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HomeMy WebLinkAbout890418April 18, 1989 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, Ronald L. Bowers, with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey and Richard E. Roulette. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Downey, followed by the Pledge of Allegiance to the Flag by the full assemblage. DETENTION CENTER - PAY PHONE COMMISSION Sheriff Mades presented the Commissioners with a check in the amount of $1,854 which are the commission fees from the pay phones at the Detention Center and stated that he will be submitting a commission check to the County each month. INTRODUCTION OF NEW EMPLOYEE Paul Prodonovich, Director of Permits & Inspections, introduced Linda Sokol, who is a new Secretary in his office. BOARD/COMMISSION REPORTS Commissioner Irvin reported on the Airport Commission meeting, the Children's Council meeting, the HJC Pool Committee, the Commission for Women meeting and the Board of Education Child Care Committee; Commissioner Roulette reported on activities at the golf course; and Commissioner Downey reported on the Fire & Rescue Advisory Board meeting and the meeting he attended regarding the drag strip near Mt. Lena. APPROVAL OF MINUTES - APRIL 4 & 11, 1989 Motion made by Commissioner Irvin, seconded by Downey, to approve the minutes of April 4, 1989, as amended, and April 11, 1989, as submitted. Unanimously approved. REZONING CASES - RZ-414-415 RZ-414 Owner: Charles L. Powell. Applicant: Maugansville Elevator & Lumber Co., Inc., request to rezone 7.10 acres from A - Agriculture to HI - Highway Administration. Motion made by Commissioner Roulette, seconded by Commissioner Irvin to adopt the following findings of fact and to DENY Rezoning Case RZ-414: 1. The report and recommendations of the Planning and Zoning Commission. The report and recommendations of the Washington County Planning Commission dated April 14, 1989 were considered by the Board of County Commissioners for Washington County, Maryland in rendering this decision. APRIL 18, 1989 MINUTES, CONT'D. 2. The neighborhood for this particular piece of real estate consists of all those parcels within a 1/2 mile radius of the subject property. 3. Population change in the area of the proposed change. The population in Election District 13 (Maugansville) was 4,107 in 1970, 5,030 in 1980, and it is projected that it will be approximately 5,261 in 1990. There was a 22.5% increase in population from 1970 and 1980, and it is projected that there will be a 4.6% increase in population from 1980 to 1990. 4. Availability of public facilities in the area. Although there is the availability of public facilities in the area, it does not appear that they would service this particular area of land. 5. Present and future transportation patterns in the area. Present and future transportation patterns as projected do not show evidence that would justify rezoning to HI though the area does have HI zoning. The subject property is located along the East side of Maugansville Road, approximately 1,000 feet north of where the road crosses Interstate 81. The site has 864 feet of frontage on Maugansville Road which is classified by the Washington County Highway Plan as a minor collector and which has a restriction of 100 feet between all new access points. 6. CompatibilitY with existing and proposed development of the area including indication of neighboring site identified by the Washington CountY Historic Site Survey and subject revisions or updates. At the present time, the 7.10 acres requested for rezoning is classified as Agriculture. It is near HI zoning. The immediate neighborhood is Agricultural and Residential in character and certain uses allowed in the HI, Highway Interchange, district would be incompatible with the subject area. Land uses falling into this category would be the higher intensity permitted uses listed in the Business General, Planned Business, or Business Local districts. There are numerous neighboring sites identified by the Washington County Historic Site Survey within two miles of the subject property. 7. 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 as a major goal of the comprehensive plan for Washington County in August, 1983. 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. 8. Was there a substantial change in the character of the neighborhood where the property is located. There is no allegation that there was a substantial change in the character of the neighborhood where the property is located. 