HomeMy WebLinkAbout180116a
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make
arrangements.
BOARD OF COUNTY COMMISSIONERS
January 16, 2018
Agenda
10:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES – JANUARY 9, 2018
10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:15 A.M. REPORTS FROM COUNTY STAFF
10:20 A.M. CITIZENS PARTICIPATION
10:25 A.M. INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-18-001) ON-
VEHICLE VIDEO SURVEILLANCE System – Brandi Naugle, Buyer, Purchasing
Department and Kevin Cerrone, Director, Transit Department
10:30 A.M. PUBLIC HEARING: APPLICATION FOR MAP AMENDMENT – RZ-17-005
10:50 A.M. CONSENSUS DISCUSSION FOR TEXT AMENDMENT – RZ-17-007
10:55 A.M. CONTRACT AWARD (PUR-1369) WEB SITE DESIGN, DEVELOPMENT AND
BUILD SERVICES – Rick Curry, Director of Purchasing Department, Danielle
Crabb, Director of Public Relations and Lauren Pogue, Marketing Specialist.
11:00 A.M. MARYLAND THEATRE REQUEST – Rob Slocum, County Administrator
11:10 A.M. CLOSED SESSION
(To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal,
resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction;
or any other personnel matter that affects one or more specific individuals; to consider a matter that concerns the
proposal for a business or industrial organization to locate, expand, or remain in the State; and to consult with counsel to
obtain legal advice on a legal matter.)
11:50 A.M. ADJOURNMENT
President
Jeffrey A. Cline, Vice President
John F. Barr
Wayne K. Keefer
LeRoy E. Myers, Jr.
WWW.WASHCO-MD.NET
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make
arrangements.
EVENING MEETING AT THE TOWN OF FUNKSTOWN
Location: 30 East Baltimore Street, Funkstown, MD 21734
07:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
07:05 P.M. COMMISSIONERS’ REPORTS AND COMMENTS
07:10 P.M. REPORTS FROM COUNTY STAFF
07:15 P.M. CITIZENS PARTICIPATION
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-18-001) On-Vehicle Video
Surveillance System
PRESENTATION DATE: January 16, 2018
PRESENTATION BY: Brandi Naugle, CPPB, Buyer - Purchasing Department and Kevin
Cerrone - Director of Transit Department
RECOMMENDED MOTION: Move to authorize by Resolution, Washington County
Transit (WCT) for the purchase and installation of twenty-two (22) On-Vehicle Video Surveillance
Systems from IVS Inc., dba Angle Trax, of Dothan, AL. at a cost of $83,579.54 and to utilize
another jurisdiction’s contract (RFP No. 17-137) that was awarded by Harford County
Procurement of Bel Air, MD and, as required, contingent upon the company being in good standing
and authorized and registered to do business in the State of Maryland with the Maryland
Department of Assessments and Taxation and remaining so throughout the term of the contract.
REPORT-IN-BRIEF: WCT is requesting to purchase twenty-two (22) On-Vehicle Video
Surveillance Systems that will be outfitted on the revenue generating routes.
The Code of Public Laws of Washington County, Maryland (the Public Local Laws) §1-106.3
provides that the Board of County Commissioners may procure goods and services through a
contract entered into by another governmental entity, in accordance with the terms of the contract,
regardless of whether the County was a party to the original contract. The Harford County
Procurement took the lead in soliciting the resulting agreement. If the Board of County
Commissioners determines that participation by Washington County would result in cost benefits
or administrative efficiencies, it could approve the purchase of this service in accordance with the
Public Local Laws referenced above by resolving that participation would result in cost benefits
or in administrative efficiencies.
The County will benefit with direct cost savings in the purchase of this service because of the
economies of scale this buying group leveraged. I am confident that any bid received as a result of
an independent County solicitation would exceed the spend savings that the Harford County
Procurement bid provides through this agreement. Additionally, the County will realize savings
through administrative efficiencies as a result of not preparing, soliciting and evaluating a bid.
This savings/cost avoidance would, I believe, be significant.
DISCUSSION: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FISCAL IMPACT: Funds are budgeted in the WCT Capital Improvement Plan (CIP) account
(EQP046) in the amount of $160,000.00.
CONCURRENCES: N/A
ALTERNATIVES:
1. Process a formal bid and the County could possibly incur a higher cost for the purchase, or
2. Do not award the purchase of the On-Vehicle Video Surveillance System.
ATTACHMENTS: Angle Trax’s quote.
AUDIO/VISUAL NEEDS: N/A
Reliable Digital Mobile Video Surveillance Solutions / e (AngeRfa>,
L 1
Tuesday, November 21, 2017
Kevin Cerrone
Washington County Transit
1000 West Washington Street
Hagerstown, MD 21740
Dear Kevin Cerrone:
Thank you for allowing AngelTrax to customize a proposal to suit your mobile surveillance needs. We pride
ourselves on our workmanship and the expertise put forth into our research, development and
manufacturing process. At AngelTrax, we believe that surveillance, service and reliability matter.
Please see a summary of proposed AngelTrax equipment attached. Contact me at 4101603.2468
for answers to any questions you may have, or if you need immediate assistance and I am not available,
please contact our AngelTrax corporate office at 1.800.673.1788.
Our business depends solely upon our loyal partners. Through you and companies like yours, we earn the
satisfaction of producing and supporting some of the finest mobile surveillance equipment on the market
today. AngelTrax is committed to ensuring that your experience with our products and our people exceeds
your expectations. Once again, thank you for your consideration.
Best Regards,
Ray Fair
Northeastern Sates Executive
ray.fair@angeltrax.com
410.603.2468
334.692.4606 (F)
Advaritage!®
Search "AngelTrax "on www.gsaadvantage.gov
to see our products available for
direct purchase. without the bidding process.
119 South Woodburn Drive v Dothan, AL 36305 v 800.673.1788 v 334.692.4600 v fax 334,692 4606 v www.angeltrax.com
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Friday, December 01, 2017
QUOTE #:— --- ATX025143 -01 --
ISSUE DATE.:
EXPIRY DATE.:
11/21/2017
02/12/2018
PREPARED FOR:
BILLING DETAILS SHIPPING DETAILS
Washington County Transit Washington Convey Transit
Kevin Cerrone Kevin Cerrone
Washington County Transit, MD Washington County Transit, MD
1000 West Washington Street 1000 West Washington Street
Hagerstown, MD 21740 Hagerstown, MD 21740
USA USA
240- 313 -2750 240 -313 -2750
kcerrone@washco-md.net kcerrone@washcomid.net
yoWheard bout our
1611
STOPS ,. NEW Vulcan Series"
ir
finveeicle surveillance systems?
Contact your AngelTrax- sates,executive or' our sates, department_tor more detaiils.
PREPARED BY:
Ray Fair
Northeastern Sales Executive
1147 Ocean Highway, Unit 4
Pocomoke City, MD 21851
Cell: 410.603.2468
Corporate Office: 1.800.673.1788
ray.fair@angeltrax.com
True11080P High - Definition'
Extreme Reliability
s -AngelTrax®
h
QUOTED PRODUCTS
MODEL & DESCRIPTION QTY UNIT PRICE TOTAL PRICE
2) Transit Vans
VULCANV12 2 699.95 1,399.90
Vulcan Series 12 Channel HD /IP Mobile Digital Video Recorder
i
4— TB SATA Hard Drive with SD Card Slot for Redundant Recording
12 Channels with 8 Channels Dl, WDI, 720P, or up to 1080P + 4 Channels IP
up to 1080P
Built -in Wi -Fi Module
Built -in G -Force Sensor
Vandal- Resistant Locking Front Cover
Panic Button
H.264 Compression
HDD2TB- UPGRADE 2 119.90 239.80
2T8 Platter Hard Drive
VULPBH 2 0.00 0.00
Vulcan HD Panic Button Housing
PC color
1
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QUOTED PRODUCTS—
MODEL 8 DESCRIPTION QTY UNIT PRICE TOTAL PRICE
HDCOPILOTCAM
HDCOPILOTCAM 1080P Dual Windshield Camera - out front windshield and covering
the front of Van
2 234.95 469.90
Q• 2.1mm Lens (Each Camera)
Windshield Mounted
125 - Degree Wide -Angle View of Vehicle Interior and Through Windshield
1080P HD
2.12 Megapixels
Noise -Gated Microphone
Vandal- Resistant Casing
Scratch - Resistant, Anti -Glare Glass Lens Cover
Infrared (Interior Camera Only)
HD3600V 4 129.95 519.80
Vulcan Series Anvil 3600 HD Camera - outside drivers side front aimed rear, outside
passengers side front aimed rear
fav)l
3.6mm Lens with 360 - Degree Articulating Lens Casing for Image Orientation
IP66 Rated Waterproof Interior /Exterior Camera
1080P HD
3 Megapixels
Noise -Gated Microphone
Vandal- Resistant Casing
Scratch - Resistant, Anti -Glare Glass Lens Cover
Infrared
HD2100V 4 129.95 519.80
Vulcan Series Anvil 2100 HD Camera - inside middle, outside rear
2.1mm Lens with 360 - Degree Articulating Lens Casing for Image OrientationaX10C1IP66RatedWaterproofInterior /Exterior Camera
O.i` 1080P HD
3 Megapixels
Built -in Audio
Vandal- Resistant Casing
Scratch - Resistant, Anti -Glare Glass Lens Cover
Infrared
1 HD4CBL 2 0.00 0.00
13.12 tt. HD Camera Cable
HD9CBL 4 0.00 0.00
29.53 ft. HD Camera Cable
HD12CBL 2 0.00 0.00
39.37 ft. HD Camera Cable
CP4 2 124.95 249.90
Vulcan Series Touchscreen Backing & Firmware Control Monitor with Bracket
Repuired for programming Vulcan DVR systems
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QUOTED PRODUCTS __- __._,_._._._......._
MODEL 8 DESCRIPTION QTY UNIT PRICE TOTAL PRICE
RAMROUND 2 749 14.98
RAM Round Base
RAMBALL 2 8.49 16.98
RAM 1/4 20• Ball
RAMLGARM 2 20.49 40.98
RAM Large Arm
WC4G 2 105.45 210.90
Wi -Fi Cellular GPS Tri -Mode Antenna
VUPS 2 49.95 99.90
Uninterruptible Power Supply for Vulcan Series
6) Cutaways
VULCANV12 6 699.95 4,199.70
Vulcan Series 12 Channel HD /IP Mobile Digital Video Recorder
t•6 -- 1TB SATA Hard Drive with SD Card Slot for Redundant Recording
12 Channels with 8 Channels DI,WDI, 720P, or up to 1080P + 4 Channels IP
up to 1080P
Built -in Wi -Fi Module
Built -in G -Force Sensor
Vandal- Resistant Locking Front Cover
Panic Button
H.264 Compression
VULPBH 6 0.00 0.00
Vulcan HD Panic Button Housing
PC color
Al
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000TED'PRODUCTS —"-----^ - --"-- - --'- -- - -- "—
MODEL & DESCRIPTION QTY UNIT PRICE TOTAL PRICE
HDD2TB- UPGRADE 6 119.90 719.40
2TB Platter Hard Drive
HDCOPILOTCAM 6 234.95 1,409.70
HDCOPILOTCAM 1080P Dual Windshield Camera - out front windshield and coveringSthefrontoftheBus
S • 2.1min Lens (Each Camera)
Windshield Mounted
125 - Degree Wide -Angle View of Vehicle Interior and Through Windshield
1080P HD
2.12 Megapixels
Noise -Gated Microphone
Vandal- Resistant Casing
Scratch - Resistant, Anti -Glare Glass Lens Cover
Infrared (Interior Camera Only)
HD2100V 18 129.95 2,339.10
Vulcan Series Anvil 2100 HD Camera - inside middle, inside rear aimed forward,
outside rear
2.Imm Lens with 360 - Degree Articulating Lens Casing for Image Orientation
t' -yam. • IP66 Rated Waterproof Interior /Exterior Camera
1080P HD
3 Megapixels
Built -in Audio
Vandal- Resistant Casing
Scratch- Resistant, Anti -Glare Glass Lens Cover
Infrared
HD3600V 12 129.95 1,559.40
Vulcan Series Anvil 3600 HD Camera - outside driver's side front aimed rear, outside
le,(; )-_ 'x)
I\ passenger's side front aimed rear
3.6mm Lens with 360 - Degree Articulating Lens Casing for Image Orientation
x f ` • IP66 Rated Waterproof Interior /Exterior Camera
1080P HD
3 Megapixels
Built -in Audio
Vandal- Resistant Casing
Scratch- Resistant, Anti -Glare Glass Lens Cover
Infrared
HD4CBL 6 0.00 0.00
13.12 ft. HD Camera Cable
HD9CBL 12 0.00 0.00
29.53 ft. HD Camera Cable
HD12CBL 12 0.00 0.00
39.37 ft. HD Camera Cable
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MODEL 8 DESCRIPTION CITY UNIT PRICE TOTAL PRICE
CP4 6 5124.95 749.70
Vulcan Series Touchscreen Backing & Firmware Control Monitor with Bracket
Required for programming Vulcan DVR systems
RAMROUND 6 57.49 544.94
RAM Round Base
RAMBALL 6 58.49 50.94
RAM 1/4 20" Ball
RAMLGARM 6 20.49 5122.94
RAM Large Arm
WC4G 6 5105.45 632.70
Wi -Fi Cellular GPS Tri -Mode Antenna
VUPS 6 49.95 299.70
Uninterruptible Power Supply tor Vulcan Series
14) 30' Vehicles
VULCANV12 14 5699.95 9,799.30
p.
