Road, and there is public water on Maryland Route 63 together with plans for an extension of the water line on Hopewell Road. A major improvement project for Hopewell Road has been completed, and there are plans for additional improvements to the said road. There has been a construction of a major sewerage treatment facility and lines to serve this particular tract together with three rezonings of property in the area; namely, RZ-165 Agricultural to Highway Interchange, RZ-398 Agricultural to Industrial General, and RZ-416 Agricultural to Highway Interchange. Motion made by Commissioner Snook, seconded by Bowers, based upon the report and recommendation of the Planning Commission, the definition of neighborhood, and the adopted Findings of Fact, that there has been a substantial change in the character of the neighborhood where the property is located. Unanimously approved. Motion made by Commissioner Snook, seconded by Shank, based upon the report and recommendation of the Planning Commission in accordance with the Zoning Ordinance of Washington County, the definition of neighborhood, and the fact that there has been a substantial change in the character of the neighborhood, there has been a convincing demonstration that the property should be rezoned and that the rezoning is appropriate and logical for the subject property. Unanimously approved. Motion made by Commissioner Snook, seconded by Bowers, based upon the previous Motions that the property in case RZ-92-1 be rezoned from "A" - Agriculture to "IG" - Industrial General. Unanimously approved. RZ-92-2 Motion made by Commissioner Shank, seconded by Bowers, to accept the definition of neighborhood and the proposed Findings of Fact as presented by the County Attorney for RZ-92-2, together with the report and recommendation of the Planning Commission in accordance with Section 27.3 of the Zoning Ordinance of Washington County. Unanimously approved. (a) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission on May 4, 1992 voted to recommend APPROVAL of the rezoning of property owned by CMC Partnership, with the applicant being Mr. Kenneth F. Clements. The recommendation was based on the Commission's opinion that the applicant substantiated a substantial change in the character of the neighborhood. MAY 19, 1992 MINUTES, CONT'D. (b) Definition of the Neighborhood. The neighborhood of the subject site is approximately 1 mile in every direction from the subject property. It begins at Mill Point Road from Alternate Route 40 southwest towards Monroe Road; south on Monroe Road towards Route 34; to the east on Route 34 towards Keadle Road and then north onto Mill Point Road and back to Alternate Route 40. This area includes a mix of residential uses, commercial establishments, and agricultural land, all of which impact the site. (c) Population change in the area of the property change. The proposed rezoning is located in Election District 6 at Boonsboro. From 1970 to 1990 the population increased from 3,384 to 4,652. (d) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designates the subject property as W-7 and S-7 indicating that there is no planned service for the subject parcel. The Town of Boonsboro will not extend public sewer outside its corporate limits, and the Town has no plans to extend water service to this tract at this time. Fire protection is provided to the site by the Boonsboro Volunteer Fire Department located one mile to the southeast in Boonsboro, Maryland. Emergency medical service is provided by the Boonsboro Rescue Company located adjacent to the site. The subject property is served by the County Commuter which has two scheduled trips on Wednesdays and Saturdays. The schools serving this area include Boonsboro Elementary School, Boonsboro Middle School, and Boonsboro High School. Boonsboro Elementary School has no excess capacity, although Boonsboro Middle School and Boonsboro High School have excess capacity. A reclassification of the subject site to BL would not have an impact on the area schools. (e) Present and future transportation patterns in the area. The rezoning site is located along the east side of Alternate Route 40, approximately .3 miles north of Boonsboro's town limit. The road is classified by the County's Highway Plan as a Minor Arterial and has a restriction of 500 feet between all new access points. The State Highway Traffic Volume Map indicated a count of 7200 ADT for Alternate Route 40 in the approximate location of the rezoning site. The subject property is situated approximately 2000 feet north of Alternate Route 40's intersection with Maryland Route 68. Maryland Route 68 is classified by the Highway Plan as a Minor Arterial roadway. (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 site requested for rezoning has a classification of Agricultural at this time. To the south and located adjacent to the site is Boonsboro Rescue Company 69 and the Boonsboro Church of God. Both of these properties are also zoned Agriculture. To the west and directly across Alternate Route 40 lie several properties with a classification of Business General. These include the Washington County National Bank, the Boonsboro Pharmacy, Boonsboro Produce Market, and the Boonsboro Auction House Restaurant and Flea Market. All of these properties have a Business General classification. The northern and eastern property lines of the subject parcel abuts a 15 acre tract used for farming with a current zoning of Agriculture. North and adjacent to the tract immediately north of the subject property is a 179 acre farm currently in the Agricultural Preservation District with its development