Commissioners approve rezoning of 22.86-acre parcel near Atlantic General Hospital to R-3 multifamily

The Worcester County Commissioners voted 6-0, with one commissioner absent, to approve rezoning case 447 that reclassifies two parcels totaling 22.86 acres on Racetrack Road from C-2 general commercial to R-3 multifamily residential.

Jennifer Keener, director of Development Review and Permitting, opened the public hearing and summarized the planning commission—inding that the area has experienced a change in character and that multifamily residential would be compatible as a transition between single-family neighborhoods and highway commercial uses. Keener noted the parcels are in the county's Existing Developed Area land-use category.

Hugh Cropper, attorney for Maryland Medical Owners 2, LLC and Maryland Medical Owners 3, LLC, told the commission the property—onsists of two parcels (7.62 acres and 15.24 acres) and argued R-3 residential would be less impactful than commercial uses. "With lights, you could put a car dealership there, you could put a Wawa, you could put a Royal Farm," Cropper said, adding that "in every respect, the lights are gonna be less impactful" with residential.

The applicant and its consultants offered three formal proffers as conditions of approval: to retain the recorded forest conservation easement along the rear of the property (a 100-foot buffer), to install a six-foot vinyl privacy fence on the site's side facing Ocean Pines, and to prohibit any vehicular connection through Ocean Pines. The developer lso committed that the fence would be maintained by the future homeowner association or equivalent entity.

Landscape architect Steve Engle and traffic engineer Carl Wilson testified in support. Engle described the recorded forest conservation area as a permanent protective agreement (PPA) and said the applicant would stipulate the buffer remain in place. Traffic engineer Carl Wilson said traffic counts and modeling — including updated July counts — find the existing signalized intersection at the Atlantic General Hospital campus operates at Level of Service A and that a 137-unit multifamily development would not materially worsen operations. "All the intersections are going to be at the same level of service with or without the development of the site," Wilson testified.

Residents who live immediately behind the parcel spoke during public comment. Yvonne Fields, who said she lives at 6 Little John Court and is 88 years old, said she feared losing the trees that currently provide privacy; commissioners and the applicant noted the recorded forest conservation easement and the proffered fence as protections. Roger Brethorst, a nearby homeowner, asked about notice and expressed longstanding concern about development and lighting along the corridor.

Commission debate focused on technical conditions, the extent of the forest buffer and whether the protective agreement could be altered in the future. County staff and the applicant explained that the PPA is a recorded forest conservation easement under county controls; staff said any future release of county-held easement would require a public process and action by the commissioners.

Keener and Cropper clarified process steps that follow rezoning: because the project would exceed 20 units, it must proceed through the Residential Planned Community process (step 1 concept plan with technical review committee and Planning Commission review, then step 2 master plan, and a final step 3 for subdivision or site plan). Keener estimated the development review timeline at roughly 18 months to two years from concept to final approval.

After public comment and discussion, the commission voted to approve rezoning case 447 (motion to approve made on the record; second not specified in transcript). The recorded vote was six in favor, none opposed, one absent.