Vulcan Series 12 Channel HD /IP Mobile Digital Video Recorder
1TB SATA Hard Drive with SD Card Slot tor Redundant Recording
12 Channels with 8 Channels DI, WD1, 720P, or up to 1080P + 4 Channels IP
up to 10BOP
Built -in Wi -Fi Module
Built -in G -Force Sensor
Vandal-Resistant Locking Front Cover
Panic Button
11.264 Compression 4
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QUOTED' PRODUCTS.'_"'--_-_"_`:._""
MODEL 8 DESCRIPTION QTY UNIT PRICE TOTAL PRICE
VULPBH 14 0.00 0.00
Vulcan HD Panic Button Housing
PC color
HDD2TB- UPGRADE 14 119.90 1,678.60
2T8 Platter Hard Drive
HD2100V 84 129.95 10915.80
r. - • ,
Vulcan Series Anvil 2100 HD Camera - with bracket out front windshield, front aimed
rear, driver /stairwell, inside middle, inside rear aimed forward, outside aimed rear
2.1 mm Lens with 360 - Degree Articulating Lens Casing for Image Orientation
IP66 Rated Waterproof Interior /Exterior Camera
a y 1080P HD
3 Megapixels
Built -in Audio
Vandai- Resistant Casing
Scratch- Resistant. Anti -Glare Glass Lens Cover
Infrared
HD3600V 28 129.95 3,638.60
1- fit\
d r` ,
Vulcan Series Anvil 3600 HD Camera - outside drivers side front aimed rear, outside
passenger's side front aimed rear
3.6mm Lens with 360 - Degree Articulating Lens Casing far Image Orientation
x- IP66 Rated Waterproof Interior /Exterior Camera
1080P HD
r
3 Megapixels
Noise -Gated Microphone
Vandal- Resistant Casing
Scratch- Resistant, Anti -Glare Glass Lens Cover
Infrared
HD4CBL 28 0.00 0.00
13.12 ft. HD Camera Cable
HD9CBL 28 0.00 0.00
29.53 ft. HD Camera Cable
HD12CBL 14 0.00 0.00
39.37 ft. HD Camera Cable
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QUOTED PRODUCTS
MODEL & DESCRIPTION CITY UNIT PRICE TOTAL PRICE
HD18CBL 42 0.00 0.00
59.06 ft. HD Camera Cable
VULBR100 14 20.95 293.30
Windshield Mounting Bracket tar Vulcan Series
WC4G 14 105.45 1,476.30
Wi -Fi Cellular GPS Tri -Mode Antenna
CP4 14 5124.95 51,149.30
Vulcan Series Touchscreen Backing & Firmware Control Monitor with Bracket
Required for programming Vulcan DVR systems
RAMROUND 14 7.49 104.86
RAM Round Base
RAMBALL 14 8.49 118.86
RAM 1/4 20' Ball
RAMLGARM 14 20.49 286.86
RAM Large Arm
VUPS 14 49.95 699.30
Uninterruptible Power Supply for Vulcan Series
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QUOTED PRODUCTS'_ T__ ---- _.,___._
MODEL & DESCRIPTION QTY UNIT PRICE TOTAL PRICE
HDD2TB 22 239.90 5,277.80
2TB Platter Hard Drive
V12HDDTRAY 22 1 $95.92 2,110.24
Hard Drive Tray for Vulcan Series V12 MDVR
HDD TRAY REQUIRED FOR ALL VULCAN SERIES SPARE HARD DRIVES
SD256GB 33 1183.92 16,069.36
br• 256GB SD Solid -State Memory Card1
Nom.,
CONTLABOR 2 400.00 1800.00
2) Transit Vans, 6 Camera - -- Installation of AngelTrax Camera System, per system.
This quote does not include the upcharge for removal of any existing Camera Systems
or equipment. `If quote is for multiple cameras/systems, installation price is based
upon the installation of the total quantity quoted at the same time and location.
4.7 HOURS TO INSTALL THIS 12 CHANNEL, 6 CAMERA SYSTEM FOR A TOTAL OF
400.00
85.00 PER HOUR
CONTLABOR 6 475.00 2,850.00
6) Cutaways, 7 Camera - Installation of AngelTrax Camera System, per system. This
quote does not include the upcharge for removal of any existing Camera Systems or
equipment. NI quote is tor multiple cameras/systems, installation price is based upon
the installation of the total quantity quoted at the same time and location.
5.57 HOURS TO INSTALL THIS 12 CHANNEL 7 CAMERA SYSTEM FOR A TOTAL OF
475.00
AT 85.00 AN HOUR
CONTLABOR 14 1550.00 7,700.00
30' Footer Vehicle, 8 Camera -- Installation of AngelTrax Camera System, per system.
This quote does not include the upcharge for removal of any existing Camera Systems
or equipment. If quote is for multiple cameras/systems, installation price is based
upon the installation of the total quantity quoted at the same time and location.
6.08 HOURS TO INSTALL THIS 12 CHANNEL 8 CAMERA SYSTEM TOTAL 550.00
85.00 PER HOUR
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QUOTED PRODUCTS
QUOTED - PRODUCTS' - OPTIONALITEMS
MODEL & DESCRIPTION QTY UNIT PRICE
MODEL & DESCRIPTION QTY UNIT PRICE TOTAL PRICE
PMCONTRACT 110 110.00 12.100.00
Preventative Maintenance of AngelTrax systems and components/ Service Agreement
for a 3 Business Day response. This is a per bus, per year for 5 years. Includes parts
and labor far a one -time Fleet Assessement by one or more engineers to update units
and repair /replace worn warrantied parts at the same time and location. This quote
does not include the cost of non - warranty parts or un- installing/re- installing complete
systems.
EXTWARRANTY 22 0.00 0.00
Extended Warranty - 5 year Extended Warranty for the entire syst ern per year.
BIDPRICING 1 0.00 0.00
17 -137 due 7 -20 -17
SHIPPING /HANDLING 1 50.00 50.00
Shipping and Handling Charges
Optional items are not included in the calculation."
TOTAL 83,579.54
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QUOTED - PRODUCTS' - OPTIONALITEMS
MODEL & DESCRIPTION QTY UNIT PRICE TOTAL PRICE
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Friday, December 01, 2017
Signed and endorsed by:
Printed Name
CORPORATE & FREIGHT POLICIES
The information in this document is to be held confidential by the receiving party. Disclosure of this information is permitted only to persons with the need to know the information
for the intended purpose of this document, for the sole and exclusive benefit of the disclosing party. Specifications and prices are subject to change without notice. Please allow
three to four weeks for delivery on special order items. Net 30 days from date of invoice to approved accounts. A handling fee is charged for customers who request third party billing
freight. Items will be shipped UPS or FedEx, ground delivery, unless otherwise requested. No returns will be accepted after 30 days from invoice date. A 15% restocking tee will be
added to all returned items. All items returned will be subject to inspection by IVS, Inc. Items deemed used or 'B' goods will be returned to customer freight collect.
This price quote is good for 90 days or for the agreed upon contract date; after which, products and pricing are subject to change.
The customer will be responsible for all applicable taxes.
Warranty Notice: Technical support, warranty parts and services are contingent on your account being current and up to date.
License Notice: All AngelTrax and VizuCop software is used by license agreement only and is not for sale.
TITLE & OWNERSHIP POLICY
Title /Ownership' of any item described in the quote or invoice does not pass to purchaser until such time as the invoice is paid in full. Seller has no duty to provide back office
software support, warranty support or any monitoring for any item described in the unpaid invoice. Seller has the right to immediate possession ofJall items not paid for. Purchaser
agrees to deliver to seller each item described in the invoice upon demand of seller at purchasers expense. Delivery of the product described in the invoice shall not in any way
terminate purchasers obligation to pay far products ordered by purchaser and delivered to purchaser by seller. By accepting the product described on the invoice, buyer agrees that,
should civil litigation arise due to non - payment, buyer expressly consents to jurisdiction in the State of Alabama and venue in Houston County, Alabama.
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Friday, December 01, 2017
Open Session Item
SUBJECT: PUBLIC HEARING – Application for Map Amendment – RZ-17-005
PRESENTATION DATE: January 16, 2018; 10:30 a.m.
PRESENTATION BY: Jill Baker, Chief Planner, Washington County Dept.
of Planning and Zoning
Case Application Applicant/Property
Owner Proposed Amendment
RZ-17-005 Map Applicants:
BSM Big Pool, LLC
(Contract Purchaser)
Property Owner:
Richard and Rhonda
Mummert
Washington County Zoning Ordinance –
Application for Map Amendment:
▪ Property location: NW side of Ernstville Road,
adjacent to I-70 eastbound exit ramp #12
9.73 acres (2.24 acres proposed for RB)
▪ Existing Zoning: EC – Environmental
Conservation
▪ Requested Zoning: EC – Environmental
Conservation with Rural Business (RB)
Attachments:
Revised Ordinance Amendment Application with Revised Justification Statement and
revised rezoning site maps
Staff Report and Analysis dated September 8, 2017
Planning Commission Report and Recommendation dated October 30, 2017
(All attachments are available with the online version of the Agenda Report Form
at https://www.washco-md.net/index.php/2018/10/30/bocc-agenda-arch/.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
R&'vl'�
jWashin�gCton County FOR PLANNING COMMISSION USE ONLY
Rezoning No.
Date Filed: _ -//— I rj
WASHINGTON COUNTY PLANNING COMMISSION
ZONING ORDINANCE MAP AMENDMENT APPLICATION
BSM Big Pool, LLC
Applicant
11535 Hopewell Rd, Hagerstown, MD
Address
Zachary J. Kieffer, Esq.
Primary Contact
j:'JI�'/ I�t.ti�i�lL'.iul� h�.atdt_ J�JI�C 30•'. 1111Ar{SICwy�,,,+1DLlly
Address
Property Location:
45
Tax Map:
Current Zoning:
@Property Owner
oAttorney
❑Other:
301-791-9222
AContract Purchaser
❑Consultant
Phone Number
Aieffer@divelbisslaw.com
E-mail Address
11412 Tedrick Dr. & 11079 Big Pool Rd. Big Pool, MD 21711
Grid:
RV & EC
07 33 & 34 2.24 ac.
Parcel No.: Acreage:
RB-Rural Business
Requested Zoning:
Reason for the Request: ❑ Change in the character of the neighborhood
❑ Mistake in original zoning
PLEASE NOTE: A Justification Statement is required for either reason.
Applicant's Signature �
II ` ¢ � N tV
Subscribed and sworn before me this I ( day of V' K 20
.O-VAR `
My commission expires on
(NotjrV ublic LIB`
FOR PLANNING COMMISSION USE ONLY
❑ Application Form
❑ Fee Worksheet
❑ Application Fee
❑ Ownership Verification
❑ Boundary Plat (Including Metes
& Bounds)
❑ Names and Addresses of all Adjoining
& Confronting Property Owners
❑ Vicinity Map
❑ Justification Statement
❑ 30 copies of complete Application
Package
FOR PLANNING COMMISSION USE ONLY
Rezoning No.
Date Filed:
Re-v i 5e_4
"Washington County'
WASHINGTON COUNTY DEPARTMENT OF
PLANNING & ZONING FEE WORKSHEET
Applicant's Name: t bIVI bIg V001, LLU
FOR PLANNING COMMISSION USE ONLY
Rezoning No.
Date Filed:
PLEASE COMPLETE ONLY THE
SECTION THAT APPLIES.
Date: September 9, 2017
Zoning Ordinance Map Amendment ................................ $ 2,000.00
Number of Acres* 2.24 x $20.00 per acre ................ $ 44.8
Engineering Review Fee .................................... $ 150.00
Technology Fee ........................................... 15.00
TOTAL FEES DUE — MAP AMENDMENT ..... $ 2,209.8C
Text Amendment ................................................ $ 2,000.00
Choose One: ❑ Adequate Public Facilities Ordinance
❑ Forest Conservation Ordinance
❑ Solid Waste Plan
❑ Subdivision Ordinance
❑ Water and Sewer Plan
❑ Zoning Ordinance
❑ Other:
Technology Fee ........................................... 15.00
TOTAL FEES DUE — TEXT AMENDMENT ..... $ 2,015.00
Forest Conservation Exemption .................................... $ 25.00
Technology Fee ................................................. 15.00
TOTAL FEES DUE — FOREST EXEMPTION.... $ 40.00
Please make checks payable to "Washington County Treasurer".
FOR PLANNING COMMISSION USE ONLY
Rezoning No.
Date Filed:
SDAT: Real Property Search
7/11/17, 2:33 PM
Real Property Data Search ( w4)
Sf '�esultfor WASHINGTONCOUNTY
View Map View GroundRent Redemption View GroundRent Registration
Account Identifier: District - 15 Account Number - 001534
Owner Information
Owner Name: B S M BIG POOL LLC Use: COMMERCIAL
Principal Residence: NO
Mailing Address: 11535 HOPEWELL RD Deed Reference: /01501/ 00388
HAGERSTOWN MD 21740-2109
Location & Structure Information
Premises Address: 11079 BIG POOL RD Legal Description: 5 15 ACRES
BIG POOL 21711-0000 11079 BIG POOL ROAD
Map: Grid: Parcel:
Sub District: Subdivision:
Section: Block:
Lot: Assessment Year: Plat No:
0045 0007 0034
0000
2015 Plat Ref:
Special Tax Areas:
Town:
NONE
Ad Valorem:
Tax Class:
Primary Structure Built
Above Grade Living Area
Finished Basement Area
Property Land Area County Use
1969
2515
5.1500 AC
Stories Basement
Type
Exterior Full/Half Bath
Garage Last Major Renovation
CONVENIENCE STORE
Value Information
Base Value
Value
As of
01/01/2015
Land:
318,200
415,700
Improvements
250,000
223,500
Total:
568,200
639.200
Preferential Land:
0
Transfer Information
Phase -in Assessments
As of As of
07/01/2016 07/01/2017
615,533 639,200
0
, eller: TEDRICK ROGER D ESTATE
Date: 06109/1999
Price: $25,000
Type: ARMS LENGTH VACANT
Deed1: /015011 00388
Deed2:
Seller: EXXON CORP
Date: 10/23/1998
Price: $235,500
Type: ARMS LENGTH IMPROVED
Deed1: /01448/ 00859
Deed2:
------
Seller: -----------------�.-----Date:
--
— - -- --
--Price: - -----
Type:
Deed1:
Deed2:
Exemption Information
Partial Exempt Assessments:
Class
07/01/2016
07/01/2017
County:
000
0.00
State:
000
0.00
Municipal:
000
0.0010.00
0.0010.00
Tax Exempt:
Special Tax Recapture:
Exempt Class:
NONE
Homestead Application Status: No Application
Homeowners' Tax Credit Application Information
Homeowners' Tax Credit Application Status: No Application Date:
1. This screen allows you to search the Real Property database and display property records.
2. Click here for a glossary of terms.
3. Deleted accounts can only be selected by Property Account Identifier.
4. The following pages are for information purpose only. The data is not to be used for legal reports or documents. While we have confidence in the accuracy of these records,
the Department makes no warranties, expressed or implied, regarding the Information.
http://sdat.dat.maryland.gov/RealProperty/Pages/viewdetails.aspx...rchType=ACCT&District=15&AccountNumber=001534%20%20%20%20%20%20 Page 1 of 1
01448 0859
CLERK OF THE CIRCUlf COURT
- i WASHINGTOt,I COUNTY
(,
Prep
red B ,:
Exx
n CompMy, U.S.A
(a di
is ion of Exxon of
oration)
P. O. Box 2180 _.t
Houston, Texas 77252 tE 29.8e,
1?o�6 LA �ci{t-0Ss E�-� ECORDA-HON i '., i 89.+EI
SPECIAL WARRANTY DEED TF' ;R' )TA i E
i s1AL 6.•93c.3�
STATE OF MARYLAND § "_51 if -i 1. i abit
§ WIN L Bill,, # 1199
COUNTY OF WASHINGTON' § KNOW ALL MEN BY THESE PREY ' rZ.
DOSpp,
THAT EXXON CORPORATION, a New Jersey corporation, having an office at 800 Bell Street, Houston,
Texas 77002-7426, ("Grantor") for and in consideration of the sum of TWO HUNDRED THIRTY-FIVE
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($235,500.00) cash to it in hand paid by BSM BIG
POOL, LLC, 11535 HOPE -WELL ROAD, HAGERSTOWN, MARYLAND 21741, ("Grantee") the receipt of which
is hereby acknowledged, does hereby GRANT, BARGAIN, SELL, and CONVEY unto Grantee, subject to the
further provisions of this Deed, all that certain tract or parcel of land (the "Property'l in the City/Town/Village/etc.
of Big Pool. County of Washington, State of Maryland, being more particularly described in Exhibit "A" attached
hereto and incorporated herein for all purposes.
