Loading...
HomeMy WebLinkAbout931214December 14, 1993 Hagerstown, Maryland 21.740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 8:00 a.m. by the President► Richard E. Roulette, with the following members present: Vice President Ronald L. Bowers, and Commissioners Linda C. Irvin -Craig, Gregory I. Snook, and John S. Shank. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. BID AWARD - COMPUTER SYSTEM Motion made by Commissioner Bowers, seconded by Irvin -Craig, to approve the recommendation of the Director of Computer Information Services to award the bid for the computer system to the IBM Corporation which submitted the low bid of $243,076. Unanimously approved. CONDITIONAL STREET ACCEPTANCES - HUYETTS BUSINESS PARK & RIVER BEND FARMS Motion made by Commissioner Shank, seconded by Bowers, to conditionally accept 950 linear feet of Business Parkway located in the Huyetts Business Park with a 2 year Maintenance Bond of $5,000. Unanimously approved. Motion made by Commissioner Shank, seconded by Bowers, to conditionally accept a total of 4,122 linear feet of River Bend Court and River Rock Court in the River Bend Subdivision, Phase 2, and to require a 1 year Maintenance Bond of $21,000. Unanimously approved. BID AWARD — SANITARY LANDFILL - NORTH SECTION CELL Ni Motion made by Commissioner Bowers, seconded by Irvin -Craig, to award the bid for North Section Cell Ni at the Washington County Sanitary Landfill to C. William Hetzer, Inc., who submitted the low bid of $3,172,424.50. Unanimously approved. REZONING CASE RZ-93-9 Motion made by Commissioner Snook, seconded by Bowers, to accept the definition of neighborhood, the following Findings of Fact presented by the County Attorney together with the Report and Recommendation of the Planning Commission for RZ-93- 9, requested to be rezoned from "A" Agriculture to "RS" Residential Suburban, pursuant to Section 27.3 of the Zoning Ordinance of Washington County. Unanimously approved. (a) Definition of the Neighborhood. The neighborhood for the subject parcel extends in a southerly direction to Longmeadow Road, in an easterly direction to Paradise Drive, in a northerly direction to the Mennonite School, and in a westerly direction to Maryland Route 11. (b) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission took action at its regularly scheduled meeting on December 6, 1993 and recommends APPROVAL of the rezoning of the 78.87 acre parcel owned by Allen H. Martin, the subject rezoning. The recommendation is based on the determination that the Applicant substantiated that a substantial change in the character of the neighborhood had occurred. (c) Population change in the area of the proposed change. A substantial change in population in Election District 27 occurred between 1960 and 1970 when the population expanded from 3,258 to 5,310. Since then, the population has slightly decreased from 5,310 in 1970 to 5,069 in 1980 and 5,003 in 1990. (d) Availability of public facilities in the area. According to the adopted Water and Sewerage Plan for Washington County, the southern half of the subject site is classified W-3 and the northern half is classified W-7. The closest existing water and sewer lines to this site are located immediately adjacent to the south of the Allen Martin property in the Fountainhead North Subdivision. The Hagerstown Water Department has recommended approval and commented that "water is available by main extension". The subject property is located within a designated sewerage system area referred to as Washington County Sanitary Subdistrict 15. Sewer allocation is available in accordance with the District's rules, policies, and regulations subject to approval by the City of Hagerstown. There are no apparent objections. Fire protection is provided by the Longmeadow Volunteer Fire Company, and emergency medical service is provided by the Maugansville substation of the Community Rescue Service. The closest County Commuter bus route is along Pennsylvania Avenue with regularly scheduled service Monday through Saturday. Maugansville Elementary School, Northern Middle School, and North Hagerstown High School, receive students from the vicinity of the subject rezoning. A new school is DECEMBER 14, 1993 MINUTES, CONT'D. being built on the Paramount Elementary School site and, when completed, will service the vicinity of the subject rezoning. The proposed new Paramount Elementary School, Northern Middle School, and North Hagerstown High School are capable of receiving students from this proposed development. (e) Present