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HomeMy WebLinkAbout921124 November 24, 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, John S. Shank, and Gregory I. Snook. 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. NOVEMBER YOUTH OF THE MONTH AWARD Commissioner Irvin-Craig presented a Certificate of Merit to Amanda Feeser in recognition of being selected as the recipient of the November 1992 Youth of the Month Award by the Children's Council. Commissioner Irvin-Craig listed many of Amanda's activities and commended her for being a superior role model. Miss Feeser introduced her parents and thanked the Commissioners for the Certificate. CHANGE ORDERS - AIRPORT PROJECTS Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve the Change Order with C. William Hetzer, Inc., for the T-hangar Site Improvement Project in the amount of $7,675.21 to replace a water service line to the air traffic control tower, as recommended by the Chief, Division of Public Works. Unanimously approved. Motion made by Commissioner Bowers, seconded by Snook, to approve a Change Order in the Building Contract project in the amount of $5,410.75 for electrical work to relocate utilities underground to 3 buildings, as recommended by the Chief, Division of Public Works. Unanimously approved. Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve a Change Order for the Airport Terminal Project with Perini Construction for a number of miscellaneous projects in the amount of $8,248, as recommended by the Chief, Division of Public Works. Unanimously approved. T-HANGAR MONTHLY RATE INCREASES Rodney Shoop, Airport Manager, and Richard Funkhouser, Chairman of the Airport Commission, met with the Commissioners to review the revised recommendations for monthly rental rates. Mr. Shoop reviewed the Airport Commission's recommendations and discussed them with the Commissioners. The Commissioners took this matter under advisement at this time and asked Mr. Shoop to return with an estimate for installing concrete floors in the t-hangars with gravel floors and to survey the 8 tenants with these hangars to see if they would like to have concrete floors. PROCLAMATION - NATIONAL FARM CITY WEEK Commissioner Shank presented a proclamation to Helen Main, who represented the Farm Bureau Women, proclaiming the week of November 20-26, 1992, as National Farm City Week in Washington County and to encourage all citizens to recognize those who grow, harvest and bring to the nation's tables the fruits of sun, seed, and soil. Mrs. Main thanked the Commissioners for the Proclamation and also brought a display which is used in County schools as a resource for teachers on agricultural programs. TRANSPORTATION COMMISSION - STATE BUDGET REDUCTIONS Keith Godwin, Manager of the County Commuter, appeared before the Commissioners regarding the latest budget cut from the State of $24,353. Mr. Godwin reminded the Commissioners that the County Commuter has already made service reductions to offset the earlier budget loss of $62,000 in State aid. He stated that he has identified some savings in his budget. Commissioner Roulette asked Mr. Godwin to submit a formal list of how he would address the budget reductions. Mr. Godwin also asked the Commissioners to consider sending correspondence requesting restoration of the $24,353 from the State. FY 1994-99 CAPITAL IMPROVEMENTS PROGRAM REVIEW - BOARD OF EDUCATION Dr. Wayne Gersen, Superintendent of Schools, and Ralph Giffin, Director of Maintenance for the Board of Education, appeared before the Commissioners to review their Fiscal Year 1994-99 Capital Improvements Program. Dr. Gersen reviewed the projects which they are submitting and an update on information from the Interagency Committee. He stated that the Board of Education's top 4 priority projects are: 1) Boonsboro Elementary renovations; 2) State funding for Eastern Elementary School; 3) State funding for construction of Paramount Elementary school; and 4) Smithsburg High School. Dr. Gersen also briefly reviewed the systemic projects and listed future projects. Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve the revised Fiscal Year 1994-99 Capital Improvements Projects for public school NOVEMBER 24, 1992 MINUTES, CONT'D. construction as submitted by the Washington County Board of Education. Unanimously approved. APPROVAL OF BOND RESOLUTION - 1992 PUBLIC IMPROVEMENTS BONDS Timmy Ruppersberger, representing Semmes, Bowen & Semmes, the County's Bond Counsel, met with the Commissioners to present a resolution for their approval and execution. Motion made by Commissioner Shank, seconded by Bowers, to approve the Bond Resolution for the 1992 Washington County Public Improvement Bonds in the amount of $8,700,000, as reviewed and presented by the County Attorney, Bond Counsel, and Financial Advisor. Unanimously approved. (Copy of Resolution attached.) STATUS REPORT - ENHANCED 911 SYSTEM Pat Peldo, representing C & P Telephone, and Ronald Karn, Chief, Fire & Rescue Communications, appeared before the Commissioners to present a status report on implementation of the enhanced 911 system. Ms. Peldo provided an overview of the process the County must follow in order to enhance its 911 system with Automatic Location Identification (ALI). She stated that the kick-off meeting is scheduled for December 9, 1992, and the entire process should take 12-14 months from that time. She estimated that the system would be in operation