HomeMy WebLinkAbout931214ec mber 14 , 1993
Hagerstown, Mayland 21740
The Re ular Meting of the Board of County Cornmissione o Wash'ngt n County was
called to order at 8:00 a.m. by the President, Rjchard E. Roule te, with the
following member. present: Vice Presjd nt Renal r,. Bowers , and ~nm sioners
Linda C. rvin-Craig, Gregory I. nook , and Johns. Shank.
INVOCAT I ON -ALLEGIANCE
The Inv c ered by Commissioner Bowers, fo owed y ho Pl dge of
Allegiance to the Fla by th full a semblag .
B1D AWARD -COMPUTER SYSTEM
Mot ion made by Commissioner B we s , s1scond d by Irv in-Cr a jg , ·o approv th
recomm -ndation of the Director of Computer Information Servic a ·o a ward th bid
for he computer sys em o ·he IM Corporation which submi d the low bid of
$243,076. Unanimous y approved.
CONDITIONAL STREET ACCEPTANCES -HUYETT$ BUSINESS PARK & RIVER BENO FARMS
Mot·on made by Cornmissione hank , seconded by Bowes, to condit 'onally accept
950 linear fee of Busine s Parkway ocated in the Huyetts Bu 'ne. s Park with a
2 y ar Maintenance Bond of $5,000. Unanimously a proved.
Mo ·on made by Commissioner Shank , s cond d by Bowers , to conditiona y ce t
total of 4,122 linear feet of River Bend Cou and R'vor Rock Court i n t he
Rive B 1d ubdiv ·s ·on , Phase 2 , and o gu ·re a y r Maintenance Bond of
$21,000. nanimous y approved .
BID AWARD -SANI TARY LANDFILL -NORTH SECTI ON CELL Nl
M tion made by Commissioner Bow -rs , seconded by I vin-Crai , to award the bid for
North Section C N at th Washing .on Coun y anitary ndfill to C. William
He zer, Inc ., who submitted the low bid of $3,172,424 . 0 . Unanimously pprovect.
REZONING CASE RZ -93-9
Motion ma -e by Comm ·ssioner Snook, second d by Bowers , to accep he definition
of neighborhood, the fo lowing Findings of F ct presented by the Cony tt n y
together w'th the R port and Rec mmend t ·on of the Planning Commission for RZ-93-
9, r quested to be rezoned from "A" A_ricultur to "RS " Resid ntial Suburban,
pursuant to Seclion 27 3 of the Z nin Ordinanc of Washinton County .
Unanimously approved.
(a ) Definition of the Neighborhood.
The ne ighborh od for th subject parcel xtend in a .:iouther ly direct ion to
ongrneadow Road , in an aster y directi n to Paradise Drive, in a northerly
direction to t he Menn ni e School, and in a westerly direction o Ma ylan Route
11.
(b) The report and recommendations of the Planning and Zoning ommission .
The Washinton Coun y Plannin Commission took ac ion at it re ularly scheduled
meeting on December 6, 19 3 and r comm nds A PROVAL of the rezoning of the 78. 87
acre ceJ own by A n H. Martin, th subjec ezonin9 . The r comm nctation
is b sed on th de erm·nation that the Applicant substantiated ht ubs an 'al
chang in th charact r of the neighborhood had occur ed .
(c ) Popul tion chan~e in hear.ea of the prop se change.
A ubstantial change in popula ion in Election Di trict 27 occurred between 1960
and 970 when h p pul tion expanded from 3,258 to 5,310 . Since 1:h n , the
population h sl:ght y decrease from 5,3 0 in 1970 to 5,069 in 1980 and 5 ,003
in 1990 .
(d) Availability of publ'c ac· it'. in area.
