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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
May 15, 2018
Agenda
07:30 A.M. ANNUAL EMPLOYEE SERVICE AWARDS BREAKFAST
Location: Hager Hall Conference & Event Center, 901 Dual Highway, Hagerstown
09:00 A.M. DEPART FOR 100 WEST WASHINGTON STREET, SUITE 1113, HAGERSTOWN
09:30 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES –MAY 8, 2018
09:35 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 consult with counsel to obtain legal advice on a legal
matter.)
10:10 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:15 A.M. REPORTS FROM COUNTY STAFF
10:20 A.M. CITIZENS PARTICIPATION
10:25 A.M. DELIBERATION / CONSENSUS DECISION ON APPLICATION FOR ZONING
MAP AMENDMENT RZ-17-003, DOWNSVILLE LAND, LLC – Travis Allen,
Comprehensive Planner, Planning and Zoning
10:35 A.M. DEPART FOR VALLEY MALL (MISSION BBQ) 17301 VALLEY MALL ROAD,
HAGERSTOWN
11:00 A.M. NATIONAL POLICE WEEK, MAY 13, 2018 – MAY 19, 2018
12:30 P.M. DEPART FOR 100 WEST WASHINGTON STREET, SUITE 1113, HAGERSTOWN
01:00 P.M. RECOGNITION OF JOHN KLINE, WATER DISTRIBUTION MANAGER ON
RECEIPT OF MARYLAND RURAL WATER ASSOCIATION DISTRIBUTION
OPERATIONS SPECIALIST OF THE YEAR – Dan DiVito, Deputy Director of Water
Quality
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.
01:10 P.M. BID AWARD (PUR-1379) VIDEO PRESENTATION SYSTEM FOR THE
WASHINGTON COUNTY CIRCUIT COURT – Brandi Naugle, Buyer, Purchasing
Department and Michelle Hansen, Circuit Court
01:15 P.M. CONTRACT RENEWAL (PUR-1250) HEATING, VENTILATING, AIR
CONDITIONING AND AUTOMATIC TEMPERATURE CONTROLS
MAINTENANCE SERVICE - Brandi Naugle, Buyer, Purchasing Department and John
Pennesi, Deputy Director, Parks & Recreation
01:20 P.M. CONTRACT RENEWAL (PUR-1251) ELECTRICIAN SERVICES AT COUNTY
FACILITIES – Brandi Naugle, Buyer, Purchasing Department and John Pennesi,
Deputy Director, Parks & Recreation
01:25 P.M. CONTRACT RENEWAL (PUR-1310) UNIFORMS FOR WASHINGTON COUNTY
SHERIFF’S OFFICERS – Brandi Naugle, Buyer, Purchasing Department and Cody
Miller, Washington Co. Sheriff’s Office
01:30 P.M. HARRY E. BENTON, JR. RURAL LEGACY PROGRAM AND AGRICULTURAL
CONSERVATION EASEMENT PROGRAM - Eric Seifarth, Rural Preservation
Administrator and Chris Boggs, Land Preservation Planner, Department of Planning &
Zoning
01:40 P.M. LYLE S. & APRIL J. FIRNHABER RURAL LEGACY PROGRAM AND
AGRICULTURAL CONSERVATION EASEMENT PROGRAM EASEMENT - Eric
Seifarth, Rural Preservation Administrator and Chris Boggs, Land Preservation Planner,
Department of Planning & Zoning
01:50 P.M. 2018 HOUSING BOND ALLOCATION TRANSFER – Stephen Goodrich, Director,
Department of Planning & Zoning
02:00 P.M. BREAK
05:30 P.M. BUDGET HEARING
Location: Hagerstown Community College, Kepler Theater, 11400 Robinwood Drive,
Hagerstown
Open Session Item
SUBJECT: Deliberation/Consensus Decision on Application for Zoning Map Amendment
RZ-17-003, Downsville Pike Land LLC
PRESENTATION DATE: May 15, 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: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION I 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 � Hagerstown, MD 21740 @ P: 240.313.24301 F: 240.313.24311 TDD: 7-1-1
WWW.WASHCO-MUNET
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
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Search Result for WASHINGTON COUNTY
View Mali
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 L 6 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
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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
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Real Property Data Search w3
Search Result for WASHINGTON COUNTY
View Map
View GroundRent Redemption
View Ground Rent RegistraG,m
Account Identifier:
District - 26 Account Number - 023173
Owner Inforration
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: /05488100165
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 0.0010 00
00010.00
Tax Exempt:
Special Tax Recapture:
Exempt Class:
NONE
Homestead Application Information
Homestead Application Status: No Application
Homeowners' Tax Credit Application Informalion
Homeowners' Tax Credit Application Status: No Application Date:
http://sdat.dat.maryland.gov/RealProperty/Pages/default.aspx tAHiBiT.,, _13, .� 7/11/2017
, BOOK: 5488 PAGE: 165
NE
Tri-State Signature Settlements, LLC
File No. TE-10106M
Tax ID# 26023173
lrbig; �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,
lftreag, 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 congiberatiort 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
1bi i a� i� _..
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.
"Loweire
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 q�
TOTAL
Lk - Deed (w Taxes)
Recording Fee - ALL
20.00
Name: downsville pike
Ref:
LR - County Transfer
Tax. - linked 625.99,
LR - Surcharge -
linked 40.00
LR - Recordation Tax, -
linked 1,330.00
LR - State Transfer
Tax - linked E15.00
LR - NR Tax - lkd 0.00
SubTotal: 2,✓}90-00
Total: ---------3,423 00
04/26/2017 20:52
CC21-TR
#8254008 CC0403 -
Washinpton
County/CC04.133.04 -
Reolster 04
- 'STA. 34161.03 aq R7E. WSn
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OF %ASHINGTON COUNTY. VARYLAND AI Y `• L7AIr a T., IR rXTE. un B ACCESS
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ohs• WILLIAM D. RICE, ET UX ?,
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DEPARTMENT OF. TRANSPORT-ATION:
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OF WAY PROJECT NO. WA933031
IL AID PROJECT -No. fill.70-1 04)N
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'wATa .MYc PLAT No. 54605
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, Ma land 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
EXHIBIT B
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REZONING EXHIBIT B
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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 I70 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 Corp. v. Rodgers Forge
Community Ass'n., 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;
M
(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 170, 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 ol the 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 County
Commissioners for Prince George's County, Maryland, 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. Montgomery, 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 170. 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 I70 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." Tlic 13ow1W111 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
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Washington County]
M A R Y L A N D
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING. LAND PRESERVATION o FOREST CONSERVATION I GIS
September 8, 2017
Application for Map Amendment
Staff Report and Analysis
Case #: RZ-17-003
Property Owner(s)
Downsville Pike Land, LLC
Applicant(s)
Christopher R. Smith
Location
NW side of Downsville Pike, % mile North of 1-70
Election District :
#26 — Halfway
Comprehensive Plan
Designation
Low Density Residential
Zoning Map
57
Parcel(s)
P. 210 & P. 408
Acreage
1.60 acres (P. 210: 1.10 ac; P. 408:.50 ac)
Existing Zoning
RS — Residential, Suburban
Requested Zoning
HI — Highway Interchange
Date of Hearing:
September 25, 2017
I. Background and Findings Analysis:
1. Site Description
The subject parcels are located along the northwest side of Downsville Pike, approximately .25 miles
north of Interstate 70. The total acreage of the two parcels that are the subject of this rezoning case is
1.60 acres. Each is described below:
Subject Parcel #1: Tax Map 57; Grid 002; Parcel 210 — The parcel has a regular
rectangular shape consisting of 1.10 acres. A single family detached residence and a
dilapidated accessory structure sit currently on the parcel, accessed from Halfway
Boulevard. The property sits atop a small hill which slopes moderately to the southwest
towards Marty Snook Park. Mature trees and brush cover much of the parcel. There are
no environmentally sensitive areas on the property.
Subject Parcel #2: Tax Map 57; Grid 002; Parcel
408 — The triangular shaped parcel comprises
.50 acres. The Anita Rice House (historic site
WA-1-692) is located on the parcel, and is
currently in poor condition. Mature trees and
brush surround the house, which sits mid -slope
between Parcel 210 and Parcel 329. There are
no environ-mentally sensitive areas on the
property.
100 West Washington Street, Suite 2600 Hagerstown, MD 21740 240.313.2430 240.313.2431 7-1-1
WWW.WASHCO-MRNET
Staff Report and Analysis
RZ-17-003 Downsville Pike Land LLC
Both properties are located within the Urban Growth Area that surrounds the City of Hagerstown and
the Towns of Williamsport and Funkstown. An intermittent stream, Saint James Run, separates adjacent
parcel 329 from the Park at the base of the hill, just offsite.
2. 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 show long term population trends both in the
election district of the proposed rezoning, as well as the overall trends of the County.
The two parcels subject to this rezoning are located within the Halfway Election District (#26). As
shown in the table below, the population in this district has grown more slowly than the County has over
the thirty year time frame between 1980 and 2010. District 26 has grown 13.54% over the thirty year
period (.45%) per year while the County as a whole has increased in population by 30.36% (1.01% per
year) during the same period. Both jurisdictions experienced their greatest population increase between
2000 and 2010, within the time period in question.
Table 1: Halfway Election District Population Trends
Population
Trends 1980 - 2010
Year
Area
Population
ro change from
previous
decade
1980
District
9489
County
113086
1990
District
9418
-0.7%
County
121393
7.3%
2000
District
9854
4.6%
County 1
131932
8.7%
2010
District 1
107741
9.3%
County 1
1474301
11.7%
Source: US Census Bureau
3. Availability of Public Facilities
A. 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 implernenting
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:
WI -Existing Service (County Line — City Treatment)
l Washington County, Maryland Water and Sewerage Plan 2009 Update, Page I-2
2
Staff Report and Analysis
RZ-17-003 Downsville Pike Land LLC
Both parcels are served by existing (W-1) public water facilities as they are located within the
Urban Growth Area. Water distribution lines in this area are owned by the County while treatment is
provided by the City of Hagerstown. Areas immediately adjacent to the subject properties, along
Downsville Pike are designated as W-3, programmed service (City), in the County's 2009 Water and
Sewerage Plan. The City of Hagerstown Water Division offered no comment on the proposed develop-
ment when sent the application for review.
Wastewater:
W1-Existing Service (County)
The subject parcels are served by existing (W-1) public sewerage facilities within the Urban
Growth Area. The County provides wastewater service for this area at the Conococheague Wastewater
Treatment Plant. Adjacent areas along Downsville Pike are also programmed for service (W-3) by the
County within its Water and Sewerage Plan.
The Department of Water Quality is the wastewater provider for this area and, therefore, the
application was sent to the Department of Water Quality for review and comment. The Department had
no comments for this application.
B. Emergency Services
Fire and Emergency Services:
Volunteer Fire Company of Halfway (1114 Lincoln Avenue) — 1 mile away
Parcels 210 and 408 are located within the service area of the Volunteer Fire Company of
Halfway. This same entity also provides the nearest emergency rescue services. Their station is located
approximately 1 mile away from the properties subject to the rezoning.
A copy of this application was sent to the Halfway Fire Company as well as to the Washington
County Division of Emergency Services. No comments were received.
Schools
The subject site is within the districts of Lincolnshire Elementary, Springfield Middle and Williamsport
High schools. The requested zoning classification, Highway Interchange (HI), does not allow for
residential development. Therefore, there would be no school capacity mitigation requirements for
pupil generation under the County's Adequate Public Facilities Ordinance.
4. Present and Future Transportation Patterns
Highways — Access and Traffic Volume
Halfway Boulevard (which borders parcel 210 to the north) and MD 632/Downsville Pike (borders
both subject parcels to the east) are both classified as minor arterial in the Transportation Element of the
County's 2002 Comprehensive Plan. This classification accounts for mobility and access characteristics
of the roadway in its categorization. Minor Arterial roads are designed to carry between 5,000 — 25,000
Average Daily Traffic in urban areas. The County's road classification system is based upon the Federal
Highway Functional Classification System, but modified to reflect local road conditions.
Parcel 210 has approximately 300 feet of road frontage on Halfway Boulevard, extending from
the intersection of Halfway Boulevard and Downsville Pike to the northwest. The two parcels combined
have approximately 500 feet of road frontage on Downsville Pike, extending south from this same
intersection.
3
Staff Report and Analysis
RZ-17-003 Downsville Pike Land LLC
The southbound and northbound travel lanes on Downsville Pike are divided by a median. This
median extends north of the Halfway Boulevard intersection for approximately 500 feet until ending near
Ventura Drive. It runs south of this intersection for approximately Y2 mile until ending at the 1-70E off -
ramp. The median then extends briefly again for approximately another 600 feet as Downsville Pike turns
southwest.
At present, no new major roadway projects affecting capacity or traffic flow realignment are
currently slated to occur in the immediate vicinity of the subject parcels on County, State or Federal
roads, according to a review of short and long term transportation planning documents.
Of roads in the vicinity of this rezoning application, the Hagerstown/Eastern Panhandle MPO's
current Long Range Transportation Plan (Direction 2040) proposes the widening of 1-70 to six lanes
throughout the County, including the segment that runs just south of the subject parcels. These proposed
improvements have not yet obtained funding or approval at this time. The County's 2002 Comprehensive
Plan also calls for widening of 1-70 between the Frederick County Line and the MD 63 interchange within
its Transportation Element.
In addition to evaluating public access of a parcel for rezoning purposes, it is also important to
evaluate traffic generation and existing traffic volumes. This is commonly accomplished through analysis
of historic and existing traffic counts as well as any existing traffic impact studies. The intersection of
Halfway Boulevard and Downsville Pike, located immediately adjacent to the two parcels to the northeast,
offers a proximate location which has had recorded traffic counts from the Maryland State Highway
Administration (SHA) throughout the time period shown below. The traffic volume data shown in the chart
is expressed in annual average daily traffic volumes.
Table 2: Traffic Volumes 1980-2015
Year
Downsville Pike
Halfway Blvd
2015
12,361
2010
12,152
2005
13,175
2000
6,900
1995
6,250
1990
14,600
1985
11,000
Source: Maryland State Highway Administration
As shown in the table above, traffic volumes have remained relatively consistent during the last
ten years. Traffic volumes have grown 1.7% between 2010 and 2015. The significant dip in traffic
volumes at this location between 1995 and 2000 is likely explained by 1-70 interchange construction
during that same period, causing traffic to divert onto other roads. Accordingly, the sharp increase in
traffic volume in 2005 at this location coincides with the project's completion.
The State Highway Administration had no comment after receiving a copy of the rezoning application.
The zoning application was also sent to the Division of Plan Review and Permitting and they have
supplied the following comment regarding traffic impacts:
Engineerinq Plan Review: `Any development of the area to be rezoned that generates a large
amount of traffic may require a new access location onto Halfway Boulevard. Any access
location onto Halfway Boulevard will necessarily be in close proximity to the intersection with MD
632, which may result in traffic flow issues. A traffic study may be required to determine, among
other things, the impact on MD 632/Halfway Blvd intersection. In addition, Halfway Boulevard is
classified as a minor arterial which requires a minimum 500 feet spacing requirement between
access locations. Any new access onto Halfway Blvd would have to meet that requirement. "
El
Staff Report and Analysis
RZ-17-003 Downsville Pike Land LLC
2. `Any proposed development will require a site plan prepared in accordance with Zoning
Ordinance Article 4, Section 4.11 to be submitted, reviewed, and approved by the Washington
County Plan Review Department."
3. "New development will have to meet the requirements of the Highway Interchange District found
in Article 19 of the Washington County Zoning Ordinance. In particular, additional buffer yards
with solid fencing and vegetative screening will be required between the HI zoned property and
the adjacent Residential Suburban zoned properties."
Public Transportation
This area is not served by public transportation. Routes 111 and 112 (Valley Mall Via
Rosehill/Summit) of the Washington County Commuter both travel south along Downsville Pike to its
intersection with Oak Ridge Drive, roughly %2 mile north of the subject parcels, but the routes then
continue to the northwest along Oak Ridge Drive.
5. Compatibility with Existing and Proposed Development in the Area:
Both of the subject parcels are currently zoned Residential Suburban (RS) and both are requesting a
change to Highway Interchange (HI). The purpose of the HI zoning district is:
"...to provide suitable locations for commercial activities or light industrial land uses 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 access by a large number of
employees, or the receipt or shipment of goods by highway vehicles... "2.
Select principal permitted uses within this zoning district include retail trades, businesses and
services, including but not limited to the following and any use permitted in the BL District, drive-in
restaurants, hotels, animal hospitals, auto sales and service establishments and more. New
development in a BG zoning district must be served by public water and sewer facilities.
