Faced with creating ‘transition' zoning, commissioners hesitate

Change could affect 700 properties here

Friday, Dec. 11, 2009

The St. Mary's County commissioners agonized Tuesday over a possible new zoning category that would affect areas designated for development as they worked to update the county's land-use plan.

Though the planning commission and county commissioners each held several public hearings on possible changes in zoning this year, the public record will be reopened again to hear comment on a new zoning category. It is called the low residential transition zone and it is meant to be a step up from the rural preservation district and low-density residential zoning. Housing density in the rural preservation district is one home per 5 acres and in the low-residential zone is one home for each acre.

Though it already exists in the Lexington Park Development District, no density has been defined yet for the transition zone for any part of the county.

Approximately 700 properties in the county could be changed from low-density residential to the transition zone. Other areas such as in St. Inigoes could go from village mixed use to the transition zone.

The St. Mary's County Department of Land Use and Growth Management has already sent out 1,200 certified mailings at a cost of about $4,000 about possible changes to zoning when the growth plan is updated.

"In a comprehensive plan individual property owners are not usually contacted," said director Derick Berlage. Zoning changes come after changes to the comprehensive plan.

The public record could be opened again until Jan. 15. "This proposal this afternoon is really to go to extra mile," Berlage said, as more mailings would be sent out.

"I know it's a lot of staff work, but this is pretty important when you're talking about the possibility of downzoning," said Commissioner Daniel H. Raley (D).

Commissioner Thomas A. Mattingly Sr. (D) said of the transition zone, "I think it makes sense in a lot of places."

"You go along with what's here today you're downzoning a lot of properties," Raley said. "It's still downzoning."

In the village mixed zone, such as Valley Lee, Mattingly said someone could build a barroom between two houses. That wouldn't be possible in a residential transition zone.

Commissioner Kenny Dement (R) said he was reluctant to make any changes at all. "I gotta live in this county," he said.

The transition zone "to me is downzoning my property. I wouldn't want it. I wouldn't respond" to a mailing about it, he said. "I'm not in favor of downzoning, period."

"You better respond – that's the whole purpose of the letter," Raley said.

"What we're going to do is have a long-term affect on properties," said Commission President Francis Jack Russell (D) and it's better to take time on the decisions.

Residents of Mill Cove near Myrtle Point in California asked to be removed from the Lexington Park Development District to avoid having a new higher-density subdivision from moving in.

The commissioners did not make a decision on that either.

"We're sitting here wringing our hands wondering what to do … doesn't the Critical Area zoning have the last word?" Raley said. Most of the Myrtle Point area lies within 1,000 feet of tidal waters – the Critical Area.

Planner Sue Veith said, "The regulations protect water quality and habitat, but they are not designed to protect the character of the neighborhood."

Raley suggested leaving the area in the development district, but change the zoning to lesser density.

That's what the residential transition zone proposes, Veith said.

"I think we have to make a decision at this point" on the transition zone, Mattingly said. "I think once we're over that we can start making decisions."

Russell said to planning staff, "We're not trying to waste your time. We're just trying to get a handle on the situation."

Another work session is scheduled for next week.

jbabcock@somdnews.com