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March 1996: Carroll County Planning and Zoning Commission (PZC) denies the site plan for 254 unit apartment complex due to lack of adequate facilities, specifically schools. May 1997: Board of Zoning Appeals (BZA) affirms the decision of the Planning and Zoning Commission. (Denies approval of plan.) April 1999: The Circuit Court of Carroll County reverses the decisions of the Zoning Boards and orders PZC to approve the site plan without regard to any ordinances that may have been enacted since the plan was first presented. Dec. 2000: The parcel is rezoned to General Business. 3 other parcels of various status were all approved to General business at the same time. August 2003 The parcel reverts back to Residential Zoning. One of the 4 parcels that was approved to business zoning in Dec 2000, was a farm. The rezoning of the farm was bitterly fought. These rezonings were eventually found to be ‘illegal’, and all 4 parcels reverted to their original zoning status. However, Security Development did not know of the change. April 2004: Security Development (SD) submits plans for a business/retail center. May 2004: At the hearing for approval of this new plan, Security Development was informed that this lot was not zoned for business, but had reverted to residential. The same day, SD submits the final plan mylars and record plats for the 254 apartments and demands they be approved per the April 1999, court order. Aug 2004: The PZC denies approval of the site plan. There has been a planning ordinance in place that once a site plan is approved, it must move forward within 18 months. If permits, etc are not requested within that time, all plans must again go through the approval process. SD threatens to file Contempt of Court charges against the Planning and Zoning Commissioners. Oct 2004: The BZA hears the appeal of the plan and has 30 days to make its decision. Before this hearing took place, SD did file Contempt of Court charges. At this hearing, attorneys for SD advise the BZA that the charges were filed and threatened the BZA with the same. Nov 30, 2004: BZA issues their denial of the plan. They agree that too much time has passed. Also cites overcrowded schools, emergency service are stressed and no new water certificates are being issued. New storm water management and reforestation laws have also been enacted. Jan 6, 2005: Security Development files a Petition for Judicial Review. This is a court appeal of the appeal which failed in the BZA. No court date has been set. Feb 3, 2005: Judge Galloway defers making a decision on the contempt of court charges. Sets a new date of Feb. 18. Judge states that his decision most likely will not be announced at that time. Judge Galloway’s clerk informs him of the petitions containing 807 signatures and other letters of support for the Zoning Commissioners and their decision. June 30, 2005: Judge Galloway decides that the PZC must approve the site plan or be held in contempt of court and face jail time and fines. July 19th, 2005: Despite overwhelming community opposition and opposition by the PZC members themselves, the PZC approves the site plan in accordance with Judge Galloway's court order. The Board of County Commissioners appeal Judge Galloway's decision to the Maryland Court of Special Appeals. The Board of County Commissioners ask Judge Galloway to "stay" the decision, essentially preventing the project from proceeding until the appeal is decided. The board also asks that Judge Galloway expedite his decision on the requested stay. July 22nd, 2005: Carrolltowne United, a community-wide action group opposed to the 254-unit complex, is formed. July 25th, 2005: Judge Galloway denies the Board of County Commissioners request for an expedited decision on the "stay" ruling. |
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