rights easements having been sold to the Maryland Agricultural Land Preservation Foundation. The purpose of this easement is to permanently restrict the use of the farm to agricultural purposes and to ensure the preservation of prime farm land. The 29 acre site which includes the Washington County National Bank, Boonsboro Pharmacy, Boonsboro Produce Market, and the Auction House Restaurant and business complex was reclassified from Agriculture to Business General in December 1983 in RZ-265. Due to the commercial development located near the subject site, a change in the zoning classification to Business Local would not appear to be inconsistent with the recent development activity and visualized future growth. (g) The relationship of the property change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject property is located entirely within the adopted Boonsboro Town Growth Area established by the County's Comprehensive Plan. The Plan encourages development within the Growth Area which, in turn, relieves pressure on the rural parts of the County and makes the most of current investments in infrastructure. The proposed change is consistent with the adopted plan for the County and within the Boonsboro Town Growth Area. (h) Whether there has been a substantial change in the character of the neighborhood where the property is located. Yes. Several of the neighboring properties of RZ-92-2 have been reclassified since 1973. In rezoning case RZ-265, the 29 acre site which MAY 19, 1992 MINUTES, CONT'D. includes the Washington County National Bank, Boonsboro Pharmacy, Produce Market and Auction House Restaurant and Business Complex, was reclassified from Agriculture to Business General in December, 1983. Subsequently, Business General uses have established themselves on that 29 acre site directly across the highway from the subject site. The basis of that rezoning was a change in the character of the neighborhood and a mistake in the original zoning. The rezoning of the subject 12 acres would conform with the County's comprehensive plan and the Boonsboro Town Growth Area. The Boonsboro Rescue Company No. 68 and the Boonsboro Church of God, both of which lie adjacent to the subject site, have been constructed within the past ten years. In addition, there has been a substantial increase in the population of the neighborhood. Motion made by Commissioner Bowers, seconded by Shank, that based upon the report and recommendation of the Planning Commission, the definition of neighborhood, and that adopted Findings of Fact, there has been a substantial change in the character of the neighborhood where the property is located. Motion carried with Commissioners Bowers, Shank, Snook and Roulette voting AYE and Commissioner Irvin-Craig voting NO. Motion made by Commissioner Bowers, seconded by Snook, based on the Findings of Fact as adopted, the report and recommendation of the Planning Commission, the definition of neighborhood and the fact that there has been a substantial change in the character of the neighborhood, that there has been a convincing demonstration that the property should be rezoned and the rezoning is appropriate and logical. Motion carried with Commissioners Bowers, Snook, Shank and Roulette voting AYE and Commissioner Irvin-Craig voting NO. Motion made by Commissioner Bowers, seconded by Snook, based on the previous Motions, that the property in case RZ-92-2 be rezoned from "A" - Agriculture to "BL" - Business Local. Motion carried with Commissioners Bowers, Snook, Shank and Roulette voting AYE and Commissioner Irvin-Craig voting NO. RZ-92-5 Motion made by Commissioner Irvin-Craig, seconded by Bowers, to approve Text Amendment RZ-92-5, submitted by the Washington County Planning Commission, to delete Section 25.8, Fees, from the Zoning Ordinance to eliminate duplication and conflict. Unanimously approved. RZ-92-6 The Commissioners withdrew their proposed text amendment and asked that it be revisited in a future zoning cycle when a more flexible amendment can be written to address recycling. RENEWAL OF CONTRACT - TRASH REMOVAL SERVICE AT COUNTY BUILDINGS Motion made by Commissioner Shank, seconded by Irvin-Craig, to renew the contract with Browning Ferris Industries for trash removal services at County buildings for a one year period, as recommended by the Purchasing Agent. Unanimously approved. CLEAN ROCK INDUSTRIES - STATE PERMIT APPLICATION The Commissioners discussed Clean Rock Industries' application to the State Department of the Environment (DOE) for a Refuse Disposal Permit for a Processing Facility, and the requirement that the local governing body make a determination if the application is consistent with their Solid Waste Management Plan. Ralph France, County Attorney, advised the Commissioners that the time period for them to respond will be ending soon and if they fail to respond, it will be presumed that Clean Rock is in compliance with the County's plan. After discussion, the Commissioners asked the County Attorney to check with DOE to see if they could be granted an extension to allow the Solid Waste Advisory Commission to review the application at its meeting on May 28. After conferring by telephone with DOE, the County Attorney reported that DOE would be agreeable to a extending the time period if requested by the Commissioners. Motion made by Commissioner Shank, seconded by Irvin-Craig, to request a 30- day extension from the Department of the Environment to respond to Clean Rock Industries' application for a Refuse Disposal Permit for a Processing Facility. Unanimously approved. COLLECTION OF LOCAL RECORDATION TAX The Commissioners