August 6, 2024 Volume XXII, Issue IV
Dear GHCA Members and Friends:
Most who attended the July 30 meeting seemed to be pessimistic about preventing the proposed Go-Cart Track, and doubtful about enforcement of zoning violations. Our experience at GHCA concludes that although the Condition Use process heavily favors the applicant, some proposals can be defeated or altered to an acceptable resolution. This flagrant violation and disregard for environmental concerns could and should be successfully opposed and remediated. Also, we have been successful in filing numerous violation complaints with good results.
This posting is an attempt to inform people about what will likely happen next in the “Go-Cart Case.” The summaries posted on the Facebook site are a fairly accurate account of what happened at the meeting. I would add that my estimate of attendees was above 80, one of the larger meetings at St. Marks, and emotions were high. Based on over 20-years experience with the conditional use process, here is a projected timeline of events.
- Within 2 weeks or so, an application will be filed with the Dept. of Planning and Zoning, (DPZ). It will be checked for completeness, and the applicant will have an opportunity to correct any deficiencies. It will be assigned to a staff member for review and he or she will draft a Technical Staff Report, (TSR) for the Director of DPZ to sign, and transmit to the Hearing Examiner (HA) assigned to the case. At present, there are two HAs. I am not sure how it is decided who will get the case. This report is to be delivered to the HA at least 7 days prior to the hearing date, and posted on the DPZ website. Here is a link to Section 131.0 Conditional Uses. You might have to copy and paste this link. https://library.municode.com/md/howard_county/codes/zoning?nodeId=HOCOZORE_S131.0COUS
- According to the Zoning Regulations, (ZRs): ” Citizens may request a meeting with a staff member of the Department of Planning and Zoning to review the development proposal after the petition has been formally submitted to the Department”
- The property must be posted and advertised at least 30 days prior to the hearing date. Adjacent property owners must be informed by mail. Owners of property across Mink Hollow may not be informed depending on the latest definition of “adjacent.”
- The hearing itself is a quasi-judicial hearing. Proponents present their witnesses and exhibits. Opponents may cross-examine witnesses. Opponents may present a case and speak. There will be a sign-in sheet for proponents and one for opponents. Usually, the opposition is a coordinated effort — more on this later.
Attached is a link to an actual TSR on a case to be heard Aug. 7. Previously, the last paragraph contained a recommendation of approval or denial. GHCA and others were able to have this removed, The report does state whether the applicant meets the conditions required. As such, the TSR is the most important factor in deciding the case. Read this one, and you will be able to see how the applicant must prove she has met the “Conditions” and how this case is likely to be decided:
https://cc.howardcountymd.gov/sites/default/files/2024-07/BA-24-002C TSR with Agency Comments.pdf.
A link to the Hearing Examiner site:
https://cc.howardcountymd.gov/zoning-land-use/hearing-examiner
A link to the Rules of Procedure: https://cc.howardcountymd.gov/sites/default/files/2023-05/Hearing Examiner Rules of Procedures.pdf
Anyone who missed the meeting may email Gina Pagini (Sang Oh’s office) to request the minutes and subsequent correspondence at: gpagani@talkin-oh.com
FIND US ON FACEBOOK!!
We’ve created the Greater Highland Crossroads Association Facebook group. Please join up to see the latest news on events, happenings, meetings, your neighbors and everything else Highland. Its free, useful, entertaining. You don’t have to be a member of GHCA to join the Facebook group. Go to: https://www.facebook.com/groups/GHCACommunity/about/