According o h adopt d Water and Sewerage Plan for Wash in on ounty, the
outh n half of the subject site is cla si ied W-3 and th no thern ha f is
c assi 'ed W-7 . Th closest existinq water and ewe n t hi ite re
oc t d imrne iately adj cen to the -outh f the 1 on Martin prop rty in the
Fountainhead North Subdivision . The Hagerstown Water Depar ment ha recommended
p r.oval and comm ntcd th t "water is vai bl e by ma · n xten ion ''. The L1 ct
prop rty is loc ted with· n a designated sewer ge sy t m a e referred to as
Washi ngton Cou n ty S nitary Subdistrict 15 . Sewer allocation is available in
ccordance with the D's -r·ct 's rules, policies, nd regulati n subjec to
appr va by the C • ty of Hag rs town . Th re re no appa en b j c ions. Fire
protection is provided by th Longrne dow Voluntc r Fire Company , and em rgency
medic l se vice • rev ·a d by the Maugansvi.lle substa i n f h Commun · y
Rescu Service. Th closest County Co111muter. bus ou e is a ong Pennsy vani
Avenu with regu rly chedu d servic Mon ay throu h Saturd y . Maug nsv'
E montary School , Nor hen Middle chool, and North Hager town High School ,
receive students fr.om the victn ·ty of the subiect rezoning . A new schoo is
DEC EM BE 4, 9 93
M NU ES , CONT'D.
bin built on the Pr mount Elem n ·ary Sch o it an , wh n com tea, wi l
s r v ice the vicini y o he subject rezoning . The pr po cd new Paramount
lemen· y chool , Northern Mld le School , and North Hagerstown High S hool ar
capabl f receivi ng tudents from hi s propo. e dev pme nt .
(e ) Present and fu u ortation in t he area.
The subJect prope ty oximatel eet o public road fr n ag n
P radis Church Road . Tr ffic coun s aken a h i n e section of. P nnsylvania
Avem.1 and on m-a ow Po d s how an ADT of 25,750 v hj c 1 es in 1 986 compared to
17 ,700 vehicles in 1976. The.r has b n no pr iminary n in ring study
conduce s h w·ng a tr ffic count for Paradise Church Roa or Lon m adow Rod.
There would be an inc re s in traffic along bo h Paradise Church Road and
Lon 1e dow Ro d a result of t his devel pme n . The dopted S ate Conso i e
Trans rt tion Progr m cov ri ng f seal ye s 1994 through 1998 c n a ·ns no
project for his corri or .
(f ) Compat'bility wi th existi ng and pro~osed deve opment in h a e including
indic ·ion of neighboring sites id entifi ed by t he Wa h i ng on Cou nty Historic
Sits Surv y and subs quent revisi o n or up a·
Development in t he v'cini y of this site i prim rily orien ted alon the oads
leading into fiagerstown. Th e intensi y of development gene ly ncre s s
owarde H gcrstown with the land betwee them jor roads becoming comp etely
f 'lled with developmen , pr 'm ~i y res ident 'al in nature . This growt h p tte n
appears t be pro • n outw rd with n w res i d en ia 1. dev e l o· m nt • k
Fountai nh ead North and North Vil ag in th imm ediate vicinity. Th e followin
hi □ oric it s locat • on the Wa s hingt n C un y Hi oric • t Survey a e loc te
wi thin a . 5 mile radius F • he propos d r zoning. Non e are l ocat d o n the
subjec proper y .
1. w --19 19th C n ury, aradise M n r. Fa IT1
2. WA-1-244 19 th Century, Th e Mar:tin Fa m
3. WA--2 45 19th Century, Th e Ro nd-Clark Farm
4. WA -1-443 19 h Century , Farmst ad
5. WA-1-445 l th C ntury, Brick House
Thew sh 'ngton County egional Airpor t Comm'ssion w sked to comment n this
ppl 'c t.io n bee us of th proximity of the subjec s e to th Wa. hington County
R g • onal 1\irport. The Airpo t Commission h s ind ic t d th t the oun ty
Comm is io ners re requj r.ed to c mply with the FAA rant Ass u ances r qui r i.ng th t
land use i.n the vicinity of the a irport ·erna'n conpa 'b w'th airport unctions .
The 'rp rt C rnrnission is conce ned th t u -her dev lopm nt of a "resident ' l.
uburban" character cl ser to the rpor i. not in compliance. However,
approval of this rezoni ng would not be a qi.elation of the PAA Gr n A u nces.
This proposed evelopment and rezoni ng is compatible with the exi ting and
prop dev lopm nt in th area .
(g) The relationsh'p the pr rty change to he A pted Plan For. h County,
Development Ana ys ·s P Policies .