There is a mix of zoning classes in the immediate vicinity of the two parcels (red box) in question,
as shown in Map 1 on the next page. Residential Suburban surrounds the properties to the north and
west above Interstate 70. The RS block gives way to Residential Urban just beyond that, in those same
directions. To the northeast is a Residential Multifamily (RM) district, while Highway Interchange (HI) lies
due east across Downsville Pike above 1-70. Below 1-70, one finds HI to the southwest; Office, Research
and Industry (ORI) to the south and Residential Transition (RT) to the southeast.
In terms of land use in the area surrounding the rezoning, residential and parkland dominate
north of 1-70. Marty Snook Memorial Park borders the subject parcels to the west. A park and ride lot is
immediately south of adjacent parcel 329. Health at Work, a health care facility in the Meritus system, is
just northeast of Halfway Boulevard. Callas Contractors, a construction firm, is found just after the 1-70
underpass on Downsville Pike to the south. A small cluster of mostly retail businesses is found at the
intersection of Downsville Pike and Oak Ridge Drive roughly'/ mile northeast.
2 Washington County Zoning Ordinance, Section 19.1, Purpose
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RZ-17-003 Downsville Pike Land LLC
Map 1: Surrounding Zoning Classifications
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A. Historic Sites
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 approximately 6 historic sites located within a 0.5 mile radius of the proposed rezoning areas. One of
the six historic sites, the Anita Rice House, is located within the boundary of parcel 408, which is subject
to this rezoning. Below is a listing of existing historic resources left within a 0.5 mile radius of the subject
parcels.
Existing historic sites onsite:
• WA-1-692: "Anita Rice House" ca. 1900-1910, vernacular, 2-story wood frame dwelling located
within Parcel 408.
Existing historic sites within % mile: (Marsh Head land grant)
• WA-1-691: "Eldridge Tenant House," ca. 1900 vernacular , 2-story wood frame dwelling
constructed as employee housing for adjoining Shafer Farm (.25 miles away).
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RZ-17-003 Downsville Pike Land LLC
• WA-1-264: "Shafer Farm," mid-19th agricultural complex encompassing five buildings including a
2-story brick farmhouse, two barns, smokehouse and stone springhouse associated with
prominent early residents of Washington County (1/3 mile away).
• WA-1-388: "David's Friendship," 18th century, 2-story stone farmhouse associated with prominent
early residents of Washington County (1/2 mile away).
• WA-1-389: "Thomas -Adams House," late 19th century 2-story brick farmhouse and wash house
outbuilding associated with prominent early residents of Hagerstown (1/2 mile).
• WA-1-376: "Stockslager Farm," mid-19th century 2-story brick cased log house now converted to
commercial through property adaptive reuse (1/2 mile).
6. Relationship of the Proposed Channe to the Adooted 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.
Each of the properties is located in the sub -policy area Low Density Residential. The Comprehensive
Plan offers the following definition for this policy area:
"This policy area designation would be primarily associated with single-family and to a
lesser degree two-family or duplex development. It is the largest policy area proposed for
the Urban Growth Area and becomes the main transitional classification from the urban
to rural areas. "3
7. "Chance or Mistake" Rule
When rezonings are not part of a comprehensive rezoning by the governing body, individual map
amendments (also known as piecemeal rezonings) are under an obligation to meet the test of the
"Change or Mistake" Rule. The "Change or Mistake" Rule requires proof by the applicant that there has
been either: a substantial change in the character in of the neighborhood since the last comprehensive
zoning plan, or a mistake in designating the existing zoning classification.
As part of the evaluation to determine whether the applicant has proven whether there has been
either a change or mistake in the zoning of a parcel, the Maryland Annotated Code Land Use Article and
the Washington County Zoning Ordinance state that the local legislative body is required to make findings
of fact on at least six different criteria in order to ensure that a consistent evaluation of each case is
provided. Those criteria include: 1) population change; 2) the availability of public facilities; 3) present
and future transportation patterns; 4) compatibility with existing and proposed development for the area;
5) the recommendation of the planning commission; and 6) the relationship of the proposed amendment
to the local jurisdiction's Comprehensive Plan.
Even when change or mistake has been sufficiently sustained, it merely allows the local
governing body the authority to change the zoning; it does not require the change. When conditions are
right for a change the new zone must be shown to be appropriate and logical for the location and
consistent with the County's Comprehensive Plan.
Staff Analysis:
The analysis of a rezoning request begins with a strong presumption that the current zoning is
correct. It is assumed that the governing body performed sufficient analysis, exercised care, and gave
3 2002 Washington County, Maryland Comprehensive Plan, Page 243
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adequate consideration to all known concerns when zoning was applied to a parcel of land. However,
there are instances by which a case can be established to show that the governing body either erred in
establishment of the proper zoning of a property or that enough change has occurred within the
neighborhood surrounding the property since the governing body's last assessment to require a new
evaluation of the established zoning designation.
The applicant of this case has indicated in their justification statement that they believe that there
has been both a mistake in the current zoning and a substantial change in the character of the
neighborhood since the last comprehensive rezoning in 2012. As noted in the prior section describing
the "Change or Mistake" Rule, the Washington County's Zoning Ordinance requires data to be presented
to the local legislative body on factors such as population change, present and future traffic patterns, the
availability of public facilities, the relationship of the proposed change to the Comprehensive Plan and its
compatibility with existing and proposed development in order to determine how the area subject to
rezoning has evolved over time.
A. Evidence for Mistake in the Current Zoning
In order to demonstrate that a mistake was made by the regulatory body in applying the existing
zoning classification to the parcel, the applicant must establish error occurred as a result of factors such
as:
1. A failure to take into account projects or trends probable of fruition;
2. Decisions based on erroneous information;
3. Facts that later prove to be incorrect;
4. Events that have occurred since the current zoning; or
5. Ignoring facts in evidence at the time of zoning application.
The last Comprehensive Rezoning in Washington County was completed in 2012, affecting the Urban
Growth Area that surrounds the City of Hagerstown and the towns of Williamsport and Funkstown. The
Rezoning affected approximately 17,000 parcels and 38,000 acres of land .4 Information such as
population projections, growth trends, transportation and infrastructure data, and the recommendations of
the Comprehensive Plan were considered as a part of this effort. The input of property owners, local
officials, County staff and the general public was also solicited and considered in the assignment of each
parcel affected by the Comprehensive Rezoning.
The applicant's primary assertion in offering proof that a mistake was made in the designation of the
current zoning classification is to question whether the location and characteristics of parcels 210 and 408
make them more representative of adjacent residential or commercially zoned areas. The applicant
contends that the Board of County Commissioner's erred in their decision during the 2012 UGA
Comprehensive Rezoning to rezone the land radiating northeast and southwest from the 1-70 interchange
to HI, but not the adjacent parcels which are the focus of this rezoning.
The applicant claims that factors such as the following were not fully considered by the Board in their
decision:
• The separation of parcels 210 and 408 from adjacent residential areas to the north and west
by Halfway Blvd and Marty Snook Park;
• The proximity of other commercial development to the east, and
• The proximity of the 1-70 interchange (both for its development potential and traffic impacts
on a residential use)
4 Washington County Ordinance No. ORD-2012-08
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For these reasons, the applicant feels that the subject parcels should have been considered similarly
situated to those located adjacent to the 1-70 interchange which were rezoned to HI in 2012 by the Board.
Given the Board's decision in 2012 was to retain the RS zoning classification for these parcels, we
can only conclude that the governing body judged that the site more closely fit the character of the nearby
residential neighborhoods than it did adjacent areas that either had or were given a commercial zoning
class.
We can surmise that there are good reasons for such a conclusion. As noted by the applicant on
multiple occasions within his justification statement, the parcel has a long history of residential usage.
Residential use on parcel 408 goes back more than 100 years, for example.
In addition to the established residential history of these properties, there are also challenges with
the existing transportation patterns. The location of the two parcels at the intersection of Halfway Blvd
and MD 632 presents a challenge in terms of access, as noted by SHA in their comments on page 5 of
this report. There is a concrete median running north and south along MD 632 from approximately 500
feet south of the intersection with 1-70 eastbound off ramp north to Venture Drive, with the only interrupted
area being at Halfway Blvd in the vicinity of the site.
It is evident from this configuration that the State Highway Administration is attempting to limit the
number of left hand turn movements in this vicinity due to its proximity with Interstate off ramps and high
volumes of traffic. While the developer may not be asking for an additional break in the median, creating
a retail destination area on these properties could increase the amount of U-turn traffic at the intersection
with Halfway Boulevard and create additional traffic issues at this intersection. Furthermore, there is very
limited road access to Halfway Boulevard. Almost the entire road frontage along Halfway Boulevard has
dual left turn lanes meaning that traffic entering the site will need to cross two lanes of on -coming traffic.
The alternative to access on the subject parcel would be to divert access to the entrance of Marty Snook
Regional Park. This presents a safer access point but then has an impact on the traffic related to the
park.
For these reasons, it is reasonable to assume that the local legislative body took in the relevant
factors and concluded that the continuation of the RS zoning class was a good fit at this particular
location.
B. Evidence for Substantial Change in the Character of the Neighborhood
In addition to the claim that the Board made a mistake in the application of the current zoning, the
applicant also argues that there has been a substantial change in the character of the neighborhood
since the time of the last comprehensive zoning plan. In order to demonstrate that a substantial change
has occurred in the character of the neighborhood since the passage of the last Comprehensive Zoning
Plan, the applicant must establish:
1. What area reasonably constitutes the "neighborhood" of the subject property,
2. The changes that have occurred in the neighborhood since the comprehensive rezoning;
3. Proof that these changes resulted in a change in the character of the neighborhood.
Maryland case law has consistently established that these factors must be considered cumulatively,
not individually, if the applicant is to demonstrate proof that a substantial change in the character of the
neighborhood has occurred. Correspondingly, a substantial change in any one individual factor doesn't
necessarily illustrate that substantial change has occurred in the neighborhood overall.
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C. Neighborhood Definition
In determining what reasonably constitutes the neighborhood surrounding parcels 210 and 408, we
again confront the challenge of answering the question presented within the prior "mistake" section: is this
site more similarly situated to nearby residential or commercial areas? The Applicant's Exhibit B presents
their interpretation of the boundaries of the neighborhood. While this Exhibit displays an aerial photo
utilizing a 1 mile radius around the site to encompass the "neighborhood," the applicant narrows down its
borders considerably by saying:
"The neighborhood that faces the same situation as the Site, in reality, is not the nearby
residential neighborhoods along Halfway Boulevard but more appropriately the
commercial corridor along Downsville Pike and near or adjacent to its interchange with 1-
70. ,s
While the concept of a neighborhood is flexible according to its geographical context, as the applicant
notes citing Montgomery v. Board of County Commissioners for Prince George's County (1971),
subsequent Maryland case law demonstrates that the neighborhood must be reasonable, not "unduly
restrictive" and include the "immediate environs of the subject property." s
The neighborhood defined by the applicant in the aerial photograph meets this test, appropriately
encompassing the influence of the commercial and residential areas that are immediately adjacent. The
applicant's above written statement however fails the "immediate environs" and "unduly restrictive" tests
that would render their interpretation of the neighborhood's boundaries fairly debatable by marginalizing
all of the surrounding property zoned for residential uses (zoning classes RS and RM) in the immediate
vicinity of the property to the west, north and northeast as being immaterial to the site. By extension,
Marty Snook Park, which is also zoned RS, and directly abuts the property on two sides, would also be
excluded by this narrow neighborhood definition. The applicant reinforced this narrowed interpretation by
highlighting the Downsville Pike commercial corridor in the application package provided to the planner.
D. Changes that have occurred in the Neighborhood
The applicant contends in their Justification Statement that a substantial change has occurred in the
character of the neighborhood since the 2012 Comprehensive Rezoning of the UGA. As evidence they
offer:
1. The rezoning of several adjacent parcels as a part of the 2012 Urban Growth Area Rezoning to
all for more intensive uses
2. An increase in annual average daily traffic at the intersection of Halfway Boulevard and
Downsville Pike from 2012 to 2015
3. The approval of a new Sheetz across Downsville Pike from the site
I. Zoning Changes in the Vicinity
Typically, piecemeal rezoning cases seeking to establish a claim that there has been a change in the
character of the neighborhood should use the last comprehensive rezoning of the area as their starting
point to illustrate substantial change. "Changes contemplated prior to the last comprehensive are
usually not relevant in determining whether a substantial change has occurred to support
rezoning of the property"'.
5 Applicant's Justification Statement, P.7
6 Sedney v. Lloyd, 44 Md. App. 633, 410 A.2d 616 (1980)
Guide to Maryland Zoning Decisions, 5°i Edition, Stanley Abrams referencing Maryland Court of Appeals Case
Buckel v. Board of County Commissioners of Frederick County, 80 Md. App. 305, 562 A.2d 1297 (1989)
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Though not typical, there have been cases whereby the Maryland Court system has provided leeway
for applicants to use zoning and other changes that occurred prior to the last comprehensive rezoning to
be used as evidence of a substantial change; however, they must be coupled with evidence showing
substantial change after the fact.
"Changes which may have occurred prior to the last comprehensive rezoning need not be
wholly disregarded when a change from that zoning is under consideration. It may be, as
was the case here, that it was a rather close question in the minds of the officials
concerned whether a change in the zoning of the land involved should not have been
made at the time of the last comprehensive zoning, and additional changes thereafter
may bring the zoning status of the land as to which action is sought over the line dividing
different zones. "s
In this case the applicant does not call out specific rezoning cases that occurred previous to the last
comprehensive rezoning adopted in 2012. Rather the applicant simply states that the comprehensive
rezoning in and of itself constitutes a substantial change. This argument has repeatedly been struck
down in the court system due to the fact that the point of a comprehensive rezoning is to analyze historic
changes and future growth projections to establish the appropriate zoning on parcels in their jurisdiction.
If the property owner felt aggrieved by the decision they had the option to appeal the rezoning of the
property at that time.
For the sake of argument, Staff has reviewed the zoning of the area prior to the 2012 Urban Area
Comprehensive Rezoning. Map 2 shows the zoning in the vicinity just before the Comprehensive
Rezoning of the UGA. This image provides a baseline image from which to detect how the area's zoning
has changed in the time since 2012.
In Map 2 we can see that both before and after the adoption of the Comprehensive UGA Rezoning in
2012, the subject parcels were zoned Residential Suburban (RS). At that time, the properties were
bounded on the north and northwest by RS zoning; Agricultural (A) zoning to the south and west;
Highway Interchange (HI-1) to the east, and Residential Multi -family to the south, east and northeast.
South of Interstate 70 Office, Research and Technology (ORT), Agricultural and Highway Interchange
(HI-2) zoning could be found within the immediate vicinity of the site.
The HI-2 zoning district, which was a predominantly high density residential zoning district that also
allowed some light industrial uses, was located roughly '/z mile southeast of the subject parcels. These
prior zoning classifications can be seen in Map 2 below, which approximates the site location in a red
box.
'Town of Somerset v. County, 229 Md. 42 (1962) & Runyon v. Glackin, 45 Md. App. 457, 413 A.2d 291 (1980)
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The current zoning, shown below, demonstrates the effects of Urban Area Comprehensive
Rezoning. The old Agricultural zoning classification that applied to several adjacent parcels in the vicinity
was eliminated, necessitating their reassignment to new zoning classes. By and large, most of these
parcels were assigned to varying residential classes that are fitting of the gradually decreasing density
that signals the transition from the core to the fringes inside of the Urban Growth Area. Notably, Marty
Snook Park was assigned to the RS zoning class as it was determined that this designation most closely
fit its most immediate neighborhood, in addition to allowing the park as a principal permitted use. The HI-
2 district has also been replaced by the similar Residential Urban (RU) zoning class with the repeal of the
HI-2 classification in 2012.
The RM zoning district adjacent to the parcels subject to this rezoning also was changed to HI
during the 2012 UGA Comprehensive Rezoning. It's important to understand that the RM zoning for this
parcel was in place prior to the completion of the 1-70 interchange that significantly transformed
immediate portions of the neighborhood following its completion in 1999. Thus, in 2012 when the UGA
Comprehensive Rezoning occurred, the rezoning of the Interchange Parcel reflected administrative
recognition that the site conditions on the parcel had been transformed by the construction and reflected
that in the zoning. The same could not be said of parcels 210 and 408, where the onsite and surrounding
neighborhood conditions remained largely the same as they were in the past. Accordingly, the site
conditions of the Interchange Parcel (which encompasses the recently approved Sheetz) were
qualitatively different than those found on parcel's 210 and 408, to significant degree, when the decision
was made by the Board to rezone the former to HI, but keep the latter parcels as RS.
