Loading...
HomeMy WebLinkAbout990831 August 31, 1999 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 3:00 p.m. by President Gregory I. Snook with the following members present: Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Iseminger, to convene in closed session at 3:03 p.m. to discuss personnel issues, to consult with counsel to obtain legal advice, and to consider businesses relocating to Washington County, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Wivell, seconded by Schnebly, to reconvene in open session at 5:08 p.m. Unanimously approved. In closed session, the Commissioners considered one (1) personnel issue, consulted with counsel to obtain legal advice on four (4) matters, and discussed the status of businesses relocating to Washington County. Present during closed session were Commissioners Gregory I. Snook, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; John Howard, Director of Economic & Community Development (EDC); Timothy Troxell, Assistant Director of the EDC; Thomas Newcomer, EDC member; Corey Stottlemeyer, EDC Administrator; Robert Arch, Director of Planning & Community Development; Sheriff Charles Mades; Alan Davis, Director of Human Resources; and Gary Rohrer, Director of Public Works. RECESS The Commissioners recessed at 5:08 p.m. EVENING SESSION - HALFWAY FIRE COMPANY The evening session was convened at 7:00 p.m. by the President, Gregory I. Snook with the following members present: Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - AUGUST 24, 1999 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of August 24, 1999, as amended. Unanimously approved. UPDATE - ECONOMIC DEVELOPMENT COMMISSION John Howard, Director of the Economic Development Commission, met with the Commissioners to provide details on TECHFAST. He stated that the High Technology Council of Maryland will be sponsoring a series of breakfast sessions for high technology executives across the state. Mr. Howard noted  that this is the first time that a TECHFAST Breakfast of Champions will be held in Western Maryland. He encouraged the Commissioners to support and attend the breakfast at the Ramada Inn Convention Center on September 10. 1999 ON BEHALF OF PROGRAM (OBO)- HOUSING BOND AUTHORIZATION Motion made by Commissioner Schnebly, seconded by Iseminger, to assign  Washington Countys 1999 housing bond allocation in the amount of $2,255,470 to the Community Development Administration for use in the On Behalf of (OBO) Program for use in the Maryland Mortgage Program. Unanimously approved.  CITIZENS PARTICIPATION Paul Helm expressed his concerns regarding the negative effects the requested annexation and rezoning on Mt. Aetna Road will have on existing properties in the area. Jim Laird spoke regarding the annexation proposal on Mt. Aetna Road. He  stated that the developers request to the City of Hagerstown to change the zoning from R-2 to R-1 will have little impact and asked the Commissioners to continue to deny their approval. Allan Powell, a resident of Brightwood Acres, indicated that there is little difference between the R-1 and R-2 City zoning and that the density AUGUST 31, 1999 PAGE TWO resulting from the multi-family units which are planned would not be compatible with the existing neighborhood. Chuck Buhl expressed his concerns about the compatibility of the planned unit development (PUD) planned for the proposed development on Mt. Aetna Road. Don Allensworth argued that the change from R-1 to R-2 zoning is a minor change of 1,000 square feet. William Wantz, local attorney, stated that he represented a number of property owners in the Mt. Aetna Road area at the annexation hearing before the City of Hagerstown and the debate regarding the zoning classification. Mr. Wantz stated that the distinction between R-1 and R-2 zoning with a PUD overlay is a distinction without a difference. Eric Bender expressed concerns about the impact the proposed development would have on the roads in the area as well as on the class sizes at the local elementary school. Wes Churchey, developer of the proposed project, mentioned the other multi- family developments that have been built in the Robinwood Drive area. He also outlined what kinds of development the current zoning would allow. Several other residents of the Mt. Aetna Road area who did not provide their names expressed their concerns with the proposed annexation and rezoning. Dick Gruber of Triad Properties stated that the development represents an upgrade to the community. Earl Huyett indicated that he was originally opposed to the development but, after looking at the site plan and model, has changed his mind and now feels it is a wonderful concept. Kent Oliver, the attorney representing Triad, referred to the memorandum he submitted to the City and stated that he is confident in their legal position on the issue of the compatibility of the zoning. Mr. Oliver