agreed to send correspondence to Governor William Donald Schaefer in support of Senate Bill 78 passed during the l992 legislative session which would allow the collection of local recordation tax by the local government and thereby avoid charges from the Clerk of Court's office. Barry Teach, Administrator, indicated that the County Treasurer's Office could collect this tax which may result in an additional $l00,000 per year in revenues. MAY 19, 1992 MINUTES, CONT'D. BOARD OF EDUCATION - FISCAL YEAR 1993-98 CAPITAL BUDGET Wayne Gersen, Superintendent of Schools, and Wayne Stouffer, Director of Finance for the Board of Education, identified capital projects submitted in the l993-98 Capital Improvements Budget and distributed a construction schedule showing the sequence of events of the projects listed. After discussion and review by the Commissioners, the l994-l998 budgets were taken under advisement until the Commissioners can review them in greater depth. Motion made by Commissioner Shank, seconded by Bowers, to approve the Board of Education's Capital Improvements Budget for Fiscal Year l993, as submitted. Unanimously approved. BOND ALLOCATION - ON BEHALF OF (OBO) PROGRAM Motion made by Commissioner Snook, seconded by Bowers, to designate the entire housing allocation of $2,l59,290 for Washington County from the State On Behalf Of Program to be used for the Maryland Mortgage Program for first time homebuyers. Unanimously approved. CITIZEN PARTICIPATION Susie Smith stated that she supports the Commissioners' decision to request an extension for their response to the State regarding Clean Rock Industries' compliance with the Solid Waste Management Plan. George Wheelock also expressed concerns regarding Clean Rock Industries. Donald Allensworth expressed concerns regarding the disposal of medical waste at landfills and asked the Commissioners to ban this in Washington County. He also suggested that the Commissioners make the County Attorney available to provide legal advice to citizens. Eric Smith stated that he is grateful for the extension regarding Clean Rock Industries and commented on the operation. Robert May indicated problems with the decision of the Permits Office which was upheld by the Board of Building Appeals regarding the requirement of a fire separation in his woodworking shop. The Commissioners requested that he file an appeal to them in writing which will be considered at that time. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Snook, seconded by Irvin-Craig, to convene in Executive Session at 11:40 a.m. regarding personnel matters 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 Irvin-Craig, seconded by Bowers, to reconvene in Regular Session at 12:02 p.m. Unanimously approved. RECESS - LUNCH The Commissioners recessed at 12:03 p.m. to attend an Elected Officials Luncheon sponsored by the Local Advisory Council for Career & Technical Education. AFTERNOON SESSION The Afternoon Session was convened at 2:03 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. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Snook, seconded by Irvin-Craig, to convene in Executive Session at 2:04 p.m. regarding personnel and property matters and to confer with the County Attorney 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 Shank, seconded by Snook, to reconvene in Regular Session at 4:43 p.m. Unanimously approved. TAX ABATEMENT - LEROY & PATRICIA BAKER Motion made by Commissioner Shank, seconded by Snook, to abate the l99l-92 County share of personal property taxes for Leroy and Patricia Baker in the amount of $422.ll who closed their business in l99l. Unanimously approved. MAY 19, 1992 MINUTES, CONT'D. REAPPOINTMENT - SOLID WASTE ADVISORY COMMISSION Motion made by Commissioner Shank, seconded by Bowers, to reappoint Linda Smith to the Solid Waste Advisory Commission for a three year term. Unanimously approved. TAX CREDITS - AGRICULTURAL LAND PRESERVATION DISTRICTS The Commissioners decided that applicants for Agricultural Land Preservation District designation, irrespective of the size of the parcel, must have Agricultural assessment to qualify for tax credits and that this policy will take effect immediately. CONSULTANT SELECTION - AIRPORT Motion made by Commissioner Bowers, seconded by Irvin-Craig, to accept the recommendation of the Coordinating Committee and select Greiner, Inc., as first choice and LPA Associates as second choice to serve as consultant for the Washington County Regional Airport. Unanimously approved. EMPLOY CONSTRUCTION INSPECTOR - ENGINEERING DEPARTMENT Motion made by Commissioner Snook, seconded by Irvin-Craig, to employ John Phillips as Construction Inspector in the Engineering Department to fill the existing vacancy. Unanimously approved. AUTHORIZATION TO ADVERTISE POSITION - TERMINAL MANAGER The Commissioners provided authorization to advertise the position of Terminal Manager at the Washington County Regional Airport. AUTHORIZATION TO ADVERTISE POSITION - VICTIM/WITNESS COORDINATOR The Commissioners authorized the advertisement to fill the vacancy of Victim/Witness Coordinator in the State's Attorney's Office. HAZARDOUS WASTE INCINERATION REVIEW COMMITTEE The Commissioners decided to temporarily disband the Hazardous Waste Review Committee due to the formation of a study committee on hazardous waste incineration by the State and to recommend members of the local review committee who qualify for the technical positions specified on the State committee for appointment. ADJOURNMENT Motion made by Commissioner Shank, seconded by Snook, to adjourn at 5:17 p.m. Unanimously approved. County Attorney , Clerk