Issue 5-051 Raphel Rd - previous Rutkowski Farm

Petitioner: Council
Owner: Maryland Transportation Authority
Map grid: 064A2/064B2
Growth Tier: 4
Elementary School: Kingsville
Middle School: Perry Hall
High School: Perry Hall

Zoning history

This parcel was downzoned from RC5 to RC2 in 2008 in Issue 3-135. This stopped a plan the owner had for a minor subdivision and the construction of a couple houses and probably the remodeling of the existing old farm house (and probably the preservation of the barn). Since it was no longer valuable for residencial development, it was sold to the State Highway Department to be used for a vehicle maintenance yard and, more likely, a staging area during the 2nd phase of the Express Toll Lane project (a real mess, based on the present one down on Lillian Holt Dr!). See here for more about ETL.

Nearby zoning

Analysis

The RC2 zoning would probably have allowed a division into 2 lots. A change to RC7 would still allow 2 lots. Either has a very specific list of allowed uses related to agriculture and residences. Of course, as long as it is owned by the state (or transferred to the County as has been discussed since it was purchased), the restrictions in the BCZR do not apply, and it may be used for any purpose. The zoning regulations only come into play if it is sold to a private entity.

Considering the potential uses that the State (highway maintenance garage) or the county (high school) could make of this property, the best thing for the community would be to have a residential development. It should have been returned to RC5 to allow this.