in late 1993 or early 1994. CITIZEN PARTICIPATION Donald Allensworth, 1101 Dual Highway, highlighted text he previously submitted on Rezoning Case RZ-92-14. REZONING CASES - RZ-92-3 AND RZ-92-13 RZ-92-3 Motion made by Commissioner Snook, seconded by Shank, to accept the definition of neighborhood and following proposed findings of fact as presented by the County Attorney for RZ-92-3, together with the report and recommendation of the Planning Commisison 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 took action at a Special Meeting on November 10, 1992, to recommend APPROVAL of the rezoning of property owned by FMW Partnership. The Commission's decision was rendered upon due consideration of testimony given at the public hearing of September 21, 1992, any correspondence received in lieu of public testimony during the 10-day period following the public hearing, and staff reports dated February 20, 1992 and October 8, 1992. The Planning Commission accepted the staff's findings of fact as the Planning Commission's finding of fact pursuant to Section 27.3 of the Washington County Zoning Ordinance and are hereby incorporated as referenced. The Planning Commission concluded that the applicant substantiated that a change in character of the neighborhood had occurred. The Planning Commission indicated that they did not concur with the applicant's position that a mistake had occurred in the original or subsequent zoning of the property. (b) Definition of the Neighborhood. The neighborhood encompasses that property within a one mile radius around the subject property as depicted on the plat introduced into evidence by the applicant through his consultant, Mr. Fred Papa. (c) Population change in the area of the property change. The site for the proposed rezoning is in the Halfway Election District, Election District 26. The population increased from 7,346 to 9,489 in 1980, and 9,418 in 1990. (d) Availability of public facilities in the area. The subject site is designated W-1 and S-1 according to the Washington County Water & Sewerage Plan which gives the properties an immediate priority for service. The City of Hagerstown Water Department states that water service is available via the extension of the existing 12 inch main just south of the property upon application and payment of fees. The Washington County Sanitary District has no object to the proposed rezoning, and the sites are within an active sanitary subdistrict and allocation is available with the District's rules, regulations, and policies. The sites would be served by the Washington County Sanitary District by an existing 15 inch line which runs west of the properties. Fire protection is provided by the Halfway Volunteer Fire Company which is approximately 1 mile away and Emergency Medical Service is provided by NOVEMBER 24, 1992 MINUTES, CONT'D. the Hagerstown Community Rescue Service which is approximately 4 miles away. The sites are located within 1,200 feet from the Valley Mall stop of the Valley Mall/South End/Hagerstown route of the County Commuter. This particular route runs Monday through Saturday and could easily serve the subject properties. The sites are located within the school districts of Hickory Elementary School, Springfield Middle School, and Williamsport High School. The current enrollment is well below the capacity of each of the three schools, and the estimated pupil yield if the property was rezoned to "RM" would still be within the state rated capacities of each of the three schools. (e) Present and future transportation patterns in the area. The area of the 15.5 acre site has approximately 680 feet of front footage along Cole Road designated as a Local road. The area of the 3 acre rezoning has no road frontage, however, as a part of a larger proposed development, this area would front on a Minor Collector road in that development. The traffic study submitted by the applicant indicates the existing road network could accommodate the traffic generated by the proposed rezoning. Proposed changes and revisions to the traffic study and road improvements may be required by the Maryland State Highway Administration. (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 Application for Map Amendment Staff Report and Analysis dated August 19, 1992 indicates that due to the commercial character of the existing zoning surrounding the 15.5 acre subject property except with regard to those sites to the southeast of that property, the proposed reclassification from Business General to Residential, Multi-Family may appear to be incompatible with the surrounding zones. The Staff has taken the same position with regard to the 2.92 acres proposed to be rezoned from Residential, Multi-Family, to Business General. However, for reasons such as convenience to shopping centers, use of public transportation, and the use of existing public services and infrastructure, the present incompatibility with existing land uses may be mitigated. Having both commercial and high density residential land uses close to one another provides advantages to both residents of the new complex as well as to Washington County. (g) The relationship of the property change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. Both subject properties are within the designated Urban Growth Area set forth in the Comprehensive Plan for Washington County. Excerpts from the County Plan indicates that the applicable policies on