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Home My WebLink About180213a 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 February 13, 2018 Agenda 10:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER, President Terry L. Baker APPROVAL OF MINUTES – FEBRUARY 6, 2018 10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS 10:10 A.M. REPORTS FROM COUNTY STAFF 10:15 A.M. CITIZENS PARTICIPATION 10:20 A.M. BROOKS L. AND KATHERINE L. LONG CONSERVATION RESERVE ENHANCEMENT PROGRAM – Chris Boggs, Land Preservation Planner, Planning and Zoning 10:25 A.M. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF TWO VEHICLES FOR PUBLIC WORKS/PARKS AND FACILITIES - Brandi Naugle, Buyer, Purchasing; John Pennesi, Deputy Director, Public Works/Parks and Facilities 10:30 A.M. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF TWO POLICE INTERCEPTOR UTILITY VEHICLES FOR EMERGENCY SERVICES Brandi Naugle, Buyer, Purchasing; David Hays, Director, Tom Brown, Emergency Management Specialist, Emergency Services 10:35 A.M. CONTRACT AWARD – SOLE SOURCE PROCUREMENT TECHNICAL SERVICE SUPPORT AGREEMENT FOR EMERGENCY SERVICES AND HEALTH AND HUMAN SERVICES - Brandi Naugle, Buyer, Purchasing; David Hays, Director, Emergency Services; Brian Overcash, Safety Administrator, Health and Human Services 10:40 A.M. APPALACHIAN REGIONAL COMMISSION GRANT FOR COUNTY WEBSITE ENHANCEMENTS - Susan Buchanan, Director, Grant Management; Lauren Pogue, Communications Coordinator 10:45 A.M. DELIBERATION/DECISION ON ZONING MAP AMENDMENT RZ-17-003 Travis Allen, Comprehensive Planner, Planning and Zoning 10:55 A.M. CONSTRUCTION BID AWARD – PAVEMENT MAINTENANCE AND REHABILITATION PROGRAM FOR FISCAL YEAR 2018 Scott Hobbs, Director, Engineering (continued on second page) Terry L. Baker, 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. 11:00 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; and to consider a matter that concerns the proposal for a business or industrial organization to locate, expand or remain in the State.) 11:15 A.M. ADJOURNMENT Open Session Item SUBJECT: Brooks L. and Katherine L. Long Conservation Reserve Enhancement Program (CREP) Easement PRESENTATION DATE: February 13, 2018 PRESENTATION BY: Chris Boggs, Land Preservation Planner, Dept. of Planning & Zoning RECOMMENDED MOTION: Move to approve the Long farm CREP Easement project, in the amount of $48,084.00 on 20.00 easement acres, paid for 100% by the Maryland Department of Natural Resources, and to adopt an ordinance approving the easement purchase and to authorize the execution of the necessary documentation to finalize the easement purchase. REPORT-IN-BRIEF: The Long property is located at 16140 Spielman Road, Williamsport. The CREP easement will protect 20 acres of stream buffer and pasture on the property, which contains 0.83 acres of forest and 19.17 acres of pastureland. It will also serve to buffer 632 linear feet of a Potomac River tributary on the property. The entire project area will be protected by CREP easement language and the owner will be compensated with funding from the CREP program. The farm is located just south of the Town of Williamsport and is part of a large block of Agricultural Land Preservation Districts. One (1) development right associated with this property will be extinguished by the easement. Since 2010, Washington County has been funded to purchase CREP easements on 840 acres of land. The main focus of the program is to protect water quality by removing marginal agricultural land from production and replacing it with best management practices including riparian buffers, stabilization of highly erodible soils, and restoration of wetlands. Landowners who currently hold a 15-year CREP contract voluntarily agree to sell a conservation easement in perpetuity. The CREP easement program is administered by the Land Acquisition and Planning Unit of the MD Department of Natural Resources and is funded from Program Open Space funds. The completed recorded easements are held jointly by the County and DNR. DISCUSSION: For FY2018, the State of Maryland is awarding CREP grants to eligible properties on a project-by-project basis. The Long CREP Easement uses this funding. Easement applicants are chosen from those who are already enrolled in a 15-year CREP Contract. FISCAL IMPACT: CREP funds are 100% State dollars, mainly from DNR Open Space funds. In addition to the easement funds to the property owner, the County will receive up to 3% of the easement value for administrative costs, a mandatory 1.5% for compliance/monitoring costs, and funds to cover all of our legal/settlement costs. Board of County Commissioners of Washington County, Maryland Agenda Report Form CONCURRENCES: Department of Natural Resources (DNR) staff has approved and supports our program. A final money allocation will be approved by the State Board of Public Works. ALTERNATIVES: If Washington County rejects State funds for CREP, the funds will be allocated to other counties in Maryland. ATTACHMENTS: Aerial Map, Location Map, Ordinance AUDIO/VISUAL NEEDS: N/A 0.2 7ac 18.18ac 1.5 5ac MD iMAP, DoIT Long, B rooks L. and Katherine L. CREP 0 0.025 0.05 0.075Miles WARNING!: Th is ma p is for internal use b y the Washing to n Coun ty Plan ning Depa rtment. It is not fo rgeneral distribution to the public, and should not be scaled or copied. Sources of the data contained hereonare fro m variou s pub lic ag encie s which may ha ve use restrictio ns and d isclaimers The parcel lines shown on this map are derived from a variety of sources which have their own accuracystandards. The pa rcel lines a re ap pro ximate and for informatio nal p urpose s ONLY. The y are n ot gu aranteedby Washington County Maryland or the Maryland Department of Assessments and Taxations to be free oferrors including errors of omission, commission, positional accuracy or any attributes associated with realproperty. They shall not be copied, reproduced or scaled in any way without the express prior writtenapproval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replacean accurate survey by a licensed professional and information shall be verified using the relevant deeds,pla ts a nd other recorded lega l do cumen ts b y th e u ser. 0 100 200 300 400 500Feet Printed: Thursday, January 18, 2018 Printed by: cboggs Prop erty Boundary CREP C ontra ct Area - 1.82ac CREP Match Area - 18.18ac 16140 Spielman RoadWilliamsport, MD 21795 ® TRIBUTARY Williamsport Williamsport SPIELMAN RD LAPPANS RD DOWNSVILLE PIKE NATURAL WELL RD INTERSTATE 81 KENDLE RD HAWKS LANDING LN WILKES CIRINTERSTATE 81 Long, B rooks L. and Katherine L. CREP 0 0.25 0.5 0.75Miles WARNING!: Th is ma p is for internal use b y the Washing to n Coun ty Plan ning Depa rtment. It is not fo rgeneral distribution to the public, and should not be scaled or copied. Sources of the data contained hereonare fro m variou s pub lic ag encie s which may ha ve use restrictio ns and d isclaimers The parcel lines shown on this map are derived from a variety of sources which have their own accuracystandards. The pa rcel lines a re ap pro ximate and for informatio nal p urpose s ONLY. The y are n ot gu aranteedby Washington County Maryland or the Maryland Department of Assessments and Taxations to be free oferrors including errors of omission, commission, positional accuracy or any attributes associated with realproperty. They shall not be copied, reproduced or scaled in any way without the express prior writtenapproval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replacean accurate survey by a licensed professional and information shall be verified using the relevant deeds,pla ts a nd other recorded lega l do cumen ts b y th e u ser. 0 990 1,980 2,970 3,960 4,950Feet Printed: Wednesday, January 17, 2018 Printed by: cboggs Prop erty Boundary 16140 Spielman RoadWilliamsport, MD 21795 FederalScenicEasements Lanhar dtDistrict HersheyDistrict BurgerDistrict PalmerDistrict Sc ott D istr ict FederalScenicEasements Izer Districts HarshmanMALPP Esmt HayesMALPP Esmt Coffman MALPP Esmt UGA Boundary ® ORDINANCE NO. ORD-2018-___ AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION EASEMENT UNDER THE MARYLAND CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) (Re: Long CREP Easement) RECITALS 1. The Maryland Conservation Reserve Enhancement Program ("CREP") is a federal-State natural resources conservation program that addresses state and nationally significant agricultural related environmental concerns related to agriculture. 2. CREP provides financial incentives to program participants to voluntarily remove cropland and marginal pastureland from agricultural production in order to improve, protect, and enhance water quality in the Chesapeake Bay watershed and replacing it with the best management practices including establishment of riparian buffers, grass plantings, forbs, shrubs and trees, stabilization of highly erodible soils, habitat restoration for plant and animal species, and restoration of wetlands. 3. Protection is provided through the acquisition of easements and fee estates from willing landowners currently holding a fifteen (15) year CREP contract and the supporting activities of CREP Sponsors and local governments. 4. For FY2018, the State of Maryland (“State”) is awarding CREP grants to eligible Counties (the "CREP Funds"). 5. Brooks and Katherine Long are the owners of real property consisting of 20 acres, more or less, (the "Property") in Washington County, Maryland. The Property is more particularly described on Exhibit A attached hereto. 