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Map 3: Current Zoning
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Aside from the interchange parcel, additional expanded areas of Highway Interchange (HI) also
appear on Map 3. These new areas demonstrate administrative recognition with stakeholder input,
during the Comprehensive Urban Growth Area Rezoning, of the land use changes that had occurred in
the area as a result of the completion of the 1-70 interchange at Downsville Pike in 1999. The HI wedges
shown below radiate outward from the boundaries of this interchange, replacing notable portions of the
former ORT immediately south of 1-70. ORT became ORI (Office, Research and Industry) in the
remaining portion, which allowed for a greater range of uses within a similar zoning class.
These comprehensive rezoning changes encompass parcels 258, 262, and 264, which are
specifically noted by the applicant in their Justification Statement as being indicative of substantial
neighborhood change. As stated above in discussing the interchange parcel, these properties are
qualitatively different sites than parcels 210 and 408. They are located distant to any dense residential
neighborhoods and have long been planned for either commercial industrial use. Their location directly
on 1-70 makes their use unsuitable for anything but these types of uses, in contrast to the subject parcels,
which clearly are influenced by the adjacent park and residential neighborhoods. It is debatable whether
these particular parcels should be considered part of the "neighborhood" given these characteristics, and
their distant location to the parcels in question.
The rezoning of the block of parcels to the east of the subject site from HI-1 to HI represents
administrative recognition that existing uses on those properties, such as Premium Outlets on parcel 176,
serve a regional population in keeping with the definition of the present HI zoning district. Given the
location of the subject site; bordered by a park and substantial residential neighborhoods, a zoning
classification that serves primarily a local, not regional population, would seem more logical for the site.
The last approved piecemeal rezoning in the immediate vicinity of the site occurred in 2000 (RZ-
00-002), lending further credence to the stable character of the neighborhood.
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RZ-17-003 Downsville Pike Land LLC
Summarily, from a zoning standpoint, the changes which occurred in the neighborhood resulting
from the construction of the 1-70 interchange at Downsville Pike were considered and responded to by the
implementation of the Comprehensive Rezoning of UGA the 2012. Since that time, there hasn't been
significant activity that suggests substantial change has occurred in the neighborhood, as evidenced by
the lack of requests for piecemeal rezoning.
Note: Applicant's Exhibit D is labeled "2012 Zoning" but actually shows the Current Zoning just after the
UGA Rezoning took place in that year.
ii. Changes in Average Annual Daily Traffic
While the applicant presents accurate data on the on Annual Average Daily Traffic from the State
Highway Administration between 2012 and 2015, it is important to understand the caveats to the
Applicant's conclusion that traffic is increasing to a considerable degree in the neighborhood.
First, traffic count data was considered by the Board as a part the Urban Area Comprehensive
Rezoning in 2012, and was factored into the ultimate decisions about the appropriate zoning classification
for the subject parcels, and the surrounding area. Second, traffic data can vary considerably from year to
year at any given location, due to factors that may not necessarily be locally derived. If, for example,
construction work on a nearby arterial road necessitates closure or diversion of traffic to alternate routes,
neighboring roads can see short-term upticks in traffic that may not necessarily be indicative of long-term
traffic increases.
Long-term traffic data tells a different story about area traffic volume than the short term data
presented by the Applicant at the Halfway Boulevard/Downsville Pike intersection. The applicant's Exhibit
E makes this clear, as does Table 2 of this report on page 2.
Exhibit E shows that traffic did increase from 2012 to 2015 (10,871 to 12,361 ADT) as the Applicant
contends. This trend obscures the fact that the 2012 traffic count also represented a slight decrease in
traffic volume from 2011 (10,960 in 2011 to 10,871 ADT in 2012).
Traffic also decreased in the three years prior to 2012 (12,152 in 2010 to 10,871 in
2012).
Further, the 2015 traffic count represents a 15.33% decrease from the peak traffic
count at this location, which occurred in 1990, as shown in Table 2 (14,600 in 1990 to
12,361 in 2015 ADT).
In effect, the traffic at this intersection has yet to regain the volume that it reached prior to the
construction of the interchange at 1-70 and Downsville Pike. Thus, while traffic has marginally increased
in the last few years at this intersection, the increase has not increased traffic volume to past its historic
levels.
A traffic impact analysis was also conducted in February 2017 as a part of the development
review process for the Sheetz gas station and convenience store recently approved by the Planning
Commission and noted by the applicant for this proposed rezoning. The study concluded that traffic
volume has remained largely flat at the Downsville Pike/Halfway Blvd intersection in the time since the
interchange was constructed in 1999.9
Ill. Relationship to 2002 Washington County Comprehensive Plan
In 2002 the Washington County Comprehensive Plan was updated. As part of that update an
evaluation of existing and projected land uses were evaluated to develop a guide for future land use
9 Traffic Impact Analysis (TIS-17-001) conducted February 13, 2017 by Street Traffic Studies, Ltd.
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RZ-17-003 Downsville Pike Land LLC
decisions in the County; the Land Use Map. This map provides a generalized analysis and projection of
land uses in various regions of the County. The Land Use Map was heavily consulted as part of the
Urban Growth Area Rezoning.
As shown in the map below, cropped from the adopted Land Use Map in Chapter 12 of that Plan,
the County projected that land within and surrounding the subject parcels to develop in the manner
eventually realized in the 2012 Comprehensive Rezoning: Industrial Flex (IF) south of 1-70 and east of
Downsville Pike; Low and High Density Residential (LD, HD) to the north, Commercial (CM) surrounding
the northern Interchange Parcel and Open Space (OS) for Marty Snook Park. By and large, what was
projected in this map has been borne out on the ground over the last 14 years. Thus, projected changes
in the neighborhood were largely accounted for in prior long range planning and comprehensive rezoning
efforts by the County. The 2002 Comprehensive Land Use Map can be seen below.
Map 4: 2002 Comprehensive Plan Land Use Map
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RZ-17-003 Downsville Pike Land LLC
iv. Recommendation:
The applicant claims that both a mistake in the designation of the existing zoning and a
substantial change in the character of the neighborhood have or did occur since the time of the last
comprehensive rezoning, thereby warranting their petition to rezone the property from RS to Hl.
The burden of the applicant in a "Mistake" case is to provide evidence that the Board:
1. Failed to take into account projects or trends probable of fuition,
2. Made decisions based on erroneous information,
3. Used facts that later prove to be incorrect,
4. Couldn't have foreseen events that have occurred since the current zoning,
5. Ignored facts in evidence at the time of zoning application.
The burden of the applicant in a "Change" case is to illustrate three points:
1. Defining the boundaries of the neighborhood,
2. Demonstrating that substantial changes have occurred since the last Comprehensive
Rezoning Plan, and
3. Showing that those changes resulted in the altered character of the neighborhood.
Regarding the charge of mistake, this analysis has revealed that the Board very likely did
consider the facts presented by the applicant during the UGA Comprehensive Rezoning (such as the
challenges and unique characteristics of the site's location noted on page 9), and concluded in 2012 that
the site more closely fit with the residential neighborhoods to the north and west, than it did the
commercial neighborhoods located to the east and south for reasons such as those provided on that
same page.
The analysis has also revealed that the applicant has not met the burdens in proving that a
substantial change has occurred in the neighborhood since the 2012 UGA Rezoning. First, the applicant
fails to reasonably define the neighborhood boundaries by marginalizing the adjacent residential
neighborhoods and parkland that that immediately abut the property to the north and west in favor of
those parcels in the vicinity that are zoned commercial. Second, the changes cited by the applicant which
have occurred in the neighborhood; in terms of zoning changes in the vicinity, traffic counts, and road
improvements, were all considered and accounted for in full during the Comprehensive Rezoning of the
Urban Growth Area in 2012. Accordingly, the building of a new Sheetz store nearby should be
recognized as an example of planned growth, not as evidence of neighborhood change.
Finally, as stated on page 10, "Changes contemplated prior to the last comprehensive are
usually not relevant in determining whether a substantial change has occurred to support
rezoning of the property. "10 Insufficient evidence beyond the intentional changes resulting from the
UGA Rezoning itself have been offered by the applicant demonstrating recent substantial change in the
character of the neighborhood since 2012.
When paired with the background information cited at the beginning of this Staff Report, such as
the Halfway District population growing more slowly than the County as a whole and modest growth in
traffic volume, a picture emerges that substantial change in the character of the neighborhood has not
occurred in the past five years.
10 Guide to Maryland Zoning Decisions, 5 h Edition, Stanley Abrams referencing Maryland Court of Appeals Case
Buckel v. Board of County Commissioners of Frederick County, 80 Md. App. 305, 562 A.2d 1297 (1989)
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RZ-17-003 Downsville Pike Land LLC
Consequently, the staff analysis has concluded that convincing proof has not been offered by the
applicant demonstrating either a mistake in the current zoning, or a substantial change in the character of
the neighborhood since the 2012 UGA Rezoning in their petition to rezone the property from RS to HI.
Respectfully Submitted,
Travis Allen
Comprehensive Planner
17
Kz- / 7 - 0(, -,-�
10811 Wyncote Drive
Hagerstown, Maryland 21740
September 18, 2017
Dear Mr. Goodrich and the members of the planning commission,
I write today in opposition of the proposed rezoning of 10662 and 10656 Downsville Pike from RS —
Residential Suburban to HI — Highway Interchange. Due to a work commitment calling me to
Cumberland, Maryland, it is unlikely that I will get to speak in person at the hearing.
I have read the applicant's comments and the planner's response and recommendation. I am compelled
to share my thoughts on the application.
The applicant has made several references to the Sheetz that is under construction and the Board's
error in not zoning the site HI — Highway Interchange. The changing neighborhood was also cited.
Granting the Sheetz was an error, given the neighboring homes, park, and intersections. That is "water
under the bridge," and further negatively impacting the neighborhood with another site for
"commercial activities or light industrial land uses that serve highway travelers" is not in the
neighborhood's best interests.
The applicant also cites the poor condition of the homes on the property. Prior to the recent decay of
one of the properties, it was inhabited. The fact that the current and previous landowners have allowed
the properties to fall into disrepair is not a valid argument for a zoning change. If the properties had
been maintained, they'd be occupied by owners or tenants, not victims of owners hoping to sell to a
buyer who wants to build a gas station or convenience store.
Mine is not an argument based on "not in my backyard." Had the home I purchased 17 years ago not
been built on a farm nearly 40 years ago, I would not have a home. I am fortunate that a developer
invested in a plan to build affordable homes near quality schools. He paid his taxes and impact fees to
prepare the school system for the influx of students. Mine is an argument that counters the applicant's
theory that the changing neighborhood calls for a change to HI. There are hundreds of homes within
yards of the property in question. Additionally, there is a county park that serves thousands of children
and adults each year through its pool, fields, and playgrounds. The park houses hundreds of school -aged
children each summer as part of the county's summer programs, as it has for decades. Marty Snook Park
and these homes have not changed in decades, countering the applicant's argument that the
neighborhood is changing.
The traffic count has also been cited by the applicant as a reason to change the zoning to HI. The count
increased greatly following the state's construction of access ramps to Interstate 70. Prior to the
construction, counts had been stable, and since the construction, though higher, counts have been
stable. The cited data hints at a drop. With the addition of a new Sheetz, it is likely that the intersection
will see increased traffic counts, but those increases will not be due solely to Washington County
residents. Highway travelers with no concern for the safety and living conditions of local residents will
hop off the interstate, purchase fuel and convenience items, and hop back on the interstate. The
increased tax revenues will be minimal, but in increased traffic, litter, noise, and light pollution will not
be minimal. Adding another convenience -style property to the corner opposite of the planned Sheetz
will not benefit the community or the neighborhood.
The construction of a gas station or other convenience style business negatively impacts the
environment. Just feet from the applicant's property is a small stream/run that is part of the Potomac
and Chesapeake watershed. The increased litter and pollution that will negatively impact the
neighborhood and park will also negatively impact the watershed. It is the responsibility of every citizen,
elected official, and appointee to preserve and protect the environment. Changing the property's zoning
to HI opens the door for unnecessary pollutants entering the watershed.
Finally, the oddly engineered intersection of Halfway Boulevard and MD 632 (Downsville Pike) should
not be further negatively impacted by a commercial (HI) zoning. Both Downsville Pike and Halfway
Boulevard lack sidewalks and crosswalks for pedestrians to safely walk along and cross the roads. The
planned Sheetz already calls for a new traffic light and re -engineering. Drivers, especially those
unfamiliar with the intersection routinely drive through the red turn arrow from Halfway Boulevard to
northbound Downsville Pike. Drivers exiting westbound Interstate 70 routinely run the red light at
Halfway Boulevard to avoid waiting two -three minutes for a green light. Accidents and near -misses at
the current intersection and at the entrance of Marty Snook Park already should be evidence enough
that adding a gas station or other business on the site is inappropriate.
I respectfully speak against the planned rezoning of the properties. The rezoning of the properties will
negatively impact those living nearby, those using the park, and those traveling the roadways.
Respectfully submitted,
Neil Becker
10811 Wyncote Drive
Hagerstown, MD 21740
Eckard, Debra S. V17-111-06,5
From: char.guessford <char.guessford@myactv.net>
Sent: Wednesday, September 20, 2017 6:15 PM
To: Eckard, Debra S.
Subject: Rezoning rz 17 003
Please do not rezone 10662 -10656 Downsville Pike to hi way interchange. This corner is already a busy
intersection that in the future will have a Sheetz on the opposite corner. This property is close to ball parks and a
county park.
Thank you, C Guessford
16724 Sterling Road Williamsport Md
Sent from my Galaxy Tab® n
Zoning Board Hearing
Good evening and thank you for allowing me to speak tonight. My name is
Loma Bock, and I live at 10811 Brentwood Terrace in new section of Oak Ridge.
I have owned this property for 35 years and grew up living with my family on Red
Oak Drive in the old section of Oak Ridge. I guess you could say I'm an Oak
Ridge native girl.
I'm here tonight to speak in opposition to the proposed rezoning of parcels
P-210 and P-408 from RS to HI. My concerns are centered around the traffic flow
on Halfway Blvd and the safety of residents of Oak Ridge and Woodmore
developments, the many visitors to Marty Snook County Park and anyone
traveling on Halfway Blvd.
Over the years, the traffic on Halfway Blvd has gradually increased. It
used be easy to enter and exit both development and the park. Pedestrians could
safely use the crosswalk on Halfway Blvd to enjoy the Marty Snook Park. After
the construction of the 1-70 interchange for the Downsville Pike, traffic flow and
safety became major concerns.
Currently, the traffic flow of cars exiting west bound 1-70 continuing on to
Halfway Blvd and merging with cars turning on red traveling south on Downsville
Pike creates a steady stream of traffic making it almost impossible to enter the
Blvd from Oak Ridge, Woodmore or the Park. During certain times of the day, it
is also difficult to enter these areas if you have to cross oncoming traffic. Speed
of the traffic has also increased to the point that the county constructed two
parking pads on Halfway Blvd for police to station themselves for traffic control.
And if you want a thrill, you should sit in the left turn lane on Halfway Blvd trying
to turn onto Oak Valley Drive and watch the cars speedy come toward you from
the Downsville Pike during evening rush hours. You sit and pray that they see
you sitting there. If traffic is like this now, I can only imagine what it will be like if
the zoning is changed from IRS to HI and another commercial property is
constructed on the this site.
To support my position of opposition, I would like to point out the following
from the public documents provided for this meeting:
L From the "Justification Statement" by the Applicant —
• On page 2, PP 2 & 3 the Applicant states that a "legal mistake" was
made to not rezone to HI previously and that the character of the
neighborhood has significantly changed.
• On page 7, last two sentences state that the neighborhood being
considered should not be along Halfway Blvd but the Downsville
Pike
• On page 8, PP 2 the Applicant uses data from the Maryland �Q
Department of Transportation traffic studies conducted from 2009
through 2015. However, the Applicant only quotes data for 2012 to
2015.
• On page 9, section #6 1 question the validity of the statement that
having access to this property from both Halfway Blvd and the
Downsville Pike will be, "making access for both regional and local
travelers convenient and safe."
• Pages 10 & 11, section 9 — the Applicant states that this location.
"is an ideal location for a commercial use to serve the Halfway and
South Hagerstown markets as well as interstate travelers." Do we
really need another gas mart here?
From the Department of Planning & Zoning's Staff Report and Analysis
L I'm sure everyone has read this report and recognizes that most of my
oncerns are supported by the Department's report. Please pay special attention
to these sections:
• Present and Future Transportation Patterns on page 3
• Engineering Plan Review on pages 4 & 5
• Historic site on page 6
• Change or Mistake Rule on pages 7-13
• Change in Average Annual Daily Traffic page 14
• 2002 Washington County Comprehensive Plan pages 14 & 15
• Recommendation of Department on pages 16 & 17
In closing I would like to read the last sentence from Department's report:
"Consequently, the staff analysis has concluded that convincing proof has
not been offered by the applicant demonstrating either a mistake in the current
zoning, or a substantial change in the character of the neighborhood since the
2012 UGA Rezoning in their petition to rezone the property from RS to HI."
Thank you.
