August 6, 2009
The regular meeting of the
The following business was transacted:
MOTION #1
The Commissioners authorized one addition – Item 6 – Authorization to advertise for bids.
MOTION #2
The Commissioners approved the minutes of the July 30, 2009 public meeting reflecting the detailed summary of the Final Agenda.
REPORT OF THE PRESIDENT
Commissioner Stakem reported on an Executive Session today at 9:30. The three Commissioners, Attorney Rudd, Administrator Eberly, Jerry Frantz and Matt Diaz met on an economic development matter. Virginia Schry recorded.
Commissioner Stakem noted that relative to the controversy in the news where it was noted that several black-topped roads were to be tarred and chipped, they are trying to find a way to improve them. In the case of
PRESENTATION
Item 1. H1N1 Flu (Swine) Update – Dr. Sue Raver, Health Officer, announced that this virus has been named a pandemic strain. She gave statistics on the cases worldwide, in US,
CONSENT AGENDA
As Recommended by
Vote: 3 to 0
Community Services Department
Item 2. Resolution No. 09- 18 Adopted to Modify Transportation Improvement Program to specify that ARRA funding for Allegany County Transit is $916,600 with $282,000 for bus replacements, $384,600 for facility and shop equipment upgrades and $250,000 for preventive maintenance. (See resolution below)
Bureau of Police
Item 3. Grant Accepted a $79,360 state grant titled “Electronic Ticket System – LETR” to purchase electronic equipment (laptop computers, modems & e-citations) and increased budget line item 1359-6409 by same amount to reflect the grant.
Item 4. Grant Accepted a $11,000 state grant titled “School Bus Safety Enforcement Overtime Patrols/ Public Awareness” to utilize off-duty officers to ensure safe transportation of students to schools and increased budget line item1359-6968 by same amount to reflect the grant.
Item 5. Agreement – Authorized President to sign Termination Agreement with Complete HealthCare Resources in the amount of $40,000 which terminates the December 1, 2005 Management Agreement between parties as a result of the sale of the facility.
ADDITIONS AGENDA
Item 6. Advertise for Bids – Authorized Public Works to advertise for bids for the Mt. Savage Water Transmission Main. Funding is available through the American Recovery & Reinvestment Act to assist in connecting to the existing Borden/Zihlman/Morantown system and running 7500 ft. of water line to
Item 2 continued
R E S O L U T I O N No. 09-18
Resolution approving the Revised FY 2008-2011 Transportation Improvement Program.
WHEREAS, the Cumberland Area Metropolitan Planning Organization was established to manage and provide policy direction to the Unified Planning Program in accordance with Federal requirements, and the Allegany County Commissioners have been designated as the temporary Metropolitan Planning Organization for this area as approved by Maryland Governor Harry Hughes on May 17, 1982; and
WHEREAS, the staff of the Maryland Department of Transportation and the Allegany County Department of Community Services have together prepared the revised the Transportation Improvement Program for Fiscal Year 2008-2011 in compliance with applicable Federal programs and regulations; and
WHEREAS, $916,600.00 in American Recovery and Reinvestment Act funds have been approved for use by Allegany County Transit; and
WHEREAS, a breakdown of the funding must be shown in the Transportation Improvement Program; and
WHEREAS, $282,000.00 is to be used for bus replacement; and
WHEREAS, $384,600.00 is to be used for facility and shop equipment upgrades; and
WHEREAS, $250,000.00 is to be used for preventive maintenance; and
NOW, THEREFORE, BE IT RESOLVED that the Allegany County Commissioners acting as the Temporary Cumberland Area Metropolitan Planning Organization approved the revised Fiscal Year 2008 – 2011 Transportation Improvement Program.
ADOPTED THIS 6th day of August, 2009
Reminders: NO PUBLIC MEETING - August 13 – MACo Summer Conference
Next Work Session - Thursday, August 20 at 9:00 a.m., Room 212
Next Public Meeting - Thursday, August 20 at 11:00 a.m., Room 100
ADJOURNMENT: 11:15 a.m.
SPECIAL HEARING
4 Rezoning Cases
Phil Hager, Planning Director gave background on the requests for rezoning and explained the process for the various hearings. The Planning & Zoning Commission, following their July 8 hearing, gave unanimous approval for all 4 rezoning cases.
2009 Zoning Adjustments
Presentation of Cases
Mr. Hager said the purpose of today’s hearing is to accept testimony on four re-zoning proposals. Three of the subject properties are in LaVale, and one is in Pinto.
These re-zonings are being pursued in accordance with Section 141-76(C) (1) (b) of Part 4 – Zoning, of the Code of Allegany County Public Laws. This section of the Code provides for an annual staff review of the Zoning Code and the official County Zoning Map. This review was conducted by Dave Dorsey, Jim Squires and himself at the end of the Fiscal Year 09.
This review yielded four properties whose existing zoning is inconsistent, anomalous or otherwise inappropriate with existing land uses, planned uses, the Comp Plan or accepted planning principles. Consequently, staff recommended that these four properties be considered for re-zoning in accordance with the aforementioned Section of the Zoning Code.
