HAGERSTOWN – City officials are weighing a rezoning request that could resolve a decades-old mapping discrepancy and open development opportunities along Dual Highway.
At the Oct. 28 regular session, the mayor and city council held a public hearing on a proposal from Kerwood DH LLC to adjust zoning boundaries for a 93-acre property at 1912 Day Road, commonly known as the Lorich Tract. The change would reclassify 22 acres from commercial to neighborhood mixed use, a shift planners say better reflects the area’s intended use.
Deputy Planning Director Steve Bachell told the council the adjustment would correct an arbitrary zoning line dating back to the city’s 2010 comprehensive plan. “This application doesn’t create new zoning districts,” he said. “It just makes the current layout more logical for development.”
About 7.3 acres of the section fall within a floodplain, leaving roughly 14 acres suitable for construction. If approved, the revision would increase mixed-use land from 74 to 87 acres and reduce the commercial portion from 19 to 5 acres.
Developer argues past zoning mistake
Representing the applicant, attorney Jason Divelbiss said the request stems from a mapping mistake, not a change in neighborhood character. Under Maryland’s “change or mistake” rule, a rezoning can be granted if a prior plan failed to consider key factors such as future infrastructure.
Divelbiss noted that the Lois Harrison Boulevard extension, built after the 2010 plan, redefined traffic flow and access points near the site. “At the time, the zoning line was drawn arbitrarily,” he said. “Now that the area’s built out differently, this correction makes sense.”
The Planning Commission reviewed the proposal in August and unanimously recommended approval, finding the change consistent with the city’s long-term land use vision.
Residents express development concerns
Planning Director David Buckmiller previously told council members that nearby residents had expressed unease about future construction, even though the property has been zoned for higher-density residential and mixed-use since its 1978 annexation.
“The concern wasn’t really about zoning,” Buckmiller said. “It was more about what development might follow once this property finally moves forward.”
Bachell added that while development concepts include a mix of single-family homes, townhouses and apartments, no construction plans are tied to the current zoning request.
Next steps and legal process
The mayor and council kept the record open for 10 days to receive public comments before staff members provide a recommendation on next steps. The applicant requested that, if approved, the rezoning take effect only upon transfer of the property to new ownership, with an expiration date of Dec. 31, 2027, if the sale does not close.
No citizens spoke during the hearing, though council members acknowledged the public’s interest in how the change could impact neighborhood growth and infrastructure.
A long-awaited opportunity
City planners consider the Lorich Tract one of the few remaining large parcels along Dual Highway suitable for mixed-use redevelopment.
“This area has always been viewed as a priority for growth and revitalization,” Divelbiss said. “Fixing this zoning line is a small but essential step toward that goal.”
The Hagerstown City Council is expected to revisit the matter later this fall after the comment period closes, potentially setting the stage for long-term redevelopment of the Lorich Tract and surrounding corridor.