and future transportation patterns in the area. The subject property has approximately 200 feet of public road frontage on Paradise Church Road. Traffic counts taken at the intersection of Pennsylvania Avenue and Longmeadow Road show an ADT of 25,750 vehicles in 1986 compared to 17,700 vehicles in 1976. There has been no preliminary engineering study conducted showing a traffic count for Paradise Church Road or Longmeadow Road. There would be an increase in traffic along both Paradise Church Road and Longmeadow Road as a result of this development. The adopted State Consolidated Transportation Program covering fiscal years 1994 through 1998 contains no projects For this corridor. (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. Development in the vicinity of this site is primarily oriented along the roads leading into Hagerstown. The intensity of development generally increases towards Hagerstown with the land between the major roads becoming completely filled with development, primarily residential in nature. This growth pattern appears to be progressing outward with new residential. development like Fountainhead North and North Village in the immediate vicinity. The following historic sites located on the Washington County Historic Sites Survey are located within a .5 mile radius of the proposed rezoning. None are located on the subject property. 1. WA -1-199 19th Century, Paradise Manor Farm 2. WA -1-244 19th Century, The Martin Farm 3. WA -1-245 19th Century, The Roland -Clark Farm 4. WA -1-443 19th Century, Farmstead 5. WA -1-445 19th Century, Brick House The Washington County Regional Airport Commission was asked to comment on this application because of the proximity of the subject site to the Washington County Regional Airport. The Airport Commission has indicated that the County Commissioners are required to comply with the FAA Grant Assurances requiring that land use in the vicinity of the airport remain compatible with airport functions. The Airport Commission is concerned that further development of a "residential suburban" character closer to the airport is not in compliance. However, approval of this rezoning would not be a violation of the FAA Grant Assurances. This proposed development and rezoning is compatible with the existing and proposed development in the area. (g) The relationship of the property cha Development Analysis Plan Man and Policies. The subject property is located on the northern fringe of the adopted Urban Growth Area boundary. The Comprehensive Plan encourages development within the Growth Area and encourages preservation of Agricultural land in the Rural - Agricultural Area. Within the Growth Area, the Plan encourages higher densities of development to make the most of investments in infrastructure. The proposed change in zoning is fully compatible with the adopted Plan for the County. e to the Adooted Plan for the Count (h) That there has been a substantial change in the character of the neighborhood where the property is located. The County Commissioners Find that there has been a substantial change in the character of the neighborhood where the property is located in light of the substantial increased development and construction of a residential nature directly to the south adjoining this parcel. In addition, there has been substantial construction north of Paradise Church Road, directly north of the subject parcel. Since the parcel was originally zoned "Agricultural", there has been additional substantial construction in North Village, west of the parcel, and Fountainhead North, south of the subject parcel, and in the Rolling Hills Subdivision directly south but adjoining Longmeadow Road. Motion made by Commissioner Shank, seconded by Bowers, that based on the Report and Recommendation of the Planning Commission, the definition of neighborhood, and the approved Findings of Fact, there has been a substantial change in the character of the neighborhood where the property is located. Unanimously approved. DECMEBER 14, 1993 MINUTES, CONT'D. Motion made by Commissioner. Snook, seconded by Bowers, that based on the approved Findings of Fact as presented, the report and recommendations of the Planning Commission, the definition of the neighborhood, and the fact that there has been a substantial change in the character of the neighborhood, that there has been a convincing demonstration that the property rezoning would be appropriate and logical for the subject property. Unanimously approved. Motion made by Commissioner Bowers, seconded by