commercial and residential development are compatible with the proposed rezoning. Commercial zoning districts should include shopping, business and service uses compatible with each other and should provide for their locations in relation to the transportation system and with residential development. The proposed land use is not incompatible with the adopted County Plan. (h) That there has been a substantial change in the character of the neighborhood where the property is located. Since the property was last rezoned, there has been a substantial change in the character of the neighborhood in that the entire area around the Valley Mall within the neighborhood of this property has become commercial with numerous land uses authorized by the "BG" Business, General classification in the Zoning Ordinance located therein. The County Commissioners find that there has been a substantial change in the character of the neighborhood as defined above where the property is located. Motion made by Commissioner Snook, seconded by Bowers, that based upon the report and recommendation of the Planning Commission, the definition of neighborhood, and the adopted Findings of Fact, there has been a substantial change in the character of the neighborhood where the property is located. Unanimously approved. Motion made by Commissioner Shank, seconded by Bowers to include the following condition: AND BE IT FURTHER ORDAINED that the rezoning aforesaid shall be subject to a condition imposed in accordance with the Maryland Annotated Code, Article 66B, Section 4.01(b) and requiring perpetuation of vehicular access between the rezoned parcel consisting of 15.41 acres and the Valley Mall and Massey Boulevard. Unanimously approved. NOVEMBER 24, 1992 MINUTES, CONT'D. Motion made by Commissioner Bowers, seconded by Irvin-Craig, that based upon the Findings of Fact, 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, there has been a convincing and logical demonstration that the property should be rezoned, 2.92 acres from Residential Multi-Family to Business General and 15.41 acres from Business General to Residential Multi-family. Unanimously approved. Motion made by Commissioner Irvin-Craig, seconded by Bowers, based upon the previous motions that the property in case RZ-92-3 be rezoned as requested, with the condition as passed. Unanimously approved. RZ-92-13 Motion made by Commissioner Shank, seconded by Bowers, to approve the definition of neighborhood and the proposed findings of fact as presented by the County Attorney for RZ-92-13, together with the report and recommendations of the Planning Commission in accordance with Section 27.3 of the Zoning Ordinance of Washington County. Unanimously approved. (a) The Definition of the Neighborhood. The neighborhood is that property located within a one-half mile radius of the subject property. (b) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission took action at a Special Meeting held on November 10, 1992 to recommend APPROVAL of the rezoning property owned by Antietam Development Limited. The Commission's decision was rendered upon due consideration of the testimony given at the public hearing on November 21, 1992, all correspondence received in lieu of public testimony during the 10-day period following the public hearing, and staff reports dated August 20, 1992 and October 22, 1992. The Planning Commission in accordance with Section 16.0 of the Zoning Ordinance, accepted the staff's findings of fact as their own and more specifically established during deliberation of RZ-92-13 the following findings of fact: 1) The proposed RR-PUD met the intended purpose of a "PUD" - Planned Unit Development. 2) The proposed RR-PUD was within the designated UGA and conformed with applicable policies of the Comprehensive Plan. 3) The Concept Plan was determined to propose land uses compatible with neighboring properties. A storm water drainage problem was identified by neighboring property owners who claim the problem was from the existing Highland Manor development. The consultant for the developer testified that if this is verified it will be mitigated on the subject rezoning site. 4) No negative impacts on community infrastructure facilities were identified by agencies having jurisdiction. The Sanitary District did identify that a pumping station will be necessary to convey sewerage and it should be located off site on neighboring property. (c) Population change in the area of the proposed change. The subject property is located in Election District 24, the Cedar Lawn Election District. The population in 1970 was 827 in this district, the population in 1980 was 867, and the population in 1990 was 1,129. (d) Availability of public facilities in the area. The subject property has a service priority designation of W-3 and S-3 according to the adopted Water and Sewerage Plan for Washington County. This area can therefore expect to be served by public water and sewer within 5 years. The site is directly adjacent to an existing service area of the City of Hagerstown Water Department located within the Washington County Sanitary District Subdistrict 18. Service is currently available to this site. Fire protection and Emergency Medical Service are provided to the subject property by the Williamsport Volunteer Fire Company and located approximately three miles south of this property. There is no County Commuter bus service along Route 63 adjacent to this