This conveyance is made by Grantor and accepted by Grantee subject to Grantor's right to re-enter as described
herein and all valid and existing leases, easements, encumbrances, rights -of -way, covenants, restrictions,
reservations and exceptions of record, including all building and zoning ordinances, laws. regulations and
restrictions by municipal or other governmental authority applicable to the Property.
Grantee acknowledges that the Property has been used as an automobile service station for the storage, sale,
transfer and distribution of products, including, without limitation, motor vehicle fuel, petroleum products or
derivatives which may contain hydrocarbons, used oil, and other substances, and that some products may have been
spilled, leaked, or otherwise discharged onto or into the Property.
Grantor has conducted an environmental site assessment to determine the presence of petroleum hydrocarbons
in the soil, water, or groundwater on and under the Property. The written reports setting forth the results of such
assessment delineate the amount and location of any hydrocarbons identified in the soil and/or groundwater and
establishes the "Baseline Condition" of the Property. If further testing or remediation of hydrocarbons is required by
any governmental authority with jurisdiction over the environmental condition of the Property, the Baseline
Condition shall be modified as Grantor reasonably deems appropriate based on the results of such tests.
Grantor will undertake remediation of the Baseline Condition as necessary or appropriate to comply with
applicable laws, regulations or government orders and will remediate the Baseline Condition to satisfactory levels.
Grantor will not be responsible for investigation or remediation of. or any costs or expenses related to, any
hydrocarbons or other contamination deposited on or into the Property after the Effective Date. The owner of the
Property will be responsible for investigation and/or remediation of any hydrocarbons or other materials,
compounds, or substances deposited on or into the Property or migrating onto or into the Property after the Effective
Date. If, after the Effective Date but before Grantor has completed its remediation, either a leak, spill, or discharge
of hvdrocarbons or other contaminants occurs or the owner of the Property has reason to believe that such leak, spill,
or discharge might have occurred on the Property or if contaminants migrate onto or into the Propeny, the owner of
the Property shalt promptly notify Grantor and the appropriate governmental authorities. The owner of the Property
shall pay to Grantor its prorata share of Grantor's increased cost of remediation attributable to such spill, leak, or
discharge provided, however, if Grantor causes or contributes to the spill, leak or discharge, it agrees to pay its
prorata share of remediation costs.
� c�z Schlossberg &Associates
yw Attorneys at Law
P.O. Box4227
134 W. b711ashington Street
26147 SW Deed.doc Hagerstown, MD 21741-4227
01448 0860
CLERK OF THE CIRCUIT COURT
WASHINGTON COUNTY
Provided the Grantor is paying the costs to remediate the Baseline Condition, the owner of the Property shall
assign to Grantor any and all right, claim or interest which the owner of the Property or the Property may have to
payment or reimbursement by any third party or any governmental authority in connection with remediation of the
Baseline Condition.
Grantor reserves the "elusive right to negotiate with any third parry or governmental authority regarding
testing and/or remediation efforts for any investigation or remedial work performed by Grantor pursuant to this
Deed or which a third party or governmental authority may require.
During the period in which Grantor is performing remediation or monitoring activities on the Property, Grantor
and the owner of the Property will upon request provide to the other copies of all reports, correspondence, notices
and communications sent to or received from any governmental authority regarding the environmental condition of
the Property or any remediation and/or investigation and/or remediation at the Property.
GRANTOR'S REMEDIATION RESPONSIBILITIES SHALL INURE ONLY TO THE BENEFIT OF
GRANTEE AND THE LENDING INSTITUTION HOLDING THE MORTGAGE TO FINANCE GRANTEE'S
PURCHASE OF THE PROPERTY AND NOT TO SUBSEQUENT PURCHASERS, ASSIGNS, OR
SUCCESSORS OF EITHER OR ANY OTHER PERSON OR ENTITY WITHOUT THE CONSENT OF
GRANTOR.
During the period in which Grantor is performing remediation or monitoring activities on the Property, Grantor
reserves the right of access to the Property, at no cost to Grantor, for Grantor, Grantor's employees, agents, and
Contractors for the purpose of conducting investigation and remediation operations. Grantor will not be liable to
anyone, including without limitation, the owner of the Property, its successors, assigns, tenants or users for any loss
or claim relating to business interruption, lost profits or consequential damages resulting from such access to
Property for environmental testing and remediation. The owner of the Property shall be responsible for any cost or
expense to repair or replace investigation and/or remediation equipment resulting from the acts or omissions of the
owner of the Property or its Contractors, invitees, or employees and shall reimburse Grantor for such costs.
As further consideration for this conveyance, Grantee, for itself, its representatives, successors and assigns (and,
if Grantee is a natural person, its heirs and legal representatives), does hereby release, hold harmless, and forever
discharge Grantor, its representatives, successors and assigns, from any and all claims, demands, liabilities
(including fines and civil penalties) or causes of action at law or in equity including, but not limited to, any statutory
causes of action (including, without limitation, the Comprehensive Environmental Response Compensation and
Liability Act of 1980 as amended, (CERCLA) and the Resource Conservation and Recovery Act of 1976, as
amended, (RCRA)) for injury (including death), destruction, loss or damage of any kind or character to the person or
property of Grantee (and any subsequent owner of the Property, as applicable) and the employees, agents, servants,
and representatives of such parties, arising out of or in relation to the Property including, but not limited to, any
improvements or equipment on in or under the Property, or any spills, leaks, or other discharges onto or into the
Property which may have resulted in the presence of any surface or subsurface material, compound, or other
substance. The foregoing release does not include obligations of Grantor, if any, to remediate the Baseline Condition
pursuant to that Agreement dated August 17, 1998 between Grantor and Grantee.
As further consideration for this conveyance, Grantee, shall be responsible for, and shall defend (with counsel
reasonably acceptable to Grantor), hold harmless, and indemnify Grantor from and against, any loss claim, or
liability (including fines and civil penalties) or causes of action at law or in equity (including, but not limited to
CERCLA and RCRA) brought by any and all third persons, including (without limitation) Grantee's employees,
agents, servants, and representatives, and also including (without limitation) any private citizens, persons,
organizations, and any agency, branch, or representative of federal, state, or local government on account of any
injury (including death), destruction, loss, or damage of any kind or character to persons, property, or natural
resources, arising out of or in relation to any surface or subsurface spill, leak, or other discharges of material,
compound, or other substance on the Property which may occur after the Effective Date, unless caused by the sole
negligence of Grantor. Where personal injury, death, or loss of or damage to property is the result of joint
negligence or willful misconduct of Grantor and the owner of the Property, the Property owner's duty to defend,
26147 SW Deed.doc
01448 0861
CLEWASHINGTON COUNTY COURT
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STATE OF TEXAS
COUNTY OF HARRIS
Before me the undersigned authority, this day personally appeared R _ I _ RICH and
WILLIAM C. RNGS , to me well known and known to me to be a Vice President and
Assistant Secretary, respectively, of the corporation named in the foregoing instrument, and they severally
acknowledged to and before me that they executed said instrument on behalf of and in the name of said corporation
as such officers; that the seal affixed to said instrument is the corporate seal of said corporation and that it was
affixed thereto by due and regular corporate authority; that they are duly authorized by said corporation to execute
said instrument and that said instrument is the free act and deed of said corporation. They are personally known to
me or have produced as identification and did/did not take an oath.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. this the d I day of
�J✓ 199�.
Print Name: LOrl
Notary Public, State of Texas
ff
March 6, Y002
26147 SW Deed.doc
My Commission Expires: 3 0
01448 0862
CLERK OF THE CIRCUIT COURT
WASHINGTON COUNTY
indemnify, and hold harmless Grantor shall be in proportion to its allocable share of such joint negligence or willful
misconduct.
The conditions, covenants and other provisions set out in this Deed shall be covenants running with the land and
shall be binding upon and (except as expressly provided otherwise) shall inure to the benefit of the parties, their
subsidiaries, affiliates, legal representatives, heirs, successors and assigns, as applicable.
Ad valorem taxes and special assessments, if any, against the Property for the year in which the Effective Date
occurs will be pro -rated between Grantor and Grantee as of the Effective Date, and Grantee hereby assumes and
agrees to pay same.
TO HAVE AND TO HOLD the Property, together with the appurtenances, estate, title and interest thereto, unto
Grantee, Grantee's successors, heirs and assigns, forever, subject to the provisions hereof, and in lieu of all other
warranties, express or implied, Grantor does hereby bind itself, its successors and assigns, to warrant and forever
defend the title to the Property unto Grantee, Grantee's successors, heirs and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
WITNESS WHEREOF, Grant r signed thi dee his h�� day f ^
19 , but EFFECTIVE as of this / day of ZIL,1("Effective Date").
WITNESSES:
Print Name: SttF S. it/f,�/✓E,e
26147 SW Deed.doc
GRANTOR:
EXXON CORPORATION
By:
Name: /
Title: Vice President
ATTEST:
By:
Name:
Title: Assistant Secretary
TASTES PA1T- 3N c2
01448 0863
OL COURT
WAOF THE SHINGTON�COIUN Y
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WITNESSES;
Prin�nuj���� <r��
Print Name:
STATE OF MARYLAND_
GRANTEE:
BSM BIG POOL, LLC
By:
Name:M-y
Title: f v 4�r a i �1c titi�
ATTEST:
By:
Tit
COUNTY OF WASHINGTON § WQVkP
Beforeme the undersigned authority, this day personally appeared , and
to me well known and known to me to be a - Q.t�. _
respectively, of the corporation named in the foregoing instrument, and thWseverally
acknowledged to and before me that they executed said instrument on behalf of and in the name of said corporation
as such officers; that the seat affixed to said instrument is the corporate seal of said corporation and that it was
affixed thereto by due and regular corporate authority; that they are duly authorized by said corporation to execute
said instrument and that said instrument is the free act and deed of said corporation. They are personally known to
me or have produced as identification and did/did not take an oath. `�
IN REOF, I ave hereunto set my hand and affixed my official seal, this the � `"day of
is_ 'A
Off• SpILENE`��
NOTARY •�C�
..�� 0
li PUBLIC tO
-ON
26147 SW Deed.doc
Print Namc:_1 cmeI
Notary Public, Statc of R
My Commission Expires:_�LJi
01448 0864
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2
CLERK OF THE. CIRCUIT COURT
WASHINGTON COUNTY
EXHIBIT "A" TO SPECIAL WARRANTY DEED FROM
EXXON CORPORATION TO BSM BIG POOL, LLC
11079 Big Pool Road, Big Pool, MD
Liber 479, folio 43
All that lot of ground situate along the West side of relocated
Maryland Route 56 at and directly South of its intersection with
Interstate 70 in the village of Big Pool in Election District # 15,
Washington County, Maryland, and being more particularly described in
accordance with the Maryland Grid System as determined by a recent
survey by J. B. Ferguson & Co., Inc. and described as follows, that is
to say:
Beginning at a railroad spike found in the center of the
abandoned section of Maryland Route 56 approximately 450 feet north of
its intersection with the Ernstville Road said spike having Maryland
Grid Coordinates of N-513,210.87 and E-654,884.23 as determined from
horizontal control station USGS TT 23 CWH 1947 having Md. Grid
Coordinates of North 512,859,27 and East 654,559.41 thence, (1) North
47 degrees 28 minutes West 421.22 feet to a P.K. nail found in a fence
post thence an existing fence line (2) North 43 degrees 1 ^3minutes
East 205.17 feet to a stake found thence, (3) South 48 degrees 14
minutes East 341.08 feet to a stake set in West marginal line of the
right of way of Ramp J leading from the East bound lane of Interstate
70 to relocated Md. Route 56 thence with said marginal line, (4) South
24 degrees 53 minutes East 84.66 feet to a railroad spike set in the
center line of the aforementioned abandoned road thence with said
centerline (5) South 42 degrees 41 minutes West 125.23 feet to a
railroad spike set in said centerline thence leaving said centerline,
(6) South 46 degrees 52 minutes East 77-60 feet to a stake set in west
marginal line of relocated Md. Route 56 and thence with said marginal
line the following two courses and distances (7) South 31 degrees 06
minutes West 3 1.07 feet to a stake thence by a curve to the left
having a radius of 913.5 1, an are distance of 3 0.41 and a chord of
(8) South 3 0 degrees 00 minutes 1-3 seconds West 30.41 feet to a
stake set thence leaving said marginal line (9) North 46 degrees 52
minutes West 90.49 feet to a railroad spike set in the centerline of
the aforementioned abandoned road thence with said centerline (10)
North 42 degrees 41 minutes East 8.06 feet to the point of beginning;
containing 91,111 square feet or 2.09 acres.
26147 SW Deed,doc
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01448 0865
CLERK OF T)fE CIRCUIT COURT
WASHIHGTON COUNTY
State of Maryland Land Instrument Intake Sheet I.:.
U Baltimore City ❑ County:
In ormation rovided is or the use o the Clerk's D f p f f ffce, Stale Department of i
Assessments and Tazanan, and County Finance Of
only.
_ yRe or Print IWck In qIy—ies v(_lu A11 Copst Be lAzibjq _ __
L_t
Type(s) (i n B
, Check Box !f Addeadum Intake Form Is Attached.)
of Instruments i I Deed Mortgage Other�pir' Other_ _
Deed of Truu Lease _
2 ConVeyonce Type_ Improved Sale Unimproved Sde Multiple Accounts _i Not an Arms -
Check Box Arms -Length III Atms-Caa$AU2 Arms -Length (31 Length Sale (91-
TaxExemptlona Recordation
(if Applicable) StateTrsnsfer
ClleorE faln AuthOri_Cnq! Transfer
4 Consideration Amount Finance Offii
Consideration Purchase Price/Consideration S 5 _ Tratxsfcr and Recordation Tex Consideration Any New Mortgage $ r— Transfer Tax Consideration I S
--.
and Tax -)— - c— IS 2yi �?_
Calculations Balance of F� fisting Mono e S _ _ X ( ) % _ I S --
Other: -- S Less Exemption Amount $_ ._
Total Transfer Tax ;S
Other: 5 V -- Recordation Tax Consideration S
X( ._ )LtrS500 = S
Full Cash Value f TOTAL DUE S
L6� Amounto(Fets Doe.I Doe.2 Agent:
! Fees Recording Charge _$ .S
�5.,..1�
Surcharge -_ i $ S _ _ - Tax Bill:
State Recordation Tax s 4 - $-
-
StateTransferTax - S �-�-. O S C.B. Credit:
County Transfer ia-Ll S $ __
Other —, $ - S _ Ag. Tax/Other-,
Other $ S
B J District I Property Tax_ID No. (1) : Grantor L wAlrotto _ T3ap �� Para! No Var. LOG
Description of - -�0aI --1= _ UA!!
