Communities call for county action on outdated development regulations
(Updated 12/21/16)
- By Devin Crum -
At its most recent meeting on Dec. 7, the Essex-Middle River Civic Council voted to send a letter to Baltimore County Executive Kevin Kamenetz and County Council members Cathy Bevins (D-Middle River) and Todd Crandell (R-Essex) asking them to take a new look at how development regulations are applied in the county.
The EMRCC - consisting of 20 community associations throughout Essex and Middle River - has recently noticed that there are many approved development plans on the books in the county that have been idle for years with little or no movement.
Some of these plans were approved but were put on hold because of the housing market crash and subsequent economic decline. And many were approved under now-outdated development regulations, particularly with regard to storm water management (SWM) and other environmental regulations.
In many cases, the community may have even forgotten about these projects, EMRCC President Bob Bendler said.
“And when they rear their heads and begin their development, we find out that they’re not covered under current regulations,” some having been approved a decade ago or more, he said. “And they can have a serious impact on the environment.”
Prime examples of these types of projects include the Paragon outlet mall and the Cowenton apartments in White Marsh, as well as a townhome project now planned in Essex.
When Paragon first came forward, they sought to build under 1980s environmental and SWM regulations, which were what governed the originally approved plan for office buildings on the site. And the county’s departments of Permits, Approvals and Inspections (PAI) and Environmental Protection and Sustainability were willing to allow the project to move forward under those old regulations.
A county administrative law judge ruled that it had to abide by newer, but not current regulations. And it was not until Paragon faced immense public pressure that they agreed to proceed under the newest standards.
“It cost them some money, but they’ve got a lot more community support now,” Bendler said.
The Cowenton apartments were originally approved in 2006 as senior housing which would not have affected area schools. The developer even had a legal agreement with the community not to change the plan without consulting them. But that covenant has now expired and the plan has changed to 300-plus simple apartments that were not accounted for in school enrollment projections.
And the Essex property, on Back River Neck Road at Hyde Park Road, was initially approved for a shopping center in the 1960s before being changed to an apartment complex and now a townhome development not required to use the newest environmental guidelines.
The EMRCC is now requesting action from the three elected officials to research just how broad an issue this is in the county, as well as the possibility of putting limits on how long an approved project can sit idle, and they have sent a letter to them expressing their “serious” concerns on the matter.
In the letter, the civic council asks that, to the maximum extent possible, current state and county regulations be applied to projects at the time “substantial construction” occurs.
“This represents a particularly important issue when dealing with environmental requirements,” the letter reads.
In addition, they request that phased projects be subject to the most recent or updated requirements in effect at the time each phase begins.
“The importance of some environmental and safety regulations make it imperative that new and more protective regulations... be implemented as soon as possible and everywhere applicable,” the letter states, adding their desire to see the county avoid or at least minimize any exceptions to this for plans currently in the pipeline.
The EMRCC acknowledged that these changes may be seen as an added hardship for developers since existing laws govern the timeframes for applying regulations to their projects.
“However, the benefits of the updated or new regulation often outweigh the inconvenience or expense involved,” the letter reads.
“This is not something developers are going to like,” Bendler admitted, adding, though, that the community is willing to be reasonable. But, he said, they cannot have situations where regulations that are known to be ineffective are still used in building new projects.
Kamenetz spokeswoman Ellen Kobler said the letter is currently being reviewed by PAI Director Arnold Jablon. PAI is tasked with overseeing development and land use throughout the county, according to its website.
As reported in the East County Times on Oct. 13, Bevins had previously said developers sometimes need several years to get financing in place for their projects, and she would not want to put onerous timeline restrictions on them.
But some community members, such as Clyde Speelman of Hopewell Pointe in Essex, feel that a project sitting for 10 years or longer is “entirely too long,” feeling instead that four to five years would be an acceptable limit.
“Adequate public facilities formulas and how regulations apply to development projects are a constant discussion among Council members,” Councilman Crandell said in a statement to the Times. “I think we owe it to our constituents to look deeper into [this issue] and appreciate the Essex-Middle River Civic Council expressing their concerns.”
Jim Almon, a spokesman for Councilwoman Bevins, said she would be working with Crandell on a joint response to the EMRCC letter.