site. The closest existing County Commuter bus service is along Route 40 via the County Commuter's Hagerstown to Hancock route which runs on Fridays only. The subject property is in the school districts of Conococheague Elementary School, Clear Spring Middle School, and Clear Spring High School. Enrollment at all three schools is below IPA rated capacity. NOVEMBER 24, 1992 MINUTES, CONT'D. (e) Present and future transportation patterns in the area. The proposed PUD will have access onto Maryland Route 63, a state highway classified as a Major Collector Highway. There is no proposed or funded improvement projects for Maryland Route 63 in the vicinity of the subject property. The State Highway Administration has indicated that at some point in the future, improvements to the I-70/Route 63 interchange will probably be necessary especially if Halfway Boulevard is extended westward to connect with Route 63. The County Engineering Department 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 subject property is currently zoned Agricultural and is adjacent to Agricultural zoned land to the west, north, and east. The adjacent land to the south is zoned Highway Interchange which is associated with the I-70/Route 63 interchange area. The property surrounding the site to the north, east, and south is primarily used for agricultural purposes with a few scattered residences. There are five historic sites listed on the Washington County Historic Sites Survey within a .5 radius of the proposed rezoning. These sites are as follows: WA-I-007 Small 19th Century log house WA-I-353 Late 19th Century farm house and barn WA-I-354 19th Century log house and barn WA-I-367 19th Century brick house "Huyett" WA-I-461 19th Century stone farmstead, house and barn The proposed rezoning from Agricultural to A-PUD - Agricultural is compatible with existing and proposed development in the area. (g) The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The property subject to this rezoning is located within the designated Urban Growth Area for Washington County. The Urban Growth Area concept is part of the adopted Comprehensive Plan for Washington County and is designed to encourage development within the Urban Growth Area in order to maximize the use of existing investments in sewers, highways, parks, transit and other services and to promote reasonable economy in the provision of new services. This proposed rezoning is compatible with the Adopted Plan for the County and Development Analysis Plan Map and Policies. (h) Whether there has been a substantial change in the character of the neighborhood where the property is located. Not applicable. (i) Whether there was a mistake in the existing zoning classification. Not applicable. (j) PUD Findings of Fact in accordance Section 16.0 of the Zoning Ordinance. The purpose of a PUD development is to promote a more economical and efficient use of the land while providing for a harmonious variety of housing choices, a more varied level of community amenities, and the promotion of adequate open space and scenic attractiveness. The public facilities in the area of the subject rezoning are available to serve the proposed development and the Adequate Public Facilities Ordinance criteria would be applied at the subdivision plat/site plan stage of the development. As indicated previously, the proposed development and proposed rezoning appears to be compatible with the policies of the Comprehensive Plan of the County. An examination of the application for the proposed PUD and testimony indicates that the proposed rezoning appears to be compatible with existing neighboring properties based on their existing or proposed use as best known by the Planning Department. The development has been designed to work with the natural constraints of the site and is located within the Urban Growth Area and is served by facilities that appear to be currently adequate. Motion made by Commissioner Snook, seconded by Bowers, based upon the report and recommendation of the Planning Commission, the definition of neighborhood, and the findings of fact, that the applicant has met the requirements of Section 16.0 of the Zoning Ordinance regarding Planned Unit Development (PUD). Motion carried with Commissioners Bowers, Snook, Shank, and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO". NOVEMBER 24, 1992 MINUTES, CONT'D. Motion made by Commissioner Shank, seconded by Bowers, to impose a requirement that existing upstream conditions at the Highland Manor Subdivision be remedied as proposed by the County Engineer and that all stormwater management criteria be met. Unanimously approved. Motion made by Commissioner Bowers, seconded by Snook, based upon the adopted findings of fact, the report and recommendation of the Planning Commission, the definition of neighborhood and the PUD findings of fact in accordance with Section 16.0 of the Zoning Ordinance, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. 