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Board approves Comprehensive Plan amendment but tables Texaco Road rezoning after notice errors
Summary
Silver Spring supervisors voted 4–1 Dec. 17 to adopt a Comprehensive Plan amendment reverting the Texaco Road corridor land‑use map and correcting a misstatement about permitted uses in I‑1; the companion zoning map amendment was tabled to Jan. 28 after the township discovered mailing and ownership notification errors.
The Silver Spring Township Board of Supervisors on Dec. 17 approved a Comprehensive Plan amendment (Resolution 27‑2025) that reverts the Texaco Road corridor future‑land‑use designations to their pre‑amendment status and corrects a prior misstatement that implied warehousing and distribution were allowed in the I‑1 district. The board voted 4–1; Supervisor David R. Lenker II cast the lone no vote.
Solicitor Sean M. Shultz explained the two changes covered by the resolution: reversing recent Future Land Use map changes for the Texaco Road corridor and amending the plan language so it accurately reflects that warehousing and distribution are not permitted uses in I‑1, while acknowledging that reusing nonconforming warehousing or distribution might be an economic development opportunity.
During public‑hearing proceedings, staff discovered a mailing error that affected notice to at least one property owner (401 Mulberry). Shultz told the board the township used a county mailing application that populated an incorrect address; required advance notices were mailed at least 30 days before the hearing but went to the wrong address and were returned as undeliverable. "Out of an abundance of caution, I'll be recommending to you that you table the rezone amendment ... and continue the hearing until your January 28th meeting," Shultz said, urging re‑advertisement and corrected property postings.
Board members debated whether to act on the Comprehensive Plan amendment separately from the rezoning. Supervisor Lenker asked whether the board should wait to consider both together; Shultz replied that the Comprehensive Plan update can stand alone and can later be amended again if the rezoning fails. Laura Brown moved to adopt the Comprehensive Plan amendment; Nancy Konhaus‑Griffie seconded. The motion carried 4–1, with Lenker opposed.
The board then opened the companion Zoning Map Amendment hearing and, consistent with the solicitor's recommendation, voted to table the rezoning to the Jan. 28 meeting to allow staff to correct mailing addresses and property‑posting documentation (including verifying a parcel previously listed with no owner that staff later identified as owned by Norfolk Southern). The board said corrected notices and photographic posting evidence will be provided before the continued hearing.