Pursuant to the
The Planning Commission were briefed by staff at their May 20th Business Meeting and again at their June 3rd Work Session. At both meetings, Planning Commission members were given the opportunity to ask questions of staff, the property owners and/or representatives of the property owners. The Planning Commission accepted staff’s recommendation and indicated their desire to move forward with the review and hearing process, and subsequently set June 17th as the Hearing Date. On June 3rd, the Planning Commission conducted a site visit of each of the four properties.
As required by state and County statute, the hearing was advertised in the Times-News on June 2nd and again on June 9th. The Planning Commission was unable to hold the June 17th hearing as originally scheduled, and the hearing was re-scheduled for July 8th.. Public Notice provisions were again observed, and the hearing advertisement was again posted in the Times-News on June 24th and again on July 1st.
On July 8th, the Planning Commission held a Public Hearing on all four proposed re-zonings. There was no opposition and no speakers other than the property owners and/or their representatives offered comment.
In each instance, the Planning Commission unanimously approved a motion to modify the subject parcel’s zoning as recommended by staff. The Planning Commission also unanimously adopted a motion in each of the four cases that the approved zoning modifications be forwarded to the County Commissioners with a recommendation that they give it favorable consideration at their earliest opportunity.
Mr. Hager noted this hearing is to provide additional opportunity for public comment. This Hearing was advertised in the Times-News on July 21st and also on July 28th.
Mr. Hager briefly reviewed the four cases:
He explained that the Yoder Property Case (Map 49 Parcel 6) Maple Tree Lane, Cresaptown in the Pinto area, had been inappropriately rezoned as industrial. He showed the area on a map and said the “Industrial’ zoning (which was done during a previous comprehensive re-zoning) is not consistent with the property owner’s desires, the projected future land use, or conditions on site. The owner now wants to put a home on the property and change it from Industrial to Residential. Staff recommends re-zoning the subject parcel ‘Residential’. (See below)
The second property is the Dudiak Property (Map4V Parcel 8) 11055 National Highway, LaVale, (identified in the business proposal as “Rita’s Ice”), is also an example of inconsistent land use and zoning. The property has been utilized for commercial purposes for at least 50 years, but it is not zoned commercial. The property owner is interested in constructing a business enterprise on site. This use is consistent with sound planning principles and also with the recommended future land use map as adopted in the LaVale Comp Plan. This property was shown on a map. Staff recommends re-zoning the subject parcel ‘Commercial A’.. (See below)
The Holiday Inn Express (Map 5V Parcel 13) is the third candidate. It is located at 1078 National Highway, LaVale. It is a simple zoning district boundary line adjustment. This property, currently under development as a Holiday Inn Express is a case where previous zoning officials drew an arbitrary line a pre-determined distance from National Highway without regard to the existing or future use, without regard to topographical or plan metric considerations, and without regard to the parcel boundaries. In this there is a single property owner who wishes to use the entire parcel for a legitimate commercial use. Existing zoning arbitrarily splits the parcel, denying the owner the ability to use his entire parcel and essentially depriving him of the ability to utilize the remaining portion of the property for any other purpose. Staff recommends modifying the zoning for this property to make the rear of the property consistent with the balance of the parcel to accommodate the hotel. (See below)
The fourth and final property is the LaVale Veterinary Clinic (MacFawn Property (Map 7V Parcel 5) 913 National Highway, LaVale, is a similar case to Holiday Inn Express (shown on map). The owner wishes to expand an existing commercial enterprise on an adjoining lot that he owns. No other use is feasible for this parcel and the LaVale Plan recognized this situation when it recommended that the property be re-zoned ‘Commercial’ to establish consistency between existing commercial uses, the future land use map and the existing anomalous zoning layer. Staff recommends that the future land use identified in the LaVale Plan be implemented to correct this problem. Accordingly, staff recommends modifying the zoning boundary to classify the entire property as ‘Commercial encompasses the veterinarian hospital which is commercial. (See below)
Constituent Comments:
Don Yoder (first candidate), Pinto property owner, said he had nothing to add but requested the change. No one spoke in opposition to the rezoning.
Joe Dudiak (second candidate) attended the meeting but did not speak.
Mike Coughenour, Coughenour Surveying, spoke in favor of the Dudiak property rezoning, noting that the owners wish to build Rita’s Ice on this parcel. They have sought appropriate permits and the health department has reviewed the request.
Mike Coughenour, Coughenour Surveying, spoke in support of the Holiday Inn Express rezoning request. Their building will be on established commercial zoning but they need the rear property zoned commercial for parking.
Commissioner Lewis questioned if the Holiday Inn would sit on the entire lot; and was told yes. He also questioned construction start up, which is slated for September or October.
Mike Coughenour, Coughenour Surveying, then spoke in support of the MacFawn property rezoning. They want to build an addition to their animal hospital and are ready to submit the plans. First it needs to be rezoned like the current property.
Dr. MacFawn was in the audience, but there were no question.
No further testimony was offered. No questions were raised by the Commissioners. The record will be held open for 10 days. The Commissioners next public meeting will be August 20 when they can consider action on all 4 rezoning cases.
ADJOURNMENT:
There being no further business to come to the attention of the Board, a motion to adjourn at 11:30 a.m. was made and duly carried.
_________________________
James J. Stakem, President
True Copy
Attest:
________________________
Clerk