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-92-13 be rezoned from "A" - Agriculture to "A"-PUD, Agriculture - Planned Unit Development. Motion carried with Commissioners Bowers, Snook, Shank, and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO". SOLID WASTE ADVISORY COMMITTEE - RECOMMENDATION James Black, Chairman of the Solid Waste Advisory Committee, appeared before the Commissioners to provide his Committee's recommendation of the proposal for a recycling facility. Mr. Black stated that the Committee held 2 meetings to review the proposal for a private firm to provide sorting and processing services for recyclables collected in Washington County. He indicated that the Committee had concerns about control and long-term stability if these services are not provided through a County-owned facility, and was deadlocked when it voted on this issue. Commissioner Roulette thanked the Committee and stated that the Commissioners have the same concerns and will look at the two (2) alternatives and have an analysis performed before making a decision. RECESS - LUNCHEON AT HAGERSTOWN JUNIOR COLLEGE The Commissioners recessed at 11:56 a.m. in order to attend a luncheon at Hagerstown Junior College. AFTERNOON SESSION The Afternoon Session was convened at 1:53 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 CASES RZ-92-10 AND RZ-92-11 RZ-92-10 Motion made by Commissioner Shank, seconded by Snook, to accept the definition of neighborhood and the proposed findings of fact as presented by the County Attorney for RZ-92-10, 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) Definition of the Neighborhood. The neighborhood for the purposes of this rezoning case constitutes all that property located one mile north and south of the subject property on Maryland Route 65 and one-half mile east and west of the subject property. (b) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission took action at a Special Meeting held on November 10, 1992 to recommend approval of the rezoning of property owned by the St. James Corporation. The Commission's decision was rendered upon due consideration of the testimony given at the public hearing of November 21, 1992, all correspondence received in lieu of public testimony during the 10-day period following the public hearing and staff reports dated August 31, 1992 and October 21, 1992. The Planning Commission in accordance with Section 16.0 of the Zoning Ordinance, established during deliberation of RZ-92-10 the following findings of fact: 1) The proposed RR-PUD met the intended purpose of a "PUD" - Planned Unit Development. 2) The proposed RR-PUD was within the designated UGA and conformed with applicable policies of the Comprehensive Plan. 3) The Concept Plan was determined to propose land uses compatible with neighboring properties. NOVEMBER 24, 1992 MINUTES, CONT'D. 4) No negative impacts on community infrastructure facilities were identified by agencies having jurisdiction. The County Engineer did identify that the developer in addressing storm water management concerns would have to go above and beyond the Ordinance's minimum criteria. (c) Population change in the area of the proposed change. The subject property is in Election District 10, the Funkstown Election District. In 1970, the population was 4,761, and this changed to 7,801 in 1980, and 9,330 in 1990. (d) Availability of public facilities in the area. The subject parcel is classified W-5 and S-5 in the adopted Water and Sewerage Plan of the County. The tract can therefore expect to be served by public water and sewer within a five to ten year period. However, reclassification to a higher priority does not require an amendment to the Plan and approval of a preliminary Plat or Site Plan and the immediate availability of public utilities can provide the impetus for reclassification. Water lines owned by the City of Hagerstown are located adjacent to the parcel on Maryland Route 65. The lines provide service along Route 65 and terminate at the penal complex. Service at this time is limited to this tract, although the Washington County Sanitary District has a proposed additional water line project before the State Department of Public Works. Currently, the subject site is not served by public sewer, although the Washington County Sanitary District has approved plans for a project which would provide service to this tract. The Washington County Sanitary District has indicated that the pumping station and force main needed to serve the St. James Subdistrict could be completed by the Fall of 1993. The Fairplay Volunteer Fire Department and the Hagerstown Community Rescue Service provide emergency services to this tract. The County Commuter bus service also serves this area twice a week on Wednesdays and Saturdays via scheduled routes to Sharpsburg and Boonsboro along Maryland Route 65. The subject tract is within the school districts of Emma K. Doub Elementary School, E. Russell Hicks Middle School, and South Hagerstown High School. The enrollment at all three schools is below the IAC rated capacity. The effect of the PUD on the enrollment in these schools is currently unknown. (e) Present and future transportation patterns in the area. The proposed PUD's primary access will be directly onto Maryland Route 65. Traffic counts taken at the intersection of Maryland Route 65 and College Road range from 9,000 vehicles on the weekends to 13,000 vehicles during the week. The County Engineer has no objections to the planned PUD. (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 land surrounding the subject site to the west, north, and east is generally used for agricultural purposes and is zoned Agricultural. The agricultural land to the east has residential units fronting on Maryland Route 65 typical of residential strip development which has occurred along Maryland Route 65. Adjacent to the southwest corner of the parcel is a large lot