Silver Spring board approves zoning reset for Texaco Road corridor after heated public hearing

The Silver Spring Township Board of Supervisors voted 3–2 on Jan. 28 to adopt Ordinance 2025‑07, a rezoning that revises the Zoning Map along the Texaco Road corridor.

The ordinance, moved by Supervisor Mark E. Potteiger and seconded by Vice Chair Laura Brown, passed with Supervisors David R. Lenker II and Harry D. Kotzmoyer Jr. opposed. The change was the subject of multiple public comments and an extended hearing in which property owners and residents sharply disagreed on its timing and implications.

Why it matters: proponents and some members of the board described the measure as a corrective step to address traffic and land‑use results they say were not anticipated under the Township’s 2022 zoning update; opponents said the move targets particular parcels while litigation over a development proposal involving some of the same lands remains unresolved.

Resident and parcel owner Donald Yorlets told the board, “I would like to strongly oppose the rezoning of our property at 401 Mulberry Drive and the other 13 properties proposed. It's completely inappropriate to rezone any of these properties that are involved in the litigation.” Attorney Sean Delaney, representing nearby property owners, told the board the County Planning Commission had recommended waiting for ongoing litigation to resolve and warned of potential spot‑zoning and new nonconforming uses. “I think the staff recommendation of waiting for the litigation to be resolved is good advice,” Delaney said, quoting the county staff report.

Vice Chair Laura Brown said the 2022 zoning changes had unintentionally allowed heavier industrial uses closest to long‑established residential streets. “I now realize that it was a mistake to change this property to general slash light industrial,” Brown said, arguing the rezoning better aligns land use with road safety and neighborhood character.

Chair Carldon R. Machamer framed the vote in planning terms, saying the Board had considered traffic patterns and the scale of warehouse development that was not anticipated when the ordinance was last updated. “I can't see how anybody can look at this from a planning standpoint and say this is where we should be sending 700 truck trips a day,” he said, noting concerns over intersection capacity and pedestrian and residential impacts.

What the ordinance does: Ordinance 2025‑07 revises the Township Zoning Map for parcels along the Texaco Road corridor. The Board did not repeal industrial zoning elsewhere; rather, it reclassifies the identified parcels consistent with the map amendment adopted in the motion. Several properties will become nonconforming under the new zoning. The Solicitor noted nonconforming‑use rules remain available under the Township Zoning Ordinance and that existing operations typically retain grandfathered protections.

Board vote and procedure: The motion to adopt the ordinance was made by Supervisor Potteiger and seconded by Vice Chair Brown. The motion carried 3–2 (Potteiger, Brown and Chair Machamer in favor; Lenker and Kotzmoyer opposed). The public record includes extended comments from property owners and attorneys, and the County staff report recommending the Township consider delaying action until legal challenges are resolved.

Next steps: The ordinance takes effect per the Township’s standard ordinance adoption schedule unless appealed; parties who raised objections at the hearing noted they may pursue legal options already underway. The Board indicated it may direct staff to undertake corridor‑level analysis and potential text amendments or overlays to address nonconforming uses and the corridor’s long‑term planning needs.

Ending: The Board adopted the ordinance at the Jan. 28 meeting; attendees were advised materials and the county staff report are available through the Township and County planning offices.