Goodrich, Stephen
From: juliebecker@myactv.net
Sent: Sunday, September 24, 2017 8:43 PM
To: Goodrich, Stephen; Eckard, Debra S.
Subject: zoning hearing Sept.25
10811 Wyncote Drive
Hagerstown, Maryland 21740
September 18, 2017
Dear Mr. Goodrich and the members of the planning commission,
I write today in opposition of the proposed rezoning of 10662 and 10656 Downsville Pike from RS — Residential
Suburban to HI — Highway Interchange. The applicant has made several references to the Sheetz that is under
construction and the Board's error in not zoning the site HI — Highway Interchange. The changing
neighborhood was also cited. The addition of another site for "commercial activities or light industrial land
uses that serve highway travelers" is not in the neighborhood's best interests and is unnecessary in this area.
Highway travelers in this area have numerous opportunities to access food, fuel, and other shopping needs.
The intersection at Downsville Pike and Halfway Boulevard is surrounded by hundreds of homes and one of
the county's biggest and most beautiful parks, Marty Snook Memorial Park. The rezoning of the adjacent
properties would be detrimental to the surrounding neighborhoods and the park.
Marty Snook Park provides individuals and sports teams access to softball and little league fields, football and
soccer fields, tennis courts, a pool, picnic pavilions, multiple playground areas that include accessible
playground equipment, and a walking and biking trail. It also hosts summer camp through Washington
County Parks and Recreation. The entrance to Marty Snook Park is only feet away from the intersection of
Downsville Pike and Halfway Boulevard. Exiting the park is already difficult with the traffic that currently
travels on Halfway Boulevard. Pedestrians, and adults and children on bikes cross Halfway Boulevard from the
Oak Ridge neighborhood to access the park's many recreational opportunities. Although a crosswalk is
painted on the road, no crossing signal exists there, creating an already dangerous crossing. The addition of
businesses at the intersection of Downsville Pike and Halfway Boulevard would further complicate the access
to this park and make entering and exiting the park exponentially dangerous. This park is a well —maintained
and heavily used recreational area that should be protected. The park is dedicated to County Commissioner
Martin "Marty" Snook who stated, "The Parks of Washington County are one of our greatest assets."
The traffic count has also been cited by the applicant as a reason to change the zoning to HI. The count
increased greatly following the state's construction of access ramps to Interstate 70. Prior to the construction,
counts had been stable, and since the construction, though higher, counts have been stable. The cited data
hints at a drop. With the addition of a new Sheetz, it is likely that the intersection will see increased traffic
counts, but those increases will not be due solely to Washington County residents. Highway travelers with no
concern for the safety and living conditions of local residents will hop off the interstate, purchase fuel and
convenience items, and hop back on the interstate. The increased tax revenues will be minimal, but the
increased traffic, litter, noise, and light pollution will not be minimal. Adding another convenience -style
property to the corner opposite of the planned Sheetz will not benefit the community or the neighborhood.
Travelers on Interstate 70 have several exits in the Hagerstown area with opportunities to refuel and grab a
meal. Even at the exit for Downsville Pike/Halfway Boulevard, drivers have a wide variety of choices for
eating, shopping, and refueling. A change of zoning at this site is unnecessary.
The applicant also refers to the "changing neighborhood" as a reason to change the zoning. The surrounding
neighborhoods consist of hundreds of single family homes, townhomes, and apartments that were built in the
1950s, 1960s, and 1970s. The neighborhoods have remained well -maintained and unchanged for decades.
One only has to drive through the neighborhoods to see the clean streets and meticulously maintained homes.
Lincolnshire Elementary School, located in one of the neighborhoods adjacent to the intersection of
Downsville Pike and Halfway Boulevard, was built in 1954 and continues to serve the surrounding community.
Marty Snook Memorial Park, formerly Halfway Park, was dedicated in 1989 and has provided a safe and
beautiful place to play and exercise for more than 30 years. This neighborhood is not changing; it is thriving,
as it has been for decades.
The applicant also cites the poor condition of the homes on the property. Prior to the recent decay of one of
the properties, it was inhabited. The fact that the current and previous landowners have allowed the
properties to fall into disrepair is not a valid argument for a zoning change. Certainly the owners of these
properties should be held accountable for the deteriorating conditions of these properties. Rezoning the
properties is not the appropriate action to take to remedy these conditions.
I respectfully request that the applicant's request to rezone the properties of 10662 and 10656 Downsville
Pike from Residential Suburban to Highway Interchange be denied. A vote against this change will ensure that
this area remains a safe and healthy community.
Sincerely,
Julie Becker
10811 Wyncote Drive
Hagerstown, MD 21740
Goodrich, Stephen
From: Aline Novak <alinenovak@outlook.com>
Sent: Sunday, September 24, 2017 8:43 PM
To: Goodrich, Stephen
Subject: Zoning Hearing Sept. 25, 2017
17724 Stone Valley Drive
Hagerstown, Maryland 21740
September 24, 2017
Dear Mr. Goodrich and the members of the planning commission,
I write today in opposition of the proposed rezoning of 10662 and 10656 Downsville Pike from RS — Residential Suburban
to HI — Highway Interchange. Unfortunately it is unlikely that I will get to speak in person at the hearing.
I have read the applicant's comments and the planner's response and recommendation. The applicant has made several
references to the Sheetz that is under construction and the Board's error in not zoning the site HI — Highway
Interchange. The changing neighborhood was also cited. Granting the Sheetz was an enormous error, given the
neighboring homes, park, and intersections. However, further negatively impacting the neighborhood with another site
for "commercial activities or light industrial land uses that serve highway travelers" is not in the neighborhood's best
interests. Making the change to HI does nothing to improve the neighborhood and only adds to its degradation.
The poor condition of the homes on the property is no reason to change the zoning. Prior to the recent decay of one of
the properties, it was inhabited. The fact that the decay was allowed to occur is a misstep by the county for not
addressing the decaying structures issue. The fact that the current and previous landowners have allowed the
properties to fall into disrepair is not a valid argument for a zoning change. The property owners should be made to fix it
not rezone it!
My argument counters the applicant's hypothesis that the changing neighborhood calls for a change to HI. There are
hundreds of homes within yards of the property in question. There is a county park that serves thousands of children
and adults each year that abuts this property. This park is a gem to the community and is a well thought out green space
that adds a viable safe place for both adults and children. For decades the park housed hundreds of school -aged
children each summer as part of the county's summer programs. The houses that adjoin the park are not
changing. They house many families with children through retirees. Marty Snook Park and these homes have not
changed in decades, plain and simple.
According to the data there is no increase in traffic count. In actuality there is no increase in traffic counts. So why
would this be a viable argument to change to HI zoning. The cited data suggests a drop. With the addition of a new
Sheetz, it is likely that the intersection will see increased traffic counts, but those increases will not be due solely to
Washington County residents. Highway travelers with no concern for the safety and living conditions of local residents
will hop off the interstate, purchase fuel and convenience items, and hop back on the interstate. The increased tax
revenues will be minimal, but traffic, litter, noise, and light pollution will likely increase. Adding another convenience -
style property will not benefit the community or the neighborhood.
Let me address the environmental issues. The construction of a gas station or other convenience style business
negatively impacts the environment. We have a beautiful green space in the Marty Snook Park. Just feet from the
property in question is a small intermittent stream. This is part of the Potomac and Chesapeake watersheds. The fact
that there is going to be a Sheetz with numerous gas pumps is bad enough. There is a chance of spills from gas pumps,
and tanker trucks. Now you want to put in another convenience store with gas pumps. Run off from the impermeable
1
surfaces onto the surrounding roads adds to water pollutions as it has little time for percolation and rainwater goes
directly into to storm drains and streams carrying the pollutants . The increased litter and pollution that will negatively
impact the neighborhood and park will also negatively impact the watershed. Not only are we looking at water pollution
but there will be an increase in air pollution from idling cars and trucks, and vaporization of volatile petroleum
products. It is the responsibility of every citizen and elected official, to preserve and protect the environment.
Changing the property's zoning to HI opens the door for unnecessary pollutants entering the watershed.
The intersection of Downsville Pike and Halfway Blvd. is currently a dangerous intersection. I have been witness to an
accident there by a careless driver trying to "beat the light." Drivers, routinely drive through the red turn arrow from
Halfway Boulevard to northbound Downsville Pike routinely run the red light at Halfway Boulevard to avoid waiting two -
three minutes for a green light. Accidents and near -misses at the current intersection and at the entrance of Marty
Snook Park already should be evidence enough that adding a gas station or other business on the site is unsuitable.
I politely speak against the planned rezoning of the properties. The rezoning of the properties will negatively impact
those living nearby, those using the park, and those traveling the roadways.
Respectfully,
Aline Novak
17724 Stone Valley Drive
Hagerstown, MD 21740
Eckard, Debra S.
From: Baker, Jill
Sent: Monday, December 11, 2017 8:45 AM
To: Allen, Travis M.
Cc: Eckard, Debra S.; Goodrich, Stephen
Subject: FW:
Comments for the Downsville Pike rezoning
From: 3019914663(-Opm.sprint.com [maiIto: 3019914663Ca nm.sprint.com_ ]
Sent: Monday, December 11, 2017 8:29 AM
To: Baker, Jill
Subject:
Sent from my mobile.
Good day Mr Baker, I am a 36-year resident of the Woodmore development next to Marty
Snook Park. The intersection of Downsville Pike and halfway Boulevard is congested
currently and adding the additional business complex at that corner will just add
additional traffic and chaos to that location! I do not appreciate additional businesses
added at that corner backing are small development which is house with many many
children. We want it as a residential area for families. Many families and children ride
to Marty snook Park buy bicycle or walking and the additional traffic would make it very
dangerous for pedestrians. A small Eatery or donut shop or ice cream parlor will not make
it go in that area as it is. This will bring a building that will be open for a few
months and then close and there will be sending empty buildings. I hope the County
Commissioners would think again before disturbing that area on the corner of halfway
Boulevard and Downsville Pike. There are many other locations in the county that have
vacant buildings that could be utilized for these particular type operations.
1
November 25, 2017
Mr. Stephen T. Goodrich
Director
Washington County Department of Planning & Zoning
120 W. Washington St., 2"d Floor
Hagerstown, MD 21740
RE: Rezoning Case No. RZ-17-003
Dear Mr. Goodrich:
We are in receipt of your letter of November 22, 2017 RE the above rezoning case. We are residents of Oak Ridge
Estates which empties onto Halfway Boulevard. We currently have a number of safety issues with Halfway Boulevard
and the zoning of this residential property to highway interchange would only compound the problems.
Halfway Boulevard faults:
1. No room for driver error— no shoulder from Oak Ridge Drive to Downsville Pike
2. No sidewalk for pedestrians attempting to reach Marty Snook Park and the planned Downsville Pike Sheetz
Store.
3. A small sidewalk and wheelchair ramp was recently installed on the corners of Downsville Pike at Halfway
Blvd., however, there is no way for a walker or someone in a wheelchair to reach that crosswalk — so a total
waste of manpower and money.
4. Halfway Blvd. is a speedway from Virginia Avenue to Downsville Pike. Parking for Police cars was added
several years ago but apparently there are no available Police to sit there.
5. A turn lane was installed a year or two ago to enter our Development (Oak Valley Drive). You take your life
in your hands sitting in that lane when vehicles are coming off the 170 ramp at speeds of 50-60 mph. If a
vehicle is turning onto Oak Valley Drive from the Downsville Pike, the vehicle immediately behind them
swings out into the turn lane for vehicles entering Oak Valley Drive from the Virginia Avenue side. We have
witnessed some very close calls — within mere inches of the turning vehicle.
6. Residents of our development have repeatedly asked for some relief from the traffic to no avail:
a. Install a NO TURN ON RED at the corner of Halfway Blvd. and Downsville Pike. Between the hours of
4-6 p.m. it is next to impossible to exit left out of our development onto Halfway Blvd. Your only
choice is to turn right toward Virginia Avenue when you get the chance.
b. The ineffective crosswalk sign at Oak Valley Drive is a joke. Trying to cross Halfway Blvd. to enter
Marty Snook Park is like playing dodge ball. Apparently people need to study their driving handbook
as NO ONE STOPS to let pedestrians cross. We even had a near miss with a Sheriff patrol SUV.
This is just our summation of the problems therein and I am sure my neighbors can come up with many more
experiences. We feel that rezoning that corner property and placing a commercial entity there will just add to the safety
issues noted above. Once the Sheetz store is built we feel sure traffic on Halfway Blvd. will double or triple and that
roadway is too small to handle that kind of traffic on a daily basis.
You have given us Marty Snook Park with all its wonderful amenities — now let us be able to get to it!
Sincerely,
Marvin and Christine Shives
10815 Brentwood Terrace
Hagerstown, MD 21740
Email: 51924@myactv.net
Kz- / 7 - 0(, -,-�
10811 Wyncote Drive
Hagerstown, Maryland 21740
September 18, 2017
Dear Mr. Goodrich and the members of the planning commission,
I write today in opposition of the proposed rezoning of 10662 and 10656 Downsville Pike from RS —
Residential Suburban to HI — Highway Interchange. Due to a work commitment calling me to
Cumberland, Maryland, it is unlikely that I will get to speak in person at the hearing.
I have read the applicant's comments and the planner's response and recommendation. I am compelled
to share my thoughts on the application.
The applicant has made several references to the Sheetz that is under construction and the Board's
error in not zoning the site HI — Highway Interchange. The changing neighborhood was also cited.
Granting the Sheetz was an error, given the neighboring homes, park, and intersections. That is "water
under the bridge," and further negatively impacting the neighborhood with another site for
"commercial activities or light industrial land uses that serve highway travelers" is not in the
neighborhood's best interests.
The applicant also cites the poor condition of the homes on the property. Prior to the recent decay of
one of the properties, it was inhabited. The fact that the current and previous landowners have allowed
the properties to fall into disrepair is not a valid argument for a zoning change. If the properties had
been maintained, they'd be occupied by owners or tenants, not victims of owners hoping to sell to a
buyer who wants to build a gas station or convenience store.
Mine is not an argument based on "not in my backyard." Had the home I purchased 17 years ago not
been built on a farm nearly 40 years ago, I would not have a home. I am fortunate that a developer
invested in a plan to build affordable homes near quality schools. He paid his taxes and impact fees to
prepare the school system for the influx of students. Mine is an argument that counters the applicant's
theory that the changing neighborhood calls for a change to HI. There are hundreds of homes within
yards of the property in question. Additionally, there is a county park that serves thousands of children
and adults each year through its pool, fields, and playgrounds. The park houses hundreds of school -aged
children each summer as part of the county's summer programs, as it has for decades. Marty Snook Park
and these homes have not changed in decades, countering the applicant's argument that the
neighborhood is changing.
The traffic count has also been cited by the applicant as a reason to change the zoning to HI. The count
increased greatly following the state's construction of access ramps to Interstate 70. Prior to the
construction, counts had been stable, and since the construction, though higher, counts have been
stable. The cited data hints at a drop. With the addition of a new Sheetz, it is likely that the intersection
will see increased traffic counts, but those increases will not be due solely to Washington County
residents. Highway travelers with no concern for the safety and living conditions of local residents will
hop off the interstate, purchase fuel and convenience items, and hop back on the interstate. The
increased tax revenues will be minimal, but in increased traffic, litter, noise, and light pollution will not
be minimal. Adding another convenience -style property to the corner opposite of the planned Sheetz
will not benefit the community or the neighborhood.
The construction of a gas station or other convenience style business negatively impacts the
environment. Just feet from the applicant's property is a small stream/run that is part of the Potomac
and Chesapeake watershed. The increased litter and pollution that will negatively impact the
neighborhood and park will also negatively impact the watershed. It is the responsibility of every citizen,
elected official, and appointee to preserve and protect the environment. Changing the property's zoning
to HI opens the door for unnecessary pollutants entering the watershed.
Finally, the oddly engineered intersection of Halfway Boulevard and MD 632 (Downsville Pike) should
not be further negatively impacted by a commercial (HI) zoning. Both Downsville Pike and Halfway
Boulevard lack sidewalks and crosswalks for pedestrians to safely walk along and cross the roads. The
planned Sheetz already calls for a new traffic light and re -engineering. Drivers, especially those
unfamiliar with the intersection routinely drive through the red turn arrow from Halfway Boulevard to
northbound Downsville Pike. Drivers exiting westbound Interstate 70 routinely run the red light at
Halfway Boulevard to avoid waiting two -three minutes for a green light. Accidents and near -misses at
the current intersection and at the entrance of Marty Snook Park already should be evidence enough
that adding a gas station or other business on the site is inappropriate.
