By Greg Ellison

(March 17, 2022) Future townhouse projects in Berlin could include fee simple ownership options after a related text amendment was given a favorable recommendation by the Planning Commission last Wednesday.

Attorney Mark Cropper and Vista Design principal/founder Steve Engle reviewed a proposed addition to the zoning code that would allow fee simple townhome dwellings.

“Your code doesn’t address it today,” Cropper said. “It’s just another way to develop a townhouse project.”

Cropper said the language revision, which would provide developers another means to market units, was tied to a proposal for 28 townhomes on 4.8 acres off Old Ocean City Boulevard near Purnell Crossing.

Cropper, representing developer Jason Malone, said his client indicated a higher percentage of townhome purchasers are expressing a preference for owning the outside portion of individual lots.

“The difference is whether the unit owners want to own in total their own unit and yard,” he said.

By contrast, other townhome communities have condominium associations that bear responsibility for maintenance and repairs for common areas and open space back yards.

“Everyone has a percentage ownership,” he said.

Cropper said fee-simple housing developments could still permit homeowners’ association to manage aesthetics.

“This is almost like buying a single-family dwelling on a single-family lot,” he said. “It’s just that your home is attached to your neighbors’ home.”

Cropper said concerns about the greater density of townhome projects arose during discussions with the mayor and Town Council.

Engle said the proposed text amendment would reduce required setbacks from 25 to 20 feet for front yards and from 35 to 25 feet for backyards.

“Typically, townhomes setbacks for yards are less than single family,” he said.

The redefined boundaries would also increase the proposed unit count from 24 to 28.

Photo by Greg Ellison
Presenting a text amendment to allow fees simple townhomes before the Berlin Planning Commission last week were, from left, Steve Engle with Vista Design, Attorney Mark Cropper and developer Jason Malone.

“Part of the decision was also there’s a lot of restrictions on this piece,” he said.

Engle said these include utility easements, drainage and stormwater management.

Commission member Pete Cosby questioned the revised setback limits.

“We don’t like to pass legislation, so it suits this particular project,” he said.

After briefly conferring and examining project renderings, Cropper and Engle proposed retaining the current 25-foot setback for front yards.

“This way they could have 18-feet wide units and still have large backyards,” he said.

Cropper also stressed that the zoning amendment would only represent an additional option for developers.

“It isn’t changing the code to say all these projects have to be fee-simple lots,” he said.

The commission voted to give a favorable recommendation for the amendment, which would still require final approval from Town Council.

Following that discussion, Cropper and company remained in place to present the latest renderings for the West View townhouse project proposed by Malone.

Engle said rights-of-way were reduced from 50 to 30 feet, with roadways measuring 24-feet wide.

“Everything still fits within the 30-foot right of way,” he said.

Engle said fire and emergency vehicle access was factored in for cul-de-sac sections.

“The stormwater pond is an existing pond,” he said.

Commission Vice-Chair Ron Cascio questioned the roadway width.

“If you’ve got people parking on both sides of the street, you’ve got a problem,” he said.

Cascio said comparable road sections elsewhere in Berlin have been made one way to avoid clustering.

“You need to address the street parking situation,” he said. “Let’s do it now rather than later.”

Other issues highlighted were landscaping, street lighting and stormwater management.

Cropper said the group would return for site plan approval after it addresses those issues.