9. Has there been a mistake in the existing zoning classification. The applicant contends there was a mistake in the original zoning in that no residential growth has occurred in a rezoning neighborhood since 1973, there are numerous existing commercial establishments within the subject area, the availability of an existing railroad track and siding to service the rezoning site makes it appropriate for business use, an existing 12 inch water line lies adjacent to the site's western boundary, the site would be accessible from Interstate 81, the site is located within the adopted Urban Growth Area, properties with HI classifications should be located within one half mile from the center of the interstate, and the Comprehensive Plan encourages development in areas where public facilities were located. The Board of County Commissioners does not believe there has been a mistake in the original zoning for the following reasons: (a) there are almost no commercial establishments existing in this area, and the only commercial establishments are the truck repair garage and Maugansville Elevator and Lumber Company located nearby. There are seven houses, comprising the majority of all development in the neighborhood quite close to this property; (b) the existence of a railroad line in Hagerstown is not evidenced of the mistake in rezoning; APRIL 18, 1989 MINUTES, CONT'D. (c) the Comprehensive Plan recommends that the residential development be encouraged to locate within the Urban Growth Area with Public facilities and the existence of the 12 inch water line does not necessarily warrant a reclassification of the property for commercial use; (d) the majority of the surrounding acreage is used in Agriculture and does not necessarily justify a mistake of rezoning; (e) there is no showing of a need for additional Highway Interchange zoning in the subject neighborhood since there are currently approximately 97 acres of HI zoning classification within one-half mile of this property which is all currently undeveloped and which seems sufficient to support the needs of the neighborhood; (f) the interchange at Maugansville Road and Interstate 81 is not a full interchange design and not necessarily evidence of a mistake in rezoning. Interstate 81 could not fully service the the subject property; (g) the HI zoned properties lying at the Intersection of Interstate 81 and Route 58, Cearfoss Pike, and Interstate 81/Maugans Avenue are more appropriately zoning HI because of their proximity to the interchange with Interstate 81. Due to the rule of character of the neighborhood surrounding this property, certain uses allowed in the HI district would be incompatible with the subject property. The requested HI zoning does not appear to be logical or appropriate for this particular piece of land. Unanimously approved. RZ-415 Property owner and applicant: Estate of Irene Fulton, Home Federal Savings Bank, William H. Eichelberger, Exxon Company USA, Harry M. Moy and Dorothy M. Row. Total of 9.19 acres. Request to rezone from RU - Residential Urban to BL - Business Local Motion made by Commissioner Downey, seconded by Commissioner Roulette, to adopt the following findings of fact and APPROVE Rezoning Case RZ-415: 1. The report and recommendations of the Planning and Zoning Commission. The report and recommendations of the Washington County planning Commission were received and considered by the Board of County Commissioners in rendering their decision. 2. The neighborhood consists of the northwest and the northeast quadrants of the intersection of Virginia Avenue and Halfway Boulevard and all properties adjoining said intersection. The neighborhood continues to the south of Marbern Road and continues north to Edgewood Road; to the east from Oakridge Drive to the Valley Mall Complex. It extends to all four corners of the intersection of Virginia Avenue and Halfway Boulevard. 3. Population change in the area of the proposed change. The population in Election District 26 (Halfway) was 7,346 in 1970, 9,489 in 1980 and it is projected it will be 9,942 in 1990 There was a 29.2% increase in population from 1970 to 1980, and it is projected there will be a 4.7% increase in population from 1980 to 1990. 4. Availability of public facilities in the area. Both public water and sewerage services are available to this property, and the property is served by the County Commuter which has 22 scheduled trips to Williamsport and 20 trips to the Valley Mall each day. Virginia Avenue is classified by the Washington County Highway Plan as a minor arterial road and has a restriction 500 feet between all new access points. Halfway Boulevard is classified a major collector and has a restriction of 300 feet between entrances. County engineers recommend the disapproval of the rezoning request because of concern that the intersection of Virginia Avenue and Halfway Boulevard is unable to handle not only existing traffic but future congestion resulting from added commercial establishments. The State Highway Administration indicated concern over the existing operational problem at the intersection of U. S. Route 11 and Halfway Boulevard. APRIL 18, 1989 MINUTES, CONT'D. 5. Compatibility with existing and proposed development of the area including indication of neighboring site identified by the Washington County Historic Sites Survey and subsequent revisions or updates. At the present time the parcels requested for rezoning are zoned Residential Urban. There has been considerable commercialization in this immediate area and in the neighborhood since 1973 and no rezoning growth has started in the rezoning area since 1973. The population growth of this area is indicative of commercialization. The majority of growth within the subject neighborhood has been of a commercial nature since 1973. 