(5/21) At the April Planning Commission meeting a proposal was made to create a new category of zoning in the Town’s zoning code called Economic Development Flex District, a.k.a. ‘Flex Zone’. The change was made at the request of Steve Trout, who owns approximately 180 acres east of Rt. 15. The goal of the request is to create a new zoning category that will allow more ‘flexibility’ for future development of the property.

In traditional zoning, zones are defined on a zoning map, i.e., Residential, Commercial, Industrial, &c. Each designation has pre-existing standards attached to them for future development or use. In contrast, a ‘Flex Zone" designation will not appear on a zoning map; instead it will retain its current zoning designation until such time as the owner petitions the Town to have it changed to ‘Flex Zoning’, which the Town Council will need to approve.

As stated in the draft ordinance, the purpose and intent of the proposed ‘flex district’ zoning i.e. is "to create opportunities for master planned commercial, retail, industrial, service and other business activities, to generate employment and economic development in settings that most optimally foster economic development for the benefit of the Emmitsburg community."

Critics of ‘Flex Zoning’ argue that floating zones undermine the ability of citizens to rely on the predictability of the zoning map when they make their decision to by a home, and instead, favors private development over the public interest.

To obtain approval for flex district designation, the developer submits a M aster P lan that will serve as the guide for how the land is to be developed. This allows them to establish land use, setbacks, buffers and planning for open space.

Due to the flexibility of a ‘Flex Zone’ designation, the Planning Commission along with the Town Council will have the flexibility to approve or deny the proposal based on how it matches up with the comprehensive plan. It also gives the developer/owner the ability to create a flexible approach to design to prevent cookie cutter development.

As it is drafted now, the ‘Flex Zone’ can be placed on any tract of land zoned B1 Business Commercial, B2 Business Commercial (difference from B1 is the buffer from residential houses is required to be larger), IP (industrial parks), ORI (office, research industrial), or CR (conservation recreation).

As proposed, the ‘Flex Zone’ designation would only apply to properties over 50 acres, but the town planner, Chris Jacubaok, recommended changing that number to something smaller such as 25 acres so more properties will qualify. As of right now only two properties in Emmitsburg are over 50 acres.

One of the most challenging aspects of the ‘Flex Zoning’ is that it places elected officials in a role they aren't used to: involvement in the planning process. Typically, the Planning Commission is the main body in the review and approval of the site plan. However, because a ‘Flex Zone’ designation allows a change of land’s originally-designated use, which was approved by the Town Council when it approved the Town’s Comprehensive Plan, it is also a legislative change, thus placing the Town Council in the planning role also.