September 8, 2010
Golden Beach "Last Minute" Re-Zoning----And the Public "Once Again" Left in the Dark
You would had thought the County Commissioners would had learned from the Secret Hillville Re-Zone and how the Public would not stand for it. Well the County Commissioners did it again, and now to the good folks of Golden Beach with another sneaky Re-Zoning. Of course the Public were kept in the dark once again. Here is a letter from Commissioner Larry Jarboe who is the Only One voting against such sneaking Re-Zoning:
Pick Up Your Pens, Please
There is an old saying about no rest for the weary. On Tuesday afternoon, I discovered exactly what that means.
When the request to withdraw the very controversial Hillville industrial zoning came forward, I thought there might be time to focus on helping the Mill Cove community beyond the "bait and switch" zoning alternative they are facing in the pending Comprehensive Plan.
Following a diatribe from the representative of the developer and commissioner directed jabs at the audience and myself, my fellow commissioners did unanimously remove the proposed zoning upgrade from the yet to be adopted Comp Plan. As the very rural mix of residents joyfully carried their signs out of the public meeting room, we prepared to face the last of our zoning changes.
First on the list was a parcel of property that is presently open land along the entrance of Golden Beach Road. The State of Maryland has a proposal to build a commuter park n' ride lot on part of this land. I have been the lone voice of dissent against this proposal on our Board. Charlotte Hall already has one very large commuter lot. Two lots will terribly exacerbate traffic which is jammed up during morning and evening rush hours. The better location is the Hughesville/Gallant Green area beside the working rail line. This gives bus service to DC while offerring a rail route to the Bowie Amtrak Station and BWI airport.
The land beside Golden Beach Road is zoned for residential mixed use which does allow for some light commercial usage. The well known developer has asked for the maximum use zoning which is town center mixed use.
At a former work session, our Board agreed with the Planning Commission and staff contention that the best interests of the community would be served by keeping the residential mixed use zoning. On Tuesday afternoon, following the unanimous vote to protect the 620 acres in the MacIntosh Watershed, three commissioners decided to change their original position and draft a plan for a zoning that would allow big box stores, apartments, and town houses beside the Golden Beach commuter park n' ride lot that the State intends to build.
My best arguments to protect the 7,000 residents of Golden Beach and all of the Northern End of St. Mary's County from St. Charles City style development fell upon the deaf ears of Commissioners Mattingly, Raley, and Dement. Only Commissioner President Russel understood the reason why we should not bring Waldorf across the St. Mary's County border.
Despite Commissioner Russell's recent harsh words against myself and the political allies of common sense government, the Town Hall Alliance, I appreciate his support on this issue. I even understand Commissioners Mattingly and Raley's votes though I may not agree in principle. As lame ducks, they have no particular reason beyond decency to represent general public opinion. They can, unabashedly, benefit their campaign contributors and friends without political ramifications. Again, I do not agree, but I have come to understand the baser aspects of human nature.
Commissioner Dement, however, promised to listen to the people of St. Mary's County. He is also running for another term as a St. Mary's County Commissioner. There is not much time to let him know how you feel. Despite my request for additional public hearings, the commissioners may be voting on the Comp Plan as early as March 23.
Your letters to the editor have the most impact of any political method to influence elected officials in an open, honest, and public manner. The people of Hillville used this simple cost effective tactic to successfully protect the quality of life in their community. They are to be praised, thanked, and emulated.
The citizens of Golden Beach need to quickly sharpen their pens and apply the proper pressure.
Larry Jarboe 03/14/10
Send Letters to the Editor:
St. Mary's Today: staff1@stmarystoday.com
------------------------------------------------------------------------------------------------------------
Enterprise: jbabcock@somdnews.com
or
The Enterprise
"Letters to be considered for the Friday edition must be received by 9 a.m. Wednesday. To be considered for the Wednesday edition, letters must be received by 9 a.m. Monday. Fax letters to 301-737-1665, mail them to Letters to the editor, P.O. Box 700, Lexington Park, MD 20653, or e-mail them to rboyd@somdnews.com.
Letters also may be dropped off at the office at 23125 Camden Way in the First Colony Commercial Park in California. " (Courtesy of The Enterprise)
---------------------------------------------------------------------------------------------------------------
County Times:
| Andrea Shiell | Community Correspondent | andreashiell@countytimes.net |
| Guy Leonard | Government Correspondent | guyleonard@countytimes.net |
| U.S. Mail: | The County Times P.O. Box 250 43251 Rescue Lane Hollywood, MD 20636 |
| Telephone: | (301) 373-4125 |
| FAX: | (301) 373-4128 |
-----------------------------------------------------------------------------------------------------------------
http://www.co.saint-marys.md.us/broadcast.asp
Here is the Video Link to the Public Forum
Below is a Link to to many avenues to Post your Letter:
http://www.mbbwl.org/action/letter_to_editor
Printer-friendly version
If you smell like a skunk, everything else smells the same. Likewise, if the County Commissioners think sneaky Re-Zoning is O.K. without the Public being notified, why should another sneaky Re-Zoning be any different.