6. The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject properties are located within the adopted Urban Growth Area established as a major goal of the Comprehensive Plan for Washington County in August, 1983, and the Plan encourages development within this growth area. 7. Has there been a substantial change in the character of the neighborhood where the property is located. The County Commissioners believe that there has been a substantial change in the character of the immediate neighborhood because of the commercial development in the Valley Mall Complex and because of the commercialization of all property around this particular intersection. Halfway Boulevard has been constructed since 1973, the majority of growth within the subject neighborhood has been of a commercial nature since 1973, no substantial residential development has started in the rezoning area since 1973, and the entire area is becoming more commercial in nature. 8. Was there a mistake in the existing zoninq classification. The Board of County Commissioners believes there has been a mistake in the original rezoning classification for this particular parcel of land because of its location at the corners of Virginia Avenue and Halfway Boulevard. The County Commissioners are imposing conditions on this rezoning, namely, that additional screening using shrubbery be placed along the northeast side of the property to be rezoned near Greenberry Hills and with the additional condition that the right turn lane to Home Federal be improved pursuant to specifications provided by the State Highway Administration to improve ingress and egress to the intersection. Unanimously approved. BFI PRESENTATION Ronald Tuder and Jeff Taylor, representing Browning-Ferris Industries, and Phil Mallott, previous owner of the Sanitary Disposal Company which is now owned by BFI, appeared before the Commissioners and presented a video-tape concerning the services they provide in trash disposal and processing. MISS MARYLAND PAGEANT Chuck Skinner, Executive Director, and Pat Skebeck, President of the Miss Maryland Scholarship Pageant, appeared before the Commissioners and thanked them for their continuing support of the Miss Maryland program by providing transportation for the contestants and hosting a luncheon for their parents. Mr. Skinner requested that the County contribute toward the cost of renting the Maryland Theatre for the week which costs approximately $3500/week. He also showed the Commissioners the Miss America Pageant Booklet and gave them prices for placing an ad in the booklet. The Commissioners indicated that they were not interested in placing an ad in the Miss America Pageant Booklet but took the matter of the rental of the Maryland Theatre under advisement at this time. JOINT PUBLIC HEARING - WATER & SEWER PLAN AMENDMENTS The President convened the meeting in a joint public hearing with the Planning Commission at 11:00 a.m. Along with the Commissioners, Planning Commission President Jack Byers and members Donald Zombro, Bert Iseminger, Ray Johns and Judy Acord were in attendance to consider two applications for amendment of the Water & Sewer Plan. Tim Lung, Associate Planner, presented cases WS -89-1 and WS -89-2. Case WS -89-1 was submitted by David Negley for a new water and sewer area and service designation to allow him to construct a proposed retirement community. Mr. Lung stated that the plan calls for construction of 58 -units to be completed in APRIL 18, 1989 MINUTES, CONT'D. phases. Mr. Negley is proposing a package treatment plant to handle sewer capacity of 12,000 gallons per day and a new community/public water system using a spring located on the north side of his property as the source of water. The Commissioners had several questions regarding this application and stated that they will need more information before making a decision. There was no one else present to speak for nor against the said application. WS -89-2 Mr. Lung stated that WS -89-2 was submitted by Dale Ausherman to change the sewer service designation from S-7 to S-3 on a 43.5 acre tract known as The Orchard, a proposed development which would consist