residential development. South of the proposed PUD is a concentrated residential development known as St. James Village. Zoning for this area is "RS", Residential Suburban. Also south of the site and immediately adjacent to the west of the St. James Village subdivision is a 100 acre tract of land zoned "RR", Residential Rural. This area has only scattered residential development at this time. A small commercial use is located at the intersection of Maryland Route 65 and College Road. There are five sites listed on the Washington County Historic Site Survey within .5 miles of the Maryland Route 65/College Road intersection. One of the structures is located on the site and is identified within the survey as a 19th century log farm house and barn (WA-1-403). The other four structures (WA-1- 397,409,410 & 411) were all generally described as 19th century brick houses. The PUD would be compatible with the existing and proposed development in the area. (g) The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The proposed rezoning is located within the Adopted Growth Area of Washington County which is part of the County's Comprehensive Plan. As such, the proposed change in the rezoning would be completely compatible with the Comprehensive Plan in that development of the Urban Growth Area is encouraged to obtain maximum use of the infrastructure in the community. NOVEMBER 24, 1992 MINUTES, CONT'D. (h) PUD Findings of Fact in accordance Section 16.0. The purpose of the PUD district is to permit a greater degree of flexibility and more creativity in the design and development of residential areas than is possible under conventional zoning standards. It is also to promote a more harmonious variety of housing choices, a more varied level of community amenities and the promotion of adequate open space and scenic attractiveness. The subject concept plan of the applicant meets these criteria and is consistent with the purpose of the PUD expressed in the Zoning Ordinance of Washington County. The Comprehensive Plan of the County encourages growth to occur within the Urban Growth Area where adequate public facilities exist or are planned and the development should offer a wide variety of housing types and costs. The attractiveness and livability of the community should be ensured by adherence to sound principles of community design. An adequate supply of land with urban services should be available at all times within the Urban Growth Area to meet needs of land for new development. Local services such as schools, police and fire protection, public streets, water and drainage facilities should be planned to be adequate for the projected population and employment growth. Again, the subject proposal by the Applicant meets the goals of the Comprehensive Plan. Planned and existing PUDs are located in the more urbanized portions of UGA versus the more suburban or rural setting of this case. The proximity of these PUDs to various types of multi-family structures tends to be close by and therefore the compatibility aspect of these PUDs did not present itself as an issue that needed to be addressed. This projected development is fully compatible with the Comprehensive Plan policy stating that housing units and planned developments made be in attached, detached, semi-detached or multi-story structures when the design of the development ensures compatibility with adjacent established land uses on the perimeter of the development. The proposed PUD is a logical extension of the St. James Village development and is totally compatible with the neighboring properties. the proposed PUD is to be developed in accordance with the policies of the Comprehensive Plan and the purpose of the PUD Article of the Zoning Ordinance. It also would require compliance with the Adequate Public Facilities Ordinance enacted by Washington County in December, 1990. Motion made by Commissioner Snook, seconded by Shank, based upon the report and recommendation of the Planning Commission, the definition of neighborhood, and the findings of fact, that the applicant has met the requirements of Section 16.0 of the Zoning Ordinance regarding Planned Unit Development (PUD). Motion carried with Commissioners Bowers, Snook, Shank, and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO". Motion made by Commissioner Snook, seconded by Bowers, based upon the adopted findings of fact, the report and recommendation of the Planning Commission, the definition of neighborhood and the PUD findings of fact in accordance with Section 16.0 of the Zoning Ordinance, there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Motion carried with Commissioners Bowers, Snook, Shank, and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO". Motion made by Commissioner Snook, seconded by Bowers, that based on the previous Motions, that the property in case RZ-92-10 be rezoned from "RR" - Rural Residential to "RR"-PUD, Rural Residential - Planned Unit Development. Motion carried with Commissioners Bowers, Snook, Shank, and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO". RZ-92-11 Motion made by Commissioner Snook, seconded by Irvin-Craig, to accept the definition of neighborhood and the proposed findings of fact as presented by the County Attorney for RZ-92-10, 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) Definition of the Neighborhood. The neighborhood defined for the purposes of this rezoning is outlined in blue on