Property Subdivision Name Lot (3s) Block (3b) cR(3c) Plat Raf. - �SgFf/Atrea6t (4)
SDAT requires
submission of all Lo IlordAddress of pro art Conveyed )
applicable Information. 10
A maximum of 40 - Other Prope'Identifiers (if applicable) _ -- _y Water Meter Account No
characters will be
indexed in accordance Resldmt1W C1 nr Noa-Resid Fee Slm _ or Grount Rent L:f Amount_:: -
with the priority cited in Partial Conte once? lYm
Real Property Article (- Flo ilnc tioa/Amt. of SgFVAF—Sa Transferred:
Section 3-104(g)(3)(I). j f Partial Conveyance, List I vcmcnts Conv ed: _ _ —
rl Doc. I - Graal Names) _ _ Doc. 2.
G-ranwr(s) Names) j
Transferred i(X-P�f� m^� — ► 1-+-R.-( �-�� -.• --1
From Doc. 1 - Owner(s) of Record, If Different from Gronro a , Doc. 2 - Owners) of Reword, JlCDifforenl !Moto Grantors)
_ 6 Transferred Dos 1 Grantee(s) Name(s) Doc. 2 - Grantee(s) Nome(s) '
To
L— - 1`
New Owner's (Grantee) Diai Ad teas
rJ Other Names 1-Adtional nstoe dexeOtions) DoSJAdNWaxed � _ tforra�l
to Be Indexed I __
�Ct 0 Instrument Sulmtilted By or Contact Person Return to Contact Person
ontacUMeil - —. Information Name. - —
rinn: lS be.1 Hold for pickup !1
Address: - - -- 1
---••_ Pholw. ( .i- -- Retu_mAddressProvided
! t f IMPORTANT: SOTATHB_ORIGINAL DEEDAND A PHOTOCOPY MUST ACCOMPANY EACH TRANSFM
Assessment Y No Will the property being conveyed be the grantee's principal residence?
Information Yes I No Does transfer include personal property? If yes. identify:_.._
hYes i - o Was property surveyed? if yes, attach copy of survey (if recorded, no copy required)..
�--� As-�se—ssment Use Onl—DDo NCI Write Below This I,In
T gntnat Venikaaas I I ACffeultUO1Vrtilkal�pn I WnQIa �_e Pq,( Tr�n,.froeesGYR
l.. L n r r•Daw R r Aaelened ProaQr
19 Geo _SYa
Land _ m t} -1 Plat Lot
UL iPjrcal 9ttf19D---.�Qa
n Ce. �Ea,�4 ET,...Cell
NARKS:
Distribution: While - Clark's Office
Canary -SDAT
Pink -Office of Finance
Goldenrod- Preparer
AOC-CC-300 (6/95)
T0N
j Department of Planning & Zoning
A
Owner's Representative Affidavit
�'14 YLA"•,O
This is to certify that BSM BIG POOL LLC
is authorized to file with the Washington County Department of Planning & Zoning and Division
of Engineering & Construction Management, an application fora Map Amendment to the
Washington County Zoning Ordinance for an RB Overlay District and related Site Plan
on property located at 11412 Tedrick Drive Big Pool, Maryland: 21711
The said work is authorized by Richard E.. Mummert & Rhonda E. Mummert
the property owners in fee.
PROPERTY OWNER
Richard E. Mur nmert
Name
11412 Tedrick Drive
Address
Big Pool Maryland 21711
Cit State, Zip Code
)A/l/
Owner's Siqnature
Sworn and subscribed before me this day of
Notary
My Commission, Expires: I(�lsl
PROPERTY OWNER
Rhonda E. Mummert
Name
11412 Tedrick Drive
Address
Bia Pool. Marvland 21711
Cijy, State, Zip Code
Owner's
Sworn and subscribed before me this day of
204,
20.
Notarypublic /�'
My Commission Expires. 1111 S1v
AUTHORIZED REPRESENTATIVE
BSM BIG POOL. LLC
Bradlev A. Fulton, Authorized Person
Name
11535 Hopewell Road
Address
Haaerstown. Maryland 21740
City, State, Zip Code
Authorized Representative's Signature
Sworn and subscribed before me this 6 day of 20 17 .
Notary Public
My Commission Expires:
V `C .- a
SDAT: Real Property Search
7/11/17, 2:36 PM
Real Property Data Search (w4)
Sr lesult for WASHINGTON COUNTY
View Map
View GroundRent Redemption
View GroundRent Registration
Account Identifier:
District - 15 Account Number - 007168
Owner Information
Owner Name:
MUMMERT RICHARD E & RHONDA E
Use: COMMERCIAURESIDENTIAL
Principal Residence: YES
Mailing Address:
11408 TEDRICK DR
Deed Reference: /01499/ 00823
BIG POOL MD 21711-1236
Location & Structure Information
Premises Address:
11408 TEDRICK DR
Legal Description: 9.73 ACRES REM
BIG POOL 21711-0000
11408 & 11412 TEDRICK DR
W/S BIG POOL ROAD
Map: Grid: Parcel:
Sub District: Subdivision: Section:
Block: Lot: Assessment Year: Plat No: 5499
0045 0007 0033
0000
2015 Plat Ref:
Special Tax Areas:
Town:
NONE
Ad Valorem:
Tax Class:
Primary Structure Built
Above Grade Living Area
Finished Basement Area Property Land Area County Use
1918
4100
9.7300 AC
Stories Basement
Type
Exterior Full/Half Bath Garage Last Major Renovation
2 YES
STANDARD UNIT
BRICK 4 full
1 Attached
Value Information
Base Value
Value
Phase -in Assessments
As of
As of As of
01/01/2015
07/01/2016 07/01/2017
Land:
123,600
123,600
Improvements
85,400
85,900
Total:
209,000
209,500
209.333 209,500
•ferential Land:
0
0
Transfer Information
_
Seller: TEDRICK ROGER D
Date: 06/02/1999
Price: $145,000
Type: ARMS LENGTH IMPROVED
Deed1: /01499/ 00823
Deed2:
Seller:----------- ---
---- --
Date: ---
- -- - Price: ------ ------
Type:
Deed1:
Deed2:
Seller:
Date:
Price:
Type:
Deed1:
Deed2:
Exemption Information
Partial Exempt Assessments: Class
07/01/2016 07/01/2017
County: 000
0.00
State: 000
000
Municipal: 000
0.0010.00 0.0010 00
Tax Exempt:
Special Tax Recapture:
Exempt Class:
NONE
Homestead Application Information
Homestead Application Status: No Application
Homeowners' Tax Credit Application Information
Homeowners' Tax Credit Application Status: No Application
Date:
1. This screen allows you to search the Real Property database and display property records.
2. Click here for a glossary of terms.
3. Deleted accounts can only be selected by Property Account Identifier.
4. The following pages are for information purpose only. The data is not to be used for legal reports or documents. While we have confidence in the accuracy of these records,
the Department makes no warranties, expressed or implied, regarding the information.
http://sdat.dat.maryland.gov/RealProperty/Pages/viewdetaiIs.aspx...rchType=ACCT&District=15&AccountNumber=007168%20%20%20%20%20%20 Page 1 of 1
01499 0823
CLERKWASHIHGTON COCIPCUITTN OYRT
THIS DEED, made this 27" day of May, 1999, by JANET L. BOWERS,
Personal Representative of the Estate of Rodger D. Tedrick a/k/a Roger D. Tedrick,
also known as "Grantor".
WHEREAS, Roger D. Tedrick (the "Decedent"). died testate on the 1" day of
November, 1996, owning the improved real property fully described in a deed dated
April 30th, 1964 and recorded in Liber 407, folio 297 among the land records of
Washington County, Maryland; and
WHEREAS, on December 10th, 1996, upon a Petition for Probate, Janet L.
Bowers was appointed Personal Representative of Decedent's Estate by the Register
of Wills for Washington County, Maryland, in Estate No. 41001; and WHEREAS,
pursuant to the terms of the Decedent's Last Will and Testament dated December 17th,
1992, which was admitted to Probate in Estate No. 41001.
WITNESSETH: That for the monetary consideration of ONE HUNDRED
FORTY-FIVE THOUSAND DOLLARS AND 00/100, but in partial fulfillment of the terms
of Decedent's Last Will and Testament and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby
grant and convey unto Richard E. Mummert and Rhonda E. Mummert, husband and
wife, as tenants by the entireties, the following lot or parcel of land, together with any
improvements thereon and all rights, ways, privileges, waters, easements and
appurtenances thereunto belonging or in anywise appertaining and more fully described
as follows:
All that parcel or tract or land situated along the west side of
Tedrick Drive approximately 450 feet from its intersection with
Ernstville Road in Election District No. 15, Washington County,
Maryland and being more particularly described in accordance
with a survey by Frederick, Seibert and Associates, Inc., dated
February, 1999, as follows:
BEGINNING at a point in or near the center line of Tedrick Drive,
said point being the beginning point of the lands now or formerly
of Humble Oil and Refining Company (Liber 479, folio 43), thence
leaving said lands and running with Tedrick Drive S. 43' 42' 10"
W. 220.49 feet to a point along lands now or formerly of The
Evangelical United Brethren Parsonage of Potomac, Maryland
(Liber 457, folio 573), thence with said lands the following two
courses N. 49° 29' 03" W. 141.00 feet to a point, thence N. 46'
59' 03" W, 60.00 feet to a point along Parcel A of a
Preliminary/Final Plat of Subdivision of Lots 1 through 5
01499 0824
CLESGOCIOATyAHINTNOUCOURT
TY
and Simplified Plat of Parcel A for the Estate of Roger D. Tedrick
recorded in Plat folio 5499 among the Land Records of
Washington County, Maryland, thence with said subdivision the
following nine courses N. 43' 00' 58" E. 85.00 feet to an iron pin
and cap, thence N. 54° 47' 05" W. 262.50 feet to an iron pin and
cap, thence N. 33' 41' 35" W. 376.46 feet to an iron pin and cap,
thence S. 66' 43' 58" W. 136.76 feet to an iron pin and cap,
thence S. 39' 52' 14" W. 171.47 feet to an iron pin and cap along
the marginal line of Ernstville Road, thence with said marginal
line with a curve to the left and have radius of 125.00 feet, an arc
length of 25.17 feet and a chord bearing a distance of N. 55' 53'
50" W. 25.13 feet to an iron pin and cap, thence leaving said
marginal line and running with Lot 5 of the said subdivision of the
Estate of Roger D. Tedrick N. 39° 52' 14" E. 179.01 feet to an
iron pin and cap, thence N. 38' 47' 05" W. 271.15 feet to an iron
pin and cap, thence S. 51 ° 22' 56" W. 43.55 feet to an iron pin
and cap along the lands now or formerly of W. Donald Kinzer
(Liber 373, folio 309), thence with said lands N. 38° 37' 05" W.
205.00 feet to a pint in a fence line, thence with said fence and
along lands now or formerly of Ralph L. Weaver (Liber 635, folio
565) N. 47° 14' 55" E. 369.00 feet to a point along other lands of
Roger D. Tedrick and Virginia R. Tedrick (Liber 943, folio 294),
thence with said lands S. 48° 14' 00" E. 940.24 feet to an existing
iron pipe along lands now or formerly of Humble Oil and Refining
Company (Liber 479, folio 43), thence with said lands S. 43° 13'
00" W. 205.17 to a corner fence post, thence S. 470 28' 00" E.
421.22 feet to the place of beginning; containing 9.80 acres,
more or less.
AND BEING a portion of the same real estate that was conveyed from Daniel W.
Martin and Anna Mae Martin, his wife, to Roger D. Tedrick and Virginia R. Tedrick, his
wife, by deed dated 30" day of April, 1964, and recorded in Liber 407, folio 297 among.
the land records of Washington County, Maryland, the said Virginia R. Tedrick having
predeceased her husband with absolute title vesting' into Roger D. Tedrick, as Tenant
by Entirety.
The above -described property is subject to all valid and enforceable rights -of -way,
conditions, restrictions, easements and limitations of record.
And the said Grantor does hereby covenant that she will execute such other and
further assurances as may be requisite.
IN WITNESS WHEREOF, the Grantor has caused her hand and seal to be
subscribed hereto the day and year first above written.
WITNESS:
" JANET L. BOWERS
Personal Representative of the
Estate of Roger D. Tedrick
01499 0825
CLERK OF THE CIRCUIT COURT
WASHINGTON COUNTY
STATE OF WEST VIRGINIA,
BERKELEY COUNTY, to -wit:
I HEREBY CERTIFY, that on this C V' day of May, 1999, before me, a Notary
Public in and for the State and County aforesaid, personally appeared JANET L.
BOWERS, Personal Representative of the Estate of Roger D. Tedrick, personally
known to me to be the person whose name is subscribed :to the aforegoing Deed and
who did acknowledge in due form of law that the aforegoing Deed was his true and
valid act.
WITNESS my hand and Official Notarial Seal.
Notary Public
My Comm s'on Expires:
�1•� I
THIS IS TO CERTIFY that the within instrument was prepared by or under the
supervision of the Undersigned, an attorney duly admitted to practice before the Court
of Appeals of Maryland.
Richard A. Pill
THIS INSTRUMENT WAS PREPARED BY:
David D. Pill, Esq., TAXES PA
PILL & PILL, Attorneys at Law TODD L 2iF. It�y Ttt
1444A Edwin Miller Blvd., ii"r 1 i�r5t '.0A
P. O. Box 440, EEN,' tL F� 20.W
Martinsburg, WV 25402-0440 TtR TO' TAON T it-0.00
g TR TO' STAKE iix.BE1
TOTAL 11852.00
AFTER RECORDING RETURN TO: Resl« Ifs RCFt # 2238
Richard E._Mummert and Rhonda E. Mummert Ik1W 0 Elk 1 489
5/u 1ioe Vi I I ,ili i R, UNJ 03:47 Fs
dsb/35002 Tedrick Estate to Mummert Deed
01499 0826
CL"ASHINGTON COUNCOURT
WkIn
State of MarylandLand Instr t ke heet��
❑ Baltimore g/I!
City l County:
lnformadon provided is for the are oJrhe Clerk'sOJJice, Side Aeparrmen! of
Assessnlertrt and Tarallon, and County Ftaance Office only.
Int in Black Ink Only -All Cooles M t Be I exible)
ELL
1 Type(s) ( Check Boa if Addendum Intake Form Is Attached.)
of Instruments Deed Mortgage Other Other
Deed of Trust Lease
ConVayance Ty Improved Sale Unimproved Sale Multiple Aceoom Not an Arms-
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3 Tax Exemptions RccordaUon
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Transfer and Recordstfan Tax Cot_uldentton -_
Any New M-25pge
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S
Recordation Tax Consideration
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_
S
TOTAL DUE
$
Amount of Fees
Doe.1
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Assessment
Yes No Will the property being conveyed be the grantee's principal residence?