of 279 single-family dwelling units. This is currently before the Smithsburg Planning Commission for rezoning within the adopted 'TA' area. Mr. Lung stated that it does appear to be consistent with the policy of the County's Comprehensive Plan. The tract currently has the water designation of W-3. Catherine Parks, a planner representing Fox & Associates, spoke in favor of the proposed application. There being no one else present to speak for nor against the said application, Mr. Byers announced that the record will be held open for ten (10) days in order to receive written comments on the two amendments. The meeting was reconvened in regular session at 11:40 a.m. MOSQUITO CONTROL AGREEMENTS Motion made by Commissioner Downey, seconded by Roulette, to approve the Mosquito Control Agreement with the State of Maryland Department of Agriculture for the year 1989-90 for spraying in the designated areas. Unanimously approved. APPOINTMENT - MENTAL HEALTH ADVISORY COMMITTEE Motion made by Commissioner Roulette, seconded by Irvin, to appoint Dr. Richard Binford to the Mental Health Advisory Committee for a term of three years. Unanimously approved. TAX ABATEMENT - PLANNING RESEARCH CORPORATION Motion made by Commissioner Roulette, seconded by Downey, to abate the personal property taxes for the Planning Research Corporation in the amount of $1,431.04 plus inerest, since the personal property for which the tax bill had been issued was not located in Washington County during the 1986 and 1987 tax years. Unanimously approved. TOURISM - LINE ITEM TRANSFER Motion made by Commissioner Roulette, seconded by Downey, to approve the line item transfer requested by the Tourism Department for the transfer of $1900 from Advertising (01-5-0221-521-000) to Office Furniture and Equipment (01-5-0221-687- 000). Unanimously approved. LINE ITEM TRANSFER - PARKS DEPARTMENT Motion made by Commissioner Roulette, seconded by Downey, to transfer $15,000 within the Capital Improvements Budget from Chestnut Grove Development Project 11 to Halfway Park Memorials. Unanimously approved. LANDFILL USER FEE STRUCTURE Motion made by Commissioner Downey, seconded by Irvin, to institute the fee structure as presented at the public hearing on April 4, 1989 as follows- $5/automobile, $10/truck without sideboards used for non-commercial use, $25/ton commercial hauling fee, $75/ton for unsliced tires, $60/ton for industrial sludge, $1.50 pr bag - asbestos and $7.50/asbestos drum, and to initiate penalty charges for late payment after 30 days and 60 days, and loss of landfill privileges after 90 days with Barry Teach, County Administrator, to determine specific implementation. Unanimously approved. REZONING CASES CONT'D. RZ-416 Applicant and property owner: The Blake Company, c/o M. William Dutton, Jr., 1.1375 acres from A - Agriculture to HI - Highway Interchange. Motion made by Commissioner Roulette, seconded by Commissioner Downey to adopt the following findings of fact for Rezoning Case RZ-416: 1. The report and recommendations of the Planninq and Zoning Commission. The Report and Recommendation of the Washington County Planning Commission dated April 14, 1989 were considered by the Board of County Commissioners for Washington County, Maryland in rendering this decision. APRIL 18, 1989 MINUTES, CONT'D. 2. The neighborhood defined for this particular parcel of land consists of the property in question and extends to Hopewell Road one-half mile to the north, the Interstate 81 - Halfway Boulevard intersection, and back to the tract. 3. Population change in the area of the proposed change. The population has increased in the immediate area. This particular parcel of land is located in or near three election districts, and in each of the election districts the population has increased from 1970 to 1980 from 4.8% to 29.2%. It is anticipated that the population will increase in the future in this particular area. 4. Availability of public facilities in the area. The site is not located within a Washington County Sanitary District subdistrict and is not serviced and there is no plan to service, either water or sewer, for the site for the next ten years. 5. Present and future transportation patterns in the area. There is very little information on traffic counts in this area, but it was the consensus of the Board of County Commissioners that the traffic on Hopewell Road has increased considerably, and Hopewell Road is in the process of being improved. It is felt that traffic on Hopewell Road has increased significantly from the last traffic count which occurred in 1976, indicating 1,260 cars per day. 6. Compatibility with existing and proposed development of the area including indication of neighboring site identified by the Washington County Historic Sites Survey and subsequent revisions or updates. The proposed rezoning is compatible with the existing area surrounding this parcel which is predominantly HI land owned by AC & T, Inc. 7 The relationship of the proposed 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, and 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 proposed changes are compatible with the neighborhood and proposed development of said neighborhood. 