Shank, that, based on the previous Motions for RZ-93-9, the subject property be rezoned from "A" Agriculture to "RS" Residential Suburban. Unanimously approved. REZONING TEXT AMENDMENT S-9 After discussion, the Commissioners agreed to consider this amendment at next week's meeting. APPROVAL OF MINUTES - DECEMBER 7, 1993 Motion made by Commissioner I,Tvin-Craig, seconded by Snook, to approve the minutes of December 7, 1993, as corrected. Unanimously approved. SOIL SURVEY UPDATE - SOIL CONSERVATION SERVICE James Schlossnagle, District Conservationist for ASCS, appeared before the Commissioners to provide an update on the Soil Survey Modernization Project, which was initiated in 1991. Mr. Schlossnagle reviewed the goals of the project and informed the Commissioners of the progress made to date. He stated that the project is slightly ahead of schedule and indicated that the tentative results of the study are that the final acreage of wetlands will be lower than the original survey, the soil group for Hagerstown soils will be changed from "B" to "C" for stormwater management calculations, and the average for restricted perc test soils will increase. He also informed the Commissioners of future plans for the project. RESOURCE CONSERVATION & DEVELOPMENT APPLICATION Motion made by Commissioner Snook, seconded by Bowers, to support the Soil Conservation Service's application for a Resource Conservation and Development Program. Unanimously approved. RECESS — DEDICATION OF GROVE FARM AND MUSEUM OF FINE ARTS GROUNDBREAKING The Commissioners recessed at 8:51 a.m. in order to attend the dedication of the Grove Farm at the Antietam National Battlefield and the groundbreaking ceremonies at the Washington County Museum of Fine Arts. AFTERNOON SESSION The Afternoon Session was convened at 1:24 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. AIRPORT SIGNAGE CONTRACT Motion made by Commissioner Shank, seconded by Irvin -Craig, to approve the contract with Adcorp Signs, Inc. in the amount of $21,564 for signage at the Washington County Regional Airport, as presented by the County Attorney. Unanimously approved. CHEWSVILLE ELECTRIC LIGHTING DISTRICT Motion made by Commissioner Snook, seconded by Bowers, to add Twin Springs Drive to the contract with The Potomac Edison Company to the Chewsville Electric Lighting District. Unanimously approved. JOINT RESOLUTION WITH SANITARY DISTRICT AMENDING SUBDISTRICT 14 Motion made by Commissioner Snook, seconded by Bowers, to approve the Joint Resolution with the Washington County Sanitary District amending the subdistrict plat for Subdistrict 14 - Sharpsburg Pike Sewer as shown on Plat No. P-140-1001, dated December 14, 1993, as presented by the County Attorney. Motion carried with Commissioners Snook, Bowers, Irvin -Craig, and Roulette voting "AYE" and Commissioner Shank "ABSTAINING". CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Snook, seconded by Irvin -Craig, to convene in Executive Session at 1:27 p.m. with regard to personnel and property matters, to confer with the County Attorney 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. Commissioner Bowers was excused from the Meeting at 4:52 p.m. DECEMBER 14, 1993 MINUTES, CONT'D. RECONVENE IN REGULAR SESSION Motion made by Commissioner Shank, seconded by Snook, to reconvene in Regular Session at 4:56 p.m. Unanimously approved. In Closed Session the Board of County Commissioners discussed three personnel matters, a potential lawsuit against a County resident who constructed a garden obstructing a drainage Swale, and a current suit filed in the Circuit Court involving A.C.& T., Inc. The County Commissioners also discussed with the County Attorney the spay/neuter program and a draft agreement on the Rails to Trails Program submitted to the County by the State. The County Commissioners also discussed the Economic Development Commission and current projects. BID AWARD - E POD - DETENTION CENTER Motion made by Commissioner Snook, seconded by Shank, to award the bid for "E" Pod at the Washington County Detention Center to Callas Contractors, Inc., who submitted the low bid for the base and Alternates 1, 2, and 3, in the amount of $3,180,031. Unanimously approved. REAPPOINTMENT - WASHINGTON COUNTY PUBLIC GOLF CORPORATION Motion made by Commissioner Shank, seconded by Snook, to reappoint Harold Otis to the Washington County Public Golf Corporation for a three year term. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Irvin-Crai.q, to adjourn at 4:57 p.m. Unanimously approved. County Attorney Clerk