I respectfully speak against the planned rezoning of the properties. The rezoning of the properties will
negatively impact those living nearby, those using the park, and those traveling the roadways.
Respectfully submitted,
Neil Becker
10811 Wyncote Drive
Hagerstown, MD 21740
Eckard, Debra S. V17-111-06,5
From: char.guessford <char.guessford@myactv.net>
Sent: Wednesday, September 20, 2017 6:15 PM
To: Eckard, Debra S.
Subject: Rezoning rz 17 003
Please do not rezone 10662 -10656 Downsville Pike to hi way interchange. This corner is already a busy
intersection that in the future will have a Sheetz on the opposite corner. This property is close to ball parks and a
county park.
Thank you, C Guessford
16724 Sterling Road Williamsport Md
Sent from my Galaxy Tab® n
Zoning Board Hearing
Good evening and thank you for allowing me to speak tonight. My name is
Loma Bock, and I live at 10811 Brentwood Terrace in new section of Oak Ridge.
I have owned this property for 35 years and grew up living with my family on Red
Oak Drive in the old section of Oak Ridge. I guess you could say I'm an Oak
Ridge native girl.
I'm here tonight to speak in opposition to the proposed rezoning of parcels
P-210 and P-408 from RS to HI. My concerns are centered around the traffic flow
on Halfway Blvd and the safety of residents of Oak Ridge and Woodmore
developments, the many visitors to Marty Snook County Park and anyone
traveling on Halfway Blvd.
Over the years, the traffic on Halfway Blvd has gradually increased. It
used be easy to enter and exit both development and the park. Pedestrians could
safely use the crosswalk on Halfway Blvd to enjoy the Marty Snook Park. After
the construction of the 1-70 interchange for the Downsville Pike, traffic flow and
safety became major concerns.
Currently, the traffic flow of cars exiting west bound 1-70 continuing on to
Halfway Blvd and merging with cars turning on red traveling south on Downsville
Pike creates a steady stream of traffic making it almost impossible to enter the
Blvd from Oak Ridge, Woodmore or the Park. During certain times of the day, it
is also difficult to enter these areas if you have to cross oncoming traffic. Speed
of the traffic has also increased to the point that the county constructed two
parking pads on Halfway Blvd for police to station themselves for traffic control.
And if you want a thrill, you should sit in the left turn lane on Halfway Blvd trying
to turn onto Oak Valley Drive and watch the cars speedy come toward you from
the Downsville Pike during evening rush hours. You sit and pray that they see
you sitting there. If traffic is like this now, I can only imagine what it will be like if
the zoning is changed from IRS to HI and another commercial property is
constructed on the this site.
To support my position of opposition, I would like to point out the following
from the public documents provided for this meeting:
L From the "Justification Statement" by the Applicant —
• On page 2, PP 2 & 3 the Applicant states that a "legal mistake" was
made to not rezone to HI previously and that the character of the
neighborhood has significantly changed.
• On page 7, last two sentences state that the neighborhood being
considered should not be along Halfway Blvd but the Downsville
Pike
• On page 8, PP 2 the Applicant uses data from the Maryland �Q
Department of Transportation traffic studies conducted from 2009
through 2015. However, the Applicant only quotes data for 2012 to
2015.
• On page 9, section #6 1 question the validity of the statement that
having access to this property from both Halfway Blvd and the
Downsville Pike will be, "making access for both regional and local
travelers convenient and safe."
• Pages 10 & 11, section 9 — the Applicant states that this location.
"is an ideal location for a commercial use to serve the Halfway and
South Hagerstown markets as well as interstate travelers." Do we
really need another gas mart here?
From the Department of Planning & Zoning's Staff Report and Analysis
L I'm sure everyone has read this report and recognizes that most of my
oncerns are supported by the Department's report. Please pay special attention
to these sections:
• Present and Future Transportation Patterns on page 3
• Engineering Plan Review on pages 4 & 5
• Historic site on page 6
• Change or Mistake Rule on pages 7-13
• Change in Average Annual Daily Traffic page 14
• 2002 Washington County Comprehensive Plan pages 14 & 15
• Recommendation of Department on pages 16 & 17
In closing I would like to read the last sentence from Department's report:
"Consequently, the staff analysis has concluded that convincing proof has
not been offered by the applicant demonstrating either a mistake in the current
zoning, or a substantial change in the character of the neighborhood since the
2012 UGA Rezoning in their petition to rezone the property from RS to HI."
Thank you.
Goodrich, Stephen
From: juliebecker@myactv.net
Sent: Sunday, September 24, 2017 8:43 PM
To: Goodrich, Stephen; Eckard, Debra S.
Subject: zoning hearing Sept.25
10811 Wyncote Drive
Hagerstown, Maryland 21740
September 18, 2017
Dear Mr. Goodrich and the members of the planning commission,
I write today in opposition of the proposed rezoning of 10662 and 10656 Downsville Pike from RS — Residential
Suburban to HI — Highway Interchange. The applicant has made several references to the Sheetz that is under
construction and the Board's error in not zoning the site HI — Highway Interchange. The changing
neighborhood was also cited. The addition of another site for "commercial activities or light industrial land
uses that serve highway travelers" is not in the neighborhood's best interests and is unnecessary in this area.
Highway travelers in this area have numerous opportunities to access food, fuel, and other shopping needs.
The intersection at Downsville Pike and Halfway Boulevard is surrounded by hundreds of homes and one of
the county's biggest and most beautiful parks, Marty Snook Memorial Park. The rezoning of the adjacent
properties would be detrimental to the surrounding neighborhoods and the park.
Marty Snook Park provides individuals and sports teams access to softball and little league fields, football and
soccer fields, tennis courts, a pool, picnic pavilions, multiple playground areas that include accessible
playground equipment, and a walking and biking trail. It also hosts summer camp through Washington
County Parks and Recreation. The entrance to Marty Snook Park is only feet away from the intersection of
Downsville Pike and Halfway Boulevard. Exiting the park is already difficult with the traffic that currently
travels on Halfway Boulevard. Pedestrians, and adults and children on bikes cross Halfway Boulevard from the
Oak Ridge neighborhood to access the park's many recreational opportunities. Although a crosswalk is
painted on the road, no crossing signal exists there, creating an already dangerous crossing. The addition of
businesses at the intersection of Downsville Pike and Halfway Boulevard would further complicate the access
to this park and make entering and exiting the park exponentially dangerous. This park is a well —maintained
and heavily used recreational area that should be protected. The park is dedicated to County Commissioner
Martin "Marty" Snook who stated, "The Parks of Washington County are one of our greatest assets."
The traffic count has also been cited by the applicant as a reason to change the zoning to HI. The count
increased greatly following the state's construction of access ramps to Interstate 70. Prior to the construction,
counts had been stable, and since the construction, though higher, counts have been stable. The cited data
hints at a drop. With the addition of a new Sheetz, it is likely that the intersection will see increased traffic
counts, but those increases will not be due solely to Washington County residents. Highway travelers with no
concern for the safety and living conditions of local residents will hop off the interstate, purchase fuel and
convenience items, and hop back on the interstate. The increased tax revenues will be minimal, but the
increased traffic, litter, noise, and light pollution will not be minimal. Adding another convenience -style
property to the corner opposite of the planned Sheetz will not benefit the community or the neighborhood.
Travelers on Interstate 70 have several exits in the Hagerstown area with opportunities to refuel and grab a
meal. Even at the exit for Downsville Pike/Halfway Boulevard, drivers have a wide variety of choices for
eating, shopping, and refueling. A change of zoning at this site is unnecessary.
The applicant also refers to the "changing neighborhood" as a reason to change the zoning. The surrounding
neighborhoods consist of hundreds of single family homes, townhomes, and apartments that were built in the
1950s, 1960s, and 1970s. The neighborhoods have remained well -maintained and unchanged for decades.
One only has to drive through the neighborhoods to see the clean streets and meticulously maintained homes.
Lincolnshire Elementary School, located in one of the neighborhoods adjacent to the intersection of
Downsville Pike and Halfway Boulevard, was built in 1954 and continues to serve the surrounding community.
Marty Snook Memorial Park, formerly Halfway Park, was dedicated in 1989 and has provided a safe and
beautiful place to play and exercise for more than 30 years. This neighborhood is not changing; it is thriving,
as it has been for decades.
The applicant also cites the poor condition of the homes on the property. Prior to the recent decay of one of
the properties, it was inhabited. The fact that the current and previous landowners have allowed the
properties to fall into disrepair is not a valid argument for a zoning change. Certainly the owners of these
properties should be held accountable for the deteriorating conditions of these properties. Rezoning the
properties is not the appropriate action to take to remedy these conditions.
I respectfully request that the applicant's request to rezone the properties of 10662 and 10656 Downsville
Pike from Residential Suburban to Highway Interchange be denied. A vote against this change will ensure that
this area remains a safe and healthy community.
Sincerely,
Julie Becker
10811 Wyncote Drive
Hagerstown, MD 21740
Goodrich, Stephen
From: Aline Novak <alinenovak@outlook.com>
Sent: Sunday, September 24, 2017 8:43 PM
To: Goodrich, Stephen
Subject: Zoning Hearing Sept. 25, 2017
17724 Stone Valley Drive
Hagerstown, Maryland 21740
September 24, 2017
Dear Mr. Goodrich and the members of the planning commission,
I write today in opposition of the proposed rezoning of 10662 and 10656 Downsville Pike from RS — Residential Suburban
to HI — Highway Interchange. Unfortunately it is unlikely that I will get to speak in person at the hearing.
I have read the applicant's comments and the planner's response and recommendation. The applicant has made several
references to the Sheetz that is under construction and the Board's error in not zoning the site HI — Highway
Interchange. The changing neighborhood was also cited. Granting the Sheetz was an enormous error, given the
neighboring homes, park, and intersections. However, further negatively impacting the neighborhood with another site
for "commercial activities or light industrial land uses that serve highway travelers" is not in the neighborhood's best
interests. Making the change to HI does nothing to improve the neighborhood and only adds to its degradation.
The poor condition of the homes on the property is no reason to change the zoning. Prior to the recent decay of one of
the properties, it was inhabited. The fact that the decay was allowed to occur is a misstep by the county for not
addressing the decaying structures issue. The fact that the current and previous landowners have allowed the
properties to fall into disrepair is not a valid argument for a zoning change. The property owners should be made to fix it
not rezone it!
My argument counters the applicant's hypothesis that the changing neighborhood calls for a change to HI. There are
hundreds of homes within yards of the property in question. There is a county park that serves thousands of children
and adults each year that abuts this property. This park is a gem to the community and is a well thought out green space
that adds a viable safe place for both adults and children. For decades the park housed hundreds of school -aged
children each summer as part of the county's summer programs. The houses that adjoin the park are not
changing. They house many families with children through retirees. Marty Snook Park and these homes have not
changed in decades, plain and simple.
According to the data there is no increase in traffic count. In actuality there is no increase in traffic counts. So why
would this be a viable argument to change to HI zoning. The cited data suggests a drop. With the addition of a new
Sheetz, it is likely that the intersection will see increased traffic counts, but those increases will not be due solely to
Washington County residents. Highway travelers with no concern for the safety and living conditions of local residents
will hop off the interstate, purchase fuel and convenience items, and hop back on the interstate. The increased tax
revenues will be minimal, but traffic, litter, noise, and light pollution will likely increase. Adding another convenience -
style property will not benefit the community or the neighborhood.
Let me address the environmental issues. The construction of a gas station or other convenience style business
negatively impacts the environment. We have a beautiful green space in the Marty Snook Park. Just feet from the
property in question is a small intermittent stream. This is part of the Potomac and Chesapeake watersheds. The fact
that there is going to be a Sheetz with numerous gas pumps is bad enough. There is a chance of spills from gas pumps,
and tanker trucks. Now you want to put in another convenience store with gas pumps. Run off from the impermeable
1
surfaces onto the surrounding roads adds to water pollutions as it has little time for percolation and rainwater goes
directly into to storm drains and streams carrying the pollutants . The increased litter and pollution that will negatively
impact the neighborhood and park will also negatively impact the watershed. Not only are we looking at water pollution
but there will be an increase in air pollution from idling cars and trucks, and vaporization of volatile petroleum
products. It is the responsibility of every citizen and elected official, to preserve and protect the environment.
Changing the property's zoning to HI opens the door for unnecessary pollutants entering the watershed.
The intersection of Downsville Pike and Halfway Blvd. is currently a dangerous intersection. I have been witness to an
accident there by a careless driver trying to "beat the light." Drivers, routinely drive through the red turn arrow from
Halfway Boulevard to northbound Downsville Pike routinely run the red light at Halfway Boulevard to avoid waiting two -
three minutes for a green light. Accidents and near -misses at the current intersection and at the entrance of Marty
Snook Park already should be evidence enough that adding a gas station or other business on the site is unsuitable.
I politely speak against the planned rezoning of the properties. The rezoning of the properties will negatively impact
those living nearby, those using the park, and those traveling the roadways.
Respectfully,
Aline Novak
17724 Stone Valley Drive
Hagerstown, MD 21740
November 25, 2017
Mr. Stephen T. Goodrich
Director
Washington County Department of Planning & Zoning
120 W. Washington St., 2nd Floor
Hagerstown, MD 21740
RE: Rezoning Case No. RZ-17-003
Dear Mr. Goodrich:
We are in receipt of your letter of November 22, 2017 RE the above rezoning case. We are residents of Oak Ridge
Estates which empties onto Halfway Boulevard. We currently have a number of safety issues with Halfway Boulevard
and the zoning of this residential property to highway interchange would only compound the problems.
Halfway Boulevard faults:
I. No room for driver error — no shoulder from Oak Ridge Drive to Downsville Pike
2. No sidewalk for pedestrians attempting to reach Marty Snook Park and the planned Downsville Pike Sheetz
Store.
3. A small sidewalk and wheelchair ramp was recently installed on the corners of Downsville Pike at Halfway
Blvd., however, there is no way for a walker or someone in a wheelchair to reach that crosswalk — so a total
waste of manpower and money.
4. Halfway Blvd. is a speedway from Virginia Avenue to Downsville Pike. Parking for Police cars was added
several years ago but apparently there are no available Police to sit there.
5. A turn lane was installed a year or two ago to enter our Development (Oak Valley Drive). You take your life
in your hands sitting in that lane when vehicles are coming off the 170 ramp at speeds of 50-60 mph. If a
vehicle is turning onto Oak Valley Drive from the Downsville Pike, the vehicle immediately behind them
swings out into the turn lane for vehicles entering Oak Valley Drive from the Virginia Avenue side. We have
witnessed some very close calls — within mere inches of the turning vehicle.
6. Residents of our development have repeatedly asked for some relief from the traffic to no avail:
a. Install a NO TURN ON RED at the corner of Halfway Blvd. and Downsville Pike. Between the hours of
4-6 p.m. it is next to impossible to exit left out of our development onto Halfway Blvd. Your only
choice is to turn right toward Virginia Avenue when you get the chance.
b. The ineffective crosswalk sign at Oak Valley Drive is a joke. Trying to cross Halfway Blvd. to enter
Marty Snook Park is like playing dodge ball. Apparently people need to study their driving handbook
as NO ONE STOPS to let pedestrians cross. We even had a near miss with a Sheriff patrol SUV.
This is just our summation of the problems therein and I am sure my neighbors can come up with many more
experiences. We feel that rezoning that corner property and placing a commercial entity there will just add to the safety
issues noted above. Once the Sheetz store is built we feel sure traffic on Halfway Blvd. will double or triple and that
roadway is too small to handle that kind of traffic on a daily basis.
You have given us Marty Snook Park with all its wonderful amenities — now let us be able to get to it!
Sincerely, 1
Avt'(�'f"W' a 6kwk-Vt.
Marvin and Christine Shives
10815 Brentwood Terrace
Hagerstown, MD 21740
Email: 51924@myactv.net
Goodrich, Stephen
From: Baker, Jill
Sent: Monday, December 11, 2017 8:45 AM
To: Allen, Travis M.
Cc: Eckard, Debra S.; Goodrich, Stephen
Subject: FW:
Comments for the Downsville Pike rezoning
From: 3019914663Cdpm.sprint.com [mailto:3019914663 pm.sprint.com]
Sent: Monday, December 11, 2017 8:29 AM
To: Baker, Jill
Subject:
Sent from my mobile.
