01/15/2025
In an application dated 11-25-24, the developers of Waugh Chapel,
Main Street, Lot R1 have requested a modification to County Code
§17-6-111(d) to reduce the active recreation and open area
requirement of the code as follows:
Open Space required: 212.355sf x 45% = 95,560sf
Open space provided: 78,190sf
% of required open space provided: 82%
Recreation area required: 212.355 x 20% = 42,471sf
Recreation area provided: 14,669sf
% of required recreation area provided: 30%
Active recreational area required: 42,471 x 50% = 21,236sf
Active recreational area provided: 7,658sf
% of required active recreational area provided: 35%
Although the definition of the term modification is not defined in Title 17 of the code, §17-2-108 authorizes the Planning and Zoning Officer, upon making specific findings, enumerated in writing, to approve modifications that satisfy each of the following criteria:
1. Practical difficulties or unnecessary hardship will result from strict
application of this article.
2. The purpose of this Article, including minimization and mitigation of environmental impacts through use of clustering or other available design alternatives to preserve the character of the impacted area, will be served by an alternative proposal.
3. The modification is not detrimental to the public health, safety, or welfare or injurious to other properties.
4. The modification does not have the effect of nullifying the intent and the purpose of this article, the General Development Plan or Article 18 of this Code
5. The applicant has submitted written verification to the Office of
Planning and Zoning that: i. The requested modification was disclosed and discussed at a community meeting required under this article.
Comments:
1. The term unnecessary hardship is not defined. Would the
unnecessary hardship have occurred if the developer had done more research prior to purchasing the property or designing the
development? Does the code not adequately define development
regulations thus causing these unnecessary hardships? In 2024 there were 297 modification requests, of which 276 (93%) were granted. It is the purpose of the code to define regulations, not to adjust the regulations to solve the developer’s problems. The code regulations should determine the scope of the development. Permission to ignore the code should not be so easily granted.
2. The purpose of Article 17, to determine development regulations,
will be served by alternative proposals. Unfortunately, the mitigations for code changes are rarely determined and reported before the modifications are approved. In the request for Modification # 17691, the alternate proposals, known as mitigations, are not presented.
3. The 2019 accident data from the County Police Department listed 17 accidents at the intersection of MD Rte.3 North and Riedel Road. By 2024 the number of accidents at that intersection had grown to be 57, over three times higher than 2019. The developers state this site is located directly across from Waugh Chapel Town Center with existing sidewalks within the right of way that provide direct access. To use the sidewalks, a walker would need to cross not only Riedel Road but MD Rte.3. N, the median strip, MD Rte. 3 S. and Waugh Chapel Road, all high accident locations. This hardly supports safety, public health and wellness.
4. The modification does have the effect of nullifying the intent of
Article 17. If the intent of Article 17 was to require lessor amounts of open area and recreation space, Article 17 would have required lesser amounts of open area and recreation space. As for the General Development plan, a reduction of 70% in recreational space and 65% in active recreation space makes achieving the community aspects of the goals of a healthy community more difficult.
5. The need for modifications was discussed at the second Community Meeting.
The above information, as well as maps of the designated open space area and recreational space can be found by googling Anne Arundel County Modifications, click pending modifications, scroll down to modification number 17691 and click on Application Letter.
If you would like to comment on modifications in general or
modification 17691 in particular, please send comments to
Ms. Jenny Dempsey, Director, Office of Planning and Zoning
[email protected] and/or County Executive Pittman,
[email protected]