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Information
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® Subject Property
- Proposed RB
ZONING
Zone
EC
P
RB
RV
1 inch = 500 feet
CIVIL ENGINEERING LSURVEYING ]_LANDSCAPE ARCHITECTURE
FHEI)L"RICK, S61tiLlil G ASSOCIA165, i14;=; __, _,__,_
September 6, 2017
Suggested description of new Zoning Area for the Big Pool A C & T
Situate southwest of 1-70 and northwest of Big Pool Road, Election District 15 and being more
particularly described in accordance with a survey by Frederick, Seibert and Associates, Inc. dated July
10, 2017 as follows:
Beginning for the outline hereof at a point in the southwest margin of 1-70, said point also at the end of
the second or S 270 43' 19" E 302.06 foot line of lands conveyed to BSM Big Pool LLC by deed dated
June 9, 1999 and recorded at Liber 1501, folio 388, running thence with the south margin of 1-70 S 480
15' 26" E 96.71 feet to a point, thence S 24' 54' 28" E 84.66 feet to a point, thence S 42' 39' 32" W
125.23 feet to a point, thence S 46' 53' 28" E 77.60 feet to a point, thence S 31 ° 06' 32" W 31.07 feet to
a point, thence by a curve to the left with a radius of 913.51 feet, an arc length of 30.411 feet and a
chord bearing and distance of S 29' 58' 45" W 30.41' to a point, thence N 46°53'28"W 90.49' to a point,
thence N 42045'01 "E 8.03' to a point, thence N 47129'28" W 421.22' to a point, thence N 47129'28" W
397.70' to a point, thence N 2128"00" W 174.92' to a point, thence N 41 °44'32" E 74.40' to a point,
thence S 48015'28" E 524.82' to a point, thence N 43111'32" E 92.72' to a point in the south margin of
Interstate Route 70, thence with said margin S 27018'08" E 259.16' to the place of beginning.
Containing 4.60 acres of land, more or less,
RAS/nse, 7073 zoning area desc
fsa-md.com HAGERSTOWN, MD GREENCASTLE, PA CARLISLE, PA
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Re-V i na4
rb_.,,
DNELBISSBc,WILKINSON
ATTORNEYS AT LAW
September 7, 2017
Re: Justification Statement; Rural Business (RB) District Overlay Application:
11412 Tedrick Drive, Big Pool, Maryland 21711 and 11079 Big Pool Road, Big Pool, Maryland
21711 (collectively, the "Property")
REQUEST
Application is made by BSM Big Pool, LLC, a Maryland limited liability company (the
"Applicant") for a Map Amendment to the current Washington County Zoning Map amending
a +/- 2.24 acre portion of the Property with the RB District floating zone (the "RB District"). In
the event this Application is approved by the Board of County Commissioners for Washington
County, the Applicant will proceed to seek site plan approval for the redevelopment of the
existing 40+ year -old convenience store and adding an integrated restaurant that will prepare
fresh food on site for both take-out and sit-down dining, which are permitted uses in the RB
District as indicated in Article 3, Table 3.3(1) of the Washington County Zoning Ordinance as
amended by Ordinance No. ORD-2015-20 (herein collectively, the "Ordinance").
HISTORY
The Property consists of two parcels totaling +/- 14.88 acres. The first parcel, located at
11412 Tedrick Drive, Big Pool, Maryland 21711 (Map 45, Parcel 33) containing +/- 9.73 acres of
land is owned by Richard & Rhonda Mummert (the "Mummert Parcel"). Applicant is the
contract purchaser of the Mummert Parcel pursuant to an Agreement of Sale dated April 26,
2017. Richard and Rhonda Mummert consent to this Application as evidenced by the Owner's
Representative Affidavit appended to this Application. The second parcel, located at 11079 Big
Pool Road, Big Pool, Maryland 21711 (Map 45, Parcel 34) containing +/- 5.15 acres of land, is
owned by the Applicant (the "AC&T Parcel"). The requested RB District would overlay a +/-
2.24 acre portion of the Property and when combined with the existing RB District on the AC&T
Parcel will total +/- 4.59 acres overlaid with the RB District. The Applicant has been the record
owner of the AC&T Parcel since 1998 and has operated an AC&T branded convenience store
and gas station thereon. The Applicant's predecessor in interest to the AC&T Parcel was the
Exxon Corporation which operated an Exxon branded convenience store and gas station since
the 1960s. Historically, the Property was zoned "HI" Highway Interchange until 1997 when it
13424 Pennsylvania Ave PHONE (301) 791-9222
Suite 302 FAX (301) 791-9266
rezoned to the "C" Conservation District. Thereafter, in concert with the 2005 Rural Area
Rezoning the Property received its current zoning district designations.
The Mummert Parcel is split -zoned "RV" Rural Village and "EC" Environmental
Conservation. The AC&T Parcel is also split -zoned. The portion of the AC&T Parcel
whereupon the existing AC&T is situated is zoned "RV" Rural Village and overlaid with the RB
District. The "panhandle" portion of the AC&T Parcel is zoned "EC" Environmental
Conservation. The relevant portion of the current Washington County Zoning and Parcel map
is attached hereto and incorporated herein as Exhibit A. A Concept Plan, prepared by
Frederick Seibert & Associates, Inc. and showing the proposed RB District as well as the
convenience store and restaurant (herein, the "New AC&T") contemplated by the Applicant is
attached hereto and incorporated herein as Exhibit B.
JUSTIFICATION
The purpose of the RB District is "...to permit the continuation and development of
businesses that support the agricultural industry and farming community, serve the needs of
the rural residential population, provide for recreation and tourism opportunities and to
establish locations for businesses and facilities not otherwise permitted in the rural areas of the
County." (Ordinance, Article 5E-"RB" Rural Business District) The Applicant asserts that the
approval of this Application, thereby expanding the RB District would satisfy and accomplish
the purpose of the RB District,
The Applicant intends to vacate the boundary lines between the Mummert Parcel and
AC&T Parcel to facilitate the demolition of the existing AC&T and construction of the New
AC&T with a +/- 4,256 sf convenience store and +/- 2,311 sf restaurant and dining area as
shown on the Convenience Store Floor Plan prepared by George C, Harne, Architect and
attached hereto as Exhibit C. The New AC&T will continue to be the sole convenience store and
gasoline and diesel fuel retailer in the area. In addition to fuel sales, the New AC&T will offer
prepackaged food and retail items to its patrons. The design of the New AC&T follows the
trend in larger modern convenience stores by incorporating a restaurant and introducing a
menu of food options prepared in-store for both take-out and sit-down dining. The current
building is decades old and in much need of a renovation to bring it up to date and keep up
with demand for new stores providing expanded services.
The enlarged RB District will also make way for the expansion of the fueling facilities for
both gasoline and diesel vehicles. As shown on Exhibit B, the New AC&T will provide separate
fueling canopies for diesel and gasoline pumps, as are commonly included in modern
convenience store designs. Moreover, the New AC&T will require more employees on each
shift, creating employment opportunities for the surrounding area.
The redevelopment of the Property, as described herein, expands an existing use and
introduces a new use permitted in the RB District, but not otherwise permitted in the rural area
that nevertheless has just as much need for these uses as the urban growth area. Moreover, the
uses contemplated in the New AC&T are not appropriate for most locations within the rural
areas of Washington County. However, given the Property's adjacency to Interstate 70 and the
fact that historically the Property was zoned HI and a convenience store has been in operation
for nearly 50 years, the Property is perfectly suited for Applicant's proposed redevelopment
and construction of the New AC&T.
The proposed Map Amendment satisfies the criteria for a new RB District as set forth in
Section 5EA(b) of the Ordinance.
1. The Proposed RB Zone is not within any designated growth area identified in the
Washington County Comprehensive Plan.
2. The proposed RB District has safe and usable road access that meets the standards
under the "Policy for Determining Adequacy of Existing Roads. Access to the
existing AC&T is via Big Pool Road/MD Route 56. Though the Property has access
to Tedrick Drive and Ernstville Road, traffic shall access the New AC&T from Big
Pool Road/MD 56 only. The Applicant does not anticipate the proposed use of the
Property to generate 25 or more peak hour trips, nor does the Applicant anticipate
more than 40% of estimated vehicle trips to be comprised of commercial truck traffic.
Any issues concerning the number of peak hour trips or the volume of commercial
truck traffic may be addressed by a traffic impact study during the site plan
approval process for the New AC&T.
3. With regard to sewage disposal, water supply, and stormwater management:
a. The Property is serviced by septic facilities situated on the Property. The
septic facilities are adequate for the existing AC&T, and the New AC&T
contemplated by the Applicant is not expected to create significant additional
stress on the septic system. Further, AC&T has the equipment and capability
to pump septic tanks and regularly pumps the tanks on the Property to
reduce wear and stress. Applicant anticipates that AC&T will continue this
practice.
b. The Property's water source is a well located thereon and serves the existing
AC&T and presumably the residential structure located on the Mummert
Parcel. With the construction of the New AC&T, an increase in water usage
will follow. Applicant does not anticipate the increase to unduly burden or
strain the water table and existing well. Should concerns arise during the site
plan approval or construction phases of the project, Applicant will confirm
the adequacy of the water table via a hydrogeological study. Additionally,
the residential structure will be demolished to make way for the New AC&T.
Any increase in water consumption attributable to the New AC&T will be
partially offset by the removal of the residence.
c. The Applicant will supplement the existing stormwater management
elements with additional features to be located on the Property, where
practicable.
4. The proposed RB District is not incompatible with existing land uses, cultural or
historic resources or agricultural preservation efforts in the vicinity of the Property.
The convenience store and gasoline pumps have operated in harmony with the
surrounding land uses since the 1960s. The New AC&T will be constructed along Big
Pool Road within the portion of the AC&T Parcel already overlaid with the RB
District. The Property's location adjacent to Interstate 70 and along a Maryland state
road classified as a minor collector makes it an ideal location for the RB District. The
Property's previous zoning designation of "HI", acknowledges its proximity to
Interstate 70 and further supports Applicant's position that the RB District is entirely
appropriate at this location. Adequate distance and buffering exist between the
Property and adjacent parcels as well as the nearby C & O Canal National Historical
Park and Towpath, the Potomac River and Fort Frederick State Park which are
zoned "P" Preservation. Moreover, granting this Application and allowing the
Applicant to redevelop the Property preserves the agricultural resources in the area,
which may otherwise be sought out as an alternative albeit less appropriate location
for the RB District. Finally, the proposed Map Amendment sought by the Applicants
satisfies the Bulk Regulations required by the Ordinance for the RB District:
a. Lot Size: Minimum 40,000 sf - the area of the proposed RB District will be
+/- 4.59 acres when combined with the existing RB District overlay.
b. Front Yard Building Setback: 40 feet from a Minor Collector or Local Public
Road Right of Way; 50 feet from a Major Collector or Arterial Public Road
Right of Way -The proposed redevelopment of the Property complies with the
Front Yard Building Setback.
c. Side and Rear Yard Building Setbacks: 50 feet from a property zoned for or
occupied by a Residential Land Use; 25 feet from a property zoned for or
occupied by a Non -Residential Land Use -The proposed redevelopment of the
Property will comply with the Side and Rear Yard Building Setbacks.
d. Height: No proposed or existing structure is or shall be greater than 35 feet in
height.
e. Lot Coverage: Maximum 65%. Impervious surface coverage does not exceed
65% of the Property. In fact the entire proposed RB District covers only 30%
of the Property.
f. Parking: Article 22, Division I of the Ordinance is applicable (a)"...for any
new structure built or any new use established" (b) "Existing structures or
uses that increase in size by 35% or more..." or (c) upon a change in the
principle use of a structure or site requiring a greater number of parking or
loading spaces. The Ordinance requires 53 parking spaces as shown on the
concept plan. All on -site parking shall comply with Article 22, Division I of
the Ordinance.
g. Signage: No new signage is proposed at this time, any future signage shall
conform to the requirements set forth in Section 22.23 of the Ordinance.
h. Lighting: All building mounted or freestanding lighting, if any, shall use LED
bulbs and be oriented so that light and glare are minimized and directed
toward the ground.
i. Outdoor storage is not intended on the Property.
j. Screening: Trash, refuse or recycling receptacles shall be screened from public
view as shown on Exhibit B. Further, screening between residential uses and
the Property shall be in accordance with Section 5E.50)(3) of the Ordinance.
CONCLUSION
The Applicant respectfully requests that the Washington County Planning Commission
recommend approval of its application for Map Amendment for the RB District floating zone
and the Board of Commissioners for Washington County grant its application for Map
Amendment.
Very truly yours,
DIVELBISS & WILKINSON ,
Zachary J. Kieffer
Attorney at Law
Email: zkieffet@divelbisslazv.com
171
•
REVISED EXHIBIT B
0
POOL
BIG POOL, M11❑ `
CONVENIENCE STORE.
vs% Y
REVISED EXHIBIT 0
L 1.
Washington•
M A R Y L A N D
V-
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING LAND PRESERVATION! FOREST CONSERVATION GIS
September 8, 2017
Property Owner(s)
Applicant(s)
Location
Election District
Comprehensive Plan
Designation
Zoning Map
Parcel(s)
Acreage
Existing Zoning
Requested Zoning
Date of Hearing
Case #: RZ-17-005
Application for Map Amendment
Staff Report and Analysis
Richard and Rhonda Mummert
BSM Big Pool, LLC (Contract purchaser)
BSM Big Pool, LLC
NW side of Ernstville Road, adjacent to 1-70 eastbound exit ramp
#12
#15 — Indian Springs
Environmental Conservation
45
P. 33
9.73 acres (2.24 acres proposed for RB)
Environmental Conservation
Environmental Conservation with Rural Business (RB) overlay
September 25, 2017
Location and Description of Subject Properties
The subject parcel is located on the northwest side of Big Pool Road (MD Route 56) immediately adjacent
to the Interstate 70 eastbound exit ramp #12. The parcel contains 9.73 acres of land and is currently
improved with a residential
structure and a few out
buildings. The parcel is
located in the Rural Area of
the County as designated by
the Comprehensive Plan. A
portion of the property is also
located within the Rural
Village of Big Pool.
Population Analysis
To evaluate the change in
population, information was
compiled from the US
Census Bureau over a thirty-
year time frame. A thirty
year horizon was chosen to
Figure 1: View of the subject area looking northwest.
100 West Washington Street, Suite 2600 Hagerstown, MD 21740 240.313.2430 240.313.2431 7-1-1
VVWW.WASHCO-MD.NET
Staff Report and Analysis
RZ-17-005 — BSM Big Pool, LLC
show long term population trends both in the election district of the proposed rezoning, as well as the
overall trends of the County.
The subject parcel is located in the Indian Springs Election District, #15. The Indian Springs Election
District is about 46.9 square miles (30,025 acres) in size and has a population of approximately 2,057
people according to the 2010 Decennial Census. This averages to a population density of 43.8 persons
per square mile. In comparison, the County has an average population density of 315 persons per
square mile.
/,) / * Iva
'a c
z
��so.HAMJ+
091!
8/6
Figure 2 — Election District #15
1Oe
As shown in the table below, this district has slowly grown in population by about 21.4% (or about 0.7%
per year) over the thirty year period. During the same 30 year span, population in the County as a whole
has increased by 30.37% (or 1.01% per year). It is evident from these figures that this election district
has grown more slowly than the County as a whole and is one of the more sparsely populated areas per
square mile.