Good day Mr Baker, I am a 36-year resident of the Woodmore development next to Marty
Snook Park. The intersection of Downsville Pike and halfway Boulevard is congested
currently and adding the additional business complex at that corner will just add
additional traffic and chaos to that location! I do not appreciate additional businesses
added at that corner backing are small development which is house with many many
children. We want it as a residential area for families. Many families and children ride
to Marty snook Park buy bicycle or walking and the additional traffic would make it very
dangerous for pedestrians. A small Eatery or donut shop or ice cream parlor will not make
it go in that area as it is. This will bring a building that will be open for a few
months and then close and there will be sending empty buildings. I hope the County
Commissioners would think again before disturbing that area on the corner of halfway
Boulevard and Downsville Pike. There are many other locations in the county that have
vacant buildings that could be utilized for these particular type operations.
1
Goodrich, Stephen
From:
neil becker <neilbecker@hotmail.com>
Sent:
Friday, December 08, 2017 4:05 PM
To:
&County Commissioners Email; Goodrich, Stephen
Subject:
Rezoning RZ-17-003
Attachments:
Rezoning Comments RZ-17-003.docx
Attached is my written argument against the rezoning of 10662 and 10656 Downsville Pike. I hope to be in
attendance on the 12th (but it is the middle of my workday).
I am concerned about the environment, the traffic flow, the safety of pedestrians, and more. The applicant's
initial argument is still flawed. Allowing a property to fall into disrepair is not cause for rezoning.
Thanks,
Neil Becker
10811 Wyncote Drive
Hagerstown, Maryland 21740
December 8, 2017
Dear Mr. Goodrich, the members of the planning commission, and the elected Board of County
Commissioners,
As I did in September, I am writing in opposition of the proposed rezoning of 10662 and 10656
Downsville Pike from RS — Residential Suburban to HI — Highway Interchange. I reviewed the applicant's
original paperwork and the initial ruling on the applicant's appeal. Though similar, this letter is not
identical to the letter I submitted previously. I request that you read my letter in full.
The applicant cites the poor condition of the homes on the property. Prior to the recent decay of one of
the properties, it was inhabited. The county inspectors have allowed the buildings and properties
decline, so a rezoning to permit a restaurant is called for? If the properties had been maintained, they'd
be occupied by owners or tenants.
The applicant's theory that the changing neighborhood calls for a change to HI is not wholly supported
by his documents. There are hundreds of homes within yards of the property in question. Additionally,
there is a county park that serves thousands of children and adults each year through its pool, fields, and
playgrounds. The park houses hundreds of school -aged children each summer as part of the county's
summer programs, as it has for decades. Marty Snook Park and these homes have not changed in
decades, countering the applicant's argument that the neighborhood is changing.
Regarding traffic at the intersection: With the addition of a new Sheetz, it is likely that the intersection
will see increased traffic counts, but those increases will not be due solely to Washington County
residents. Highway travelers with no concern for the safety and living conditions of local residents will
hop off the interstate, purchase fuel and convenience items, and hop back on the interstate. The
increased tax revenues will be minimal, but in increased traffic, litter, noise, and light pollution will not
be minimal. Adding another convenience -style property to the corner opposite of the planned Sheetz
will not benefit the community or the neighborhood.
The construction of a restaurant, gas station, or other convenience style business negatively impacts the
environment. Just feet from the applicant's property is a small stream/run that is part of the Potomac
and Chesapeake watershed. The increased litter and pollution that will negatively impact the
neighborhood and park will also negatively impact the watershed. It is the responsibility of every citizen,
elected official, and appointee to preserve and protect the environment. Changing the property's zoning
to HI opens the door for unnecessary pollutants entering the watershed. Will the property owner and
the county ensure the safety of the environment?
The oddly engineered intersection of Halfway Boulevard and MD 632 (Downsville Pike) should not be
further negatively impacted by a commercial (HI) zoning. Both Downsville Pike and Halfway Boulevard
lack sidewalks and crosswalks for pedestrians to safely walk along and cross the roads. The planned
Sheetz already calls for a new traffic light and re -engineering. Recent "improvements" to the sidewalks
and crosswalks are mindboggling. There are eight to ten feet of sidewalk and cut curb at the
intersections that then attach to non-existent sidewalks. Why are there sidewalks to nowhere? How will
residents of the neighborhoods or park patrons safely approach the new business at the intersection?
The increased pedestrian traffic oh Halfway Boulevard is already noteworthy. The new businesses will
lead to exponentially more foot traffic, especially if the Virginia Avenue Sheetz closes. Will Washington
County and its taxpaying citizens be on the hook for adding sidewalks along Halfway Boulevard due to
the addition of this business? That is not acceptable; the business owner should fully compensate the
Washington County to ensure the safety of pedestrians.
How will drivers enter and exit the new business? Vehicles struggle to enter and exit the park safely, and
the addition of a restaurant or convenience store will not improve the flow of traffic. Drivers, especially
those unfamiliar with the intersection routinely drive through the red turn arrow from Halfway
Boulevard to northbound Downsville Pike. Drivers exiting westbound Interstate 70 routinely run the red
light at Halfway Boulevard to avoid waiting two -three minutes for a green light. Accidents and near -
misses at the current intersection and at the entrance of Marty Snook Park already should be evidence
enough that adding a gas station or other business on the site is inappropriate.
As I did regarding the initial hearing, I respectfully speak against the planned rezoning of the properties.
The rezoning of the properties will negatively impact those living nearby, those using the park, and
those traveling the roadways.
Respectfully submitted,
Neil Becker
10811 Wyncote Drive
Hagerstown, MD 21740
Open Session Item
SUBJECT: National Polic Week, May 13, 2018 – May 19, 2018
PRESENTATION DATE: May 15, 2018
PRESENTATION BY: Sheriff Douglas Mullendore, Washington County Sheriff’s Department
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: Sheriff Mullendore will be conducting a full staff inspection of all Patrol and
Judicial Deputies, to include most vehicles, in recognition of National Police Week. The Board of
County Commissioners will be hosting the event at the location of the former Sears parking lot and
Mission BBQ. The Sheriff’s Department Honor Guard will present the Pledge of Allegiance; while
honoring our fallen officers. Upon completion of the inspection, lunch will be catered by Mission
BBQ with seating inside the Valley Mall (access via Valley Mall entrance between Mission BBQ and
the previous Sears location).
DISCUSSION: N/A
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: Wash Co. Public Relations and Valley Mall staff will arrange details.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Recognition of John Kline Water Distribution Manager on receipt of Maryland Rural
Water Association (MRWA) Distribution Operations Specialist of the Year.
PRESENTATION DATE: May 15, 2018
PRESENTATION BY: Dan DiVito, Deputy Director Department of Water Quality
RECOMMENDED MOTION: None – informational purposes only
REPORT-IN-BRIEF: MRWA is a non-profit 501(c)(6) corporation, founded in 1990. Membership
in the Association includes water and wastewater systems, industry vendors and individual operators;
total membership is approximately 500. Their mission is to improve the quality of life in the rural and
small municipal communities of Maryland regarding the security, safety and availability of affordable
drinking water, and the proper treatment of wastewater to ensure protection of the environment. They
provide training and on-site assistance in the areas of: wellhead and groundwater protection; proper
operations, maintenance, management, health and environmental compliance for drinking water and
wastewater systems; acquiring financing to build, expand and/or upgrade systems for compliance with
federal/state drinking water and wastewater rules and regulations; and, provide regularly scheduled
professional, certified classroom training at various local centers to enable system operators to improve
their skill levels, maintain their certifications and improve their professionalism. At the annual meeting
in Ocean City this past week, John Kline, Washington County’s Water Distribution Manager, was
awarded Distribution Operations Specialist of the Year. John has been an employee of the department
for 21 years and has worked his way up from operator trainee through Chief Plant Operator to the
position he now holds. John’s current job is very unique within the department; he is the primary contact
for our entire water system. Whether it’s a meter problem in Cascade, cloudy water complaint in
Sharpsburg, or a well issue in Clear Spring, John is the primary responder. He meets with customers to
explain billing problems and helps when we need to find a leak in the system. John consistently
performs his duties with the utmost professionalism while maintaining a positive customer service
attitude.
DISCUSSION: N/A
FISCAL IMPACT: N/A
CONCURRENCES:N/A
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Bid Award (PUR-1379) – Video Presentation System for the Washington County
Circuit Court
PRESENTATION DATE: May 15, 2018
PRESENTATION BY: Brandi Naugle, Buyer - Purchasing Department and Michelle Hansen –
Circuit Court.
RECOMMENDED MOTION: To award the Video Presentation System to the responsive,
responsible bidder Nomad Technologies Inc. of Eden Prairie, MN for the lump sum bid of
$55,380.00, including the Alternate No. 1 at $5,409.00, for the total sum of $60,789.00 for a
Nomad LT Multimedia Podium.
REPORT-IN-BRIEF: Notice of the Invitation to Bid (ITB) was published in the local newspaper,
listed on the State of Maryland’s “eMaryland Marketplace” website, and the County’s website.
Bids were received on March 28, 2018. Six (6) person’s/companies registered/downloaded the bid
document on-line. Two (2) bids were received, one (1) of the bids were deemed non-responsive
due the bidder not meeting the all specifications in the bid.
DISCUSSION: N/A
FISCAL IMPACT: Funds are in the DAG account 600600-10-12800-GRT905 in the amount of
$64,084.00.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Bid Matrix Tabulation.
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Maryland Sound & Image, Inc.
Randallstown, MD
Nomad Technologies Inc.
Eden Prairie, MN
Total Lump Sum Bid $49,109.00 $55,380.00
Alternate No. 1:
Two (2) Year Additonal
Warranty/Maintenance
$4,500.00 $5,409.00
Maryland Sound & Image, Inc.: none
PUR-1379
VIDEO PRESENTATION SYSTEM FOR CIRCUIT COURT
I. Advanced Features, 1.: Nomad meets or exceeds all defined specifications.
H. Sound Reinforcement, 1.: Nomad meets or exceeds all defined specifications.
G. Intuitive Ease of Use, 1.: Nomad meets or exceeds all defined specifications.
B. Sources - Document Camera, 1.: Nomad meets or exceeds all defined specifications.
A. Furniture Related, 1.: Nomad meets or exceeds all defined specifications.
F. Sources - Auxillary AV Connections, 2.: All AUX connections are tethered to LT.
F. Sources - Auxillary AV Connections, 1.: RCA inputs are no longer offered by Nomad. VGA+1/8" audio are the
provided alternative analog input.
Nomad meets or exceeds all defined specifications.
L. Installation Services, 1.: 2 days installation and training included in quote. Per addendum No. 1 item #6 Nomad
will provide 4 low voltage runs to determined locations defined at site meeting 4-14-2018
Regional Sales Director, 952-854-6565, amorgan@nomadonline.com
Bids Opened 3-26-2018
Open Session Item
SUBJECT: Contract Renewal (PUR-1250) - Heating, Ventilating, Air Conditioning and
Automatic Temperature Controls Maintenance Service (HVAC/ATC)
PRESENTATION DATE: May 15, 2018
PRESENTATION BY: Brandi Naugle, CPPB, Buyer – Purchasing Department and John Pennesi
- Deputy Director, Parks and Facilities
RECOMMENDED MOTION: Move to renew the contract for the (HVAC/ATC) services with
Miller & Anderson, Inc. of Clear Brook, VA, as requested in its letter dated March 18, 2018 (see
attachment). Miller & Anderson requested an average increase of 5.4 % increase to last years’
contract. They are not requesting any increase to the hourly labor rates for additional services as
needed, but they are requesting an increase for specific services for FY’19.
REPORT-IN-BRIEF: A sole bid was received on April 30, 2014 and the contract was
awarded by the Board on June 3, 2014 as follows:
Miller & Anderson, Inc. of Clear Brook, VA Total Base Bid: $253,630.00
Total Bid for Specific Services: $240,205.00
(annual maintenance on systems at 31 locations)
Labor Rates for Services:
Regular Working Hours: Routine
Technician - $62.00
Helper - $55.00
Evenings and Saturdays: Emergency
Technician - $93.00
Helper - $82.00
Sundays and Holidays: Emergency
Technician - $124.00
Helper - $110.00
Consulting and Design Services
(Hourly Rate): $210.00
The Total Base Bid formula included in the bid document for determining the low bidder
was as follows:
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Total of Specific Services $ _____ Plus 150 Hours x $ _____ (Hourly Rate of Regular Technician)
Plus 75 Hours x $ _____ (Regular Hourly Helper Rate) = Total Base Bid.
Repair parts and materials that are not included in the specific services maintenance agreements
shall be billed at cost plus twenty-five (25%).
The contract is a one (1) year period that commenced on July 1, 2014, with an option by the County
to renew for up to four (4) additional one (1) year periods. The Washington County Health
Department, Washington County Free Library and the Washington County Museum of Fine Arts
are also included in this contract.
DISCUSSION: N/A
FISCAL IMPACT: Funds are available in various departmental budget line item
accounts for these services.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Miller & Anderson, Inc. letter dated March 24, 2017 and Bid
Matrix for requested increase.
AUDIO/VISUAL NEEDS: N/A
I IL y`:,
.�c ANOERSOM
Mechanical / Plumbing Contractors
PO Box 128 / 3470 Martinsburg Pike
Clear Brook, Virginia 22624
Providing professional contracting services since 1911
Phone: 540-667-4757 Fax: 540-667-8038
www.mfflerandanderson.com
March 28, 2018
Rick Curry, CPPO, CPPB — Buyer
Washington County Purchasing Agent
100 West Washington Street — Room 320
Hagerstown, MD 21740
Re: Service Contract Renewal — PUR-1250
Dear Mr. Curry,
Thank you for your time in meeting with Miller & Anderson, Inc. (M&A) regarding the continuation of
contract maintenance services for an additional one (1) year period in Washington County. It is the
intention of M&A to extend the service contract for the time period of July 1, 2018 through June 30, 2019
with the requested additional review completed. At this time, M&A is requesting an increase in the
annual contract amount to $318,950.00. A cost breakdown by facility has been attached for your review.
Again, thank you for this opportunity and if you have any questions regarding the changes noted in this
correspondence or if additional clarification or modification is required, please feel free to contact M&A.
Respectfully Submitted,
nneth J. Lloyd
Miller & Anderson, Inc.
Encl: Washington County Proposed 2018/19 HVAC Maintenance Contract Building Schedule
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Washington County Proposed 2018/19 HVAC Maintenance Contract Building Schedule
M&A Job
Washington County
2018 Proposed
Number
Building Description
Contract Amount
2200118
Court House Annex
$
44,500.00
2200218
Ag Center
$
8,400.00
2200318
Transportation Dept
$
3,300.00
2200418
Health Dept
$
13,500.00
2200518
Martin Luther King
$
3,100.00
2200618
Dwyer Bldg
$
12,100.00
2200718
CO Office Bldg
$
32,000.00
2200818
Detention Center
$
39,500.00
2200918
Wash CO Free Library
$
21,800.00
2201018
Museum
$
21,600.00
2201118
Roads Dept/Northern Ave
$
1,500.00
2201218
Admin Bldg
$
27,600.00
2201318
Sheriff Patrol
$
3,000.00
2201418
Hag Regional Airport
$
5,500.00
2201518
Baltimore St Offices
$
6,900.00
2201618
Water & Sewer
$
6,000.00
2201718
Clearspring Library
$
7,000.00
2201818
911 Fire & Rescue
$
10,000.00
2201918
Smithburg Library
$
4,600.00
2202018
Boonsboro Library
$
4,400.00
2202118
Road Dept/Smithsburg
$
1,700.00
2202218
Admin Annex
$
12,700.00
2202318
Sheriff Annex
$
7,900.00
2202418
Sidling Hill Communication
$
1,700.00
2202518
Hancock Communication
$
1,700.00
2202618
Fairview Communications
$
1,700.00
2202718
Elliott Pkwy Communications
$
1,700.00
2202818
Sharpsburg Communciation
$
1,700.00
2202918
Sit C Communications
$
1,700.00
2203018
Lambs Knoll
$
1,700.00
2203118
Miller Ave -Knoxville -Comm
$
1,700.00
2203218
ST HWY Complex Communic
$
1,900.00
2203318
CO Transportion Transfer
$
1,700.00
2203418
Hag Regional Airport
$
950.00
2203518
Health Adolescent Facility
$
2,200.00
Washington County MD Total
$
318,950.00
PUR-1250 HVAC & ATC MAINTENANCE SERVICES
Description % of Increase
1 Court House & Annex 9.87
2 County Administration Building 3.75
3 County Administration Building II 7.62
4 County Office Building
5 Martin Luther King Center
6 County Transportation Admin. & Maintenance
7 County Transportation Transfer Center
8 William J. Dwyer Memorial Center
9 Washington County Free Library
10 Boonsboro Library
11 Smithsburg Library
12 Washington County Health Dept.
13 Washington County Detention Center & Minimum Security Build.
14 Sheriff's Patrol Facility
15 Public Annex Facility
16 Washington County Highway Dept. - Central Section
17 Washington County Highway Dept. - Eastern Section
18 Washington County Museum of Fine Arts
19 Hagerstown Regional Airport Terminal
PUR-1250 HVAC & ATC MAINTENANCE SERVICES
Description % of Increase
20 Dept. of Water Quality (Semi-annual insp. - 2 per year)
21 Univ. of MD Extension Service & Rural Heritage Museum
22 Leonard P. Snyder Library
23 Wash. County Health Dept. 24-Hour Adolescent Facility
24 Wash. County Administrative Annex
25 Sidling Hill Communications Shelter
26 Hancock Communications Shelter
27 Fairview Mtn. & MD Public Television Comm. Shelter
28 Elliott Parkway Communications Shelter
29 Sharpsburg Water Tank Communications Shelter
30 Site C Communications Shelter
31 State Highway Complex Communications Shelter
32 Lamb's Knoll Communications Shelter 1
33 Miller Avenue Communications Shelter
34 Hagerstown Regional Airport Fire Station (Semi-annual insp. - 2 per year)
35 911 Fire & Rescue
TOTAL
Open Session Item
SUBJECT: Contract Renewal (PUR-1251) - Electrician Services at County Facilities
PRESENTATION DATE: May 15, 2018
PRESENTATION BY: Brandi Naugle, CPPB, Buyer – Purchasing Department and John Pennesi
– Deputy Director, Parks and Facilities
RECOMMENDED MOTION: Move to renew the contract for Electrician Services at County
Facilities with Kube Electric Company, Inc. (KECI), of Williamsport, MD, per the rates included
in its letter dated February 26, 2018. KECI is requesting an approximate 5% increase above the
current hourly rates for work performed by an Electrician and an Apprentice during Regular Hours,
Evening, Saturdays, Sundays, and Holidays as well as the rate for Consulting and Design Services.