Exhibit H submitted by the Applicant for the rezoning. A copy of the neighborhood map introduced into evidence is incorporated by reference. (b) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission took action at a Special Meeting on November 19, 1992 to recommend APPROVAL of the rezoning of property owned by NOVEMBER 24, 1992 MINUTES, CONT'D. Douglas C. Saum. The Commission's decision was rendered upon due consideration of testimony given at the public hearing of September 21, 1992, any correspondence received in lieu of public testimony during the 10-day period following the public hearing, and staff reports dated August 19, 1992 and October 12, 1992. The Planning Commission accepted the staff's findings of fact as the Commission's findings of fact pursuant to Section 27.3 of the Washington County Zoning Ordinance. The recommendation was based on the commission's opinion that the applicant substantiated both a change in the character of the neighborhood as well as a mistake in the original zoning had occurred. (c) Population change in the area of the proposed change. The proposed rezoning is located in Election District 26, the Halfway Election District. The population has changed from 7,346 in 1970 to 9,489 in 1980, and 9,418 in 1990. (d) Availability of public facilities in the area. The subject property is classified W-1 and S-1 according to the Washington County Water & Sewerage Plan. There is existing water and sewerage service available to this property. The Washington County Sanitary District has no objection to the proposed rezoning and indicated that the subject property is within an active sanitary subdistrict. Fire protection is provided to the site by the Halfway Fire Department, and Emergency Medical Service is provided by the Williamsport Ambulance Service. The subject property is served by the County Commuter which has 16 scheduled trips from Hagerstown to Williamsport Monday through Friday and 11 trips on Saturday. The three schools which service this property are Hickory Elementary School, Springfield Middle School, and Williamsport High School. The reclassification of the subject property to Business General would not have any impact on the area schools, all of which are currently below capacity. (e) Present and future transportation patterns in the area. The rezoning site is located along the south side of Virginia Avenue, approximately 1,200 feet southwest of its intersection of Bower Avenue. The site has 371 feet of road frontage on Virginia Avenue which is classified by the County's Highway Plan as a Minor Arterial and which has a restriction of 500 feet between all new access points. The State Highway Traffic Volume Map indicated a count of 14,575 ADT for Virginia Avenue in the approximate location of the rezoning site. This information was obtained between January 1, 1990 and December 31, 1990. (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. At the present, the subject site is classified as Residential Suburban. Located to the northeast of the site and long the southwest side of Virginia Avenue are two single-family residences and vacant acreage. These properties are classified as Residential Suburban and Business Local respectively. At the intersection of Bower Avenue are some commercial uses zoned Business Local. Located to the northeast and situated along the northwest side of Virginia Avenue are a variety of land uses including apartments, single-family residences, and restaurants and commercial uses, all of which are zoned Residential Suburban. To the southwest of the site are parcels zoned Highway Interchange with uses including the Potomac Edison Substation, a gasoline station, and single-family residences. A change in the zoning classification to Business General would not appear to be incompatible with these existing developments; however, some of the permitted uses in the "BG" districts could conflict with existing single-family residences predominant in the area. (g) The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject property is located within the adopted Urban Growth Area established by the County's Comprehensive Plan. The Plan encourages development in the Growth Area which in turn would relieve pressure on the rural parts of the County and make the most of current investments and infrastructure. The proposed rezoning is not incompatible 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. Yes. Since 1973, there has been a substantial change in the character of the neighborhood in that new residential development in the Semples Run Drainage Area has caused considerable flooding of the subject property and adjoining properties and there has been a substantial increase in the volume of residential and commercial truck traffic on Bower Avenue since 1973. The narrow County road was NOVEMBER 24, 1992 MINUTES, CONT'D. originally designed to serve the older residences in this section of Halfway and was never designed to accommodate the present commercial or residential traffic or to be a short-cut from Downsville Pike to Virginia Avenue. Bower Avenue is the direct route for customers, employees, and Potomac Edison's tractor-trailers and other heavy duty vehicles are driven to and from its repair shop for supplies, maintenance, retrofitting and testing. In addition, there has been a substantial change in the population in this area altering the character of the neighborhood. (i) Whether there was a mistake in