Planning Commission, Neighbors File Appeal to Halt Proposed 'Adam's Paradise' Development Project

The board of Carroll County commissioners received an update on the proposed "Adam's Paradise" assisted living development in Eldersburg on Thursday from County Attorney Timothy Burke. Burke said a challenge to a decision made by the county Board of Zoning Appeals has been filed with the Carroll County Circuit Court, who has not yet heard arguments in the case.  

The zoning appeals board had said the development could proceed and that approval is being challenged by another county agency, the Planning and Zoning Commission, and neighbors of the proposed development.

Commissioner Richard Rothschild asked his fellow board members if that board wanted to take a position in the case. Commissioner Doug Howard, who represents District 5 where the proposed development would be built, said it would be inappropriate for the board of commissioners to intervene in the case. 

"I think there are processes in place for doing what they’re supposed to do," Howard said. "I think there are concerns about the neighborhood, and the rights of property owners. I have my set of concerns but I think the process needs to run its course." 

In early 2012, a proposal was submitted to the Planning and Zoning Commission to build a 190-unit assisted living facility called "Adam's Paradise" at 5825 Oklahoma Rd. in Eldersburg. Some Eldersburg-area residents quickly started a blog to rally oppositon aginst the development. 

Eldersburg-area resident Brad Smith outlined some of his concerns about the proposed development in an April 11 blog on Patch. 

"I know I will be writing Commissioner Howard and telling him that enough is enough, stop over-developing your district and that High Density Development has no place in Eldersburg, whether it's the Section 8 housing across from Carrolltown Center, the town homes being built by the intersection of Rt. 32 and Raincliffe Road, or this Assisted Living Facility."

The heart of the issue is whether county authorities should approve or modify a plan to allow a senior housing development on land that is zoned for small, single-home lots — with conditional use. Conditional means that developers must ask for permission to design and build on the property.

The land where the senior housing development would be located, known as the Ely Property, belongs to Rockville developer Marc Silverman as the trustee to property owners Minnie Aleta Adams and Arla A. Ely. Silverman developed the Sunnybrook Retirement Center in Westminster.

In July, the Planning and Zoning Commission denied the concept plan for the "Adam's Paradise" proposal.

Burke, the county attorney, said that the commission did not like the location for the proposed project.

"They thought the location of the proposed facility was completely unacceptable, they did not want this at that location," Burke told the county commissioners at Thursday's meeting. 

In August, the developer filed an appeal of the Planning and Zoning Commission decision with the Board of Zoning Appeals. 

In October, Howard voiced his concerns about the development in an open session meeting. 

“Although I strongly support an individual property owner’s right to develop their property as they see fit, I continue to have concerns regarding the commercial nature of this endeavor," Howard said. 

Howard continued, "I understand the decision of the Planning Commission in rejecting the developer’s plan. The assisted living facility will require multiple shifts of workers throughout the day and night. These employees will be commuting to work at the facility at all hours and security demands will require commercial-style lighting throughout the night. This commercial coming and going is different from residential movements and could have serious negative impacts on the neighborhood."

In December, the Board of Zoning Appeals overturned the Planning and Zoning Commission’s decision and approved the concept plan for Adam's Paradise for a total of 178 units. The zoning appeals board also granted conditional use and a parking variance. 

According to a county press release, the Planning and Zoning Commission voted in January to file a Petition for Judicial Review of the Board of Zoning Appeals decision.

The circuit court will review the transcripts of the hearing that was held before the zoning appeals board and its file. The court will also read briefs and hear oral arguments from the attorney for the Planning & Zoning Commission any other interested parties before deciding the matter, according to the release.

Related Articles:

• Senior Housing Proposal Irks Eldersburg Residents
• Blog: Expect Traffic Increases Along With High-Density Project on Oklahoma Road
• Blog: Commissioner Howard Comments on Proposed 235-Unit Oklahoma Road Apartment Complex