The ignorance shown in the posts and statements on here is shocking. Even more shocking is Commissioner Jarboe. He has said that he was not aware of what was going on with zoning requests during the Comprehensive Plan update, maybe that was out of convenience and a way to get more votes. Jarboe, if you were not aware of what was going on, then you were not doing your job and maybe you shouldnt be a Commissioner.
Then you have posts like the one above, obviously this person does not understand the Comprehensive Plan. Before people speak or post they should understand the topic they are discussing. It is apparent on here that no one including the canidates understand zoning, landuse, or what the purpose of a Comprehensive Plan update is.
The real issue here is a land owners property rights. You want to take away the land owners right to develop or not develop their property as they see fit. If you dont like what a person wants to do with their property then maybe you should consider buying it. Then you can keep it how you see fit.
Dear Anonymous,
Throughout the Comp plan process, this particular parcel was recommended by staff, Planning Commission and even the Board of County Commissioners to remain Residential Mixed Use. The Town Center Mixed Use zoning upgrade contrary to staff, Planning Commission, and our own Board was made Tuesday, March 9 on a 3-2 decision with Mattingly, Raley, and Dement opting for the change past the public hearing process.
The change would not open up residential to a great extent as clustered apartments and townhomes are allowed in both districts, however, the commercial potential would be increased from 25,000' to 50,000' for a doubling of store size and greater diversity of usage.
Such a change should be vetted through a public hearing rather than a last minute vote. Why should we not hear from the community regarding such a proposal? The property rights of the neighbors are important as well.
Larry Jarboe
These developers are not worried about anyone's property rights but their own. They got the special treatment from Raley and Mattingly that they have bought and paid for all these years.
Money talks, and the Community suffers. Mattingly, Raley and Dement fill their coffers with Political Donations and vote in support of the developers.
Dear Jarboe
I am sure this property like the other properties that request rezoning followed the rules in place which included many public hearings, I am also sure that the after the Planning Commission and the staff recommended the property stay as zoned, the property owner most likley went back to the commissioners to ask for his or her zoning request. The way I see it, this was not a last minute vote, Commissioners do not vote during the public hearings, Public Hearings are just that, a chance to hear from the public. the people in the communities affected should be paying more attention if they are so concerned with what is going on with some one elses property. The rules are in place to allow the publics input, there is no need for anything else
As for the other two comments, there is no more special treatment or issue with donating money to the commissioners campaign fund as there is with you donating money to Jarboe and the other canidates on this website to support your own agenda of taking away citizens property rights. Money has nothing to do with this and how do you know the "community will suffer" from this rezoning? You have no idea what is planned and it could be something that would enhance the community and make it better. Then again what do you care, your only interested in being a NIMBY.
Boy, the developers are really upset, like the above comment. Again, they don't care of the people of Golden Beach. They only care of the big bucks they plan to make on this rezoning. I came here to live in quiet, not have Waldorf extend itself to Golden Beach.
There ya go another comment with no basis to it, you have no idea what is to be built.You also have no idea how much money the person may or may not make. Grasping for straws......
There ya go, another developer a talken........
Anonymous Bloggers in both camps,
The real issue here is who benefits from last minute zoning changes that move forward without affording the public hearing process that followed the dozens of earlier requests and publicly presented decisions. Very few of these were up-zoned.
Only the Facchina-Knott Property and the three Burch-Parlett requests got up-zoned following the public hearings. After intense citizen outcry, the Facchina-Knott request was withdrawn by the property owner's representative. The Roache-Poffenbarger and Sloan parcels were down-zoned.
My motion was rejected to hold a public hearing allowing all the affected property owners and citizens to address the commissioner recommended changes. Many smaller developers, home builders, and contruction worker join the angry citizens who wonder why one network gets to slip through the narrow widow of opportunity that follows the Comp Plan public hearing process established by code.
I have not questioned the legality of the process. My request was to make it more public. Commissioners Mattingly, Raley, and Dement did not support that motion.
The Comp Plan Discussion/Approval is scheduled for 10:45 AM on March 23 in the Chesapeake Building.