2
Staff Report and Analysis
RZ-17-005 — BSM Big Pool, LLC
Population
Trends 1980 - 2010
Year
Area
Population
° change from
previous
decade
1980
District
1694
County
113086
1990
District
1842
8.7%
County
121393
7.3%
2000
District
1975
7.2%
Coun
131932
8.7%
2010
District
20571
4.2%
County
147430 I11.7%
Source: US Census Bureau
Availability of Public Facilities
Water and Sewerage
The adopted Water and Sewerage Plan for the County establishes the policies and recommendations for
public water and sewer infrastructure to help guide development in a manner that helps promote healthy
and adequate service to citizens. By its own decree, the purpose of the Washington County Water and
Sewerage Plan is "...to provide for the continued health and well-being of Washington Countians and our
downstream neighbors..."' This is achieved through implementing recommendations within the County
Comprehensive Plan and the Water and Sewerage Plan to provide for services in a timely and efficient
manner and by establishing an inventory of existing and programmed services.
Water:
The subject property is located within a W-7 (No Planned Service) service area as delineated in
the 2009 Water and Sewerage Plan. There is no public water service available in the vicinity of
this property; therefore, service will need to be provided by a private well.
While a current well location is not shown on the preliminary site plan, the applicant has stated
within the narrative that there is believed to be a shared well on the property that serves both the
existing residence and the neighboring convenience store.
According to the preliminary site plan and narrative of the justification statement it appears that
the portion of the property seeking the RB floating zone designation will not contain any uses that
will necessitate additional potable drinking water facilities. However, since it is expected that this
property will ultimately be joined with the existing parcel containing the convenience store, the
applicant has provided some additional information relating to wastewater facilities as a point of
context.
According to the preliminary site plan and narrative of the justification statement it appears that
the existing residence on this site will be demolished, thereby negating the need for water
facilities on the site. The applicant also states that with the increase in size of the adjacent
convenience store, an increase in water usage will also occur. It is the applicant's belief that the
removal of the existing home site will offset the additional water capacity needed by the re-
development on the adjacent parcel; and, therefore, the existing well will be capable of
accommodating the increased water need. Well locations are approved by the County Health
Department. The Health Department is also responsible for the monitoring of the well for water
Washington County, Maryland Water and Sewerage Plan 2009 Update, Page 1-2
3
Staff Report and Analysis
RZ-17-005 — BSM Big Pool, LLC
quality issues. Copies of this application were sent to the County Health Department for review
and comment and they responded that they had no comments regarding this application.
Wastewater:
The subject property is located within an S-7 (No Planned Service) service area as delineated in
the 2009 Water and Sewerage Plan. There is no public sewerage service available in the vicinity
of this property; therefore, service will need to be provided by an on -site septic system.
There is no indication of whether or not there is an existing septic system or other wastewater
disposal method currently being used on the site. It is assumed that there is some method of
disposal given the fact that the existing residence on the site is currently occupied and appears to
have been occupied for several decades.
According to the preliminary site plan and narrative of the justification statement it appears that
the portion of the property seeking the RB floating zone designation will not contain any uses that
will necessitate additional wastewater facilities. However, since it is expected that this property
will ultimately be joined with the existing parcel containing the convenience store the applicant
has provided some additional information relating to wastewater facilities as a point of context.
According to the site plan and narrative of the justification statement, there is an existing septic
system located on Parcel 34 that currently serves the existing convenience store. They believe
that the existing septic system will be able to accommodate the slight increase in size of the
convenience store. The County Health Department is responsible for approving the location and
method of sewage disposal on individual properties in the County. Copies of this application
were sent to the County Health Department for review and comment and they responded that
they had no comments regarding this application.
Emergency Services
Fire:
The subject parcel is located within the service area of the Clear Spring Volunteer Fire Company
(Company #4). The property is approximately 5.6 miles away from the fire station.
Emergency Rescue:
Emergency Rescue services are provided to both parcels by Clear Spring Rescue (Company
#49). The property is located approximately 5.6 miles from the rescue station.
A copy of this application was sent to each of the volunteer companies as well as to the
Washington County Division of Emergency Services. No comments have been received
regarding this application.
Schools
The property is located within the school districts of Clear Spring Elementary, Clear Spring Middle, and
Clear Spring High schools. The subject property is currently zoned EC (Environmental Conservation)
which does permit limited residential uses. The requested change for the subject property to be rezoned
to RB (Rural Business) would eliminate the potential for residential development and would therefore not
have an impact on school capacities.
►,I
Staff Report and Analysis
RZ-17-005 — BSM Big Pool, LLC
Present and Future Transportation Patterns
Highways
The subject parcel in this application
has road frontage along Tedrick Drive;
however, only a portion of the property
is being considered for this application.
The portion of the property being
considered for rezoning is located to the
rear (northwest) of Parcel 34 and
technically has no road access. It is
anticipated that the area being
considered for rezoning will be added to
the existing Parcel 34 and thereby have
access onto Big Pool Road (Maryland
Route 56) via an existing entrance
currently serving Parcel 34.
As shown in Figure 3 there is a unique
arrangement of the parcels in this area
due to the installation of Interstate 70.
Prior to the interstate system both
Parcels 33 and 34 had direct access
onto Big Pool Road (see Figure 4). The
installation of the interstate bisected the
road and forced a re -alignment of Big
Pool Road and Ernstville Road. The
remaining portion of the former Big Pool
Road was renamed to Tedrick Drive
and serves as access for the above
mentioned parcels (see Figure 5). With
Figure 3: Vicinity Mop of Interstate 70 at Big Pool Road loss of direct access to the State route
the owners of Parcel 34 purchased a
small portion of land between MD 56 and Tedrick Drive to allow for direct access to the State route.
Maintaining the integrity of the
County Highway system is an
important subject to consider as
part of any zoning application.
There are two primary
considerations when evaluating the
functionality of the road network;
mobility and access. Higher order
roadways such as Interstates and
Arterials typically have high traffic
volumes and are designed to
provide more mobility vs. access.
Lower order roads such as local
roads are designed to provide more
access than mobility. Collector
roads are designed to bridge the
gap between higher order and
lower order road systems by
Figure 4: 010 Big Pool Road looking northeast circa 1977
0
Staff Report and Analysis
RZ-17-005 — BSM Big Pool, LLC
providing both mobility and access.
Big Pool Road is classified as a "Minor Collector" roadway according to the Functional Road Classification
Map in the Comprehensive Plan. In a rural setting, minor collector highways can expect traffic in the
range of 500 to 1,500 ADT (Average Daily Traffic).
To provide more specificity to this topic Staff
has analyzed historic and existing traffic
counts as well as any existing traffic impact
studies that have occurred in the vicinity. Big
Pool Road is a State Route and is therefore
maintained and monitored by the Maryland
State Highway Administration (SHA). Each
year MD SHA releases data related to traffic
counts in various areas of the State. It is
important to understand that the traffic counts
collected can vary widely from year to year
depending upon numerous variables such as:
counter location, time of day, and time of
year. The data shown in the chart below has
been derived from MD SHA traffic count data
and is expressed in annual average daily
traffic volumes.
Fig ure 5: VedHek Drive looking; northe;isi (September. 1-017)
In addition to analyzing traffic counter data from locations along Big Pool Road, data was also evaluated
relating to Interstate 70 in the vicinity of the
MD 56 east of
1-70 Westbound
subject parcel. While this data does not have a
Year
Ernstville Road
east of MD 56
direct correlation to traffic that occurs along the
-- -
471
4345
43450
entire length of Big Pool Road, it is assumed that
2010_
471
39741
the existing gas station/convenience store use is a
_2010
475
475
40025
large generator of traffic in the very small section
_ _
of Big Pool Road between the entrance to Parcel
2005
1995
375
t —
24950
34 and the westbound on -ramp to the Interstate
and as such, should be included in the analysis.
: 1990
_ 500
na
1985
400
18275
Source: Maryland State Highway Administration
While Interstate 70 is considered a Federal Route, it is maintained by the Maryland State Highway
Administration with federal funding Therefore, the MD SHA also collects traffic count data for the
interstate system as well as State routes. This application was sent to the Maryland State Highway
Administration for review and comment. They replied back that they had no comments regarding this
application.
Public Transoortation
This area is not served by public transportation
(
Staff Report and Analysis
RZ-17-005 — BSM Big Pool, LLC
Compatibility with Existing and Proposed Development in the Area:
The subject parcel is currently zoned Environmental Conservation. The applicant is seeking to add a
Rural Business floating zone to a portion of the property. The purpose of the Rural Business floating
zone is "...to permit the continuation and development of businesses that support the agricultural industry
and farming community, serve the needs of the rural residential population, provide for recreational and
tourism opportunities, and to
establish locations for businesses
and facilities not otherwise
permitted in the rural areas of the
County....".
The subject property is located
between two designated Rural
Villages; Ernstville and Big Pool.
There are a few lots to the south
of the property also zoned
Environmental Conservation that
are sandwiched between the two
Rural Villages. The property is
bounded on the north side by
Interstate 70.
Figure 6: View from rear of Parcel 34 looking southwest (September, 2017)
The property is located within
1,000 feet of the C&O Canal towpath and the Western Maryland Rail Trail and is surrounded by primarily
residential, agricultural, and open space uses. Other than the property immediately adjacent that
contains an existing gas station/retail store, there is only one other property zoned Rural Business within
a one-half mile radius of the property.
Another important component of compatibility is the location of historic structures on and around the
parcels being proposed for rezoning. According to the Washington County Historic Sites Survey there
are several existing historical resources located within a 0.5 mile radius of the proposed rezoning areas.
First, the property is located within a designated historic district known as Ernstville-Big Pool. According
to the architectural historian who documented this area, "The Ernstville-Big Pool area is predominantly a
late 19m century community which apparently developed along the Western Maryland Railroad, the C & 0
Canal, and the Potomac River. Most of the houses appear to be of frame construction or sided log."
While noted as a district in the Maryland Inventory of Historic Properties, there has been no official
detailed investigation of the area. There are no additional restrictions on the properties located within the
district.
Another historic resource associated with this area was the old Ernstville Road Bridge (WA-V-417). The
historic bridge has been removed and replaced with a more modern facility. The uniqueness of the
bridge was related to its construction which included a timber deck and floor beams. It was also
designated as being historically significant because of its function. This bridge served to span access
over the Western Maryland Railroad to the rural villages of Ernstville and Big Pool. When the railroad
was built in the early 1800s it bisected these rural communities from access to the C&O Canal and the
Potomac River. Both of which served as major access points to regional trade areas such as Hagerstown
and ultimately Washington DC.
There are two other historic resources identified in the Maryland Historic Sites Inventory that are within a
one-half mile radius of the subject site. Neither of the sites appear to have any detailed information
relating to their designation, therefore an analysis of their historic relevance is not possible at this time.
7
Staff Report and Analysis
RZ-17-005 — BSM Big Pool, LLC
According to the limited data provided by the Maryland Historical Trust it appears that one of the
resources (WA-V-433) is an old SHA culvert that crosses under MD 56 to allow drainage of an existing
tributary stream to the Potomac River. The other resource (WA-V-262) appears to be a residential
structure built in the early 1900s.
Relationship of the Proposed Change to the Adopted Plan for the County:
The purpose of a Comprehensive Plan is to evaluate the needs of the community and balance the
different types of growth to create a harmony between different land uses. In general, this is
accomplished through evaluation of existing conditions, projections of future conditions, and creation of a
generalized land use plan that promotes compatibility while maintaining the health, safety, and welfare of
the general public.
The subject parcel is split between the sub -policy areas of Environmental Conservation and Rural Village.
The portion of the property being proposed for an expansion of the RB floating zone is located entirely
within the Environmental Conservation sub -policy area. The Comprehensive Plan offers the following
recommendations for this policy area:
Environmental Conservation Policy Area recommendations:
"This policy area is associated with locations in the County where environmental
sensitivity issues are prominent enough to warrant constraints on development. It
includes steep slopes and forested areas on mountainsides as well as the steep slopes,
flood plains, and forested areas along the Potomac River, Conococheague Creek, lower
Antietam Creek, and Beaver Creek.'2
"Because of environmental sensitivity these areas warrant special consideration
regarding development and construction. Lack of coordination can easily cause
environmental degradation to occur. "a
The Comprehensive Plan also addresses the existence of rural business and how to address the
expansion and establishment of new businesses. The Plan offers the following recommendations
for rural business development:
Rural Business Development recommendations:
"No specific policy area is recommended to be created to address rural business
development. It is recommended that few business be allowed by right in the rural policy areas.
Most of the businesses that should be allowed by right would be associated with or support the
agricultural industry."
"A new zoning classification called Rural Business is recommended to address business
development in the rural policy area. The Rural Businesses Overlay District would be permitted
to be located anywhere in the Rural District not prohibited by other constraints in the Zoning
Ordinance. Uses should be limited to those supporting tourism development or needed to
provide services to the residential population.'A
Change in the Character of the Neighborhood or Mistake in Original Zoning Rule
The Rural Business zoning district has been established as a "floating zone" within the County Zoning
Ordinance. This designation provides more flexibility than that of traditional Euclidean zoning. As such,
applicants seeking to apply the Rural Business Floating Zone are not required to comply with the change
or mistake rule.
z 2002 Washington County Comprehensive Plan, Chapter 12 Land Use Plan, p. 249.
' ibid.
a Ibid. Pages 253-254.
93
Staff Report and Analysis
RZ-17-005 — BSM Big Pool, LLC
For a property to be eligible to receive the RB floating zoned designation, there are four basic criteria that
first need to be met:
1. The proposed RB District is not within any designated growth area identified in the
Washington County Comprehensive Plan;
2. The proposed RB District has safe and usable road access on a road that meets the
standards under the "Policy for Determining Adequacy of Existing Roads". In addition, a
traffic study may be required where the proposed business, activity or facility generates 25 or
more peak hour trips or where 40% of the estimated vehicle trips are anticipated to be
commercial truck traffic;
3. Onsite issues relating to sewage disposal, water supply, stormwater management,
floodplains, etc. can be adequately addressed; and
4. The location of an RB District would not be incompatible with existing land uses, cultural or
historic resources, or agricultural preservation efforts in the vicinity of the proposed district.
In addition, although the change or mistake rule is not applicable, the Planning Commission and the
Board of County Commissioners are required in their deliberations to establish express findings that, at a
minimum, consider the purpose of the proposed Rural Business zoning classification, the applicable
policies of the Comprehensive Plan and the Zoning Ordinance, and the compatibility of the proposed RB
district with neighboring properties.
Staff Analysis:
In accordance with Section 5E.6 of the Washington County Zoning Ordinance the procedure for creation
of a new RB zoning district includes the Planning Commission making a recommendation to the Board of
County Commissioners on six points of interest. These points are outlined and analyzed below.
1. The proposed district will accomplish the purpose of the RB District.
As stated previously, the purpose of the Rural Business floating zone is "...to permit the continuation and
development of businesses that support the agricultural industry and farming community, serve the needs
of the rural residential population, provide for recreational and tourism opportunities, and to establish
locations for businesses and facilities not otherwise permitted in the rural areas of the County.... ". In this
case the property seeking the RB floating zone is effectively an extension of the existing use on the
adjacent property, Parcel 34. On the parcel adjacent to the subject site, the applicant is proposing to
demolish the existing convenience store, relocate the store closer to the Interstate, and increase the size
of the store to about 6,500 square feet.
