Rising Sun holds public hearing on comprehensive rezoning; residents press against down‑zoning of Stevens Preserve

Rising Sun officials on March 22 held a public hearing on two proposals to rewrite the town’s zoning code and to reclassify 15 areas as part of a phased comprehensive rezoning.

Town Administrator Mr. Boninberger presented Ordinance 2022‑01, which would add new zoning districts such as RE (Rural Estate) and RR (Rural Residential) to preserve the town’s rural character, and Ordinance 2022‑02 (Comprehensive Rezoning Phase 1), a map amendment package that would reclassify multiple parcels across town to align zoning with the town’s comprehensive plan and built environment. He told the elected body that the town advertised the hearing and posted related materials online in advance and that the measures are intended to implement planning goals in the annotated code of Maryland and the town’s adopted 2019 comprehensive plan.

The presentation covered specific map changes staff recommended: reclassifying the wastewater treatment site on Route 1 to a light‑industrial/public‑works designation; creating an Old Town Commercial district to legalize and better match Main Street building patterns; and creating an Employment Center along Route 1 to attract higher‑paying businesses. For one large parcel, the 26‑acre Colonial Drive site, staff said the town intends to consolidate commercial zoning rather than permit additional residential development, citing municipal fiscal considerations.

Much of the public comment focused on one property: the Stevens Preserve site (about 65 acres). Property co‑owner Donald Stevens told the commission he and his brother had invested “hundreds of thousands of dollars and countless man hours” and strongly opposed down‑zoning the site. He said, “Zoning would allow 290 homes on this property. The plan is for 113 single family detached homes — only 39% of the homes that would be allowed under its zoning,” and proposed a narrower compromise of down‑zoning only the R3 portion to R2.

Traffic evidence was contested. Mark Keeley, the traffic engineer who authored the Stevens Preserve traffic study, told the hearing the development would generate about "87 AM peak‑hour trips and 117 PM peak‑hour trips," and that those trips are distributed through peak periods. Keeley argued that reducing density in an identified growth and sewer service area is contrary to smart‑growth principles and could shift more vehicles into the town center.

Several speakers raised legal and financial concerns about a broad down‑zoning. Bradley Stover, attorney for the Stevens Preserve owners, said a major down‑zoning is "extremely rare and ... draconian," could reduce the property's value, and might present takings risk. Real‑estate and finance witnesses also said that engineering costs (including a cited wetland crossing) could make the project uneconomic if the site is rezoned to rural densities.

Owners and representatives of several Cooper Avenue and Main Street parcels questioned staff’s proposed reclassification of light‑industrial lots to Limited Commercial. Sean Goody, representing 8 Cooper Avenue, disputed the staff characterization that existing uses are low‑intensity commercial and asked whether the town or a developer was planning parcel assembly for redevelopment. A representative for 281 East Main Street asked the town to publish the definitive list of uses allowed under the proposed Limited Commercial district before any rezoning so property owners could evaluate potential impacts on value.

Local residents outside the town limits said traffic and safety are also concerns. Pam Finn, a Colonial Way resident, told the commission that Colonial Way functions as a bypass and that additional commercial traffic could jeopardize non‑town residents’ access and safety.

Town staff acknowledged those concerns but reiterated that no vote would be taken at the hearing. The town attorney instructed attendees that the hearing record is closed for testimony but deliberation and any vote would occur at a later meeting; he said subsequent meetings and agenda postings will be published on the town website.

The mayor closed the hearing after citizens’ input; no ordinance vote occurred on March 22. The town plans follow‑up deliberations at a future board meeting; staff encouraged interested property owners and residents to monitor the town’s meeting notices and to provide contact information for email updates.

Where matters stand: the ordinances and proposed map amendments remain under consideration. The record from this public hearing includes competing technical testimony on traffic, questions about the economic impacts of down‑zoning, concerns about infrastructure (stormwater/sewage), and repeated requests for the town to publish the finalized permitted‑use lists for the new Limited Commercial designation before rezoning affected parcels.