County finalizes

Adamstown plan

 

Zoning process reaches end zone

by Robert Slavin

Staff Writer

 

Frederick County's chief of comprehensive zoning got up to do a victory dance in front of county commissioners on Tuesday.

 

"It's time for my end zone dance," explained Ed Gorski, who has spent much of the past two and a half years working on the Adamstown Region Plan.

 

The dance was spurred by the Frederick Board of County Commissioners' 4-1 vote to pass the plan, which establishes zoning and county policy in the region.  The commissioners passed it with minor changes and with an ordinance concerning a 140-acre propertyin Adamstown planned for development.  Comissioner John "Lennnie" Thompson cast the dissenting vote.

 

In the aftermath of several complaints from farmers who would have had their properties bisected by a proposed Buckeystown bypass, commissioners voted 3-2 to remove the road from the plan.  Comission President  David Gray (R) and commissioner Terry Roderick (R) dissented.

 

The new ordinance placed several restrictions on a planned subdivision on property in Adamstown, owned by Chuck Wade Sod Farms Inc.  The 140 acres west of  Mountville Road and north of Doubs Road  will be limiteds to a maximum of 200 units.  The development of the subdivision will be required to use a street design and architecture that is consistent with historic downtown Adamstown. Walkways will be required between the subdivision and Adamstown-area parks, Carroll Manor Elementary School and the town center. At least 50 percent of the land will be reserved as community open space, including the construction of a public park on           the land.

     

      The commissioners passed the rezoning of the land from agricultural and R-1 (low-density residential) to R-3 low-density residential on the condition that the restrictions are not found illegal. In both R-1 and R-3 zones, only single-family detached homes, duplex and two-family dwellings are allowed.  Only one residential unit per acre is allowed in R-1, whereas three units per acre are allowed in R-3. If the restrictions are found illegal, the zoning will return to agricultural and the development will not be able to go forward.

 

          Thompson explained his intention to vote against the plan in a series of e-mails in the week before Tuesday's vote. He opposed the planned Wade subdivision. "We've ... learned this week that our school

overcrowding situation is probably going to get a alot worse.... To rezone more farmland for residential development will mean either: i) more severe school overcrowding, or ii) another round of massive in-

creases in debt and property taxes to build more schools."

         

          Thompson, an attorney, also said there were legal problems with the plan's handling of the Wade property. He wrote that laws prohibit.  Frederick County from "rezon(ing) land based on conditions not applicable to other lands in the same zoning classification." And while the other four county commissioners plan to approve a series of covenants based on the conditions on the Wade subdivision, Thompson claimed "the BOCC may not re-zone land on the basis of covenants."

 

The commissioners also changed their minds about the zoning and planning.classifications of three properties they had already made preliminary decisions about on Aug. 6.

 

In one case, the commissioners voted in August to rezone a property north of Michael's Mill Road and four-tenths of a mile east of Route 85 from limited industrial to agriculture.  But on Tuesday, they voted 3-2 to have village center planning designation and zoning for some of the land and resource conservation planning designation and zoning for another part of the land.  Gray and Thompson dissented.

 

The resource conservation planning and zoning designation of this roughly 6.4-acre plot will apply to a flood plain area.  The land is owned by the Mar-Ber Development Corp. but rented out by an active auction house.  Zoning chief Gorski was unsure if the auction house is located in the flood plain.  If it is, the auction house is a "nonconforming use." It would be allowed to continue but would have to apply to the county's Board of Zoning Appeals before doing any construction.

 

In a second shift, the commissioners changed their minds about roughly 8.5 acres north of Fingerboard Road and east of Buckeystown Pike.  This property is owned by Charles 0. Miller.  In the 1991 adopted region plan, it had low-density residential planning and light industrial zoning.  In August, the commissioners gave preliminary approval to light industrial planning and agricultural zoning. On Tuesday commissioners voted 3-2 to approve light industrial planning   and zoning.  Thompson dissented

 

In a final shift, commissioners shifted the planning and zoning designations of a four-acre property north of downtown Buckeystown and east of Route 85 that has an office building on it.  In the 1991 region plan the property was planned light industrial and zoned R-3, low density residential.  In August, commissioners proposed an agricultural planning designation and zoning.  On Tuesday, they voted 3-2 to give it village center planning designation and zoning.  Gray and Thompson dissented.  Roy E. Jorgensen owns the property.