6. The County has agreed to pay the approximate sum of FORTY-EIGHT THOUSAND, EIGHTY-FOUR DOLLARS AND NO CENTS ($48,084.00), which is a portion of the CREP Funds, to the Property Owner for a Deed of Conservation Easement on the Property (the "Long CREP Easement"). THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland that the purchase of the Long CREP Easement is approved and that the President of the Board and the County Clerk be and are hereby authorized and directed to execute and attest, respectively, all such documents for and on behalf of the County relating to the purchase of the Long CREP Easement. ADOPTED this ____ day of February, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND __________________________ BY: Vicki C. Lumm, Clerk Terry L. Baker, President Approved as to legal sufficiency: Mail to: _____________________________ Office of the County Attorney John M. Martirano 100 W. Washington Street, Suite 1101 County Attorney Hagerstown, MD 21740 I:\Documents\Planning\CREP Easements\LONG CREP Easement\ORD\Long Ordinance.docx EXHIBIT A--DESCRIPTION OF EASEMENT AREA All those tracts, lots, or parcels of land, and all the rights, ways, privileges and appurtenances thereunto belonging or in anywise appertaining, situate in Election District No. 20, Washington County, Maryland, being part of the property identified by the State Department of Assessments and Taxation as tax account no. 20-004576, and being indicated as “CREP CONTRACT EASEMENT AREA” or “CREP MATCH EASEMENT AREA” on the plat prepared by Triad Engineering, Inc., dated December 15, 2017, and entitled “CREP EASEMENT PLAT UPON THE LANDS OF BROOKS LAWRENCE LONG AND KATHERINE LYNN LONG,” recorded on January 14, 2018 as Miscellaneous Plat Number 725 among the Plat Records of Washington County, Maryland. BEING part of the same property which was conveyed from Brenda L. Shane and Rebecca L. Jackson, Personal Representatives of the Estate of Hazel Lucille Long, to Brooks Lawrence Long and Katherine Lynn Long, his wife, by Deed dated June 14, 2016 and recorded in Liber 5252, folio 497 among the Land Records of Washington County, Maryland. Open Session Item SUBJECT: Intergovernmental Cooperative Purchase (INGT-18-002) – Two (2) 2018 Ford F350 Extended Cab Pickups for Parks & Facilities PRESENTATION DATE: February 13, 2018 PRESENTATION BY: Brandi Naugle, CPPB, Buyer - Purchasing Department, John Pennesi, Deputy Director - Public Works/Parks and Facilities RECOMMENDED MOTION: Move to authorize by Resolution, Parks and Facilities to purchase two (2) - 2018 Ford F350 Extended Cab, four-wheel drive pickup trucks from Hertrich Fleet of Milford, DE; the cost of each truck being $39,150.00 for the total amount of $78,300.00 and to utilize another jurisdiction’s contract (#001B8400168) that was awarded by the State of Maryland Department of General Services Office of Procurement and Logistics statewide contract for Light Duty Trucks. REPORT-IN-BRIEF: 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 State of Maryland Department of General Services Office of Procurement and Logistics 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 State of Maryland’s 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 FISCAL IMPACT: Funds are budgeted in the Parks & Facilities’ Capital Improvement Plan (CIP) account (VEH008) in the amount of $101,658.00. CONCURRENCES: Jim Sterling, Director of Public Works Board of County Commissioners of Washington County, Maryland Agenda Report Form 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 vehicles. ATTACHMENTS: Hertrich Fleet Quote AUDIO/VISUAL NEEDS: N/A H RTRICH FLEET SERVICES, INC 1427 Bay Road Milford, DE 19963 Ford - Chevrolet - Dodge - Jeep Lincoln - Honda - Buick - GMC - Toyota - Nissan “A Member of the HeRTRICH Family of Automobile Dealerships” (800) 698-9825 (302) 422-3300 Fax: (302) 839-0555 January 12, 2018 Washington County, Maryland I am pleased to provide a quote on a 2018 Ford F350 Extended Cab, priced per State of MD BPO #001B8400168 and equipped as follows: 2018 Ford F350 - Base Price Regular Cab 2WD Total per Vehicle $39,150 Total per Vehicle $78,300 Please contact me with any question, changes or to place an order. Thank you and I look forward to hearing from you. Respectfully submitted, Chris Wilder Open Session Item SUBJECT: Intergovernmental Cooperative Purchase (INGT-18-003) – Two (2) 2018 Ford Police Interceptor Utility Vehicles for Division of Emergency Services PRESENTATION DATE: February 13, 2018 PRESENTATION BY: Brandi Naugle, CPPB, Buyer - Purchasing Department, David Hays, Director – Division of Emergency Services, and Tom Brown, Emergency Management Specialist – Division of Emergency Services RECOMMENDED MOTION: Move to authorize by Resolution, Division of Emergency Services to purchase two (2) - 2018 Ford Police Interceptor Utility vehicles, from Hertirch Fleet of Milford DE; the cost of each vehicle being 28,947.00 for the total amount of $57,894.00 and to utilize another jurisdiction’s contract (#001B8400177) that was awarded by the State of Maryland Department of General Services Office of Procurement and Logistics statewide contract for Vans and SUV’s. REPORT-IN-BRIEF: 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 State of Maryland Department of General Services Office of Procurement and Logistics 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 State of Maryland’s 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 FISCAL IMPACT: Funds have been allocated for Division of Emergency Services within grant 17EMPG (GRT007) in the amount of $81,292.00 Board of County Commissioners of Washington County, Maryland Agenda Report Form 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 vehicles. ATTACHMENTS: Hertrich Fleet Quote AUDIO/VISUAL NEEDS: N/A H RTRICH FLEET SERVICES, INC 1427 Bay Road Milford, DE 19963 Ford - Chevrolet - Dodge - Jeep Lincoln - Honda - Buick - GMC - Toyota - Nissan “A Member of the HeRTRICH Family of Automobile Dealerships” (800) 698-9825 (302) 422-3300 Fax: (302) 839-0555 January 23, 2018 Washington County Government Division of Emergency Services 16232 Elliott Parkway Williamsport, Maryland 21795 I am pleased to provide a quote on one new 2018 Ford Police Interceptor Utility, priced per the State of Maryland BPO #001B8400177, and equipped as follows: Total per Vehicle $28,947 Please contact me with any questions, changes or top place an order. I look forward to hearing from you. Respectfully submitted, Chris Wilder Open Session Item SUBJECT: Contract Award of (INGT-17-001) - Sole Source Procurement Technical Service Support Agreement for the Division of Emergency Services and Health and Human Services PRESENTATION DATE: February 13, 2018 PRESENTATION BY: Brandi Naugle, Buyer, CPPB – Purchasing Department, Dave Hays, Director - Division of Emergency Services, and Brian Overcash, Safety Administrator – Health and Human Services. RECOMMENDED MOTION: To authorize, the Division of Emergency Services and Human Resources to enter into a service agreement with Physio-Control, Inc., of Redmond, WA for the remaining duration of the State of Maryland contract #001B8400047; this contract expires July 1, 2020. REPORT-IN-BRIEF: The agreement covers various types of defibrillators that were purchased in the past utilizing a State of Maryland contract awarded to Physio-Control. The agreement provides on-site maintenance; which includes repair parts, materials, service technician labor, and travel expenses. Each defibrillator listed within the agreement will be on a scheduled inspection; which covers calibration, verification that the equipment is operating properly and output measurements are checked to ensure that the equipment is within specifications. If a unit fails upon inspection, the equipment will be removed from service to complete the repairs, an appropriate loaner unit will be provided. Following each repair and/or inspection, Physio-Control will provide a written report of action or recommendation and identification of any materials replaced or recommended for replacement. The request requires approval of four (4) of the five (5) Commissioners in order to proceed with a sole source procurement. The Code of Local Public Laws of Washington County, Maryland, Sections 1-106.2(a)(1) and (2) are applicable to this procurement. These sections state that a sole source procurement is permissible when: (1) Only one source exists that meets the County’s requirements, and (2) The compatibility of equipment, accessories, or replacement parts is the paramount consideration. If approved, the following steps of the process will occur as outlined by the law: 1) Not more than ten (10) days after the execution and approval of a contract under this section, the procurement agency shall publish notice of the award in a newspaper of general circulation in the County, and 2) An appropriate record of the sole source procurement shall be maintained as required. DISCUSSION: N/A FISCAL IMPACT: Funds have been allocated from the Division of Emergency Services account 515270-10-11520 and the Health and Human Services account 505120-10-10700 to cover the expense. Board of County Commissioners of Washington County, Maryland Agenda Report Form CONCURRENCES: Stephanie Stone, Director - Health and Human Services ALTERNATIVES: N/A ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Open Session Item SUBJECT: Appalachian Regional Commission Grant for County Website Enhancements– Approval to Submit Application PRESENTATION DATE: February 13, 2017 PRESENTATION BY: Susan Buchanan, Director, Office of Grant Management; Lauren Pogue, Marketing Specialist, Department of Public Relations and Marketing RECOMMENDED MOTION: Move to approve the submission of the grant application for county website enhancements to the Appalachian Regional Commission in the amount of $37,500 and accept funding as awarded. REPORT-IN-BRIEF: Washington County’s Department of Public Relations and Marketing has recently received approval to contract with a vendor to rebuild the current County website (www.washco-md.net). Within this project, the Public Relations and Marketing Department would like to create a sub-website for our Parks & Facilities and Recreation pages to increase tourism traffic to our community as well as generate revenue with an online store. The website will encourage visitors to visit the county’s numerous parks such as those along the Appalachian Trail, as well as participating in outdoor activities such as kayaking through Devil’s Backbone Park, or playing golf at Black Rock Golf Course. The site will also promote various Washington County branded merchandise for sale such as water bottles, golf balls, shirts. In addition, to promoting the various recreational activities available within the county, the website will be an economic development tool. When potential businesses and site selection companies consider locations, they visit those locations’ websites to gain information of the quality of life offered. Having an attractive and user-friendly site will boost visitors as well as driving search engine optimization. One of the Appalachian Regional Commission’s goals is to assist communities with utilizing existing natural assets to generate local and regional economic opportunities. This project is consistent with that goal. DISCUSSION: The Office of Grant Management has reviewed the grant proposal, grant funding guidelines, and budget. There is 50/50 matching requirement associated with the grant. The matching funds of $37,500 will be provided with Hotel Rental Tax funds. FISCAL IMPACT: The grant will provide $37,500 for website enhancement and will reduce the Hotel Rental Tax fund balance by $37,500. CONCURRENCES: Director, Department of Marketing and Public Relations Board of County Commissioners of Washington County, Maryland Agenda Report Form ALTERNATIVES: Deny approval of submission and award of requested funding. ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Open Session Item SUBJECT: Deliberation/Consensus Decision on Application for Zoning Map Amendment RZ-17-003, Downsville Pike Land LLC PRESENTATION DATE: February 13, 2018 PRESENTATION BY: Travis Allen, Comprehensive Planner, Washington County Department of Planning and Zoning RECOMMENDED MOTION: Discussion to reach consensus to approve or deny zoning map amendment request. REPORT-IN-BRIEF: RZ-17-003 is an application from property owners Downsville Pike Land LLC to rezone 2 parcels of land totaling 1.6 acres from Residential Suburban to Highway Interchange. The property is located in the southwest quadrant of the intersection of Downsville Pike (MD Rt. 632) and Halfway Boulevard. The Planning Commission held a public information meeting on September 25, 2017 and made a recommendation for approval on October 2, 2017. The County Commissioners held a public hearing on December 12, 2017. The Commissioners discussed the application on January 30, 2018 and deferred additional discussion and action to a future meeting. DISCUSSION: Refer to enclosed application, staff report, Planning Commission minutes and recommendation for detailed discussion of the proposed amendment. FISCAL IMPACT: None. ATTACHMENTS: Ordinance amendment application with justification statement and rezoning site maps. Staff Report and Analysis dated September 8, 2017 Planning Commission report and recommendation AUDIO/VISUAL NEEDS: Board of County Commissioners of Washington County, Maryland Agenda Report Form Washington County DEPARTMENT OF PLANNING & ZONING COMPREHENSIVE PLANNING 0 LAND PRESERVATION P FOREST CONSERVATION f 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-17-003 Downsville Pike Land, LLC Christopher R. Smith Northwest side of Downsville Pike, % mile north of 1-70 #26 - Halfway Low Density Residential 57 Parcel 210 and Parcel 408 1.60 acres (P. 210 —1.10 ac.; P. 408 - .50 ac.) RS — Residential Suburban HI — Highway Interchange 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-17-003 to the Board of County Commissioners. The Commission considered the applicant's claim that there was a mistake in the zoning of the property during the 2012 Comprehensive Urban Growth Area Rezoning and that there has been a change in the character of the neighborhood since the 2012 Comprehensive UGA rezoning. The Commission evaluated 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 and written comments received by the Department of Planning & Zoning. The Commission evaluated supporting documents submitted with the application that cited the location near the interchange, other Highway Interchange rezonings, traffic impacts, and the recent abandonment of the parcels for residential purposes as support for the mistake claim. Further, the Planning Commission considered the applicant's proposition that other zoning changes have occurred in the neighborhood along the Downsville Pike and continued commercial development along with traffic impacts have caused change in the character of the neighborhood. The Planning Commission recognized that continued residential use may be difficult in light of intersection expansions that will further complicate residential access and, that in the future, commercial uses may be more suitable and able to accommodate access restrictions. 120 West Washington Street, 2°d Floor I Hagerstown, MD 217401 P: 240.313.24301 F: 240.313.24311 TDD: 7-1-1 WWW.WASHCO-MRNET Copies of the application, Staff Report and Analysis, written comments, minutes of the September 18, 2017 public rezoning information meeting, and the unapproved minutes of the October 2, 2017 regular meeting are attached. TA/STG/dse Attachments cc: Bruce Dean, Linowes & Blocher file Respectfully submitted, Stephen T. Goodrich, Director Washington County Department of Planning & Zoning Washington County FOR PLANNING COMMISSION USE ONLY Rezoning No. R Z - 0()3 Date Filed: q_ W _ Iq VED WASHINGTON COUNTY PLANNING COMMISSION ZONING ORDINANCE MAP AMENDMENT APPLICATION Downsville Pike Land, LLC Applicant 10306 Remington Drive Address Hagerstown, MD 21740 Primary Contact Christopher R. Smith Address Property Location: Tax Map: 0057 Current Zoning: AProperty Owner ❑Attorney ❑Other: JUL 12 2017 WASHINGTON COUNTY ❑ContFO't'lliIC YAPARTMENT ❑Consultant 301-733-4365 EXT 203 Phone Number crsmith@myactv.net E-mail Address 10662 Downsville Pike and 10656 Downsville Pike, Hagerstown, MD Grid: 0002 RS-Residential Suburban Parcel No.: 210&408Acreage: ' Requested Zoning: HI -Highway Interchange Reason for the Request: S Change in the character of the neighborhood ❑ Mistake in original zoning PLEASE NOTE: A Justification Statement is required for either reason. Applicant's Signature Subscribed and sworn before me this day of J U iy 2017 My commission expires on Notary Public 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 SDAT: Real Property Search Page 1 of 1 Real Property Data Search w3 Search Result for WASHINGTON COUNTY View Map View GroundRent Redemption View GroundRent Registration Account Identifier: District - 26 Account Number - 023114 Owner Information Owner Name: DOWNSVILLE PIKE LAND LLC Use: RESIDENTIAL Principal Residence: NO Mailing Address: 10306 REMINGTON DR 2ND FLR Deed Reference: /05486/ 00190 HAGERSTOWN MD 21740-0000 Location & Structure Information Premises Address: 10656 DOWNSVILLE PIKE Legal Description: 0.50 ACRES HAGERSTOWN 21740-0000 10656 DOWNSVILLE PIKE Map: Grid: Parcel: Sub District: Subdivision: Section: Block: Lot: Assessment Year: Plat No: 0057 0002 0408 0000 2017 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 1928 900 SF 21,780 SF Stories Basement Type Exterior Full/Half Bath Garage Last Major Renovation 2 YES STANDARD UNIT FRAME 1 full Value Information Base Value Value Phase -in Assessments As of As of As of 01 /01 /2017 07/01 /2016 07/01 /2017 Land: 8,700 8,700 Improvements 10,200 10,200 Total: 18,900 18,900 18.900 18,900 Preferential Land: 0 0 Transfer Information Seller: CARBAUGH BONNIE L ET AL Date: 04/24/2017 Price: $50,000 Type: ARMS LENGTH IMPROVED Deed1: /05486/ 00190 Deed2: Seller: RICE ANITA V Date: 12/07/2015 Price: $0 Type: NON -ARMS LENGTH OTHER Deed1: /05119/ 00426 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 Infonndtion Homestead Application Status: No Application Homeowners' Tax Credit Application Information Homeowners' Tax Credit Application Status: No Application Date: http://sdat.dat.maryland.gov/RealProperty/Pages/default.aspx LAH1 v 1 1 J.`d- ' 7/11/2017 BOOK: 5486 PAGE: 190 Tri-State Signature Settlements, LLC File No. TE-10107M Tax 1D # 26-023114 lzbif� neeb, made this 21st day of April, 2017, by and between Connie Proctor, Bonnie L. Carbaugh, Ronald G. Rice and Donald W. Rice, GRANTORS, and Downsville Pike Land, LLC, a Maryland Limited Liability Company, GRANTEE, - Ivitne'oetb - That for aub itt COHO berat OVI of the sum of Fifty Thousand And 00/100 Dollars ($50,000.00), which includes the amount of any outstanding Mortgage or Deed of Trust, if any, the receipt whereof is hereby acknowledged, the said Grantors do grant and convey to the said Downsville Pike Land, LLC, in fee simple, all that lot of ground situate in the County of Washington, State of Maryland and described as follows, that is to say: All the following described lot of land, together with any improvements thereon situate in Washington County, Maryland, on the Northwest side of the Downsville Hagerstown Turnpike, about two miles South of Hagerstown, and being more particularly described as follows: Beginning at a stone standing near the west or northwest side of the Hagerstown and Downsville Turnpike and at the end of the 17'h or South 79 '/a degrees East 89 '/2 perch line of a deed from Edward A. Shaffer, Executor, to John H. Eldridge, dated July 13, 1892, and running thence reversing said 17'h line North 79 %z degrees West 181 feet, then leaving the outlines of the aforesaid deed 2 degrees East 185 feet, passing a stone on the North side of the aforesaid turnpike to the middle of said turnpike, then with the turnpike North 63 degrees East 252 feet to the place of beginning; containing approximately 0.50 acres of land, more or less. Subject to and together with the covenants, restrictions, rights of way and easements of record applicable thereto. Being the same property described and conveyed in the deed from Bonnie L. Carbaugh, Personal Representative of the Estate of Arthur T. Samuels unto Bonnie L. Carbaugh, Ronald G. Rice, Connie Proctor and Donald W. Rice dated July 17, 2015, and recorded December 7, 2015 in Liber 5119 at folio 0426 among the Land records of Washington County, Maryland. Togaber with the buildings and improvements thereon erected, made or being; and all and every, the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belonging, or in anywise appertaining. 'To babe anb 190 JL9Oib the said tract of ground and premises above described and mentioned, and hereby intended to be conveyed, together with the rights, privileges, appurtenances and advantages thereto belonging or appertaining unto and to the proper use and benefit of the said Downsville Pike Land, LLC, in fee simple. RIO the Grantors hereby covenant that they have not done or suffered to be done any act, matter or thing whatsoever, to encumber the property hereby conveyed; that they will warrant specially the property hereby granted; and that they will execute such further assurances of the same as may be requisite. 776 BOOK: 5486 PAGE: 192 M MARYLAND Certification of Exemption from Withholding Upon 2�1% FORM Disposition of Maryland Real Estate Affidavit of WH-AR Residence or Principal Residence Based on the certification below, Transferor claims exemption in ownership of real property is presented for recordation. The from the tax withholding requirements of §10-912 of the Tax- requirements of §10-912 do not apply when a transferor provides General Article, Annotated Code of Maryland. Section 10-912 a certification of Maryland residence or certification that the provides that certain tax payments must be withheld and transferred property is the transferor's principal residence. paid when a deed or other instrument that effects a change 1. Transferor Information Name of Transferor Bonnie L. Carbaugh 2. Reasons for Exemption Resident Status I, Transferor, am a resident of the State of Maryland. aTransferor Is a resident entity as defined in Code of Maryland Regulations (CO MAR) 03.04.12.026(11), 1 am an agent of Transferor, and I have authority to sign this document on Transferor's behalf. Principal Residence ❑ Although I am no longer a resident of the State of Maryland, the Property is my principal residence as defined in IRC 121 (principal residence for 2 (two) of the last 5 (five) years) and is currently recorded as such with the State Department of Assessments and Taxation. Under penalty of perjury, I certify that I have examined this declaration and that, to the best of my knowledge, it is true, correct, and complete. 