The subj ct prope y on the-northern Er · ng of the ad pt Urban
Growth Are boundary. Th Cornpr hensive Pla n enc urges deve ment w· hin th
Gr.owth .rea and enc ur.ages preservation of Agri.cul tural land in h e Rura -
Agr'cultural Area . Within the Growth Ar a, the Pl n ncour ges h igher densi·ie
of development tom ke t h e most of inve tm nt in infr struc ur . Th e propo ed
ch ng -in zoning i s fu ly comp ible with the dopted Plan fo t h County.
(h) That there h s change in t he c haract r oE the
neighborhood where t h prop rty
The ounty Commissioners find hat th e ha b~ n a ubstan i l chang in t he
char cter of t h e neighborhood where the property is loca ed in l ight of · h
sub st n ia l i ncre c d d vc lopment and cons rue i.on of a res i ent i 1 nature
directly t the . uth adj ining his parcel. In addition, ·here has b n
subs ant 'al construction nor h of Pa adis Church Road, directly nor h of the
subj ct parcel. Since th p eel wa s orig· nally zoned ''Agricul ural ", here has
been dit ona subs n ·a1 con truction i n Nor h Village, west of th parcel,
a nd oun ainhead North, Ro uth of the s ubj ec pa eel, a nd ·n the Ro ing Hills
Sub ivis 'o n directly sou h but djoining ongmea o w Ro ct.
M tin mad by Commissioner Shank, sec nd d by Bow rs , that based o n the R par
and Recommend ·o n of th Planning Comm 'ssion, ·he def 'ni t i.on of n i hborhoo ,
and the approved Findings of Fact, there has be n a substant 'al change in the
ch cact r of the neighboch o where tho prop rty is located. Unan ·rnou ly
approved.
D CMERE~ 14, 993
M NUTES, CONT'D.
Motion made y Comm·ssioner Snook, cond d by Bowers, tha based on the a proved
Find'ngs of Fact as pre ented , th e report a nd recomme nda ions of he Pl nnin
Commission , the defini ion of the ne· hbo hood, and the fact that there has be n
a ub stantial change 'n the cl a acter of the neighborhood , that there has been
a convincing d mon tration that the property rez ning wou d .b a p~opr 'at and
logica • o the s ubj e ct property. Unanimous y approved.
Motion mad e by Commiss:i.one Bowe s , second by Shank, that; bas0d on the
previous Mo tions for RZ -93-9 1 the s ubj ct property be rezoned from "A"
Ag icu tur to "RS" Residential Suburban. Unanimously app~oved .
REZONI NG TEXT AMENDMENT S-9
After discussion, t he Commi sioners agr. ed to cons 'der th 's am ndment at next
w ek's meeting.
APPROVAL OP MINUTES -DECEMBER 7, 1993
Motion made by Commiss ione Irv i n-Cr.a · g,
minutes of December 7, 1993 , as correcte .
~econd d by Snook, to approv
Un n 'mous y app oved .
SOIL SURVEY UPDATE -SOIL CONSERVATION SERVICE
th
James Schloss nag l e , District Conserv ionist for ASCS, app ared b fore the
Commissioners top ovide an up ate n h so · Survey Mod e n'zat'on P--oject;
which was initi ted in 1991. Mr . Schlossna 1 reviewed th goals of the p rojec
a nd informed the Commissione so the p e0 s made to date . He stat d hat the
pr ject is sli ht ahead of schedule and indicated that th e tentative results
of the study ar that the final acreage of we tlands will be lower than the
original survey , the soil group for Hagers own soils will be changed f om "B" o
hC" for storrnw ter managemen calcula ins, and he average fr restricted perc
est soi s wi l tnc e se . He a ~o ·n orm d th Cnmmissioners of futur~ plans for
the project .
RESOURCE CONSERVATION & DEVELOPMENT APPLICATION
Motion made by Commi~s 1 ner Snook , secon ed by
Conse v t 'on Serv ·ce 's app ication or a R sourc
Pr grant. Un nimously approved.
Bowers, ·o sup h So ·
Conse vation and Development
RECESS -DEDICATION OP GROVE FARM AND MUSEUM OP FINE ARTS GROUNDBREAKING
The Commissioners recessed a 8:51 a.m . in rde ;o a e nd h dedication of the
Grove Farm the Ant· etarn National Battlef ie and the gr undbr ak • ng cercmonie.
at the Washington County Museum of Fine Art .