REPORT-IN-BRIEF: On June 17, 2014, the Board originally awarded a contract for the subject
services to KECI, at the rates as indicated below and based on a Total Base Bid formula. The
contract is a one (1) year contract that commenced on July 1, 2014, with an option by the County
to renew for up to four (4) additional consecutive one (1) year periods thereafter. This is the last
year of the contract, next year new pricing will be solicited. Using the formula with KECI’s
proposed rates, KECI’s rates are lower than the two other bidder’s (Eastern Sales & Engineering
of Baltimore, MD and Big D Electric, Inc. of Cumberland, MD) original Total Base Bid.
Kube Electric Company, Inc., (KECI) Williamsport, MD
Previously Contracted
Rates for KECI
Labor Rates for Service: FY’14 FY’15 FY’16 FY’17 FY’18 FY’19
Regular Working Hours: Routine
Electrician $24.90 $25.75 $25.75 $26.55 $27.10 $28.45
Helper $15.35 $15.75 $15.75 $16.25 $16.55 $17.35
Evenings and Saturdays: Emergency
Electrician $37.95 $39.00 $39.00 $40.00 $40.75 $42.80
Helper $24.60 $25.25 $25.25 $26.00 $26.50 $27.80
Sundays and Holidays: Emergency
Electrician $37.95 $39.00 $39.00 $40.00 $40.75 $42.80
Helper $24.60 $25.25 $25.25 $26.00 $26.50 $42.50
Consulting and Design Service
(Hourly Rate): $46.50 $47.50 $47.50 $49.00 $50.00 $52.50
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
The County sets the percentage markup for billed repair parts and materials at cost plus a
percentage of twenty-five (25%) percent.
The Total Base Bid formula included in the bid document for determining the low bidder
was as follows:
1,200 Hours x $ (Regular Electrician Labor Rate) Plus 250 Hours x $ (Helper
Labor Rate) = Total Base Bid
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in various department line item accounts for these
services.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Kube Electric Company, Inc. letter dated February 26, 2018.
AUDIO/VISUAL NEEDS: N/A
Electric Company, Inc.
Washington County Purchasing Department
Washington County Administration Complex
100 West Washington Street, Room 3200
Hagerstown, MD 21740
Attention: Mr. Rick Curry, CPPO-Director of Purchasing
Reference: Electrical Maintenance Contract PUR-1251
11415 Drop Road
Williamsport, MD. 21795
(301) 223-6437
February 26, 2018
Dear Mr. Curry,
Kube Electric Company, Inc. would like to renew our electrical maintenance contract with the
Commissioners for Washington County for the upcoming fiscal ym of 2018/2019, Kube Electric has
enjoyed working with the County and we have developed a good working relationship with the County's
personnel. Kube has the knowledge of the various buildings electrical sysfems and services.
Due to several cost increases over the last year, we are asking for an increase of approximately 5%
on our labor rates.
Regular Working Hours: Routine
Electrician ---- $28.45 per hour
Apprentice --- $17.35 per hour
Evenings Saturdays, Sundays, Holidays, Emergency
Electrician ---- $42.80 per hour
Apprentice --- $27.80 per hour
Consulting and design services: $52.50 per hour
Overhead for repair parts and materials will remain unchanged at 25% over our cost.
We hope that this will be satisfactory with the County Commissibners and look forward to working
with you and the rest of the County's Staff in the upcoming year. If you have any questions, please do not
hesitate to call.
aw 'AIM OO r o19ria4Sa
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cc: Mr. James L. Sterling, Directoroblic Works
Res ectfully Submitt d,
Robert S. Holbruner
President
COMMERCIAL • INDUSTRIAL • RESIDENTIAL
Open Session Item
SUBJECT: Contract Renewal (PUR-1310) - Uniforms for Washington County Sheriff’s Officers
PRESENTATION DATE: May 15, 2018
PRESENTATION BY: Brandi Naugle, CPPB, Buyer – Purchasing Department and Cody Miller
– Washington County Sheriff’s Office
RECOMMENDED MOTION: Move to renew the contract Uniforms for the Washington
County Sheriff’s Office with Red the Uniform Tailor, Inc., of Lakewood, NJ based on its letter
dated March 17, 2018 requesting an average of a four (4%) increase for FY’19.
REPORT-IN-BRIEF: On July 12, 2016 the Board originally awarded a contract for the Uniform
Services based on the Total Lump Sum Bid. The contract term is for one (1) year with two (2) one-
year renewal options. The County reserves the right to accept or reject any request for renewal by
the Bidder and any increase in cost.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in various department line accounts for FY’19’s
Proposed Budget: Patrol Division (Dept. 11310) - $77,190.00, Judicial Division (Dept. 11300) -
$7,500.00, Process Servers (Dept. 11305) - $200.00, Detention Division (Dept. 11320) -
$32,100.00, Central Booking (Dept. 11315) - $2,000.00, Day Reporting (Dept. 11321) - $700.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation Matrix
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
From:rtutbucks@aol.com
To:Naugle, Brandi; rtutbucks@aol.com
Subject:CONTRACT RENEWAL
Date:Saturday, March 17, 2018 9:16:46 AM
Ms. Naugle
After reviewing all the current contract pricing that has been in place to two years, it will be necessary to increase
prices on some items due to increase labor and material costs in order to extend the contract for another year. Only
the items listed below have increased, all other items on the contract will remain the same.
CLASS A TROUSERS $84.50
LONG SLEEVE CLASS A SHIRTS $82.95
SHORT SLEEVE CLASS A SHIRTS $79.95
CLASS A DRESS BLOUSE (SERGEANT & BELOW) $386.95
CLASS A DRESS BLOUSE (LIEUTENANT) $386.95
CLASS A DRESS BLOUSE (CAPTAIN) $396.95
CLASS A DRESS BLOUSE (MAJOR) $406.95
CLASS A DRESS BLOUSE (COLONEL) $416.95
CLASS A DRESS BLOUSE (SHERIFF) $426.95
FELT HATS W/HAT STRAPS $122.50
STRAW HATS W/HAT STRAPS $92.50
LONG SLEEVE CLASS C SHIRTS $54.50 *
SHORT SLEEVE CLASS C SHIRTS $52.50 *
LONG SLEEVE CLASS A SHIRTS $87.95 *
SHORT SLEEVE CLASS A SHIRTS $84.95 *
*DETENTION
Michael D. Bucks
Red The Uniform Tailor Inc.
800-272-7337 - ext 397-factory
610-659-0099 - cell
610-478-8989 - fax
Open Session Item
SUBJECT: Harry E. Benton, Jr. Rural Legacy Program (RLP-Maryland) and Agricultural
Conservation Easement Program (ACEP-Federal) Easement
PRESENTATION DATE: May 15, 2018
PRESENTATION BY: Eric Seifarth, Rural Preservation Administrator and Chris Boggs, Land
Preservation Planner, Dept. of Planning & Zoning
RECOMMENDED MOTION: Move to approve the Harry E. Benton, Jr. RLP/ACEP Easement
project, in the amount of $645,687.50 for 201.5 easement acres, paid for 100% by the Maryland
Department of Natural Resources (RLP) and the United States Department of Agriculture (ACEP),
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 Benton property is located on Jordan Road, Fairplay. The RLP/ACEP
Easement will protect 33.1 acres of woods, 42.8 acres pasture, 25.5 acres of crop, 92.6 acres of
hay, and 1.5 acres of wetland. It will also serve to buffer a portion of St. James Run. The two
houses on the property are designated historic and the parcel is contiguous with other preserved
properties. Seven (7) development rights will be extinguished with this easement. Since 1998,
Washington County has been awarded over $20 million to purchase Rural Legacy easements on
more than 6,100 acres. Both the RLP easement valuation formula and an appraisal were used to
determine easement value.
DISCUSSION: The County Commissioners approved participation in the ACEP program in
October 2015 and the Benton easement purchase is now ready for approval. The Benton easement
will utilize a portion of Washington County’s FY 2018 RLP grant of $1,359,000 and a portion of
the ACEP grant of $760,000.
FISCAL IMPACT: The funding is a mixture of State and federal dollars which are used to fund
the project in its entirety. In addition to the easement funds, the County receives up to 3% of the
easement value for administrative costs, 1.5% for compliance costs, and funds to cover all of our
legal/settlement costs.
CONCURRENCES: Both the State RLP Board, the State Department of Natural Resources
(DNR) staff, and USDA staff have approved and support our program. A final money allocation
will be approved by the State Board of Public Works.
ALTERNATIVES: If Washington County rejects State and federal funds for RLP/ACEP, the
RLP funds will be allocated to other counties in Maryland, and the ACEP funds will be lost.
ATTACHMENTS: Aerial Map, Location Map, RLP Info Sheet, Ordinance
AUDIO/VISUAL NEEDS:
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
JORDA
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Benton RLP/ACEP
0 0.08 0.16 0.24Miles
WARNING!: This map is for internal use by the Washington County Planning Department. It is not for
general distribution to the public, and should not be scaled or copied. Sources of the data contained hereon
are from various public agencies which may have use restrictions and disclaimers
The parcel lines shown on this map are derived from a variety of sources which have their own accuracy
standards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteed
by Washington County Maryland or the Maryland Department of Assessments and Taxations to be free of
errors including errors of omission, commission, positional accuracy or any attributes associated with real
property. They shall not be copied, reproduced or scaled in any way without the express prior written
approval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replace
an accurate survey by a licensed professional and information shall be verified using the relevant deeds,
plats and other recorded legal documents by the user.
0 320 640 960 1,280 1,600Feet
Printed: Monday, April 30, 2018
Printed by: cboggs
Harry E. Benton, Jr.
8778 Jordan Road
Fairplay, MD 21733 ®
COGAN JERILYN J
WD FARMS LLC
WEAVER, CARL P
WEAVER, CARL P
Weaver
Matheny
W D Farms, LLC
BURNS
Vanfossen/Cogan
Vanfossen/Cogan
HAYES
CLINE
COFFMAN
GREEN
LEATHER
COFFMAN
CAVANAUGH
DURBIN
ST JAMES SCHOOL INC
GREEN
BENTON
CAVANAUGHFLETCHER
GREEN GREEN
SPIELMAN RD
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0 0.25 0.5 0.75Miles
WARNING!: This map is for internal use by the Washington County Planning Department. It is not for
general distribution to the public, and should not be scaled or copied. Sources of the data contained hereon
are from various public agencies which may have use restrictions and disclaimers
The parcel lines shown on this map are derived from a variety of sources which have their own accuracy
standards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteed
by Washington County Maryland or the Maryland Department of Assessments and Taxations to be free of
errors including errors of omission, commission, positional accuracy or any attributes associated with real
property. They shall not be copied, reproduced or scaled in any way without the express prior written
approval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replace
an accurate survey by a licensed professional and information shall be verified using the relevant deeds,
plats and other recorded legal documents by the user.
0 990 1,980 2,970 3,960 4,950Feet
Printed: Monday, April 30, 2018
Printed by: cboggs
^_
Harry E. Benton, Jr.
8778 Jordan Road
Fairplay, MD 21733
Conservation Reserve Enhancement Program
AG District
MALPF AG Easement
Rural Legacy Area Properties
Other Permanent Easements
®
Rural Legacy Program (RLP) Information
Purpose of Program: RLP seeks to protect farmland and open space which contains
significant agricultural, environmental and cultural/historic features. The Maryland
Department of Natural Resources (DNR) funds the program and protects land mainly
with the use of permanent easements. However, the Board of County Commissioners
(BOCC) of Washington County is the holder of RLP easements.
Easement Valuations: The price paid for permanent easements is determined using a
valuation worksheet. The more of the above listed features on the property, the higher the
easement values.
Priority of Properties: As with most programs of this sort, there is a chronic shortage of
funds available. Therefore, properties that are contiguous to existing permanently
protected land are given priority. Other priorities include: prime agricultural lands; prime
woodland (CREP is encouraged); land with environmental features needing protection
such as endangered species, streams, sinkholes, and properties with historic value such as
Antietam Battlefield area.
Processing of Applications: Each year, Washington County applies to DNR for RLP
funding. Negotiations then begin with landowners who have expressed interest in the
program. There are many steps until easement settlement occurs and the process takes
about a year to complete once properties are chosen for processing. After the BOCC
approves the applications, the Board of Public Works in Annapolis makes final selections
for funding.
For More Information: Contact Eric Seifarth using information in the above letterhead
or by E-mail: eseifarth@washco-md.net
I:LandPreservation/RuralLegacy/basicinformation.doc
ORDINANCE NO. _______________
AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION
EASEMENT UNDER THE MARYLAND RURAL LEGACY PROGRAM AND UNDER
THE AGRICULTURAL CONSERVATION EASEMENT PROGRAM, A PROGRAM OF
THE NATURAL RESOURCES CONSERVATION SERVICE
(Re: Benton RLP/ACEP Conservation Easement)
RECITALS
1. The Maryland Rural Legacy Program (“RLP”) provides the funding necessary to
protect large, contiguous tracts of land and other strategic areas from sprawl development and to
enhance natural resource, agricultural, forestry and environmental protection through cooperative
efforts among State and local governments.
2. The Agricultural Conservation Easement Program (“ACEP”) provides funding
necessary to protect large, contiguous tracts of farmland and grassland areas from sprawl and to
enhance local agricultural properties through cooperative efforts among federal, State and local
governments.
3. Protection is provided through the acquisition of easements and fee estates from
willing landowners and the supporting activities of Rural Legacy Sponsors and local, State, and
federal governments.
4. For FY 2018, Washington County was awarded a RLP grant totaling $1,359,000
(the “RLP Funds”).
5. For FY 2016 through FY 2019, Washington County was awarded an ACEP grant
totaling $760,000 (the “ACEP Funds”).
6. Harry E. Benton, Jr. (the “Property Owner”) is the fee simple owner of real
property consisting of 201.5 acres, more or less, (the “Property”) in Washington County,
Maryland. The Property is more particularly described on Exhibit A attached hereto.
7. The County has agreed to pay the sum of approximately Six Hundred Forty-Five
Thousand, Six Hundred Eighty-Seven Dollars and Fifty Cents ($645,687.50), which is a portion
of both the RLP Funds and the ACEP Funds, to the Property Owner for a Deed of Conservation
Easement on the Property (the “Benton RLP/ACEP Easement”).
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Washington County, Maryland, that the purchase of a conservation easement on the Property be
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 Benton RLP/ACEP Easement.