3a. Individual Transferors Witness 3b. Entity Transferors W Itness/Attest File No. TE-10107M Re: 10656 Downsville Pike, Hagerstown, MD 21740 Bonnie L. Carbaugh Name Signature Name of Entity By Name Title S 17-49 BOOK: 5486 PAGE: 194 MARYLAND Certification of Exemption from Withholding Upon FORM Disposition of Maryland Real Estate Affidavit of WH-AR Residence or Principal Residence Based on the certification below, Transferor claims exemption from the tax withholding requirements of §10-912 of the Tax - General Article, Annotated Code of Maryland. Section 10-912 provides that certain tax payments must be withheld and paid when a deed or other instrument that effects a change 1. Transferor Information Name of Transferor Connie Proctor 2017 In ownership of real property Is presented for recordation. The requirements of §10-912 do not apply when a transferor provides a certification of Maryland residence or certification that the transferred property is the transferor's principal residence, 2. Reasons for Exemption Resident Status rV I, Transferor, am a resident of the State of Maryland, ❑Transferor is a resident entity as defined in Code of Maryland Regulations (COMAR)03.04.12.02B(11), I am an agent of Transferor, and I have authority to sign this document on Transferor's behalf. Principal Residence Although I am no longer a resident of the State of Maryland, the Property is my principal residence as defined in IRC 121 (principal residence for 2 (two) of the last 5 (five) years) and is currently recorded as such with the State Department of Assessments and Taxation. Under penalty of perjury, I certify that I have examined this declaration and that, to the best of my knowledge, it is true, correct, and complete. 3a. Individual Transferors Connie Proctor Witness Name 3b, Entity Transferors Witness/Attest File No. TE-10107M Re: 10656 Downsville Pike, Hagerstown, MD 21740 Signature Name of Entity By Name Title 17-49 BOOK: 5486 PAGE: 196 0 N r' r ti 0 .p a� c ca. r 0 N N er G N c� m ro m i4 v �n I co r LI1 U I Q rn CU r O a (6 co v LO O O O U F- 7) u z D O U z O C� z Q This page not to be counted in calculating Recording Fee Clerk of Circuit Court Washington County, Maryland Dennis J. Weaver, Clerk 24 Summit Avenue Hagerstown, MD 21740 301-790-7991 For Clerks Use Only Improvement Fee 40.00 Recording Fee 20.00 County Transfer Tax Recordation Tax State Transfer Tax Non -Resident Tax TOTAL I DO LR •- Deed (w-rax.es) Recording Fee - ALL 20.00 Name: Rice Ref: LR - Col.inty Transfer Tax. - linked 0.013 LR - Surch,aroe - linked 40-00 LR - Recordation Tax. - linked 380.00 LR - State Transfer- Tax - linked 250.00 LR - NR Tax. - lkd 0.00 Subl-otal: 690.00 ------------------------ Total: 710.00 44,Eul7 vy_unWiCC21-RZ #8241708 CC0403 - 'IdashinQton County/CC04.02.03 - Reoi stet• 03 SDAT: Real Property Search Page 1 of 1 Real Property Data Search w3 Search Result for WASHINGTON COUNTY View Map View GroundRent Redemption Account Identifier: District - 26 Account Number - 023173 View Ground Rent Registrnticus Owner Information Owner Name: DOWNSVILLE PIKE LAND LLC Use: RESIDENTIAL Principal Residence: NO Mailing Address: 10306 REMINGTON DR 2ND FLR Deed Reference: /05488/ 00165 HAGERSTOWN MD 21740-0000 Location & Structure Information Premises Address: 10662 DOWNSVILLE PIKE Legal Description: 1.10 ACRES HAGERSTOWN 21740-0000 10662 DOWNSVILLE PIKE Map: Grid: Parcel: Sub District: Subdivision: Section: Block: Lot: Assessment Year: Plat No: 0057 0002 0210 0000 2017 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 1950 1,196 SF 1.1000 AC Stories Basement Type Exterior Full/Half Bath Garage Last Major Renovation 1 1/2 YES STANDARD UNIT BRICK 1 full Value Information Base Value Value Phase -in Assessments As of As of As of 01 /01 /2017 07/01 /2016 07/01 /2017 Land: 61,000 61,000 Improvements 65,600 65,600 Total: 126,600 126,600 126,600 126,600 Preferential Land: 0 0 Transfer Information Seller: RICE ANITA VIRGINIA Date: 04/26/2017 Price: $175.000 Type: NON -ARMS LENGTH OTHER Deed7: /05488/ 00165 Deed2: Seller: Date: Price: $0 Type: Deed7: /01770/ 00701 Deed2: Seller: Date: Price: Type: Deed7: Deed2: Exemption Information Partial Exempt Assessments: Class 07/01/2016 07/01/2017 County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010m 00010.00 Tax Exempt: Special Tax Recapture: Exempt Class: NONE Homestead Application Information Homestead Application Status: No Application Homeowners' Tax Credit Application Informa.lion Homeowners' Tax Credit Application Status: No Application Date: http://sdat.dat.maryland.gov/RealProperty/Pages/default.aspx" '"'�� 7/11/2017 , BOOK: 5488 PAGE: 165 Tri-State Signature Settlements, LLC File No. TE-10106M Tax ID# 26023173 lrbi$ �Meeb, made this 21st day of April, 2017, by and between The Estate of Anita Virginia Rice, Estate No. 69124, Grantor; and Downsville Pike Land, LLC, a Maryland Limited Liability Company, party of the second part, GRANTEE. Woereag, on February 12, 2014, the Orphans' Court of Washington County, State of Maryland (the "Court") granted administration of the Estate of the Decedent to Connie J. Proctor as Personal Representative of the Estate of the Decedent in Estate No. 69124. Vbmag, Grantor in the capacity as Personal Representative in the Estate of the Decedent has complete and full power and authority by law, to grant and convey the entire fee simple interest in the hereinafter described property; and Vbereag, as part of the administration of the Estate of the Decedent, Grantor desires to convey the entire fee simple estate in the hereinafter described property to the Grantee. - lviffiefszetb - Tbat in congiberatiOn of the sum of One Hundred Seventy -Five Thousand And 001100 Dollars ($175,000.00), which includes the amount of any outstanding Mortgage or Deed of Trust, if any, the receipt whereof is hereby acknowledged, the said GRANTOR as Personal Representative as the Estate of the Decedent, does hereby grant and convey to Downsville Pike Land, LLC, in fee simple, all that lot of ground situate in the County of Washington, State of Maryland and described as follows, that is to say: All that lot or parcel of land situate along the Northwest side of the Hagerstown Downsville Road approximately one and six tenths (1.6) miles from the Corporate Limits of the City of Hagerstown, in District No. 26, Washington County, Maryland and being more particularly described as follows: Beginning at a stone planted at the end of the South 78 degrees 30 minutes west 89 and 5/10 perch line of the deed from Mary E. Stockslager, widow, to Albert L. Stockslager and wife, dated August 6, 1927, and recorded in Liber No. 178, folio 94, one of the land records of Washington County, Maryland, said stone being in or near the Northwest margin of the aforesaid Hagerstown-Downsville Road and at the North east corner of the parcel of land conveyed by the Downsville and Hagerstown Turnpike Company of Washington County to Arthur T. Samuels and Edna M. Samuels, his wife, by deed dated May 3, 1919 and recorded in Liber No. 155, folio 185, another of the Land Records of Washington County and running thence with the closing line of the first mentioned deed North 62 degrees 45 minutes East 133 feet to a point in said Road, thence crossing a portion of the Road North 27 degrees 15 minutes West 24 feet to an iron pipe in the Northwest margin thereof, thence leaving the Road and running North 59 degrees 50 minutes West 337 feet to an iron pipe, thence South 22 degrees 36 minutes West 212 feet to an iron pipe in the boundary of the entire tract conveyed to Stockslager as aforesaid, thence with said boundary line South 78 degrees 15 minutes East 88 feet, more or less, to the Northwest corner of the aforesaid parcel of land conveyed to Arthur T. Samuels and wife, thence binding on said parcel South 78 degrees 15 minutes East 181 feet, more or less, to the place of beginning, containing one and one tenth acres of land, more or less. SAVING AND EXCEPTING all that property located along the northwest side of the Downsville Pike in the Twenty Sixth Election District of Washington County, Maryland, as shown on State Highway Administration Plat No. 54605 (Rev. 7/15/97); together with any and all right of vehicular ingress and egress across those portions of the right of 870 _ BOOK: 5488 PAGE: 167 THIS IS TO CERTIFY that the within Deed was prepared by, or under the supervision of the undersigned, an Attorney duly admitted to practice before the Court of Appeals of Maryland. -6 "Loweuire AFTER RECORDING, PLEASE RETURN TO: Tri-State Signature Settlements, LLC 1185 Mount Aetna Road Hagerstown, MD 21740 BOOK: 5488 PAGE: 169 This page not to be counted in calculating Recording Fee Clerk of Circuit Court Washington County, Maryland Dennis J. Weaver, Clerk 24 Summit Avenue Hagerstown, MD 21740 301-790-7991 For Clerks Use Only Improvement Fee 40.00 Recording Fee 20.00 County Transfer Tax Recordation Tax State Transfer Tax �'�S •� Non -Resident Tax TOTAL 6'a1T LR - Deed (w Taxes) Recording Fee - ALL 20.00 Name: downsville pike Ref: LR - County Transfer Tax. - linked 625.U, LR - Surcharge - linked 40.00 LR - Recordation Tax, - Iirrked 1,330.00 LR - State Transfer Tax - linked E15.00 LR - NR Tax - lkd 0.00 SubTotal: 2,890.00 Total: ---------3,423 00 04/26/2017 20:52 CC21-TR #8254008 CC0403 - Washinpton County/CC04.133.04 - Reolster 04 is ♦ \ / i 1 G��/P/SiOi• � /�� u0 ILLBOARD OF COUNTY COMMISSIONERS OF WASHINGTON 'COUNTY, MARYLAND v WILLIAM D. RICE. ET. UX 88306 . A ,per �s �\�•w\',:�.;�.� F ( k c °F sr � i oMs�°i y♦ • 1 O` � ,� /,3'• /) E000325.3176 fi ` to c� �2 `,NITA V. RICE JOHN D. WASTLER k 88219 Y RIGHT OF WAY A F LLro[[ AzA / UNKNOWN EXISTNIO RIGHT _ OWNS A OF WAY LINE fi It SYS. 14d EXISTING OF WAY`RtG T , INE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY. MARYLAND RIGHT OF WAY LINE AND EXISTING RIGHT OF WAY LINE , xWr er F •` `LCURVE No. - n 42 TEMPORARY EASEMENT TO BE USED ONLY DURING THE PERIOD OF CONSTRUCTION FOR THE PURPOSE Or FINE BRINGING AND AT I)E TERMINATION OF CONSIAICTAYN ALL RFHIS HEAEBT ACOUY.EO IY THE STATE WHEAT ADMlISIRATIOA STAIR AOAO$ CpW55CN SHALL THEN 7EIIWIAT[ AND REVEAI'70 INE PROPERTY DINERS. 1p/ - DUWL OF Y(1tUl4a LGCESs. \ i . , ..• %• A.35-mm WO Rt[.6T31. �,L;\\ �:• y'\ ,ram J R Y LINE Ai TINS PNriIOM OF THE IGOGII OF \; OZY $y S \CT• r LINE A4 gom CMR ATEE35 IS p(ARO \ -J / AlA. 4D•SOm aY ATA.Iw U. f \J LINAi N OEMLL'OF YUICM.+\ ACCESS O .�! •F - (y, ' 'WILLIAM •S D;VELBLISS, s ; ��` \ °.O Q Ql\ 4A9 ET UX 'a y9 \ / (\\ \ ells^ T oCyy�A ' `'I`•� 1 {.'aY� t�0 \ ! ` Sz` '' o m9 � ° j 3.°! _ . DENNIS L. P ICE . \ 9 C`�t\ 9 $\ 'o o �4> �� / OAK RIDGE PARK . 