AFTERNOON SESSION
The Af erno n Sess • on wa s convened at 1: 24 p .m. by t he President Rich a rd E.
Roulette with the following memb rs pr.es nt: v ·ce President Ron d . Bowers,
and Commissioners Linda C. rvin-Craig, John S. Sha nk, and Gregory I . Snook.
AIRPORT SIGNAGE CON'i'RACT
e by Commis . ioner
contr c wi th Adco p Sins,
Washi ngton County Reg iona
Unanimously pp oveo.
Shank , second ed by rv in-era i , to appr ve th
Inc. in th amount of $21,564 for 13ignag t thu
Airport , as presente by t he Coun y Attorney.
CBEWSV LLE ELECTR C LIGBTING D STR CT
Mot'on m d by ommiss ·on r Snook, s cond d by Bow rs , to add Twin Springs Drive
to the contract \.'1°th The Potomac Edi on Company to the Chewsvill1c E ectric
L'ghtin Di strict . Unanimously approved.
JOINT RESOLOTlON WITH SANITARY DlSTRICl' AMENDING SUBDISTRICT 14
Motion made by Commi ssioner Snook, seconded by Bowers, to approve the ,Jo· nt
Resolution with the Washington County Sanitary District amendi ng the subdistrict
plat for Subdistrict 14 -Sha~psburg Pike Sewer as s hown on Plat No . P-140-001,
dated December 14, 1993, as presen ed by the Coun y Attorn y. Mo·ion carr'ed
with Commission rs Snook, Bowet's , rvin-Craig; a nd Roulett~ v ting 11 AYE 11 nd
Commiss i ner Sh nk "ABSTAINING 1'.
CONVENE YN 8XECUTIV8 SESSION
Mot · on mad by ommis ion er Snook, second d by Irvin-Craig, to conven in
Executive Session at 1:27 p .m. with reg rd to personnel and property matters , to
confer with the Coun y At· 01:"n y t obta·n 1 ga advice, and o cons'der
bus ·ne ses r locat·ng to Wa s hington County, in ccor ance with Secti n 10.508 of
the State Government Article of the Annotated Code of Maryland. Unanimously
approved.
Cammi sioner Bowers wa s excus a from th MoGting at 4:52 p.m.
DECEMBER 14, l 3
M .NU~ES, CONT'D.
RECONVENE IN REGULAR SESS I ON
Motion made by Commissioner Shank, secon ed by Snook , o econv ne i n Regu l ar
Session at 4:56 p .m. Unanimously approved.
I n Closed Se s ion h Board of Coun ·y Commiss·oners di.cussed t hree per.sonn 1
ma tter , a otential lawsui gainst a County r esid nt who c nstruc ted a gr n
obs ructi n a draina e s wa e , and a current su i t f 'l e n h Circui urt
involving A. C. & T., Inc. The Coun y Co111mis ionet"s o d iscu. s d with the County
ttorney t h spay/nut r progr m an ad f:t reement on the Rail s o Tra · s
Progr 111 • ubmitted to he County by the State . The C unty Commi sioners al o
discus? .d th Economic Devel opm nt Commission a nd cur.r. n pro ·cct .
BI D AWARD -E POD -DETENTION CENTER
Motion m e by Comnn ss • oner Snook , secon by Shank , to awar the bid for "E"
Pod at the W hington Coun y Detent ·on Cent r t o C llas C ntractors , nc ., who
submitted th low bid for the b se an Alternates 1 , 2, a nd 3 , ·n the amount f
$3,180 ,031. Unanimously approv
REAPPOINTMENT -WASHINGTON COUNTY PUBLIC
Mo t i nm de by Commi ssioner Sh nk, secon
to the W s h ing ton C un y Public Golf
Unan ·mously approve .
ADJOURNMENT
Motion made by Commi . i ner nook, econd
p .m. Unanimous y approved .
Cou riyAtorney
GOLF CORPORATION
d by Snook, tor. a
Corpo't' tion for a
oint Harol
three yea
O is
term .
by Irvin-Cr jg, to adjour n t 4 :57
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-C Clerk