stated that he believes this development is an appropriate use for the property  under the Countys Comprehensive Plan. ANNEXATION & REZONING - TRIAD The Commissioners discussed the request made by Triad that they reconsider  their decision to deny express approval of the proposed annexation and rezoning of 36.69 acres on Mt. Aetna Road. Richard Douglas, County Attorney, noted that the developers originally proposed that the property be annexed into the City of Hagerstown with an underlying R-2 zoning with a PUD. That proposal has now been amended to an R-1 zoning with a PUD. Mr. Douglas quoted Maryland Code, Article 23A, Section 9(c) regarding annexation. He explained that the law provides that no municipality annexing land may, for a period of five years following the annexation, place the annexed land in a zoning classification which is substantially different as set forth in the current master plan without the express approval of the Board of County Commissioners. He stated the current County zoning for the property is Agricultural. The Commissioners discussed their positions on the matter. Commissioner Snook stated that Commissioner Swartz has asked that his opposition to the request be included in the record. Motion made by Commissioner Wivell, seconded by Iseminger, to deny the  express approval of the Board provided for in Md. Code, Article 23A, Section 9(c), to the annexation and rezoning to R-1 proposed by Triad Properties in the City of Hagerstown (Case No. ZM-99-02) for the following  reasons: 1) the proposed zoning classification is substantially different than that set forth in the County Comprehensive Plan as specified in the Zoning Ordinance, under which it is now an Agricultural zone; 2) incompatibility with the surrounding area; 3) creation of additional traffic through an already congested area, including the intersection at Mt. Aetna Road and Robinwood Drive; 4) the opposition by residents of the neighborhood surrounding the property to be annexed; and 5) the creation of a multi- family structure in an area surrounded by single-family dwellings. Motion  carried with Commissioners Wivell, Iseminger and Snook voting AYE and  Commissioner Schnebly ABSTAINING. AUGUST 31, 1999 PAGE THREE REZONING AMENDMENT RZ-99-07 (LARRY YOUNKER) Robert Arch, Director of Planning & Community Development, reviewed rezoning map amendment RZ-99-07 which was submitted by Larry Younker for a Historic Preservation overlay designation. Richard Douglas, County Attorney, provided additional information on the differences between an overlay and a floating zone. Motion made by Commissioner Iseminger, seconded by Wivell, to make the findings of fact as set forth in the report of the County Attorney and the recommendation of the Planning Commission. Unanimously approved. (A copy of the findings of fact is attached.) Motion made by Commissioner Iseminger, seconded by Wivell, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property, is consistent with the goals and objectives of the Comprehensive Plan, meets the criteria of Section 20.5 of the Zoning Ordinance, and furthers the goal to preserve historic resources. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, based on the previous motions, that the proposed rezoning from C-Conservation to C/HP - Conservation with a Historic Preservation overlay be granted. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the County picnic will be held on September 11 at Antietam Recreation. He also informed the Commissioners that he hired Cynthia Dodson to fill the position  as Executive Office Associate in the Commissioners office, and that she will be staring on September 20.  COMMISSIONERS REPORTS & COMMENTS Commissioner Schnebly reported on the Local Management Board (LMB) meeting and the Airport Addvisory Commission meeting. Commissioner Wivell reported on the Solid Waste Advisory Committee meeting.  He informed the Commissioners that he was a guest on Trav Rupperts radio program. Commissioner Wivell also commented on the meeting of the Western Maryland County Commissioners. Commissioner Iseminger also reported on the meeting of the Western Maryland County Commissioners. Commissioner Snook informed the Commissioners that he received a letter from the County Commissioners of Berkeley County, West Virginia, regarding attempts to save their roundhouse. He asked if the Commissioners had any recommendations for a representative from Washington County to serve on their advisory committee. Commissioner Snook stated that he issued a challenge to Mayor Bruchey and City employees to raise funds for the American Heart Walk. He noted that the walk will be held on October 2 and asked for volunteers to walk or pledge funds for this cause. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Iseminger, to adjourn at 8:35 p.m. Unanimously approved. County Administrator County Attorney , Clerk