88309 \ \. \\\; \ APARTMENTS SECTIONS 1;2 ANp,3 EUGENE 'S, A'LBERT, JR., ET AL ITEM NO; BB218 LBIER j5pF FOLIO RA21 REc•D I S38'A7'14'E 244.76' 2 S35.56'05'E 491.81, 3 S57.20'33'E 452.32' 4 5 10'23-E ': 703.22' 5 S15' 23'21'W 27.30' 6 N81' 02'59'W 1068.83, 7 R-5879.58' L- CHO N06'02'59'0 1026.18' 1024.38' B S06. S616d'W 15.24' 9 1 N20'06'13'E 178.43= d0 R-102B.92' L= 797.79' CHO N42-18.SB'E 1777.96 FEE S0.01 E AREA ST6711 SO. FT. OR 13.2395 AC. SHOWN THUS.' mmm SEE f•. F EASEWLI TE EI PaL i� ^Pi IrrvlL • a T i' • � V s�j, pt spy ♦ \ TO M_ D R�TE.65 i - rcTE� CRASS �a.. r'. A Y" `w K'� `� i •. \ au RIGHT OF WAY LWEANO \`L� SEE S . .q. Y WRNS{TE 3 PTIE , r TO Y PNI.3 '• \\ -. - I WAYG LR E T CAP \ \R�' DMSIO �wr �y TppOF SECT Pam• ... ,..' . .....,...., ... LRAss PNj sIs. ' LREAE.F+1T•3 g 7 9 .' . ,. - :"-. ' •N65.'. 8 40.9'E art.CURB_ •••. .. ��.-.�� •"' M' .• • . `.. ... 'BASo�1.NE..OF I^HT OF N Y ANO ' 5 1...: POE 142.32.46 - .�. (MO RTE. 63) mP�' _ + ASE L Oi �0 TL G721 LION..._............._. CRE{ •,• «••«._ -�•• ........ ....................... - PPVG 3dCRAMP B. o. +•>t U. • P:.DYNN000N PIOGRAIY1Af0.7 NOv'Ol L,L ~ •,•1 Can . EMD RTE. 632> .o$.. A°L[S $rA..O•. .50 Nlc wz. - �C \ L , y E_L¢� DFRIGHT _CONh�' LTro OF WAY .AHOY OF COT U� � 29.1Y - I . OF 'BUSHES AOW OF BusxES ROW OF 61Mp ALEs _ \ TEMPORARY EASEMENT aIT ,j \ SEE NOTE 'A' UYAT Of OUASL OF VDGCU AR ACCESS LIMIT OF EXISTING _ STA. •41 A 632 EASEMENT AREA RfGNT OF WAY ` TIRIgIGIlOYI 1As POIITpN ofiNE WAY OF LINE AMO WAY LINE ALL VENCILAI ACCESS 6 OEN14 EXNSTREG RIGHT - \ STA,47•i0.00 AT.932 OF WAY LINE \ LlLIT OF DENIAL OF YTISCTAAA ACCESS , LOYAL ORDER OF MOOSE LODGE 212, INC. \� 88307 VOULEVARD ALFWAY 2[" DENNIS L. PRICE \o� \ 68309 ' AASHNGTO, COUNTY �� R.GHT OF WAY LINE Po"T OF MAY LINE \ EASEMENT AREA BASE (Nj OF RIGHT OF _WAY AND p01Nf OF B[GUOrNO� \ \ SASE Ltt1e"�i6 LU7SERUC17bV 1 �, (RAMP ►'1 RIGHT OF WAY LINE 'L RIGHT OF r• z)..O11'L7 i00' AT. 3 RIGHT OF NAY LK- • (• WAYP WAY. LINE \ z AND EXISTING RIGHT , IgLIP L1 . 1 RIGHT OF WAY LIME OF WAY LINE r \ AND EXISTING RIGHT EXISTING RIGHT Q TEMPORARY EASEMENT OF WAY LINE OF WAY LINE SEE NOYE c AID RTE. 632 (DOWNSVILLE PIKE) MATCH MARK SE PLAT NOA546us i uir All \ 2AlY T • AO EMOTE BM pT 1O IY.US GA 0 A i I NT CERTIFY TO THE MARYLAND DEPARTMENT OF TEREBAAWSPORTATWN, STATE TONWAY ADMAOSTRATX]N THAT THE V['tCRI, OF MA1? LEGEND ® REVERTIBLE EASEMENT FOR SUPPORTING SLOPES. A PORTION OF• THIS RION ACCESS EITHER .VFHICUTA . PROPERTY LINES SHOWN MERLON AR( CORRECT 10 THE BEST OF MY KNOWLEDGE. PRORWTION A!W BELIEF BASED ON INE FIELD 1E• <� 4 ® REVERTIBLE EASEMENT OR' RIGHT FOR SPECIAL PURPOSE AS INDICATE BY NOTATION ON PLAT, ACROSS THE LINES DES11 5 ACCEPT BY MEANS OF SLRYET PCAFORAEO LAGER MY SU•EAVISNNE AND TN( RECORD I, ® PERPETUAL EASEMENT FDA SPECIAL PURPOSE AS'INDICATED ONTHLS PLAT. BY CAN. DESC"TIONS THEREOF. AND THAT INS PLAT MEETS TIE REOUREMENTS AS COYIRACTEO FOR BY THE MARYLANW- ® PERPCTUAL LASEYDIf FOIL DRAINAGE FACILITY AS INDICATED BY ON THIS PLAT. pp OCPARTME tRANSP031AT: STATE AOIAtS•TRAIWN. 4 'I• Av .NDTATNN IARNOW NOIGTES GENERAL OAAITAOE PATTEN 1 ' 9p,P 7OHwAT4! E!5 3 •rLR S Na J V 0► p(RIETVLL [ASEASEMENT?0 DISCHARGE F10. OF EATER FROM OR INTO EXISTING WATERWAY OR NITIRAL CRANMGE CC%RSL ¢g Sti11ATURE DATE LINE �/op�,NA �► PERPETUAL EASEMENT TO DISCHARGE FLOW OF WATER UPON EXISTING OHOUNO, SENT 70 RECORD OFFICE ea ROBEAT L.CAEGA 1 MD'AEIL NO. 411 4-I-� APPROXIMATE GENERAL DRAINAGE FLOW PATTERN INOT TO SCALE -FOR EXPLANATORY PUPPOFE ONLY 1 APPROVED BYYCNASUTAN. �. .. Caim ET D(YAUW:IFNDCN -- DRAWN BY OLVAIIMOO - ..e...- ............... ...... ..•...1.......................... ........................ ..«..•....«n�.�.,Mw..wr.«.,f.«................«.....««..«........1»1«...«.....-..«............w...._•..........................w......-... WAY a �c TigQ LW . `T. I A ' DENNIS L. PRICE NO. BB309 ER 1 _ Rj FOLIO 4to ' 'D k a- M SS'16'E 20.45' R=117B.92' L- 13,61, , CHD S58'20'45'W 13.61 N60'2310'W ' IO.07' I SIMPLE AREA SO. 'FT. OR O.00I4 AC. HU WN TST a ITEM '•AT INSERT NOT, 10 SCALE ( NOTE C, tj[{l�� N0 7 /CAD I, i eT1' NE�1HELrt[REPKK*N,.Yyr,L31T TYNAST�MATOF�GOKIAKS�3NION Si�llT1NF} I[A4N4�E n�w� STATE OF MARYLAND RAY( D THE rAGPERIY OYNERL, lC ADS DEPARTMENT OF. TRANSPORT-ATION.: .STATE HIGHWAY ADMINISTRATION = Boots Lcmws FAXT Or PLAis COU(rT TYASHINGTON LOCATED STATE ROADS COMMISSION ; Nssto MAB 0 T115-97 ISAOS p 24995 0 TRAY TRAY �4 N )t0i MPAREO Br T R T. A AR C MPANY RIGHT OF WAY PROJECTS 1-70 / MD 632 INTE�CNANGE, % Y 203 G vlynn - PaG.rn e[.,•NELa RIGHT OF WAY PROJECT NO. PA933031 ' Se7 P/ CONSTRUCTION PROJECT[ IrTO / MD632, INTERCHANGE FEDER AID PROJECT ,�1�j� NH-70-I t214N ' S`f793 asLEG n( SCALE I' c 50' i_ CONSTRUCTION PROJECT NOE WA93351T2 CHIEF.PLAISANo SURVIVAlez PLAT No. .54605 ' «...v.••M« u•snt•••.N1•.•.••.,Ln.�a•v.•.N4ura,«•uWwrn�r:..WuJLYM!•WAi1H.r.4ddir"I--`:-•'•�• • ••-.•••/0MA)JUYJY. ADJOINING PROPERTY OWNER LIST TAX MAP 0057 PARCEL 0495 TAX MAP 0057 PARCEL 0565 TAX ID#26-038308 TAX ID#10-031478 Washington Co. Commissioners 632 Joint Venture LLP Court House P.O. Box 889 Hagerstown, Maryland 21740 Hagerstown, Maryland 21741-0889 TAX MAP 0057 PARCEL 0208 TAX MAP 0057 PARCEL 0375 TAX ID#26-023017 TAX ID#10-014263 Karen J. Funk Washington Co. Commissioners Eric F. Funk Court House Annex 17906 Halfway Boulevard Hagerstown, Maryland 21740 Hagerstown, Maryland 21740-1332 TAX MAP 0057 PARCEL 0432 TAX MAP 0057 PARCEL 0329 TAX ID#26-006821 TAX ID#26-018862 William Lee Divelbliss John D. Wastler 17910 Halfway Boulevard 10650 Downsville Pike Hagerstown, Maryland 21740 Hagerstown, Maryland 21740-1734 TAX MAP 0057 PARCEL 0311 INTERSTATE 70 (1-70) Highway TAX ID#26-022134 Dennis L. Price State Highway Administration Diane C. Price Box 717 10702 Downsville Pike Baltimore, Maryland 21203 Hagerstown, Maryland 21740-1774 TAX MAP 0049 PARCEL 0270 TAX ID#26-033306 Glenn S. Rea, Jr. 10801 Oak Valley Drive Hagerstown, Maryland 21.740-7868 **L&B 6436201v1/13291.0001 I,��.:.� EXHIBIT B . V I � _ , s 1, &-; REZONING EXHIBIT B DOFNSVIILLE PIKE LAND LLC 16Z t? r^. 11 TR NORTH OF DOfl9VWON P/A3' & 6ASf OF //A/.F•WAY BLYD WASH/NGTOH COU/NTY,,�MARYLAND FOX & ASSOCIATES, INC. on ENGINEERS •SURVEYORS • PWJNERS ; O 9�1 ul 1£INA IWD B3 MVPUNS YRL LOVM e HSJONM, u0. 11)10 Sull[ 'C' q J toa, (Joljf if.T1 ",Y6f s n : I IsoS aesa AG (w ll].0 196f fUl: (J01)M] U4'l ,r JUSTIFICATION STATEMENT DOWNSVILLE PIKE LAND, LLC, APPLICANT The Map Amendment sought is based upon the following: 1. DESCRIPTION OF THE SITE. Downsville Pike Land, LLC (the "Applicant") is the owner of two parcels of land, located at 10656 and 10662 Downsville Pike, totaling 1.60 acres and situated along the northwest side of Maryland Route 632 (Downsville Pike), immediately south of its intersection with Halfway Boulevard (the "Site"). A copy of the rezoning vicinity map is included with this application as Exhibit A. The Site is located adjacent to the Maryland Rte. 632/I70 Interchange, and is currently developed with 2 aged single-family residences. Land uses within the Site's 1- mile zoning neighborhood (the "Rezoning Neighborhood") contain a mix of commercial and residential developments. Immediately to the south of the Site is one residence and the Marty L. Snook Regional Park as well as a State Highway Administration Park and Ride. To the north are primarily residential neighborhoods. To the south are 170 and the interchange (south of I70 is the Callas Contractors property), and to the cast are the site of a coming new Sheetz store, several other commercial uses including the Health at Work site, and a mix of other commercial and residential uses. An aerial photograph of the Site showing the Rezoning Neighborhood and the various residential and commercial developments in the vicinity of the Site is attached as Exhibit B. The official zoning classification of the Site, pursuant to the Washington County Zoning Ordinance (the "Zoning Ordinance"), is Residential, Suburban District (RS)1. (Exhibit A). As shown on Exhibit A, the Site adjoins the Downsville Pike/I70 interchange, a public park, and the coming new Sheetz convenience store. Other than the home immediately to the south of the Site, 1 The purpose of the RS zoning district is "to provide appropriate locations in the Urban and Town Growth Areas for single and two-family residential dwellings on moderately sized lots and limited community service type uses." wit 8f1 _ F. .._ all other residences nearby are either north of Halfway Boulevard or west of the parks from the Site. While there are residential neighborhoods nearby, the Site's location at the exit from I70 next to a Park and Ride (which attracts numerous commuters) and across from the proposed Sheetz store make it singularly inappropriate for continued residential use. The Applicant is requesting a map amendment to change the zoning classification of the Site from RS to Highway Interchange (HI) due to its immediate adjacency to the I70/Downsville Pike interchange and the proliferation of commercial uses along Downsville Pike. Prior to 2012, the Site was zoned RS, but the interchange land located across Downsville Pike (hereinafter, the "Interchange Parcel") was zoned RM. As explained in greater detail below, the Washington County Board of County Commissioners (the "Board") in 2012 rezoned the Interchange Parcel from its prior RM zoning to the HI classification during the comprehensive rezoning of the Urban Growth Area that became effective on July 1, 2012 (See Ordinance No. ORD-2012-08) (the "Comprehensive Rezoning"), but the Site retained its RS zoning. Similarly, parcels 262 and 464 on Tax Map 56 and parcel 258 on Tax Map 57, south of 170 and within the rezoning neighborhood, were rezoned to HI in 2012. (see Exhibits C and D to show change in zoning during the Comprehensive Rezoning) For the reasons set forth below the Applicant submits that the decision of the Board during the Comprehensive Rezoning to rezone the Interchange Parcel to the HI district, but NOT further deciding to rezone the Site to the same HI district, resulted from legal mistake, in that the Board did not take into account that the HI zoning district was significantly more appropriate for the Site as well as for the Interchange Parcel. The Applicant further submits that there has been a substantial change in the character of the Rezoning Neighborhood sufficient to justify the rezoning request. Based on both mistake in zoning and change in the character of the neighborhood, the Applicant requests that the Site be reclassified to the HI zoning district. THE PURPOSE OF THE HI DISTRICT IS TO "PROVIDE SUITABLE LOCATIONS FOR COMMERCIAL ACTIVITIES OR LIGHT INDUSTRIAL LAND USES 2 THAT SERVE HIGHWAY TRAVELERS, PROVIDE GOODS AND SERVICES TO A REGIONAL POPULATION, OR USES THAT HAVE A NEED TO BE LOCATED NEAR THE INTERSTATE HIGHWAY SYSTEM TO FACILITATE ACESS BY A LARGE NUMBER OF EMPLOYEES, OR THE RECEIPT OR SHIPMENT OF GOODS BY HIGHWAY VEHICLES. IN ADDITION TO PROVIDING