Freeland
Community Association
Shelley's Fields Settlement Terms
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OVERVIEW
Original
Development Plan
|
Negotiated
Development Plan
|
|
102
acres for Recreational Facility |
39
+ acres for Recreational Facility |
|
32,000
SF Indoor Athletic Facility |
NO Indoor
Facility
|
|
Six
full-size playing fields |
Four
full-size playing fields |
|
Parking
for 591 vehicles |
Parking
for 338 vehicles |
|
Potential
nighttime use |
Park
closes at dusk |
|
3
storm water mgmt ponds in Rec component of plan |
Reduced
to only one SWM pond |
|
Lighting
of facility at night |
All
lights out one hour after sunset |
|
Indoor
facility allowed as "Open Space Common" |
Ruling
remanded |
|
No
use restriction stipulated |
Weekday use limited |
|
No
covenants preventing future expansion |
Covenants
preventing future expansion |
|
No
agricultural use on 102 acres |
Continued ag-use on newly created "conservancy lot" and part of rec facility property . |
At the Wednesday May 2 Hearing Officer's Hearing, after extensive negotiations with the Freeland Community Association, the developer presented a revised development plan to Commissioner Murphy.
This plan represents a substantial reduction in the scope of the Shelley's Fields recreational facility. The indoor facility has been eliminated, as have two of the six proposed fields and the result of this reduction in capacity and use has allowed parking to be reduced by 43%!
At the FCA general meeting on Tuesday March 13, members voted overwhelmingly to give the Officers and Board authority to negotiate with the applicants on behalf of the Association. Through our attorney Carroll Holzer, we proceeded to negotiate with the developer, our goal being to limit the impact of this development on our community to the maximum extent possible. This included not only the traffic impact, but also the environmental impact, which is very real and is part of our case against the original plan. An agreement in principle was reached, after which a special meeting was called to present the terms to the paid membership and contributors to the FCA. The Association voted to proceed with the settlement. This led to the revised plan replacing the original for submission to the county for review.
SETTLEMENT PARAMETERS
1. All parties will agree in writing with formally recorded covenants to all conditions, restrictions, delineation of rights, etc. This covenant will be binding on all parties and be incorporated into the deed restrictions on the property, regardless of future ownership.
2. The Zoning Commissioner will incorporate the primary legal points into the ruling on the Development Plan which will be legally binding and recorded.
3. Agreement of the settlement prohibits the parties, either individually or as a whole, from appealing the Zoning Commissioner's decision.
There will be one development right removed from the initial cluster of 19 lots. Two development rights will be added to the larger tract of 102 acres. One of those rights will have significant acreage that will be placed in permanent conservation easement. This reduces the footprint of the recreational component to just 39 acres and effectively prevents any future expansion of that component. The one development right removed from the initial housing cluster will be the most environmentally sensitive. This decreases the thermal impact on the stream. In addition, each of the new lots will be restricted by covenant to clearing of no more than 25,000 square feet. This is 5,000 square feet less than allowed by the county for wooded lots in an RC-5 zone. This alone saves almost 2 acres of forest. Additional forest is preserved removing one lot and by virtue of the public cul-de-sac being converted to a private drive, thus allowing for a narrower roadway and less clearing.
Because of the reduced scope of the recreational development, two of the three storm water management ponds have been eliminated. This will alleviate much of the thermal impact of runoff on the trout stream. The final SWM plan will have to be approved by Baltimore County.
Building:
There will be no indoor recreational facility. There will be a storage facility allowed of 1500 square feet with a covenant that precludes any recreational activity in the building. There is a Pavilion that is open with a roof that will serve for restroom facilities, picnic tables and benches, and concession space.
Fields:
The fields shall be limited to four full-size playing fields, down from the six originally proposed. One of the four fields may be used as two junior fields. There is a provision for reconsideration at a later date of one additional field, but approval is at the sole discretion of the Community. By restriction, there shall be no lighting of the fields. The community will look at less-intrusive laser lighting if it becomes available in the future. Use of that is again at the sole discretion of the community - we can just say no. The park shall close at dusk.
Park use:
Only one game per day per field is allowed during weekdays. A maximum of four tournaments will be held on the property per calendar year. The property shall not be used to hold festivals, fundraisers, flea markets, etc. The only organized use permitted shall be recreational activities.
Parking:
Parking is reduced from 591 to 338 parking spaces. There will be a grassy area designated for any overflow
parking, but no parking will be allowed along Middletown Road. We have asked that no lighting be provided for the parking lots, as the park should close at dusk. The developer has agreed that if the county requires lighting, it shall be shut off no later than one hour after sunset.
Access:
There will be no access to the fields when the property is not in use. The entrance to the site shall be gated with a substantial barrier - at the very least a steel tube gate that is well anchored and locked.
Landscaping:
A four-foot berm shall be created along Middletown Road where grades and sight lines permit, with additional landscaping and a landscaping plan to be determined. The County landscape architect will make further recommendations on the issue.
Legal:
The prior ruling that determined that a 32,000 SF indoor facility qualifies as "Open Space" in an RC-2 zone will be remanded to the Zoning Commissioner and will therefore not stand as a precedent. The representatives of the FCA have already had preliminary discussions with Councilman McIntire about better-defining Open Space as a matter of law and restricting size and types of non-residential buildings that can be constructed in a Resource Conservation zone. People's Counsel for Baltimore County will join in this initiative.
Agriculture:
In addition to the agricultural use allowed on the newly created conservancy lot, there are areas within the footprint of the recreational portion of the property for continued ag-use.
SUMMARY:
This settlement is a reasonable and appropriate result given the starting parameters and consideration of the cost analysis and risk/reward ratio of further legal action. Further legal action may have resulted in the approval of the original plan. Even if conditions were imposed on the developer by the hearing officer and upheld by a judge at some appellate level, we would not at that point have been able to introduce the covenants and restrictions that protect the terms of settlement we have reached today. It is these restrictions preventing expansion and the overturning of dangerous land-use precedent that will protect our community from an unforeseen impact at some future date.
This result was the achievement of the Board and Officers of the FCA, and of people within the community, financial supporters of the FCA, and many others. Each individual played a significant and important role - the testimony of farmers at the hearings, protestants attending the hearings and signing in, fund raising, financial backers, telephone calls, and all the myriad details that needed attention.