The new structure will have a mixed retail use that includes about 4,300 square feet for the convenience
store and 2,300 square feet for a restauranttdine-in area. In addition the applicant is proposing to
relocate the existing fuel canopy to align with the new location of the store structure. The fuel canopy is
expected to remain about the same size of 5,000 square feet.
This re -development of the existing site is also the genesis of the requested zoning change. Currently the
adjacent parcel has an area related to commercial truck traffic that includes a two -pump fuel island and
between 8+/- parking spaces for trucks. With the relocation and expansion of the convenience store it is
necessary to relocate this area relating to commercial truck traffic. As such, the applicant is proposing to
create a larger queueing area for trucks lining up to fuel and increase the number of diesel fuel pumps on
the subject rezoning site.
Both convenience stores (with or without fueling stations) and restaurants are principally permitted uses
in the Rural Business overlay district. It should be noted that convenience stores are limited by definition
to 5,000 square feet of retail area including the fuel canopies. It is obvious on the preliminary site plan
that the proposal for the convenience store (including fuel canopies) exceeds the defined limitation.
0
Staff Report and Analysis
RZ-17-005 — BSM Big Pool, LLC
While the proposed re -development of the adjacent parcel does not seem to adhere to the Zoning
Ordinance definition of a permitted convenience store, that portion of the site plan is not part of what is
being analyzed for this case. For the purposes of this analysis, the case is limited to the development
proposed on the areas requesting to be rezoned. It appears that the only uses proposed on the subject
site are fueling stations and additional paved area which are permitted in the RB district. The re-
development that occurs on the adjacent parcel will have further review later as part of a formal site plan
submittal.
2. The proposed site development meets criteria identified in Section 5E.4 of this Article [Article 5E
— Rural Business District].
a. The proposed RB District is outside of any designated growth area.
The subject parcel is in fact located outside of any designated growth area boundary as
illustrated in the adopted Plan for the County.
b. The proposed RB District has safe and usable road access...
While the portion of the property requesting the RB floating zone has no direct road access
the assumption is that the land will be added to the existing Rural Business area. The existing
business has an existing access point onto Big Pool Road which is also known as State Route 56.
The applicant is proposing to maintain this entrance; and, therefore, there appears to be a safe and
usable access point for this rezoning request.
c. On -site issues relating to sewage disposal, water supply, stormwater management, etc. can be
adequately addressed.
As already discussed in previous sections of this report, there appears to be adequate room
to properly handle the proposed expansion of the adjacent use onto the area proposed for rezoning.
d. The location of the RB District would not be incompatible with existing uses, cultural or historic
resources or agricultural preservation efforts.
There are only a few historic resources documented within one-half mile of the proposed rezoning area
and there appears to be no negative impact of the proposal on these resources. There are no agricultural
land preservation easements or districts within a one-half mile radius of the proposed rezoning.
Furthermore, there appears to be no imminent plans for land preservation on or around the proposed
rezoning area.
3. The road providing access to the site is appropriate for...the proposed RB land use.
This issue has already been discussed in other portions of this report. There appears to be good access
already existing to the site and there are no proposals to alter the access point.
4. Adequate sight distance along roads can be provided at proposed point of access to the site.
There is no direct access to the proposed rezoning site. It is presumed that the area proposed for
rezoning will be added to the adjacent parcel. The adjacent parcel already has an approved entrance to
the highway and the proposed changes on the site do not appear to raise alarm to the functionality of the
existing entrance.
5. The proposed landscaped areas can provide adequate buffering of the proposed RB land use
from the existing land uses in the vicinity.
The applicant is proposing to buffer the entire length of the southwest boundary of the property to shield
the expansion of area relating to traffic movement from the neighboring residential properties. Given that
there is existing vehicular traffic in this general vicinity, the addition of a vegetative buffer will greatly help
shield neighboring properties from light spillover.
M1]
Staff Report and Analysis
RZ-17-005 — BSM Big Pool, LLC
6. The proposed land use is not of a scale, intensity or character that would be incompatible with
adjacent land uses or structures.
The area proposed for rezoning is currently vacant and unimproved. It contains mostly wide open
meadow area bounded on the northwest by forest area. According to the preliminary site plan provided
by the applicant, it appears that the area in question is proposed to expand the area related to
commercial truck traffic and provide a better flow of internal traffic overall. Also proposed for the rezoning
area is a new diesel canopy that will be slightly larger than the existing one on the adjacent parcel.
Based upon historic and projected traffic count trends, there is an assumption that interstate traffic will
continue to increase in this area and in the County as a whole. With this assumption in place it would
also be easy to assume that support industries such as gas stations and convenience stores will continue
to see increased use.
It seems a logical conclusion, therefore, that the area requested for rezoning is meant to work in concert
with the existing adjacent commercial area. This expansion of services seems logical and appropriate
given that the area requested for rezoning is only 2.24 acres in size, is adjacent to an existing commercial
use also zoned with an RB overlay, and is directly adjacent to the interstate. In addition, the applicant
has made a concerted effort to keep all development activities at the furthest distance from existing
residential areas as possible. There is also a continuous line of vegetative screening proposed to
separate the proposed rezoning area from the existing residential development.
Recommendation:
Based on the information provided by the applicant in the initial application and further analysis by Staff,
we believe that there has been adequate evidence submitted to meet the various criteria that would
support the application of a Rural Business floating zone to the subject area.
Respectfully ubmitted,
Jill Baker
Chief Planner
11
County
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING LAND PRESERVATION FOREST CONSERVATION GIS
October 30, 2017
APPLICATION FOR MAP AMENDMENT
PLANNING COMMISSION RECOMMENDATION
Property owner(s):
Applicant(s):
Location:
Election District:
Comprehensive Plan Designation
Zoning Map:
Parcel(s):
Acreage:
Existing Zoning:
Requested Zoning:
Date of Public Meeting:
RECOMMENDATION
RZ-17-005
Richard and Rhonda Mummert
BSM Big Pool, LLC (Contract purchaser)
BSM Big Pool, LLC
Northwest side of Ernstville Road, adjacent to 1-70 eastbound exit
ramp #12
#15 — Indian Springs
Environmental Conservation
45
Parcel 33
9.73 acres (2.24 acres proposed for RB)
Environmental Conservation
RB - Rural Business floating zone
September 25, 2017
The Washington County Planning Commission took action at its regular meeting held on Monday, October 2,
2017 to recommend approval of Map Amendment RZ-17-005 to the Board of County Commissioners. The
Commission considered the application, the supporting documentation submitted with the application, and the
applicant's presentation during the public rezoning information meeting. The Commission also considered the
Staff Report and Analysis, verbal comments of interested parties provided during the public rezoning
information meeting, written comments received by the Department of Planning & Zoning, and the specific
items for consideration of Section 5E.6.c in the Zoning Ordinance. It is the Planning Commission's opinion
that the application meets the criteria set forth in Section 5E4.b of the County's Zoning Ordinance to establish
the RB district in this location.
Copies of the application, Staff Report and Analysis, written comments, unapproved minutes of the September
25, 2017 public rezoning meeting and the October 2, 2017 regular meeting are attached.
Respectfully submitted,
Stephen T. Goodrich, Director
Washington County Department of
Planning & Zoning
JLB/STG/dse
Attachments
cc: Zachary Kieffer, Divelbiss & Wilkinson
Kirk Downey
120 West Washington Street, 2°d Floor Hagerstown, MD 21740 240.313.2430 240.313.2431 7-1-1
WWW.WASHCO-MD.NET
Open Session Item
SUBJECT: Consensus Discussion for Text Amendment – RZ-17-007
PRESENTATION DATE: January 16, 2018
PRESENTATION BY: Jill Baker, Chief Planner, Washington County Department
of Planning and Zoning
RECOMMENDED MOTION: Consensus on changes to the proposed text amendments.
REPORT-IN-BRIEF: Application has been made to amend portions of the Washington
County Zoning Ordinance included in Articles 3, 5A, 5B, 5C, 7A, 8, 9, 10, and 28A. The
purpose of the amendments is to correct, clarify, and add new language related to boarding
facilities, tourist homes, boarding and rooming houses, bed and breakfasts, country inns, and
banquet/event facilities. One person spoke in favor of the amendments and one person spoke in
opposition to the amendments during the public hearing. Staff has also received written
comments from one person in favor of the amendment and three people in opposition to the
request.
DISCUSSION: Detailed discussion of the amendments can be found in the Staff Report
and Analysis dated September 8, 2017.
FISCAL IMPACT: None
ALTERNATIVES: N/A
ATTACHMENTS: Staff Report and Analysis dated September 8, 2017
Proposed text amendments
Planning Commission Recommendation dated October 19, 2017
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
October 19, 2017 RZ-17-007
APPLICATION FOR TEXT AMENDMENT
PLANNING COMMISSION RECOMMENDATION
Articles: 3, 5A, 5B, 5C, 7A, 8, 9, 10, 28A
RECOMMENDATION
On October 2, 2017, the Planning Commission held a public rezoning information meeting to consider text
amendments to Articles 3, 5A, 5B, 5C, 7A, 8, 9, 10, and 28A of the Washington County Zoning Ordinance to
correct, clarify and add new language related to boarding facilities, tourist homes, boarding and rooming
homes, bed and breakfasts, country inns, and banquet/event facilities. Following a staff summary of the
purpose and effects of the proposed amendments, one person spoke in favor of the proposed changes
during the public information meeting and submitted written comments. The Washington County Planning
Commission took action at its regular meeting held on Monday, October 2, 2017 to recommend approval of
Text Amendment RZ-17-007 to the Board of County Commissioners.
Copies of the application, the Staff Report and Analysis, public comments received by the Department of
Planning & Zoning, unapproved minutes of the September 25, 2017 public information meeting, and
unapproved minutes of the October 2, 2017 regular meeting are attached.
Respectfully submitted,
Stephen T. Goodrich, Director
Washington County Department of
Planning & Zoning
JLB/STG/dse
Attachments
cc: Kirk Downey
file
k Washington County
WASHINGTON COUNTY PLANNING COMMISSION
ORDINANCE TEXT AMENDMENT APPLICATION
Washington County Dept. of Planning & Zoning
Applicant
100 W. Washington Street, Suite 2600, Hagerstown
Address
Primary Contact
Address
❑ Adequate Public Facilities Ordinance
❑ Forest Conservation Ordinance
❑ Subdivision Ordinance
❑ Solid Waste Plan
Section No. Articles 3, 5A, 5B, 5C, 7A, 8, 9, 10, 28A
FOR PLANNING COMMISSION USE ONLY
Rezoning No. RZ-17-007
Date Filed: July 12, 2017
❑Property Owner ❑Contract Purchaser
❑Attorney ❑Consultant
❑Other:
Phone Number
E-mail Address
❑ Water and Sewer Plan
A Zoning Ordinance
❑ Other
Please provide the proposed text on a separate sheet of paper as follows: strike -through
should be used for deletions [delptieps], unchanged wording in regular type, and new wording
should be underlined [new wording].
Subscribed and sworn before me this
My commission expires on
Applicant's Signature
day of 20
Notary Public
FOR PLANNING COMMISSION USE ONLY
❑ Application Form ❑ Proposed Text Changes
❑ Fee Worksheet ❑ 30 copies of complete Application
❑ Application Fee
RZ-17-007
PROPOSED TEXT AMENDMENTS FOR PUBLIC HEARING
ACCOMMODATION FACILITIES AND EVENT FACILTIES
(1) ARTICLE 3 – DISTRICTS ESTABLISHED; ZONING MAPS, DISTRICT BOUNDARIES;
LAND USE REGULATIONS (RURAL AREA USES)
Section 3.3 (1) Table of Land Use Regulations
A(R)-Agriculture (Rural)
EC – Environmental Conservation
P – Preservation
RV – Rural Village
RB – Rural Business
IM – Industrial Mineral
Table No. 3.3(1)
TABLE OF LAND USE REGULATIONS
(RURAL AREA USES)
LAND USES A(R) EC P RV RB IM
B. Accommodations and Food Services
(2) ARTICLE 5A – “A(R)” AGRICULTURE (RURAL) DISTRICT
Section 5A.6 Non-Residential Lot Size and Bulk Dimensions (not covered in Rural Business)
(3) ARTICLE 5B – “EC” ENVIRONMENTAL CONSERVATION DISTRICT
Section 5B.6 Non-Residential Lot Size and Bulk Dimensions (not covered in Rural Business)
(4) ARTICLE 5C – “P” PRESERVATION DISTRICT
Section 5C.6 Non-Residential Lot Size and Bulk Dimensions (not covered in Rural Business)
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(5) ARTICLE 7A – “RT” RESIDENTIAL, TRANSITION DISTRICT
Section 7A.2 Special Exception Uses
(e) Bed and Breakfast; up to five (5) guest rooms
(f) Board or Rooming Homes
(g) Banquet/Reception Facilities
Section 7A.3 Accessory Uses
(e) The keeping of not more than four (4) roomers or boarders by a resident family.
Section 7A.5(a) Lot Area, Lot Width, and Yard Setback Requirements
Area Width per Family Yard
Depth
(Width
each side
Depth
(6) ARTICLE 8 – “RS” RESIDENTIAL, SUBURBAN DISTRICT
Section 8.2 Special Exception Uses
(a) Boarding or Rooming houses or tourist homes
(j) Banquet/Reception Facilities
Section 8.3 Accessory Uses
(a) Accessory buildings or uses customarily incidental to any principal permitted use or
authorized conditional use.
(b) Keeping of roomers or tourists by a resident family.
(c)(b) Swimming pools, tennis and other similar courts when accessory to a residence.
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Section 8.5(a) Lot Area, Lot Width, and Yard Setback Requirements
Area Width per Yard (Width each Depth
(7) ARTICLE 9 – “RU” RESIDENTIAL, URBAN DISTRICT
Section 9.2 Special Exception Uses
(b) Boarding or rooming houses or tourist homes
(i) Bed and Breakfast; up to five (5) guest rooms
(j) Banquet/Reception Facilities
Section 9.5 Lot Area, Lot Width and Yard Setback Requirements
Width per
Family
Yard
Depth
(Width
each side
Yard
Depth
(8) ARTICLE 10 – “RM” RESIDENTIAL MULTI-FAMILY
Section 10.2 Special Exception Uses
(a) Boarding or rooming houses or tourist homes
(k) Banquet/Reception Facilities
Section 10.5 Lot Area, Lot Width, and Density Requirements
Area Width Area
per
Yard
Depth
(Width
each side
Yard
Depth
Density
(9) ARTICLE 28A DEFINITIONS
Banquet/Reception Facilities:
Commercial establishment engaged in the provision of meeting or congregation facilities for
special events such as weddings, parties, public meetings, and social gatherings. Such
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facilities may or may not include on-site catering services. Restaurants are not included as part
of this definition. Such uses may be accessory when associated with hotels, motels, or resorts.