ACCESSIBLE LOCATIONS, THE HIGHWAY INTERCHANGE DISTRICT IS INTENDED TO PROTECT THE SAFE AND EFFICIENT OPERATION OF THE INTERCHANGE AND TO PROMOTE ITS VISUAL ATTRACTIVENESS. " 2. ZONING HISTORY OF THE SITE The Site, being located within the Urban Growth Area boundary around the City of Hagerstown, was among those "17,000 parcels and 38,000 acres of land" rezoned as part of the Comprehensive Rezoning of the Urban Growth Area in 2012. See Ordinance No. ORD-2012-08, p. 1. In adopting the Comprehensive Rezoning, the Board's goal was to "promote compatibility amongst varied uses while providing the range of land uses needed to accommodate the needs of a growing community." See Ordinance No. ORD-2012-08, p. 6. During the Comprehensive Rezoning process, the Board eliminated the agriculture zone in the Urban Growth Area which "resulted in the assignment of different zoning classification to 8,861 acres of land ... [and] all of the reclassifications result in ... decreases in land area devoted to residential and commercial uses." See Ordinance No. ORD-2012-08, p. 5 (emphasis added). To that end, the Comprehensive Rezoning of the Urban Growth Area was aimed to "positively reflect the general planning principles of providing for increased diversity, density, and intensity of uses as proximity increases towards the urban core of the County." See Ordinance No. ORD-2012-08, pp. 5-6. Given the Site's location adjacent to the 170 interchange, near extensive commercial development existing and occurring to the east and with the less intense single-family residential development separated from the Site to the west and north, divided by roads (Halfway Boulevard) and parks, the HI district should have been deemed as appropriate for the Site as it 3 was for the Interchange Parcel, which was comprehensively rezoned to HI zone from its prior residential RM zoning under the goals of the 2012 comprehensive rezoning. The Comprehensive Rezoning was guided by the principles and recommendations contained in the 2002 comprehensive plan for the County (the "Comprehensive Plan") which identifies, as major goals, the objective of promoting "the retention and expansion of existing businesses and industry while encouraging the development of new manufacturing and hi -tech industries to broaden the employment base" and providing "locations for new industry that encourage the use of existing infrastructure facilities and that take advantage of the interstate transportation system" See Comprehensive Plan, p. 13. The Site, being located within the urban core of the County and adjacent to a highway interchange, is clearly appropriate for the HI zoning district, and designation of the HI zoning classification is compatible with the adjoining and nearby properties. At the time of the comprehensive rezoning of the Urban Growth Area was adopted, the Planning Department advised the Board that "at least 75% of those specific [zoning modification] requests received from property owners were approved," and that the Board would have opportunities in the future to address certain areas of the Urban Growth Area if it elected to do so. See Board of County Commissioners Meeting Minutes from April 17, 2012, p. 3. Therefore, the Applicant submits that if the Board were today to apply the very same policy criteria that it did during the 2012 Comprehensive Rezoning, it would not designate the Site in the RS district but rather would re- classify the Site to the HI district. 3. CHANGES TO THE NEIGHBORHOOD. While the Site has been used for residential purposes long before the enactment of the Ordinance, changes to the neighborhood have occurred since the original and last Comprehensive Rezoning. During the Comprehensive Rezoning, several of the parcels within the Rezoning rd Neighborhood were zoned to more intensive uses. As stated above, the Interchange Parcel was rezoned HI from RM-Residential Multi -Family, and the above referenced Parcels 262, 464 and 258, located south of 170 were rezoned from ORT-Office Research and Technology to HI. Similarly, the Marty Snook Park parcel was also rezoned from A -Agricultural to RS. Finally, the approval of the new Sheetz convenience store immediately across Downsville Pike from the Site will greatly influence changes to the Rezoning Neighborhood. In addition, traffic travelling through the Rezoning Neighborhood has significantly increased since the Comprehensive Rezoning. As shown on the Maryland Department of Transportation, State Highway Administration Annual Average Daily Traffic 2009-2015 chart, (Exhibit E), traffic on that portion of Downsville Pike from Halfway Boulevard to Downsville Pike increased from 10,960 daily trips in 2012 to 12,361 daily trips in 2015. Notably, average daily trips have increased each year since 2012. 4. LEGAL ARGUMENT. A. The Law. A local legislative body (in Washington County, the Board of County Commissioners) may approve a piecemeal zoning map amendment, which changes the zoning classification of a property outside of the comprehensive planning process, upon finding that either there was a mistake in the existing zoning classification or that there has been a substantial change in the character of the neighborhood where the property is located. Md. Ann. Code Lane Use, §4- 204(b)(2). B. Mistake In Zoning. Mistake in zoning, as defined by the Maryland Court of Appeals in numerous opinions related over the years, is proved by introducing evidence that shows either that the approving body failed to take into account factors at the time of comprehensive zoning which would (or should) have justified a different zoning classification, or that events have occurred subsequent to the comprehensive rezoning which show that the approving body's assumptions and premises have 5 since proved to be invalid. Howard County v. Dorsey, 292 Md. 351, 438 A.2d 1339 (1982). Specifically, "when the assumption upon which a particular use is predicated proves, with the passage of time, to be erroneous, this is sufficient to authorize a rezoning." Mayor of Rockville v. Stone, 271 Md. 655, 319 A.2d 536 (1974); see also Anne Arundel County v. A-Pac Ltd., 67 Md. App. 122, 506 S. 2d 671 (1986) (stating, "when subsequent events demonstrate that any significant assumption made by the Council at the time of the comprehensive rezoning was invalid, the presumption of validity accorded to the comprehensive rezoning is overcome."). In addition, the "evidentiary burden [of proving error in existing zoning] can be accomplished ... by producing evidence that the Council failed to make any provision to accommodate a project, trend or need which it, itself, recognized as existing at the time of the comprehensive rezoning." Boyce v. Sembly, 25 Md. App. 43, 334 A.2d 137 (1975), citing also Jobar Cow. v. Rodgers Forge Community, 236 Md. 106, 202 A.2d 612 (1964) and Rohde v. County Board of Appeals 234 Md. 259,199 A.2d 216 (1964). In the case at hand, evidence exists and is presented herein which specifically and unequivocally shows that: (1) In adopting the Comprehensive Rezoning of the Urban Growth Area, the Board intended to "positively reflect the general planning principles of providing for increased diversity, density, and intensity of uses as proximity increases towards the urban core of the County." See Ordinance No. ORD-2012-08, pp. 5-6. The Board mistakenly retained the RS zoning on the Site while rezoning the neighboring Interchange Parcel to the HI district instead of accounting for the Site's ideal location for HI uses and its unsuitability as an ongoing residential area due to the 170 interchange substantially similar to the situation facing the Interchange Parcel; (2) At the time the Board maintained the RS zoning district on the Site, it also reclassified the adjoining Interchange Parcel from the RM district to the HI district despite the fact that the Interchange Parcel is undevelopable and the same facts and circumstances which justified the change in zoning for the Interchange Parcel apply to the Site. The Board did not account for the fact that designating this Site as HI would be compatible and consistent with its reclassification for the Interchange Parcel, The Board made a legal mistake by failing to recognize that the adjoining Interchange Parcel, like the Site, fronts on Downsville Pike and is significantly impacted by the traffic leaving I70, such that future development of both properties should be oriented toward highway uses and not residential uses. This evidence is sufficient to allow the Board to grant the requested rezoning on the basis of a mistake in the existing zoning. C. Change in the Character o0he Neighborhood. In determining if there has been a substantial change in character of the neighborhood , one must first determine what constitutes the neighborhood. Montgomery v. Board of' Countx Commissioners for Prince George's County, MMIand, et al. 263 Md. 1, 280 A.2d 901 (1971), The concept of a neighborhood is a flexible one, and will vary according to the geographical location involved. Montgomer3,, at 5. The Applicant asserts that while adjoining properties located along Halfway Boulevard to the west are similarly zoned RS, the "neighborhood" should more properly include those commercially zoned and/or utilized properties adjoining the Site along the east side of Downsville Pike, including the coming Sheetz convenience store immediately across from the Site, zoned HI and further including the land zoned HI and ORI south of I70. The neighborhood that faces the same situation as the Site, in reality, is not the nearby residential neighborhoods along Halfway Boulevard but more appropriately is the commercial corridor along Downsville Pike and near or adjacent to its interchange with I70. The Downsville Pike commercial corridor is highlighted in yellow on Exhibit B. %I While the Site has been used for residential purposes for many years, it is currently uninhabited and is, frankly, uninhabitable. Changes to the neighborhood have occurred since the both original comprehensive zoning and the 2012 Comprehensive Rezoning. During the Comprehensive Rezoning, several parcels within Applicant's defined neighborhood were zoned to more intensive uses. As stated above, the Interchange Parcel was rezoned HI from RM, and the above referenced Parcels 262, 464 and 258, located south of 170 were rezoned HI from ORT. The adjacent Marty Snook Park land was also rezoned from A to RS. In addition, as stated above, traffic within the neighborhood has also increased significantly. As shown on Exhibit C, traffic on that portion of Downsville Pike from Halfway Boulevard to Downsville Pike increased from 10,960 daily trips in 2012 to 12,361 daily trips in 2015. Notably, average daily trips have increased each year since 2012. When considering the issue of "substantial