Larry Jarboe
I agree with Larry. Not because I am on the Slate with him, but because it makes sense. To say when some property is re-zoned, does not effect others that live near-by is just false. Such re-zoning needs the Public input such that Open Government is allowed. Not this Closed Door policy I am observing with no Public Meetings being allowed for the folks in Golden Beach. These County Commissioners work for the People and need to look out for the People's interist.
Rich Johnson
County Commissioner Candidate for District 1
I see that Parlett has indicated he would not move the commuter lot after he promised to do so at the Community Meeting. This is why developers are so Not Trustworthy.
Calling all developers "untrustworty" is a broad generalization. 99% of the people who were involved in up & down zonings in this plan went through a public process with 6 public hearings. Only two developer networks Facchina/Knott and Burch/Parlett saw benefitial zoning upgrades after the process was closed to public comment. Facchina/Knott pulled their request following widespread public outrage. Regarding this and other last minute changes, Russell, Dement, Mattingly, and Raley refused to hear public comment in our new public meeting room.
Most of the developers do follow the rules. A few know the process well enough to slip through at the last minute. The County Times editor, Tommy McKay, either did not recognize the Golden Beach re-zoning occurred only a week before the Comp Plan approval or he deliberately failed to incorporate this fact into his rant against me today. Certainly, he did not disclose that I was the lone commissioner to ask that the Golden Beach Civic Association president might have a few moments to present the community position. Nor, did Tommy recognize my successful efforts to bring back our monthly forums.
The Burch/Parlett network was the single big winner in these non-publicly welcome decisions. Does the redemption of McKay's gas savings cards at Burchmarts represent a Quid Pro Quo that explains Tommy McKay's strange editorial position?
Larry Jarboe
Oops,
There were two mistakes in my past blog. Untrustworty should be spelled untrustworthy and there were two weeks of separation from the decision to Comp Plan adoption. The original date was a week away, but I was able to delay the process with a scheduled discussion of the Agricultural Priority Funding Designation to address Commissioner Dan Raley's concerns.
Larry Jarboe
Commissioner Jarboe - The Development Review Forum continues to be the County’s primary advisory board for revising the Comprehensive Zoning Ordinance. The developers, for several years now, have been the BOCC’s go-to guys for the crafting of the Comprehensive Zoning Ordinance.
Is it any wonder that they seem to get their way when it comes to zoning matters? They are currently reviewing CZO changes, yet I’ve seen nothing in the BOCC meeting minutes that call out this tasking. I’ve seen no announcements as to where and when this DRF “subcommittee” (called out in the meeting minutes below) is meeting to review and comment on CZO re-writes.
Do you support this?
Walter Burch
Current members include:
Robin Guyther, Chairman - paid lobbyist representing clients before the Board of Appeals and Planning Commission.
Bill McKissick – Prominent land use attorney representing major commercial and residential developers.
Hayden Hammett – Business Development Manager for Mehaffey & Associates (civil engineering firm employed by developers)
Past DRF members include the following representatives from the development community:
Sonny Burch
John Parlett – Currently on RPD Task Force
Phil Dorsey – Currently on RPD Task Force
Guy Curley
Herb Redmond
Bernie Beavans
Billy Higgs
Dan Ichniowski
Lawrence Ludwig
MINUTES OF THE DEVELOPMENT REVIEW FORUM MEETING
LUGM MIDDLE CONFERENCE ROOM * LEONARDTOWN, MARYLAND
Wednesday, March 17, 2010
Call to Order
The meeting was called to order by Chairperson Robin Guyther at 3:05 p.m. Members present
were Pat Mudd, John Groeger, Bill McKissick, Jacki Meiser, Phil Shire, and Hayden Hammett.
Members excused were Daryl Calvano, Elfreda Mathis, and Bruce Young. Others present were
Robert Elwood, Hans Welch and Jada Stuckert was the recording secretary.
New Business
2009 Annual Report
Mr. Guyther thanked Ms. Stuckert for preparing the draft 2009 Annual Report and recommended
adding the review of the CZO and Subdivision Ordinance as goals for 2010. Ms. Stuckert
recommended the members take time to review the report and bring any additions or
amendments to the April meeting.
Unfinished Business
Update on CZO – Appoint Sub-Committee
Mr. Guyther asked for volunteers for the CZO and Subdivision Review Sub-Committee. Mr.
Guyther, Mr. Hammett, and Mr. Mudd volunteered. Mr. Shire stated he would email revised
chapters as they are written to the sub-committee members. Mr. Elwood asked if the subcommittee
meetings would be advertised and open to the public. Ms. Stuckert stated she would
check with legal to see what the requirements are however every meeting is open to the public.