ADOPTED this ____ day of __________________, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
________________________ BY: _________________________________
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
EXHIBIT A
DESCRIPTION OF EASEMENT PROPERTY
All the following real property, situate along the Southwest side of Jordan Road and along the
West side of the Norfolk and Western Railroad in Election District No. 12, Washington County,
Maryland, and being more particularly described in a description prepared by Joseph H. Seibert,
County Surveyor, on or about March 17, 1971, as follows:
BEGINNING at a planted stone at the beginning of the first tract of Parcel No. 1 of the
Deed from Gilbert W. Hovermale, Trustee, to Jacob Wilson Corwell, et al, dated April 9, 1969
and recorded in Liber 486, folio 319 among the Land Records of Washington County, Maryland,
and running thence with the line of said tract North 12 ¼ degrees East 59 perches to a stone;
thence South 89 ½ degrees East 4 perches; thence North 3 degrees East 22 1/10 perches; thence
South 85 degrees East 20 6/10 perches; thence North 4 ½ degrees East 13 perches; thence South
66 ¾ degrees East 51 2/10 perches; thence North 17 degrees East 37 6/10 perches; thence North
61 ¾ degrees East 5 perches; thence North 38 ¼ degrees East 29 perches; thence North 27
degrees East 8 perches; thence South 65 ½ degrees East 21 8/10 perches; thence North 24 ½
degrees East 13 perches; thence North 27 ½ degrees West 6 6/10 perches; thence North 8 ½
degrees East 12 2/10 perches; thence North 79 ¼ degrees West 10 75/100 perches; thence North
27 ½ degrees East 70 4/10 perches to a post in the Southwest margin of the said Jordan Road;
thence along the margin thereof South 47 degrees 31 minutes East 471.23 feet to a point; thence
South 57 degrees 38 minutes East 944.0 feet to a post; thence South 57 degrees 01 minute East
645.68 feet to a post; and South 78 degrees 26 minutes East 161.92 feet to the West marginal line
of the right of way of the Norfolk and Western Railway Company; thence binding on said right
of way South 26 degrees 58 minutes West 1542.73 feet to a point; and by a curve to the left
having a radius of 1465.69 feet for a distance of 945.32 feet, the chord being South 8 degrees 29
minutes 23 seconds West 929.02 feet to a point; thence leaving the railroad and running South
87½ degrees West 3812 feet, more or less, to the point of beginning; containing 201.5 acres of
land, more or less.
Being all of the same property which was conveyed from Daniel Lee Benton, et al, to
Harry E. Benton, Jr, by deed dated May 28, 2015 and recorded in Liber 4980, folio 321 among
the Land Records of Washington County, Maryland.
Open Session Item
SUBJECT: Lyle S. & April J. Firnhaber Rural Legacy Program (RLP-Maryland) and Agricultural
Conservation Easement Program (ACEP-Federal) Easement
PRESENTATION DATE: May 15, 2018
PRESENTATION BY: Eric Seifarth, Rural Preservation Administrator and Chris Boggs, Land
Preservation Planner, Dept. of Planning & Zoning
RECOMMENDED MOTION: Move to approve the Lyle S. and April J. Firnhaber RLP/ACEP
Easement project, in the amount of $489,249.69 for 157.38 easement acres, paid for 100% by the
Maryland Department of Natural Resources (RLP) and the United States Department of Agriculture
(ACEP), 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 Firnhaber property is located on Kaetzel Road, Rohrersville. The
RLP/ACEP Easement will protect 65.48 acres of woods, 5.24 acres of pasture, 59.67 acres of crop, and
21.99 acres of hay. It will also serve to buffer a portion of Israel Creek. The house on the property is
designated historic and seven (7) development rights will be extinguished with this easement. Since 1998,
Washington County has been awarded over $20 million to purchase Rural Legacy easements on more
than 6,100 acres. Both the RLP easement valuation formula and an appraisal were used to determine
easement value.
DISCUSSION: The County Commissioners approved participation in the ACEP program in October
2015 and the Firnhaber easement purchase is now ready for approval. The Benton easement will utilize a
portion of Washington County’s FY 2018 RLP grant of $1,359,000 and a portion of the ACEP grant of
$760,000.
FISCAL IMPACT: The funding is a mixture of State and federal dollars which are used to fund the
project in its entirety. In addition to the easement funds, the County receives up to 3% of the easement
value for administrative costs, 1.5% for compliance costs, and funds to cover all of our legal/settlement
costs.
CONCURRENCES: Both the State RLP Board, the State Department of Natural Resources (DNR)
staff, and USDA staff have approved and support our program. A final money allocation will be approved
by the State Board of Public Works.
ALTERNATIVES: If Washington County rejects State and federal funds for RLP/ACEP, the RLP
funds will be allocated to other counties in Maryland, and the ACEP funds will be lost.
ATTACHMENTS: Aerial Map, Location Map, RLP Info Sheet, Ordinance
AUDIO/VISUAL NEEDS:
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
KAET
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Firnhaber RLP/ACEP
0 0.095 0.19 0.285Miles
WARNING!: This map is for internal use by the Washington County Planning Department. It is not for
general distribution to the public, and should not be scaled or copied. Sources of the data contained hereon
are from various public agencies which may have use restrictions and disclaimers
The parcel lines shown on this map are derived from a variety of sources which have their own accuracy
standards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteed
by Washington County Maryland or the Maryland Department of Assessments and Taxations to be free of
errors including errors of omission, commission, positional accuracy or any attributes associated with real
property. They shall not be copied, reproduced or scaled in any way without the express prior written
approval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replace
an accurate survey by a licensed professional and information shall be verified using the relevant deeds,
plats and other recorded legal documents by the user.
0 370 740 1,110 1,480 1,850Feet
Printed: Tuesday, May 1, 2018
Printed by: cboggs
Lyle S. & April J. Firnhaber
3300 Kaetzel Road
Rohrersville, MD 21705 ®
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CZARRA, EDGAR F., JR.
CZARRA, EDGAR F., JR.
Morgan
Mullendore
Mullendore
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TAULTON
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0 0.25 0.5 0.75Miles
WARNING!: This map is for internal use by the Washington County Planning Department. It is not for
general distribution to the public, and should not be scaled or copied. Sources of the data contained hereon
are from various public agencies which may have use restrictions and disclaimers
The parcel lines shown on this map are derived from a variety of sources which have their own accuracy
standards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteed
by Washington County Maryland or the Maryland Department of Assessments and Taxations to be free of
errors including errors of omission, commission, positional accuracy or any attributes associated with real
property. They shall not be copied, reproduced or scaled in any way without the express prior written
approval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replace
an accurate survey by a licensed professional and information shall be verified using the relevant deeds,
plats and other recorded legal documents by the user.
0 990 1,980 2,970 3,960 4,950Feet
Printed: Tuesday, May 1, 2018
Printed by: cboggs
^_
Lyle S. & April J. Firnhaber
3300 Kaetzel Road
Rohrersville, MD 21705 ®
Conservation Reserve Enhancement Program
AG District
MALPF AG Easement
Rural Legacy Area Properties
Other Permanent Easements
DN
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Rural Legacy Program (RLP) Information
Purpose of Program: RLP seeks to protect farmland and open space which contains
significant agricultural, environmental and cultural/historic features. The Maryland
Department of Natural Resources (DNR) funds the program and protects land mainly
with the use of permanent easements. However, the Board of County Commissioners
(BOCC) of Washington County is the holder of RLP easements.
Easement Valuations: The price paid for permanent easements is determined using a
valuation worksheet. The more of the above listed features on the property, the higher the
easement values.
Priority of Properties: As with most programs of this sort, there is a chronic shortage of
funds available. Therefore, properties that are contiguous to existing permanently
protected land are given priority. Other priorities include: prime agricultural lands; prime
woodland (CREP is encouraged); land with environmental features needing protection
such as endangered species, streams, sinkholes, and properties with historic value such as
Antietam Battlefield area.
Processing of Applications: Each year, Washington County applies to DNR for RLP
funding. Negotiations then begin with landowners who have expressed interest in the
program. There are many steps until easement settlement occurs and the process takes
about a year to complete once properties are chosen for processing. After the BOCC
approves the applications, the Board of Public Works in Annapolis makes final selections
for funding.
For More Information: Contact Eric Seifarth using information in the above letterhead
or by E-mail: eseifarth@washco-md.net
I:LandPreservation/RuralLegacy/basicinformation.doc
ORDINANCE NO. _______________
AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION
EASEMENT UNDER THE MARYLAND RURAL LEGACY PROGRAM AND UNDER
THE AGRICULTURAL CONSERVATION EASEMENT PROGRAM, A PROGRAM OF
THE NATURAL RESOURCES CONSERVATION SERVICE
(Re: Firnhaber RLP/ACEP Conservation Easement)
RECITALS
1. The Maryland Rural Legacy Program (“RLP”) provides the funding necessary to
protect large, contiguous tracts of land and other strategic areas from sprawl development and to
enhance natural resource, agricultural, forestry and environmental protection through cooperative
efforts among State and local governments.
2. The Agricultural Conservation Easement Program (“ACEP”) provides funding
necessary to protect large, contiguous tracts of farmland and grassland areas from sprawl and to
enhance local agricultural properties through cooperative efforts among federal, State and local
governments.
3. Protection is provided through the acquisition of easements and fee estates from
willing landowners and the supporting activities of Rural Legacy Sponsors and local, State, and
federal governments.
4. For FY 2018, Washington County was awarded a RLP grant totaling $1,359,000
(the “RLP Funds”).
5. For FY 2016 through FY 2019, Washington County was awarded an ACEP grant
totaling $760,000 (the “ACEP Funds”).
6. Lyle S. Firnhaber and April J. Firnhaber (collectively, the “Property Owner”) is
the fee simple owner of real property consisting of 157.38 acres, more or less, (the “Property”) in
Washington County, Maryland. The Property is more particularly described on Exhibit A
attached hereto.
7. The County has agreed to pay the sum of approximately Four Hundred Eighty-
Nine Thousand, Two Hundred Forty-Nine Dollars and Sixty-Nine Cents ($489,249.69), which is
a portion of both the RLP Funds and the ACEP Funds, to the Property Owner for a Deed of
Conservation Easement on the Property (the “Firnhaber RLP/ACEP Easement”).
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Washington County, Maryland, that the purchase of a conservation easement on the Property be
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 Firnhaber RLP/ACEP Easement.
ADOPTED this ____ day of __________________, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
________________________ BY: _________________________________
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
EXHIBIT A
DESCRIPTION OF EASEMENT PROPERTY
All that tract, lot, or parcel of land, and all the rights, ways, privileges and appurtenances
thereunto belonging or in anywise appertaining, situate on the East side of Elk Ridge,
approximately one mile Northwest of Gapland, in Election District No. 8, as shown on Tax Map
No. 84 as Parcel No. 51, in Washington County, Maryland, and as shown on a survey Plat
entitled “Survey Plat for Vincent S. Coe” recorded at Plat Folio 1307 among the Plat Records of
Washington County, Maryland, and being more particularly described as follows:
BEGINNING at a 12 inch white oak at a fence junction, said tree being at or near the
place of beginning in the Deed to Vincent S. and Katherine Coe, recorded in Liber 365, Folio
106 among the Land Records of Washington County, Maryland, thence with the closing line of
said Deed reversed, running in part with a fence line North 75 degrees 45 minutes 05 seconds
West 1590.98 feet to a 1/2″ iron pipe found, corner to [now or formerly] L. Z. Neilands and John
Chambers; thence leaving the lands of Neilands and running with Chambers then [now or
formerly] Thomas Mullendore North 51 degrees 12 minutes 25 seconds East 245.84 feet; thence
North 32 degrees 12 minutes 30 seconds East 207.90 feet to a point in a plowed field; thence
with a portion of Lot 64 of “Antietam Iron Works” North 78 degrees 47 minutes 30 seconds
West 325.87 feet to a 5/8″ rebar set; thence leaving Thomas Mullendore and running with the
division line through Lot 65 of “Antietam Iron Works” formerly owned by Naomi Mullendore
North 00 degrees 57 minutes 30 seconds East 349.61 feet to a 5/8″ rebar set; thence along the
North side of said lot 65 North 72 degrees 33 minutes 40 seconds West 2,993.57 feet to a stone
pile found at the top of Elk Ridge, corner to Lot 65 and 66; thence North 13 degrees 26 minutes
00 seconds East 326.28 feet to a stone pile found; corner to Lots 66 and 67; thence with a portion
of Lot 67 South 73 degrees 21 minutes 55 seconds East 1,056.00 feet to a 5/8″ rebar set at the
corner of a stone fence; thence with a division line through Lot 67 North 08 degrees 16 minutes
50 seconds East 363.00 feet to a 5/8″ rebar set at the corner of the same fence in a line of Lot 68;
thence with Lot 68; thence with Lot 68 South 75 degrees 43 minutes 15 seconds East 1,003.14
feet to a stone pile found; thence by a division line through Lots 68 and 69 North 06 degrees 44
minutes 00 seconds East 649.54 feet to a 5/8″ rebar set in a line of Lot 70; thence with said lot
the following two courses and distances: South 77 degrees 52 minutes 20 seconds East 1,010.36
feet to the junction of a stone fence with a wire fence; thence with the wire fence North 09
degrees 11 minutes 45 seconds East 63.01 feet to a 15″ poplar, corner to [now or formerly]
Howard C. Market; thence with Marker North 48 degrees 45 minutes 55 seconds East 1,100.91
feet to a 15″ tree fence corner; thence South 08 degrees 06 minutes 25 seconds West 972.49 feet
to a fence post at the junction of a fence; thence South 37 degrees 53 minutes 40 seconds East
108.90 feet to a point in a plowed field; thence South 86 degrees 10 minutes 15 seconds East
830.60 feet to a steel stake found in a fence line; thence South 02 degrees 20 minutes 55 seconds
West 752.59 feet to a steel post found; thence South 82 degrees 23 minutes 30 seconds East
781.94 feet to a steel rod found in a fence line; thence with the fence South 51 degrees 49
minutes 30 seconds West 908.42 feet to a planted stone found in said fence; thence continuing
with said fence South 24 degrees 37 minutes 10 seconds West 943.71 feet to the point of
beginning; containing 160.08 acres of land, more or less.
SUBJECT TO the Baltimore and Ohio Railroad right of way containing approximately
2.7 acres as shown on the aforementioned Plat recorded at Plat Folio 1307, leaving a net acreage
of 157.38 acres, more or less;
SUBJECT TO AND TOGETHER WITH the rights and obligations of ingress and egress
and the maintenance and improvement of the same as contained in Agreements recorded in Liber
365, Folio 106; Liber 1020, Folio 45; Liber 1020, Folio 51; Liber 1020, Folio 54; and Liber
1318, Folio 512 among the aforesaid Land Records;
AND ALSO
SUBJECT TO a right of way for the purpose of ingress and egress over the existing
private road to and from Lot 65 of “Antietam Iron Works.”
THE street address of the herein described property is currently known and designated as
3300 Kaetzel Road, Rohrersville, Maryland.
BEING all of the same property which was conveyed from Gloria J. Bragunier, et al, to
Lyle S. Firnhaber and April J. Firnhaber, husband and wife, by Deed dated June 19, 2006 and
recorded in Liber 3032, Folio 691 among the Land Records of Washington County, Maryland.
Open Session Item
SUBJECT: 2018 Housing Bond Allocation Transfer
PRESENTATION DATE: May 15, 2018
PRESENTATION BY: Stephen T. Goodrich, Director, Department of Planning and Zoning
RECOMMENDED MOTION: Move to Approve the transfer of Washington County’s 2018
Housing Bond Allocation in the amount of $ 5,357,534.00 to the Community Development
Administration for use in issuing housing bonds on behalf of Washington County.
REPORT-IN-BRIEF: Each year the State of Maryland invites local governments to partner in
a statewide bond pool for first time homebuyers. The pool allows counties to transfer their housing
bond allocation to the State to issue bonds to fund housing programs. Washington County has
traditionally used this allocation to participate in the Maryland Mortgage program.
DISCUSSION: Washington County has been transferring its housing bond allocation to the
Community Development Administration (CDA) annually since at least 2007. Generally, bond
allocation amounts increase from year to year and 2018’s amount has continued that trend.
Maximum allowable acquisition costs ($253,809 and $310,211 in targeted areas) and income
limits for participants (between $92,500 to $129,500 depending on family size) remained the same
as in 2017. The MD DHCD reports purchasing activity in Washington County as 76 units in 2015
($10,360,540), 146 units in 2016 ($20,265,928), 96 units in 2017 ($13,051,467) and 41 units in
2018 ($5,497,993. Targeted areas in Washington County are within Hagerstown city limits.
FISCAL IMPACT: No cost to Washington County
CONCURRENCES: N/A
ALTERNATIVES: If there is no transfer there will be less money available to make housing
loans to Washington County applicants from the Maryland Mortgage Program
ATTACHMENTS: Letter to MD Dept of Housing and Community Development
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form