change in a neighborhood, the County should consider `all changes and pertinent facts' together in totality." The Bowman Group v. Dawson Moser, 112 Md.App. 694, 686 A.2d 643 (1996). In Bowman case, the Court upheld the rezoning of appellant's property by taking into consideration the following factors: 1) previous rezonings; 2) upgrades made to roads; and 3) new water and sewer lines. Id. Considering that multiple parcels in the neighborhood have been rezoned to HI, there has been a significant increase in traffic along Halfway Boulevard and Downsville Pike, improvements made to Halfway Boulevard, and the recently approved and coming Sheetz convenience store, these facts in totality clearly establish that there has been a substantial change in the neighborhood sufficient to justify the proposed map amendment, and that the requested HI zoning for the Site is more appropriate than the existing RS zoning. In addition, the County anticipated and provided for the future development of the Site when including the Properly in the Urban Grown Area. The commercial corridor along Downsville Pike and rezoning of parcels in the neighborhood have transformed the neighborhood significantly and will continue to do so in the future. As stated, the Site would be better suited for a commercial use permitted by the HI District, given its location along Halfway Boulevard, Downsville Pike and the I70 interchange and the impact of the interchange and the adjacent Park and Ride property on the continuing ability to use the Site for residential purposes, as well as its proximity and access to I70. In conclusion, the Applicant avers that it is conclusive that a substantial change in the character of the neighborhood has occurred which legally justifies a decision to approve the requested rezoning. 5. AVAILABILITY OF PUBLIC FACILITIES. a. Public Water and Sewer. Public water and sewer are currently available to serve the Site. C. Protective Services. The Site will be served by the Halfway Fire Company. Police protection will be provided by the Washington County Sheriff s Department. 6. PRESENT AND FUTURE TRANSPORTATION PATTERNS. The Site is bounded by Halfway Boulevard and Downsville Pike and could potentially be serviced by entrances on either or both roads. Highway access to the Site is via the Downsville Pike/I70 Interchange, making access for both regional and local travelers convenient and safe. These roads and this interchange are ideal for the requested HI zoning. Both Downsville Pike and Halfway Boulevard are classified as Arterial Roads. 7. COMPATIBILITY WITH EXISTING AND PROPOSED DEVELOPMENT FOR THE As stated above, the Site is surrounded by a mix of residential and commercial uses, and the adjacent properties to the east along Downsville Pike are all is classified in the HI district, and compatible with the requested zoning classification for the Site. A new Sheetz convenience store will be located immediately across Downsville Pike from the Site. The Site's proximity to 9 the I70 interchange and the adjacent Park and Ride make continued residential use clearly unsuitable. The Site is well suited to serving the travelling public, however, due to this proximity, and thus the requested HI zoning makes much more sense from a land use perspective than the existing residential zoning. 8. POPULATION CHANGE. The Site is currently unoccupied and this is unlikely to change in any circumstance. Rezoning the Site to HI will have no effect on the population of the Rezoning Neighborhood. The population of the Rezoning Neighborhood is, however, growing. 9. COMPREHENSIVE PLAN. The Comprehensive Plan identifies, as major goals, the objective of promoting "the retention and expansion of existing businesses and industry while encouraging the development of new manufacturing and hi -tech industries to broaden the employment base" and providing "locations for new industry that encourage the use of existing infrastructure facilities and that take advantage of the interstate transportation system" See Comprehensive Plan, p. 13. In addition, the Comprehensive Plan discusses the need to sustain and expand existing businesses. See Comprehensive Plan, p, 60. The proposed rezoning of the Site to HI will allow for the redevelopment of the Site from a decrepit and aging single family residence to a much more appropriate retail operation serving the neighborhood and the travelling public along Downsville Pike and I70. Given the Site's location at the intersection of Halfway Boulevard and Downsville Pike (both Arterial Roads) and being at the end of the off -ramp from I70, such a commercial use is much more suitable for the Site and in keeping with the Comprehensive Plan. The Comprehensive Plan also identifies that appropriate commercial site locations should reflect the need to be located where the market can best be served. See Comprehensive Plan, p. 61. The Applicant avers that a commercial site located at the intersection of Halfway Boulevard and 10 Downsville Pike and directly across from the I70 off -ramp and adjacent to the Park and Ride is an ideal location for a commercial use to serve the Halfway and South Hagerstown markets as well as interstate travelers. 8. CONCLUSION. The Applicant requests that the Board approve this rezoning application as the request meets all of the legal requirements for map amendments under the Washington County Zoning Ordinance and under Maryland law to be approved. The Applicant's requested zoning map amendment will remedy the Board's failure to designate the Site for HI use. Moreover, the requested zoning map amendment will correct the Board's failure to take into account various factors related to the Site at the time of comprehensive rezoning which would have justified the HI zoning classification, and will properly reflect the substantial changes to the Rezoning Neighborhood outlined in this statement. **L&B 6445218vl/13291.0001 11 EXHIBIT A 0 c'\Al 1 Jti i z Z it \rrrrrrrrrrrrrr _ .- _ - � . t ;,� �' ' � `•' � � � , � fib• Jt• •�• : _ 1I A ' V •,�O p N • •••. Z O 2 L Z Z � 1 tr W/ N .: ZZ-O\ •+� S M o li •��..,,° r. Jr /•�1 k r \ s I - a t � � • �_ � � � - STY • } zZ rn3ox�^ r' i\ •�] 3 �l 08z ONO N D 2 gg x ��O0m i z 11 1 V • ``. ilp 0 d�ja REZONING EXHIBIT FOX do ASSOCIATES, INC. lo FDOIPNSVILLF PIKE IA1VD LLC ENGINEERS •SURVEYORS• PLANNERS eel n unu can ez eauu mwr R �i rvcoura,Y, uo. 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J a o Y W (-aj W W D (np N w A A A N Cn Cn Ut N cylW N N N A A A A Cn (n O O N N N O W w 0 0 0 0 W W 0Cf) C 7 y NO ID A N w N -� W -I N N N Cn A pt N A W w A N N A O W a N N Cn A a O p� A (11 N C j Cn m ..a _. m O V m O w A � -• U) m (D O O 1 c) W IA b W V m m m H 0 N w O (O V J m O O V cn m m W w W V A 1 W W j O Cl) O al Cn m O O O O W N w w Cl) U) U U) Cn O O -� W W W A A -+ A N o ly A N Cn N 1 w N N N A m N m W N A N N A w A N N (n A Cl) y y A W V A Ch N W (N(nn m J N N W -C (D (O N (n W -� m V �7 m IJ A '� v A J O O O m O A (A71 A A A O O O O W N N A A A N (Ail Lon N N N N COn N N Open Session Item SUBJECT: Construction Bid Award Pavement Maintenance & Rehabilitation Program FY’18 Hot Mix Asphalt Applications, Contract No. MS-PMP-255-28 PRESENTATION DATE: Tuesday, February 13, 2018 PRESENTATION BY: Scott Hobbs, P.E., Director Division of Engineering RECOMMENDED MOTION: Move to award the bid for the Pavement Maintenance & Rehabilitation Program FY’18 Hot Mix Asphalt Applications contract to the lowest responsive, responsible bidder, Craig Paving, Inc. of Hagerstown for the amount of $2,792,743.00 which includes the option to extend the contract for a period of up to two, one year extensions. REPORT-IN-BRIEF: The project was advertised in The Herald Mail, on the County’s website, and on the State of Maryland’s website, e-Maryland Marketplace. Two (2) bids were received on Wednesday, January 18, 2018 as listed below and further detailed on the attached bid tabulation. Contractor: __Total Bid:__ Craig Paving, Inc. $2,792,743.00 C. William Hetzer, Inc. $2,987,064.45 The bids have been evaluated and the low bid by Craig Paving, Inc. is in order. The engineer’s estimate is $3,140,338. DISCUSSION: The pavement maintenance & rehabilitation program for hot mix asphalt applications involves pavement preservation, repair, and rehabilitation. Applications include providing superpave hot mix asphalt overlays, patching, crack filling, and permanent pavement markings. The project includes approximately 19 miles of paving applications. The contract follows standard State Highway Administration provisions for monthly liquid asphalt price adjustments as used in prior years. The bid documents provide one hundred eighty- five (185) consecutive calendar days to complete the work. The Notice to Proceed is anticipated on or about April 9, 2018 with a final completion date of October 10, 2018. The bid documents include Liquidated Damages in the amount of $500.00 per calendar day for work beyond the completion date and an option to extend the contract additional years. Motorists may experience some minor delays as a result of lane closures but there are no major road closures associated with this work. Public notices will be made and road work signs posted prior to the start of work. The road listing will be posted on the County’s website for reference. Board of County Commissioners of Washington County, Maryland Agenda Report Form 2 | P a g e A G E N D A R E P O R T F O R M FISCAL IMPACT: This is a budgeted Capital Improvement Plan (CIP) project (RDI024). The current available budget for this program is approximately $5,550,000 for FY’18 hot mix asphalt and chip seal contracts, preparation work, inspection, and testing. Total expenses for the hot mix asphalt applications contract are estimated at $3,296,743; including $2,792,743 for proposed bid award, $215,000 for inspection/testing, $139,000 for 5% construction contingency, and $150,000 for asphalt adjustment costs. CONCURRENCES: Director of Budget and Finance (Fiscal Impact) ALTERNATIVES: This is the most cost effective and practical alternative. Roads are substandard and need repairs to extend service life. ATTACHMENTS: Bid Tabulation, Road Listing, Aerial Map AUDIO/VISUAL TO BE USED: N/A INTERSTATE 70 INTERSTATE 81 JEFFERSON BLVD NATIONAL PIKE BROADFORDING RD OLD FORGE RD LEITERSBURG PIKE DUAL HWY VIRGINIA AVE CRYSTAL FALLS DR FAIRVIEW RD WHITE HALL RD HOPEWELL RD MARSH PIKE ROCKDALE RD GREENCASTLE PIKE MAPLEVILLE RD MOUNT AETNA RD PENNSYLVANIA AVE KEMPS MILL RD ROWE RD HALFWAY BLVD RINGGOLD PIKE BEAVER CREEK RD RENCH RD LITTLE ANTIETAM RD BOTTOM RD MAUGANSVILLE RD SMITHSBURG PIKE SHINHAM RD LAPPANS RD CLEAR SPRING RD RESH RD DOWNSVILLE PIKE LANDIS RD CEARFOSS PIKE LEHMANS MILL RD ROBINWOOD DR ITNYRE RD COLLEGE RD BECK RD CHURCH ST UNGER RD OAK HILL AVE CAVE HILL RD SPADE RD FREDERICK ST