ZMA 11-01Willowbrook Road Zoning Map CorrectionJanuary 17, 2012

BACKGROUND: Staff discovered a conflict in the on-line Zoning Map labels for the

Willowbrook Road R-O Zone on August 2, 2011 Errant label identifies the area as zoned B-H, when the approved zoning is R-O

The error was traced to a commuter data base labeling glitch that occurred when the maps were updated between 2008 and 2011.

The error affects 24 lots of record along Willowbrook & Old Willowbrook Roads, encompassing, among others: Western Maryland Hospital Allegany College Allegany County Health Department Complex Cumberland Meadows

Since MD Law does not provide for technical map corrections, a formal rezoning of the property was deemed necessary to correct the Zoning Map

The Planning Commission conducted a public hearing on this petition on October 17, 2011 and recommends approval

MISTAKE DETERMINATION: Staff researched the annexations for all properties to determine original

zoning designations Willowbrook Road Annexation – June 13, 1997 – Zoned R-O Mitchell Property Annexation – August 1, 2003 – Zoned R-O

Staff researched the 2008 Comprehensive Rezoning to confirm that no change to the original zoning was contemplated

Staff determined that the labeling error occurred between the first zoning of the official map in 2008 and an updated version of the same map in 2011

No rezoning petition for any of the affected properties was filed during that period

The color coding of the affected zone on all zoning maps (both before and after the error occurred) depicts the area as zoned R-O

Only the label on the 2011 map identifies the area as zoned B-H

STAFF FINDINGS & RECOMMENDATION: The need for the rezoning action was caused by a computer error in

the Official Zoning Map No action was taken by the City to zone the affected areas B-H No petitions for rezoning of the affected properties have been filed The requested rezoning will not affect any uses currently built on

the affected properties The proposed rezoning is consistent with the City’s Comprehensive

Plan and the original zoning of the area at annexation Staff recommends approval of the proposed rezoning