8. Has there been a substantial change in the character of the neighborhood where the property is located. There is no indication or supporting documentation that there was a change in the character of the neighborhood. 9. Is there a mistake in the existing zoning classification. It is believed by the Board of County Commissioners that there was a mistake in the original zoning, and this mistake was also an extension of the Wintermoyer court case that brought over the HI boundary to that property and created a parcel of agricultural land in between two HI districts. This particular parcel should be zoned HI (Highway Interchange). The proposed rezoning is appropriate and compatible with the existing neighborhood and the applicant provided an accurate case in establishing his burden of proof. The motion was made by Commissioner Roulette, seconded by Commissioner Downey to APPROVE Rezoning Case RZ-416 based on the adopted findings of fact, the recommendation and findings of fact of the Planning Commission based on a mistake in the original zoning. Unanimously approved. RZ-417 Motion made by Commissioner Roulette, seconded by Commissioner Downey, to TABLE rezoning case RZ-417 until further study. Unanimously Approved. RZ-418 Property Owner and applicant: Potomac Edison Company. A - Agriculture to PI - Planned Industrial. 196 acres. Motion made by Commissioner Roulette, seconded by Commissioner Downey to adopt the following findings of fact as follows, with delineation of the neighborhood as proposed by the Planning Commission staff, not by the applicant: APRIL 18, 1989 MINUTES, CONT'D. 1. The report and recommendations of the Planning and Zoning Commission. The Report and Recommendation of the Washington County Planning Commission dated April 14, 1989 were considered and read by the Board of County Commissioners in rendering their decision in this case. 2. Population change in the area of the proposed change. Election Districts 2, 10 and 26, which are the Election Districts in the immediate area, have shown increases in population since 1970 and again since 1980. It is anticipated that the increase in population will continue but at a slower rate. 3. The neighborhood is defined as that area going north to Interstate 81, south to Rench Road, and east to the Review & Herald property. It does not cross over Interstate 70 as alleged by the applicant. It is that neighborhood defined in the plat and outlined in the solid line entitled "Planning Staffs Neighborhood Delineation", a copy of which is attached to the Washington County Planning Commission's Report and Recommendation 4. Present and future transportation patterns in the area. There has been a substantial increase in traffic on Maryland Route 632, and the State Highway Administration reports for 1973 through 1986 an increase in traffic southbound on Route 632 by 100% and northbound by 127%. The anticipated capital improvement projects could affect traffic patterns in this immediate area. It is anticipated that traffic will continue to increase on Maryland Route 632. 5. Compatibility with existing and proposed development of the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. The proposed development of this particular parcel and proposed rezoning is compatible with the existing area. The only change in the area since 1973 has been Callas Contractors on an adjacent tract of land. The proposed rezoning is consistent and compatible with the surrounding property. There are five sites close to this property listed by the Washington County Historic Sites Survey, and this proposed rezoning is still compatible with said area. 6. The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The parcel is substantially inside the Urban Growth Area, and the proposed rezoning is consistent and compatible with many of the goals outlined in the Comprehensive Plan. 7. Has there been a substantial change in the character of the neighborhood where the property is located. There has not been a substantial change in the character of the neighborhood where the property is located. 