Bed and Breakfast:
An owner occupied residential structure providing rooms for temporary, overnight lodging, with
or without meals, for paying guests. Such uses shall be limited to no more than five (5) guest
rooms. A bed and breakfast may be an accessory use when located within the principle
structure in the A, EC, P, and RV districts.
Boarding House:
A private dwelling unit or part thereof in which for compensation, ; lodging and possibly meals
are provided to no more than four (4) roomers/boarders by a resident family. Rooms are offered
on a single room occupancy basis and sanitary facilities may be shared. A common cooking
area may be provided. Lodging is provided on no less than a month-to-month basis.
Country Inn:
A structure located outside of a designated growth area in which overnight or otherwise
temporary lodging and meals are provided in exchange for compensation, to transient guests in
not more than ten (10) guest rooms, and may include: banquet/reception facilities, catering for
on-site events, and meeting rooms. Restaurants are not included as part of this definition.
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Washington County
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING LAND PRESERVATION FOREST CONSERVATION � GIS
RZ-17-007 September 8, 2017
WASHINGTON COUNTY ZONING ORDINANCE
TEXT AMENDMENT
STAFF REPORT AND ANALYSIS
ARTICLES 3, 5A, 5B, 5C, 7A, 8, 9,10, 28A
Proposal: Application is being made to amend several sections of the Zoning Ordinance to correct and
clarify language related to boarding facilities and event facilities.
Staff Report: The purpose of these amendments is to better clarify the varying types of boarding
facilities in the County and provide more opportunities for the establishment of event facilities in the Urban
Area.
Through the evolution of the Zoning Ordinance there have been many terms given to the issue of
boarding of non -family members. Current terms in the Ordinance include boarding houses, rooming
homes, tourist homes, bed and breakfast, etc. While generally having the same purpose, there are subtle
differences that can mean a difference in intensities. There are differences between location, ownership,
and number of renters. The purpose of these amendments is to better clarify and define the different
intensities.
Also, there has been an increasing demand for "unconventional' wedding and reception facilities
throughout the County. With this, there has been interest shown in allowing these types of facilities not
just in the rural areas of the County but also in the urban areas. The purpose of the amendments relating
to event facilities is to prove more opportunity for these types of uses in the growth areas.
Analysis: There are two general categories of amendments being proposed as part of this application.
A brief outline of each amendment is listed below.
A) The first set of amendments proposed as part of this application relates to the various types of
boarding facilities uses currently outlined in the Zoning Ordinance. Since the inception of the
Ordinance in 1973, there have been opportunities for private residences to "board" or "room" non -
family members in their home for compensation. This amendment seeks to continue these uses
but use more modern terms and clarify the different levels of intensity so that citizens can have a
clear expectation of the various types of boarding facilities.
To begin analyzing these amendments, it is important to understand that boarding facilities, while
being similar in the type of use, can have varying degrees of intensity and therefore varying
impacts on neighboring properties and infrastructure. To define different levels of intensity, Staff
looked specifically at three variables: 1) owner occupied vs. non -owner occupied; 2) duration of
stay; and 3) number of rooms available for boarders.
Past experience has provided evidence that owner occupied structures vs. non -owner occupied
structures have a tendency to receive more care and attention both from a visual standpoint as
well as from a social aspect. People are more apt to be considerate of their neighbor if they have
to live there and see them every day. So from this perspective it is at least perceived by most
people that owner occupied structures are less objectionable than non -owner occupied.
120 West Washington Street, 211 Floor I Hagerstown, MD 21740 2 Pa 240.313.2430 u 240.313.24310 TD 0: 7-1-1
WWWWASHCO-MD.NET
Staff Report & Analysis
RZ-17-007 — Text Amendment
Page 2
Duration of stay is a more subjective qualifier than the other two intensity factors. It is generally a
function of the other two factors put together. Length of stay can depend on the number of rooms
available and whether or not the structure is owner or non -owner occupied.
The number of rooms available for boarding is probably the most definitive way we can measure
intensity. The more rooms available means more traffic, more parking, and in general more
overall impact on our infrastructure.
Currently the Zoning Ordinance has three different terms that basically mean the same thing:
boarding house, rooming house, and tourist house. In addition, some districts in the Ordinance
also allow for "the keeping of not more than four (4) roomers or boarders by a resident family".
The subtle differences between these terms are whether or not they are owner occupied and the
number of occupants permitted. The current definition of a boarding house does not require the
dwelling to be owner occupied nor does it limit the number of occupants, while the keeping of
roomers and boarders use is explicit that the dwelling be owner occupied and it is limited to 4
roomers or boarders.
Staff is proposing to clarify this issue by combining all of these uses into one term, "boarding
house", and modifying the definition to include a limit on the number of boarders, a defined
duration of stay, and a statement that the dwelling be owner occupied. There are several
reasons for this change. First, the current terminology is confusing and conflicting. By combining
all of these terms it simplifies the intent of the use and gives all citizens an expectation of
intensity. Second, there are currently no definitions for roomer or tourist homes in the ordinance.
Tourist home in and of itself is a dated term that no longer applies to most jurisdictions so these
changes are modernizing our Ordinance. Lastly, while some people are seeking ways to gain
more income, these changes provide that opportunity while still protecting the intent of a
residential neighborhood to be residential not commercial.
The next set of changes relating to boarding facilities is the Bed and Breakfast use. Currently,
the Zoning Ordinance includes in the definition of a Bed and Breakfast that they can be
considered an accessory use in the AR, EC, P, and RV zoning districts. However, in the Table of
Land Use Regulations for the Rural Area, Bed and Breakfast is listed as a Special Exception use
in the AR, EC, P and RV districts. To rectify this conflict, the definition of Bed and Breakfast is
being changed to eliminate the language stating that it is an accessory use in specified districts.
The Table of Land Use Regulations is therefore being changed to allow the use as an accessory
use rather than a special exception use. Also being changed to the definition of a B&B is adding
a definitive number or rooms that are permitted. Similar to the boarding homes, adding a defined
number of rooms provides an expectation of intensity by neighbors. The five room limit was
chosen to coincide with the Building code regulations for sprinkler systems. Any structure with
more than 5 guest rooms is considered a commercial use and therefore requires a sprinkler
system be installed. This provides a consistent breaking point between local Ordinances that
define residential from commercial uses.
The final set of changes relating to boarding facilities is the addition of a new use called "Country
Inns". The purpose of this addition is two -fold. First, Staff felt that there is a potential demand for
larger homes in the Rural Areas of the County to accommodate more than the 5 room limitation of
a bed and breakfast. Also, the requirement of boarding facilities being owner occupied could be
difficult for those who want to run a small business but not live there. Lastly, as stated previously,
the building code limits the number of guest rooms to 5 before sprinkler systems must be
installed. For those individuals who wanted to accommodate slightly more rooms they would not
be able to justify the additional cost of a sprinkler system.
There has always been the stated desire to promote more tourism related businesses in the
County; however, there is also a balance that needs to be struck between promoting the rural
nature of the County with small commercial businesses and overrunning the rural area with
Staff Report & Analysis
RZ-17-007 — Text Amendment
Page 3
consideration, Staff concluded that 10 rooms seemed to be a good fit for the rural areas of the
County. This would allow double the capacity of a typical B&B but still remain small enough to fit
into the character of the rural areas of the County. Therefore, the new definition for a Country Inn
provides for the installation of up to 10 rooms and does not require that the residence be owner
occupied.
B) The other set of amendments included in this case are related to the location of banquet and
reception facilities. Currently the Zoning Ordinance allows for these types of venues to occur as
a special exception use in the rural areas as well as principal permitted uses in the commercial
districts.
It has been brought to our attention that there may be other areas within the County, specifically
within the growth areas, that may also be suitable for these types of uses. As "unconventional'
reception facilities are gaining in popularity, the County has sought to allow property owners to
capitalize on these opportunities by recently including language into the Zoning Ordinance to
define these uses and provide locations where these types of facilities should be located.
Recently there have been inquiries into allowing reception facilities to be located in residential
zoning districts inside established growth area boundaries. At first glance it seems illogical and
contrary to all our local land use policies to allow fairly intense commercial uses such as reception
facilities in residential areas.
After further review, however, there are unique areas within the Urban Growth Area that may
provide opportunities for reception facilities without disturbing the residential nature of an area.
Many of these locations are distinguished as being part of an old farm that has since developed
over time. These areas typically have larger lot sizes and still contain the original farmhouse and
some of the accompanying out buildings such as barns, spring houses, milking parlors, etc.
These unique areas provide historic context to the urbanization of the County and how agriculture
is still a strong economic driver in the County.
Therefore, Staff has concluded that some of these areas may be appropriate for reception type
uses even though the property may be zoned residentially. There are a few characteristics that
provide a similar pattern of where these types of uses may be permitted. First, the property
should be at least 5 acres in size. This provides buffer areas for neighboring residential uses and
helps limit use conflicts. Also, Staff is proposing larger setbacks and lot widths for properties
wishing to establish this type of use. Again, the purpose is to provide distance between
incompatible uses. Lastly, Staff is recommending that reception facilities only be permitted by
special exception use. This ensures that new reception facilities go through a public hearing
process whereby neighbors may express their concerns and opinions about the new use. It also
provides the opportunity for additional restrictions on the property relating to hours of operation,
landscaping, screening, etc. to minimize potential conflicts.
Staff Recommendation: Based upon feedback and comments from other government agencies,
developers, property owners, and the general public, Staff recommends approval of these amendments in
order to provide consistent implementation of our land use policies and regulations.
Re pectfully, ubmitted,
Jill L. Baker
Chief Planner
Open Session Item
SUBJECT: Contract Award (PUR-1369) – Web Site Design, Development and Build Services
PRESENTATION DATE: January 16, 2018
PRESENTATION BY: Rick Curry, CPPO – Director of Purchasing, Danielle Crabb – Director
of Public Relations & Marketing, and Lauren Pogue – Marketing Specialist
RECOMMENDED MOTION: Move to award the contract for providing Web Site Design,
Development, and Build Services and for all other related work to the recommended vendor.
REPORT-IN-BRIEF: Attached is an excerpt from the Request for Proposal (RFP) document of
the “Scope of Services” to be rendered under this contract. The RFP was advertised locally in the
newspaper and on the County’s web site, as well as on the State’s “eMaryland Marketplace” web
site. One hundred sixty-nine (169) persons/companies registered/downloaded the RFP document
on-line. The following persons served as members on the Coordinating Committee: Director of
Information Systems (Committee Chairman Designee), Director of Purchasing, Deputy Director
of Information Systems, Chief of Design – Engineering, Marketing Specialist, IT Services
Specialist II, and Communications Coordinator.
Six (6) firms were represented at the pre-proposal conference. Twenty-three (23) proposals were
received for the subject services. Qualifications & Experience/Technical Proposals of four (4)
firms were considered to be responsive, and as result the Price Proposal of the firms were opened
and interviews were held with three (3) of the firm’s team, evaluated, and an award recommended
herein.
DISCUSSION: N/A
FISCAL IMPACT: Capital Improvement Plan (CIP) account No. 30-10310-COM029 will be
utilized to cover costs.
CONCURRENCES: As unanimously recommended by the Coordinating Committee that
included the Directors from Division of Information System, Director of Purchasing, Chief of
Design – Engineering, Marketing Specialist, IT Services Specialist II, and Communications
Coordinator.
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
SUBJECT: Maryland Theatre Request
PRESENTATION DATE: Tuesday January 16, 2018
PRESENTATION BY: Robert Slocum, County Administrator
RECOMMENDED MOTION: Motion to be determined
REPORT-IN-BRIEF: The Maryland Theatre (Theatre) first presented a grant
request to the City of Hagerstown Mayor and Council (City) and Washington County Board of
County Commissioners (County) in an October 10, 2017 joint session meeting. The Theatre
presented a December 17, 2017 letter to the County on December 19, 2017 in a regularly
scheduled meeting. The purpose of this presentation is to seek consensus upon a response to the
Theatre’s request. The County Administrator is an ex officio member of the Theatre board.
DISCUSSION:
Request One:
The City and County to grant $3 Million “allocated between the City and County
as you deem necessary.”
Background:
a. The County has a longstanding commitment of $4.5 Million to the Urban
Improvement Project (UIP).
b. $500,000 of the same $4.5 Million has long been obligated to the Theatre
design, which is now nearly complete and ready for bid.
c. The County is administering in kind procurement and inspection for the
Theatre to the project. The in kind services will help to ensure the grant
funding criteria are met and state grant reimbursement received. The value of
in kind services may be roughly approximated at $250,000 for staff time and
ancillary expenses.
d. $4 Million of the same $4.5 Million is committed under the UIP
Memorandum of Understanding (MOU) as follows “Continue to fund the $4
million to fund half of the planning and design work inclusive of demolition
for the Board of Education component (BOE) of the Urban Education Campus
(UEC). The remaining amount will be released as needed during the
construction completion.”
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
e. The BOE has received additional state funding and is now planning a fifth
story to the Barbara Ingram School for the Arts (BISFA) building, since the
MOU was executed.
f. The BOE will receive bids upon the BISFA building in the spring of 2018.
The building construction may require less match from the BOE and County
than the maximum allowed under the UIP MOU.
g. Upon receipt of the BISFA building bids, BOE and/or staff will advise the
County and/or staff of the matching funds required under the UIP MOU.
Recommendation:
Upon receipt of the match required by the BOE, the County consider the
remaining funds, if any, for the Theatre, up to $2.0 Million.
Request Two:
The County forward fund $5 Million committed to the Theatre from the
Governor’s funding, in the form of a Capital Projects Grant Agreement.
Background:
a. The Governor committed a total of $7.5 Million over five years for the UIP.
The funding is scheduled in the state budget through Fiscal Year 2022.
b. The Theatre portion of the Governor’s funding will be available in fiscal years
2021 and 2022.
c. In addition to $5 Million to the Theatre, $2.5 Million of the above has been
dedicated to the Board of Education.
d. The County will administer the Theatre’s portion of the Governor’s funding.
e. Per the Capital Projects Grant Agreement approved by the County,
reimbursement of the Governor’s funding will be submitted directly to the
County.
Recommendation:
The County commit to the request immediately. Release of funds consistent with
the sub recipient agreement will be pending a satisfactory review of the Theatre
project budget, to include all funding sources, by the County prior to
advertisement and post bid.
Request Three:
“Work in collaboration with the local banks to each fund 50% of the private
pledges raised by the Maryland Theatre. This amount is currently projected to be
$2 million…Private Pledges are being paid over a five-year period”
Background:
a. The Theatre has collaborated with private lending institutions to finance
private contribution commitments such that pending commitments are
available to advertise the project.
b. The current Board has not forward funded private campaigns. Nor is the
County in a position to collaborate with private lending institutions for a third
party project.
Recommendation:
While it is understood that the private funding campaign will meet success, the
County is not prepared nor secured to participate in the funding of private
campaign contributions.
FISCAL IMPACT: The recommendations above will have no fiscal impact, beyond
the MOU in place.
CONCURRENCES:
ALTERNATIVES: Any combination, modification, or rejection of the above
recommendations
ATTACHMENTS: None
AUDIO/VISUAL: None