the existing zoning classification. Yes. The County adopts the argument of the Petitioner, that the County Commissioners at the time this property was last zoned, were unaware that the property was unsuitable for residential development due to its physical constraints, i.e., floodplain drainage, etc. As a result of these limitations, maximum permitted density cannot be achieved and thereby render the property economically unfeasible for residential development. Motion made by Commissioner Snook, seconded by Irvin-Craig, based upon the report and recommendation of the Planning Commission, the definition of neighborhood, and the adopted Findings of Fact, there has been a substantial change in the character of the neighborhood where the property is located. Unanimously approved. Motion made by Commissioner Shank, seconded by Bowers, that based upon the Findings of Fact, 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, there has been a convincing and logical demonstration that the property should be rezoned from "RS" - Residential Suburban to "BG" - Business General. Unanimously approved. Motion made by Commissioner Shank, seconded by Irvin-Craig, based upon the previous motions that the property in case RZ-92-11 be rezoned as requested. Unanimously approved. CLOSING-OUT SALE Motion made by Commissioner Snook, seconded by Bowers, to approve the application for authorization of a Closing-Out Sale as submitted by Masters, Inc., T/A Pharmhouse, 1111 Maryland Avenue, with the sale beginning on December 10, 1992, and extending to January 31, 1993. Unanimously approved. APPROVAL OF MINUTES - NOVEMBER 10 & 17, 1992 Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve the minutes of November 10, 1992, as submitted. Unanimously approved. Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve the minutes of November 17, 1992, as submitted. Unanimously approved. BID AWARD - FENCING AT COUNTY LANDFILL SITES Motion made by Commissioner Shank, seconded by Irvin-Craig, to award the bid for fencing at County landfill sites to Long Fence Co., Inc., who submitted the low bid of $32,860.75 and to waive the Performance/Payment Bond as recommended by the Purchasing Agent. Unanimously approved. AREA AGENCY ON AGING BY-LAWS The Commissioners reviewed and approved the by-laws submitted by the Area Agency on Aging. CAPITAL IMPROVEMENT PROJECTS - RESOLUTION Motion made by Commissioner Shank, seconded by Snook, to adopt a Resolution stating that Washington County will comply with Section 5-7A-02, Finance and Procurement Article of the Annotated Code of Maryland and establishing procedures for the review of local construction projects as official policy and procedure. Unanimously approved. (Copy of Resolution attached.) APPOINTMENT - WASHINGTON COUNTY HOUSING AUTHORITY Motion made by Commissioner Snook, seconded by Shank, to appoint Philip Hundley to the Washington County Housing Authority for a 5 year term. Unanimously approved. MARYLAND CONSERVATION CORPS APPLICATION Motion made by Commissioner Shank, seconded by Snook, to authorize submittal of an application to the Maryland Conservation Corps by the Parks Department for clean-up and stabilization of Licking Creek stream bank at Camp Harding Park. Unanimously approved. NOVEMBER 24, 1992 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Shank, seconded by Snook, to convene in Executive Session at 2:07 p.m. with regard to personnel and property matters, to confer with the County Attorney to obtain legal advice, and to consider businesses relocating within Washington County, 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 2:37 p.m. Unanimously approved. CHANGE ORDER - WESTERN MARYLAND PARKWAY CONTRACT Motion made by Commissioner Shank, seconded by Snook, to approve the Change Order for Western Maryland Parkway changing quantities for unclassified excavation but leaving the total contracted amount the same. Unanimously approved. REAPPOINTMENT - RECREATION & PARKS BOARD Motion made by Commissioner Shank, seconded by Snook, to reappoint Ronald Phillips to the Recreation and Parks Board for a 3 year term. Unanimously approved. STATE CUTS TO SOCIAL SECURITY BENEFITS The Commissioners met with Delegates John Donoghue and Anita Stup, along with representatives of the Board of Education, Hagerstown Junior College and the Washington County Free Library, to discuss cuts to the State's share of the Social Security contributions for teachers, library employees and Hagertown Junior College employees. Delegates Donoghue and Stup reviewed the legislation adopted in special session and Washington County's portion of the cut totalling $3,392,877. They discussed possible ways to deal with the reductions and the actual Social Security costs which differ from the figures shown in the legislation. After discussion, the Commissioners asked Mr. Young, Director of Finance, to try to get accurate figures to give to the State Delegates to see if the amount could be revised when they meet again in January 1993. BOARD/COMMISSION REPORTS Commissioner Bowers reported on the organization meeting for the Advisory Commisison to the Board of Health. Commissioner Irvin-Craig expressed concerns regarding Commissioner Bowers representing the Board on this Commission. Commisisoner Shank reported on the Municipal League meeting. ADJOURNMENT Motion made by Commissioner Snook, seconded by Shank, to adjourn at 4:28 p.m. Unanimously approved. County Attorney , Clerk