Council reviews amended annexation agreement for Dowd Farm; council asks for traffic study before PUD hearing

Hagerstown City Council on Feb. 18 discussed a proposed amendment to the annexation agreement for the roughly 112-acre Dowd Farm property on the city’s eastern edge, a change the developer and the city say is designed to make the site usable for a pending planned-unit development (PUD).

The change would replace multiple older annexation conditions with a shorter set of updated conditions tied to a phased buildout, and would require creation of a new access to the Dual Highway. Pat Flynn, legal representative for the property owners, said the revised agreement “makes that access required mandatory” and that “by the tenth anniversary of the phase 1 approvals, we would have to dedicate that ground.”

Why it matters: the property was annexed in 2010 under conditions aimed at channeling development and protecting circulation in the area. The council’s decision on the annexation agreement will affect whether the PUD can proceed, when access to the Dual Highway is dedicated or built, and how traffic impacts are addressed for new housing and commercial phases.

Staff and the applicant told council members they are pursuing a two‑step pathway: amend the annexation agreement first so the PUD can be reviewed, then consider the PUD zoning and related site plan materials. Flynn said the applicant’s proposed triggers would require construction of a new access during or shortly after later phases of development or, at minimum, dedication of the right-of-way within ten years. Flynn told the council the applicant intends to phase the project to make it market‑viable and to lock in the Dual Highway access as part of that phasing.

Council members repeatedly pressed for traffic data and for clarity on timing. One council member urged the city to “get the traffic impact studies and the comments of the city and or the county and the state” before altering annexation conditions. Staff responded that a preliminary traffic analysis has been completed and reviewed by the county and state in a preliminary form, but that council members could and should see the study before the public hearing on the PUD.

City staff also described how annexed streets and developer-built public streets are accepted into the city system so members new to the council could understand the process. City Engineer Jim Bender explained the standard city practice during construction and warranty: the developer posts a bond “100% of the construction cost for the street,” the city inspects work during construction and a final inspection precedes council acceptance; after acceptance the original bond is released or reduced to 10% for a one‑year warranty period.

Next steps: staff said the PUD overlay and the annexation amendment will be subject to the public‑hearing process next month. Council members requested that the traffic impact study and the state/county comments be provided in advance of the public hearing so they can review them before any formal vote. Staff indicated any amendment to the annexation agreement would need council approval before an ordinance to adopt the PUD zoning could be introduced.

Council members and staff said they expect layered reviews — the annexation agreement discussion and the PUD process will run close to one another — and that the annexation changes must be resolved before zoning adoption.

Ending: Staff will return to the council with the draft amended annexation agreement, the traffic study and related agency comments, and the public‑hearing schedule so council members can consider any final changes before formal action.