Town Hall Alliance

I am proud to present the article sent to our Town Hall Alliance by Steve Riley on this 620 Acre Re-Zoning.

After reading Commissioner Thomas A. Mattingly Sr.'s comments (Feb. 10) I feel compelled to voice my opposition to the rezoning of 620 acres in Hillville from Rural Preservation District to Industrial.

The method used to get a last-minute vote in favor of rezoning remains suspect. I would be remiss if I didn't bring to the attention to the potential impact this rezoning will have on adjacent property owners. It is a quality-of-life issue to most folks.

For others it is a window into the good-old-boy network. I am trying to understand the political aspects of this issue and how we got to this point.

I live directly across the street from this 620 acres. At no time was I "personally notified by mail" about this proposed rezoning.

Mr. Mattingly states that there were six public hearings, three by the planning commission and three by the county commissioners. True, however the request to rezone the 620 acres in Hillville did not come up until the very last minutes of the very last hearing.

What information does the BOCC have that enabled them to make a determination to rezone from RPD to Industrial that "is consistent with the character of the neighborhood?"

I have gone through most of the laws and ordnances that govern comprehensive and smart growth plans. I'm no expert, but it doesn't take an expert to see that intentional or not, there have been corners cut, processes sidestepped and loopholes exploited.

By state law, any change to the comprehensive plan without a public hearing is considered arbitrary. This is a legal term that implies "questionable." There being no public hearing or record that documents the commissioners' rational for the rezoning definitely makes this an arbitrary vote.

Any areas zoned Industrial after Jan. 1, 1997, must be locally designated a growth area and served by a sewer system. Exactly where does the sewer hookup come from? There is no sewer system out here.

Rezoning piecemeal or individual rezoning is governed by a "change-mistake" rule in Maryland. Zoning can only be changed on a piecemeal or individual basis when there is a mistake in the zone or a change in the character of the neighborhood.

The burden of proof is on the applicant. In such cases, Maryland law permits but does not require the local government to rezone. There has been no change in the character of the neighborhood.

If this 620 acres is to be included in the comprehensive plan the developer does not have to go through the process that other landowners need to complete when requesting a zoning change.

Inclusion in the comprehensive plan circumvents that whole process.
If the change in zoning is based on a "change-mistake rule" then that brings the entire comprehensive plan into question. The commissioners would have to acknowledge a mistake made when the zoning was first made on this 620 acres. That could trigger a review of other properties

According to the state, the commissioners have to know what the land is going to be used for, what industry is going to be built to make the determination that it is "consistent with the character of the neighborhood." The nature of the developer's plans have not been revealed to the public. Have they been revealed to our commissioners or did they vote blindly?
We do not want the noise. We don't want the traffic. We don't want the disruption to our quality of life.

It's time for our commissioners to review their earlier vote on the proposed rezoning and reverse it before the comprehensive plan is adopted.

This issue may very well become a millstone in the upcoming elections.
It is my hope that the light of day shines on this issue. Sunshine is the best disinfectant.

Steve Riley, Hillville