8. Is there a mistake in the existing zoning classification. The Board of County Commissioners found that the applicant has made a convincing demonstration that a mistake was made in 1973 in zoning this parcel of land Agricultural instead of PI (Planned Industrial) since the Board of County Commissioners did not consider Potomac Edison's construction of water and sewer facilities which had the capacity for servicing all of the land holdings owned by Potomac Edison and not just the building constructed by Potomac Edison on its property. The property location on the fringe of an urban center would take advantage of all urban services without presenting conflict with the small amount of development existing at this time, and the company in 1973 had contiguous land holdings which far exceeded the needs of its corporate office building. In light of the construction of the sewer and water facilities by the company to service the entire area and not just its corporate headquarters, and, because of the contiguous location of said property on the fringe of an urban center, it is believed that a mistake was made in the original rezoning in 1973. The Board of County Commissioners believes that the zoning is appropriate and logical and the applicant demonstrated adequately that the requested rezoning would be appropriate and logical for this particular piece of land. Motion made by Commissioner Roulette, seconded by Commissioner Irvin to APPROVE the Rezoning Case RZ-418 based on the findings of fact as adopted, the recommendation of the Planning Commission and Staff based on a mistake in the original zoning. Unanimously approved APRIL 18, 1989 MINUTES, CONT'D. REVENUES - FISCAL YEAR 1989-90 James Young, Director of Finance, reviewed the revenues budget for the Fiscal Year 1989-90. Mr. Young stated that there is approximately a 10% increase in real and property taxes which was the major area of change. Mr. Young also informed the Commissioners that $11.3 million must be cut from the budget requests to keep the current tax rate. The Commissioners agreed to an 8% income tax rate, 7% interest income and to maintain the present tax rate of $2.13, for purposes of a proposed revenue budget at this time. ACCEPTANCE - MARYLAND HISTORICAL TRUST GRANT Motion made by Commissioner Irvin, seconded by Downey, to accept the planning grants from the Maryland Historical Trust for the Towns of Hancock and Williamsport to allow them to conduct a commercial planning and feasibility study. Unanimously approved. REQUEST FOR ONE-WAY TRAFFIC Motion made by Commissioner Roulette, seconded by Irvin, to make traffic one way on Keedysville Road between the two bridges going north and on Beaver Creek Road in the vicinity of Beaver Creek School and the museum for the annual House and Garden Pilgrimage, with the condition that the Fire Police provide assistance with traffic control. Unanimously approved. ADVANCE - WASHINGTON COUNTY HOUSING AUTHORITY Motion made by Commissioner Roulette, seconded by Downey, to advance up to $25,000 to allow the Washington County Housing Authority to have 500 lineal feet of water line installed in Center Street to allow the Boonsboro Elderly Housing Project to connect to the Town of Boonsboro's water supply with the Housing Authority's assurance that they will reimburse the County when grant funds are received. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin, to convene in Executive Session at 3:30 p.m. in regard to personnel and property matters and to confer with the County Attorney, in accordance with Section 10.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. At this time President Bowers was excused from the Meeting, and Vice President Irvin assumed the Chair. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, secnded by Downey, to reconvene in Regular Session at 5:05 p.m. Unanimously approved. PROMOTION - HOUSING PROCESSOR II Motion made by Commissioner Roulette, seconded by Downey, to promote Mary Becraft from Housing Processor I to Housing Processor II to fill an existing vacancy. Unanimously approved. EMPLOY - INSURANCE & SAFETY COORDINATOR Motion made by Commissioner Downey, seconded by Roulette to employ Annajean Bitner as Insurance & Safety Coordinator at Grade 9, Step A. Unanimously approved. SUMMER PLAYGROUND HIRES - RECREATION COMMISSION Motion made by Commissioner Roulette, seconded by Downey, to employ the following for the summer playgrounds for the Recreation Commission: Clear Spring - Michelle Hammond - Director, Carol Shirley - Aide; Elgin City Park - West Hoover, Director; Fountain Rock Elementary - Monica Allen; Funkstown Elementary - Scott Kidd - Director, Julie Stein - Aide; Hancock - David Trumpower - Director; Hellane Park - Kelly Martin - Director; Hickory Elementary - Michelle Deavers - Director, Amy Bowers - Aide; Lincolnshire - Judy Cline; Noland Village - Steve Zigler - Director; Reed City Park - Terence Byard, Jr. - Director, Julie Rush - Aide; Smithsburg - John Miller - Director, Sally Miller, Aide; Wheaton Park - Imajean Jones - Director, Charles Kidrick - Aide; and Potomac Heights - Curtis Shaw. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Downey, to adjourn at 5:05 p.m. Unanimously approved. County Attorney , Clerk