LEITERS MILL RD STRITE RD LONGMEADOW RD WESEL BLVD W FRANKLIN ST CLOPPER RD MILLERS CHURCH RD SUMMIT AVE OLD NATIONAL PIKESHARPSBURG PIKE BLACK ROCK RD GAY ST STERLING RD MARYLAND AVE MCDADE RD WALNUT POINT RD PARADISE CHURCH RD SALEM AVE CEDAR RIDGE RD LEITERSBURG SMITHSBURG RD REIFF CHURCH RD W WASHINGTON ST CHEWSVILLE RD SECURITY RD MARSHALL ST LEITER ST NEWCOMER RD WAGAMAN RD AIR VIEW RD GARIS SHOP RD EASTERN BLVD N INDEPENDENCE RD GOVERNOR LANE BLVD KENDLE RD BOWER AVE WALNUT PT W POFFENBERGER RD DURBERRY RD POPLAR GROVE RD N MAIN ST PARK LN PANGBORN BLVD RAMP KIEFFER FUNK RD HUMP RD GOSSARD MILL RD GEISER WAY TROVINGER MILL RD NORTHERN AVE HEBB RD HICKSVILLE RD DAY RD MASSEY BLVD DALEY RD BRADBURY AVE MAUGANS AVE HERMAN MYERS RD OAK RIDGE DR LYLES DR E OAK RIDGE DR CRESSPOND RD SHERMAN AVE SASHA BLVD WASHINGTON AVE CINDY LN BYRON DR VIEW ST GARDEN VIEW RD HOWELL RD MOUNT TABOR RD AMANDA DR EMMERT RD ELLIOTT PKWY N BURHANS BLVD HARP RD N LOCUST ST TWIN SPRINGS DR ALPINE DR OUTER DR GARLAND GROH BLVD HAVEN RD LINWOOD RD SWANN RD E FIRST ST BELVIEW AVE PONDSVILLE RD SALEM CHURCH RD HAMILTON BLVD LINCOLN AVE SPRUCE ST KENLY AVE ALLEY S ARTIZAN ST NOLAND DR CLINTON AVE VILLAGE MILL DR COLE RD CARTER LN E WILSON BLVDPOPE AVE CRAMERS ALY E FRANKLIN ST W WATER ST E POTOMAC ST N MULBERRY ST WRIGHT RD DAISY DR ROSS ST SPIELMAN RD EDWARD DOUB RD ANTIETAM DR PIN OAK RD YALE DR CLUB RD HERSHEY DR S MAIN ST STEVENSON RD WILD CHERRY LN SHOWALTER RD AIR PARK RD BATTLETOWN RD SHAWLEY DR FOUNTAIN HEAD RD NEWGATE BLVD ABBEY LN NEEDYS LN N PROSPECT ST MILL ST E ANTIETAM ST JENNIFER LN CHESTNUT ST INDIAN LN GROVE RD KUHN AVE YORK RD HARTLE DR MITCHELL AVE CAVETOWN CHURCH RD BROADFORDING CHURCH RD ACADEMY LN CORELLO DR HONEYFIELD RD BOWMAN AVE CAMDEN RD COFFMAN AVE MAIN AVE DA WRONG LN MARION ST LEAF ALY BLUE HERON LN CROSSFIELD RD NOTTINGHAM RD WALTZ RD PRESTON RD W IRVIN AVE OTOOLE DR CORNELL AVE ARNETT DR WEAVER AVE S CANNON AVE ROCK BOTTOM LN VOLVO WAY HAMPTON RD PEACOCK TRL REPUBLICAN AVE E SUNSET AVE CORBETT ST INDUSTRIAL LN PHEASANT TRL S LOCUST ST WAKEFIELD RD JEFFERSON ST LEONA AVE PULASKI DR MANSE RD BUFORD DR DEVONSHIRE RD S EDGEWOOD DR N POTOMAC ST BRUCE LN S WALNUT ST ENGLEWOOD RD BEAVER CREEK CHURCH RD W ANTIETAM ST ROCK HILL RD AUTO PL SANI LN LIBERTY ST ACADEMY DR AILANTHUS DR OSWALD LN BURNSIDE AVE TERPS BLVD WINTER ST EARTH CARE RD ROULETTE DR E MEMORIAL BLVD ROYAL RD S CONOCOCHEAGUE ST ALCOTT RD W POTOMAC ST PARADISE DR SWEENEY DRPINESBURG RD BUSINESS PKWY BRYAN PL JUGTOWN RD E BALTIMORE ST GLENWOOD AVE DUSTY LN MAY ST PINEHILL DR SUNRISE DR WISHARD RD S CLIFTON DR WOODPOINT AVE N COLONIAL DR CHARTRIDGE DR PINE ST RED BRICK LN ROSE HILL AVE HAMAKER LN KAISER CT BLUEBIRD AVE E WATER ST ROSEWOOD DR BOVEY LN KENDING LN MEDWAY RD RIDGE AVE CAMEO DR CONNOR DR DUMBARTON DR WANDERING LN HEATHER DR FLORIDA AVE RAILWAY LN FIERY SIDING DR S MULBERRY ST FAIRFAX RD ALLEY 11 W OAK RIDGE DR POINT SALEM RD LANVALE ST HEATHER RIDGE RD KELSO DR PARKWOOD DR GARDENHOUR RD BARTOW DR ARCC LN EASTERDAY CT OPAL CT KEENER RD KELLEN DR ALLEN AVE SHALOM LN TROTTER DR ROLLING RD GEORGIA AVE EDEN DR JONATHAN ST WINDY HAVEN RD PEMBROKE DR LANDFILL RD PROFESSIONAL BLVD ELDRIDGE DR GEORGE ST EASTWOOD DR PATRICK RD E MAPLE ST SMITHFIELD FARM LN PROSPECT AVE LAKESIDE DR DAYCOTAH AVE ORIOLE DR SUMMERLIN DR PIPER LN RIPPLE DR COOPER LN BRIGHTWOOD DR TRACYS LN JERRY DR BRYNWOOD ST BLUEBELL DR AVON RD CATAWBA PL CITY PARK DR LONDONTOWNE DR CEDARFIELD RD DILLER DR CLOVERTON LN COVENANT WAY MULBERRY AVE W LEE ST SCHOLAR DRCREST DR AMESBURY RD SASSAN LN LONG RIDGE DR LANGLEY DR RED OAK DR BRAMLY DR BURKHOLDER LN TAMMANY MANOR RD KEY AVE BLAKE RD HARVARD RD HALIFAX DR HOSTA DR ARMSTRONG AVE FAIRCHILD AVE MEDICAL CAMPUS RD DIXIE DR ESSEX DR ALLEY 17 CATHEDRAL AVE TURNERS LN STILL MEADOW RD MESA TER WESTWOOD ST CRAYTON BLVD GUILFORD AVE LABEL LN BAILEY RD PEACHTREE LN WOODSIDE DR SPRINGFIELD LN DEWEY AVE ALLEY 12 ALY EMERSON DR MAPLE AVE BIVENS LN SOUTH POINTE DR MANN LN GARDEN SPOT DR E WASHINGTON ST HOLIDAY DR ALL STAR CT S POTOMAC ST STAR DR PARK RD HAWK DR LONGSTREET DR ACADEMY TER STANFORD RD RAILROAD LN LINBAR DR CONCORD ST BLACK ANGUS RD SAINTS LN WHITE OAK RD THE TERRACE LEXINGTON AVE MISTY ACRES DR JOHN MARTIN DR GREENHILL DR PATRIOT WAY CAVALRY DR ELLIS CT LINKS VIEW DR KIALANI DR SHALE DR KENT AVE HURD RD HIBISCUS DR ORCHID DR OVERHILL DR GENTRY DR SUFFOLK DR BLUE RIDGE RD WILLARD ST OAK RIDGE PL MELODY LN WOODHAVEN DR STAGECOACH DR OAKMONT DR WALNUT HL SEMINOLE DR PROFESSIONAL CT EMERALD DR HENSON BLVD RINGGOLD ST INTERVAL RD GRAFTON LN SYCAMORE DR LEARNING LN FRANKS RUN RD GRAND OAK DR FEDERAL LOOKOUT RD STONE VALLEY DR FOXFIRE LN INGRAM DR BROOK LN SCOTT HILL DR OLD GEORGETOWN RD BASORE DR JONES CHAPEL LN TROY LN CEDAR HILLS DR ALLEY 2-82 STOTLER RD WAREHAM PLTRICKLING SPRING LN DANMAR LN MEADOW ROCK DR EQUESTRIAN LN JEFFERY DR VENTURE DR SHEA DR BENNIE DR WINSTON DR LUTHER DR CAMILLE CT COLTON CT GAYWOOD DR ALLEY 4 E GREEN ST MONROE AVE JOHN F KENNEDY DR STARS LN MERIDIAN DR CALVERT TER MUSEY AVE ALLEY 5-66 WAYSIDE AVE OAK VALLEY DR STEPHANIE LN PARK PL MEADOWBROOK RD CAROLYN ST LUELLA PL MOSBY DR MOATS RD PAUL SMITH BLVD SHAHAN RD CENTRAL AVE FOUNTAIN TER JOEL CIR WARRENFELTZ LN SELEMA DR HAGER ALY AMANDA LN EASTERN BLVD S AMERICAN WAY HIGHPOINT DR MATTLEY DR CAMBRIDGE DR REDAMAR DR ARCHER LN POTOMAC AVE DECKER AVE PLANTATION DR LOCKWOOD RD BEARD SPUR LAGOON RD GLENDALE DR S COLONIAL DR WABASH AVE E CHESTNUT ST CYPRESS ST PRIMROSE LN FRY AVE WHITESTONE CT MARVIN AVE REDWOOD CIR MERRBAUGH DR HICKORY LN GARDENWOOD DR TILLMAN AVE BLOYERS AVE BEAR CREEK DR SPRING VALLEY DR WOODBRIDGE DRHIGHLAND WAY SAMUEL CIR PAPS LN KEY CIR COUNTRY CLUB RD CHADS TER EL PASO DR EMERALD POINTE DR TROUT DR HOOSIER CT WILD ROSE LN LANCE CIR ZINNIA LN BUELL CT JOHN WAYNE DR BLACK ROCK LN TROPICANA DR HAYES AVE ROESSNER AVE CAPITAL LN JOHNSON DR E POPLAR ST RYELAND LN HOLLYMEAD TER WESLEY DR DOVER DR LEON DR ELMWOOD RD HIGHLANE ST HOSPITAL WAY BOBWHITE LN DOWNSVILLE RD HAVEN HILL DR INSURANCE WAY ALLEY 5-56 CRESTWOOD DR CLEARVIEW RD PROSPERITY LN MARIGOLD DR JAY DR WATER WORKS RD CONRAD CT CREEK VIEW DR LARKSPUR LN CAFOXA DR FRENCH LN VALENTIA FARM RD MAR ROCK DR COUNTRY STORE LN SIMCHA ST VALLEYBROOK DR SULLIVAN RD RHODODENDRON DR ANDERSON DR CLEAN WATER CIR WOODBURN DR BOWLING LN CORTLAND DR IRENE DR DEER LODGE DR FAIRGROUND AVE CHIPS CT AYERS ALY SHERIDAN AVE GREENDALE DR HOPSCOTCH LN EXETER CT WILKES CIR SWORD RD ASHLEY DR SHIFLER LN ATLANTA CT E CEMETERY ST SAM LN SUMMERS LN DIAMOND POINTE DR THE HTS MORNING GLORY LN TANDY DR PERINI AVE GREENWOOD DR MADISON AVE FENTON AVE PHYLANE DR REVERE RD BEVERLY DR ALLEY 2-105 KEPLER DR KILPATRICK CT YOUNGSTOUN DR PARTRIDGE TRL ROSEBANK WAY RED GLO LN REDBUD LN SILVERLEAF WAY LEON GRIMM DR LYNNEHAVEN DR NORTHRIDGE DR PONTIUS LN HORST LN JUNE AVE ALLEY 2-85 REGENT CIR WOODLAWN DR GROVE CREEK CIR SURREY AVE DROP RD MILESTONE TER MINER AVE PINE GROVE WAY HOLT CIR CRABAPPLE LN WHITE THORN CT SPRIGGS RD SUNBROOK LN SUNNY KNOLL LN KASINOF AVE TRACK SIDE RD SUMANS AVE GANDER LNMCGREGOR DR RUFUS WILSON RD SENECA RIDGE DR HAWKINS CIR PROGRESS WAY COLD SPRING RD KIMLER LN ENTERPRISE LN ALLEY 5-62 CARTY LN PICKETT CT BINKLEY AVE BRAEBURN DR DRURY LN S WESTSIDE AVE THORNHILL DR WATER ST EMERALD SQ ALLEY 1 DALE ST ALLEY 3-19 MCRAND CT DANIELS CIR GORDON CIR MURDOCK AVEELLIOTT PL LINCOLNSHIRE RD ARNOLD LN EDITH AVE ALLEY 4-13 ALLEY 4-19 RUSH RUN RD ROCKCLIFF DR COOK ST WISDOM WAY SUN VALLEY DR NORFORD DR COTTAGE CT NISWANDER RD LOMBARD ST SPUR RDGROUSE LN S PUTTER DR CRANBERRY CT ALLEY 1-108 CAPSTONE DR SUTERS ALY JADE CT SAKECH LN CRESAP DR CAVALIER CT ALLEY 2-139 MIKIE DR CALDWELL CT RUBY CIR WALTERS VW BYRKIT DR ALLEY 5-14 W DOUGLAS CT KAYLA LN GARDEN LN MCSWAIN LN CANAL ST BREWER AVE HIGHVIEW CT REEDY PKWY MATTHEW'S AVE GARST CT RAMP RAMP RAMP RAMP INTERSTATE 70 RAMP RAMP S POTOMAC ST RAMP FAIRVIEW RD RAMP RAMP RAMP RAMP RAMP RAMP RAMP RAMP RAMP RAMP RAMP RAMP RAMP RAMP INTERSTATE 81 RAMP AIR VIEW RD RAMP RAMP RAMP ALLEY RAMP RAMP RAMP RAMP PARK RD RAMP RAMP RAMP DUAL HWY RAMP RAMP RAMP RAMP RAMP RAMP RAMP ALLEY RAMP RAMP ANTIETAM DR RAMP RAMP ALLEY NATIONAL PIKE ALLEY CEARFOSS PIKE RAMP ALLEY 4 VOLVO WAY RAMP ALLEY RAMP RAMP RAMP RAMP RAMP 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L? t All � chi I�] c� z o ' z Z ¢ ci c�.i chi i1 ti cc°i <s ci ci HMA ROAD LISTING PROJECT NO. 28-255 MILE Location PATCH & OVERLAY St Marys Court Beaverbrook Drive Cul-de-sac 0.05 East Montgomery Court Beaverbrook Drive Cul-de-sac 0.05 East Wicomico Court Beaverbrook Drive Cul-de-sac 0.04 East Cecil Court Beaverbrook Drive Cul-de-sac 0.04 East Allegany Court Beaverbrook Drive Cul-de-sac 0.04 East Harp Road Jefferson Boulevard Dead End 0.53 Central Bradford Drive Barbara Drive Greenhill Drive 0.20 Central Barbara Drive Greenhill Drive Bradford Drive 0.06 Central Greenhill Drive Jefferson Boulevard Bradford Drive 0.38 Central Turners Lane Jefferson Boulevard Dead End 0.20 Central Crayton Boulevard Maugans Avenue Transition 0.37 Central Amber Drive Clover Leaf Drive Dead End 0.48 Central Cloverleaf Drive Roessner Avenue Bower Avenue 0.37 Central Flower Avenue Roessner Avenue Graystone Drive 0.07 Central Graystone Drive Amber Drive Dead End 0.14 Central Reedy Parkway Bower Avenue Dead End 0.09 Central Mikie Drive Edward Doub Road Cul-de-sac 0.08 Central Teakwood Drive Eastwood Drive Parkwood Drive 0.20 Central Mahogany Circle Mahogany Drive Cul-de-sac 0.07 Central Mahogany Drive Teakwood Drive Eastwood Drive 0.23 Central Cherry Hill Drive Eastwood Drive Parkwood Drive 0.15 Central Pinewood Circle Cherry Hill Drive Cul-de-sac 0.07 Central Lauran Road Northern Avenue Preston Road 0.23 Central Orchard Terrace Road Crofton Road Fountain Head Road 0.30 Central Waldron Place Orchard Terrace Road Lauran Road 0.11 Central King Road Boonsboro Town Boundary Transition 0.96 South Sub Total 5.51 MILL & OVERLAY Sterling Road Bower Avenue Edward Doub Road 0.85 Central Cearfoss Pike Greencastle Pike Shinham Road 1.19 Central Howell Road Mt Aetna Road S Edgewood Drive 0.76 Central Day Road Dual Highway Landis Road 0.33 Central Redamar Drive National Pike Cul-de-sac 0.37 Central N Pennsylvania Avenue Grove Circle Church Entrance 0.65 West Beaverbrook Drive Seminole Drive Transition 0.59 East Seminole Drive Comanche Drive Beaverbrook Drive 0.08 East Leitersburg Smithsburg Road Smithsburg Transition Stevenson Road 0.35 East Sub Total 5.17 PATCH & CRACKFILL Leitersburg Smithsburg Road Stevenson Road Leitersburg Town Square 3.02 Central Longmeadow Road Pennsylvania Avenue North Pointe Drive 0.34 Central Maugans Avenue I-81Ramp Transition Pennsylvania Avenue 0.80 Central Maugansville Road PA Line Hagerstown City Limits 3.91 Central Sub Total 8.07 Total Miles 18.75 ROAD NAME FROM TO LENGTH WCHD Section RL-1