MINUTES OF THE DEVELOPMENT REVIEW FORUM MEETING
LUGM MIDDLE CONFERENCE ROOM * LEONARDTOWN, MARYLAND
Wednesday, December 16, 2009
Call to Order
The meeting was called to order by Chairperson Robin Guyther at 3:05 p.m. Members present
were Bill Higgs, Daryl Calvano, Derick Berlage, Bruce Young, John Groeger, Elfreda Mathis,
Jackie Meiser, and Hayden Hammett. Members excused were Bill McKissick. Others present
were and Phil Shire, Adam Knight, Harry Knight, Rick Benefield and Jada Stuckert was the
recording secretary.
Unfinished Business
CZO Changes to Process
Mr. Shire stated we are in the process of re-writing the Comprehensive Zoning Ordinance. Mr.
Shire stated the three step process for stormwater management may need to be looked at
further. Mr. Young stated grading units will need to be looked at for larger projects. Mr. Higgs
recommended having the subcommittee review the process. Mr. Groeger recommended
reviewing the subdivision regulations at the same time. Mr. Shire stated he will notify staff that the
Development Review Forum would like to review all corrections to the CZO and Subdivision
Ordinance.
Recommendation for Filling Vacancies
Mr. Guyther stated the County Commissioners have reappointed Bill McKissick and appointed a
new member, Patt Mudd who will begin in January.
Other Agency Announcements
Mr. Berlage asked that Subdivision Ordinance Section 30.8.3.f be discussed at the next meeting.
Mr. Higgs thanked the Forum members for allowing him to serve on the Forum for the past years.
Next Meeting
CZO Changes to Process
Adjournment
The meeting was adjourned at 3:20 p.m. The next meeting will be held on January 20, 2010.
Walter,
The Dev. Rev. Forum is one of over 60 boards, commissions, and committees that serve by appointment to the St. Mary's Board of County Commissioners.
Obviously, people interested in specific fields of interest wish to serve on certain committees. The ethical potential of self gain is enough to warrant consolidating the DRF with the Commission On the Environment as we did with the Solid Waste Committee. That said, from the minutes you posted, Robert Elwood was in attendance. He sits on the Ethics Commission.
I did not know the DRF was singly and specifically tasked by LUGM for the Comp Plan Review. Most of our review was forwarded from the Planning Commission. Any citizen or group is welcome to review the Plan. The Comp Plan ReZoning public hearings are May 18-20. This evening, I recommended that the Golden Beach Civic Association appoint a committee to provide input into the hearings. In the future, the COE would provide a broader umbrella for review.
I do not think the last minute Comp Plan shenanigans were inspired by our staff or the DRF. If you have evidence otherwise, please let me know. Ten years ago, I saw a similar process unfold as a citizen, but I discovered it after the fact. As a commissioner, I was prepared to spot the antics of a couple commissioners well versed in this kind of a deal. Term limits are a very good thing.
We have the opportunity to elect a group of men who have stood up for holding the line on taxes. They have worked with the citizens in Hillville, Mill Cove, and Golden Beach to preserve the quality of life in those neighborhoods. If you care about protecting the money in your pocket or the people in your community, you are welcome to help us.
Thank You,
Larry Jarboe
Larry - Not the Comp Plan; the CZO. The DRF went rogue years ago. They create their own tasking, and they are, of course, most interested in making changes to the Subdivision Ordinance and CZO that benefit themselves and/or their clients. In terms of County labor costs, the DRF is also the most expensive of your 60 boards, commissions, and committees, because it demands the time of your top staff and county employees. Their access to your staff is far beyond that of ordinary citizens.
I find it hard to believe that you've been unaware of the activities of the DRF since you were elected in 2002, but now that you know, will you make a motion to disolve this group? You were a member of the BOCC that created them back in 1995, and I trust it was not your intention that they become a quasi-planning commission.
Here's an excerpt from DRF meeting minutes 7 years ago during the first year of your second term as a county commissioner:
August 20, 2003 DRF Meeting Minutes –
“TEXT AMENDMENTS
Mr. Canavan will be bringing forward a list of Text Amendments to the Zoning Ordinance accumulated by LUGM staff for the Forum’s review and prioritization. A letter will be sent out to the development community forwarding the list of proposed amendments and asking that they provide information on anything else that causes concern as well as any recommendations they may have to correct the problem.”
Walter,
You bring up some interesting info and a valid question. I will address this in the most recent blog (May 8, 2010) as this string of replies is a bit long and buried in past archives.
Larry Jarboe
Post new comment