CZMP Workshop Preserving Your Community & The Environment From Development Impacts

Transcription

1 CZMP Workshop Preserving Your Community & The Environment From Development Impacts Sponsored By Community & Environmental Defense Services Greater Baltimore Group of the Sierra Club maryland.sierraclub.org/baltimore/

2 Preservation Is THE Best Option PLEASE Do not wait until development is proposed.

3 This study showed once a site is proposed for development, the odds strongly favor that the project will be approved. Development plan approval is denied for only one out of 37 plans. The plans for two these denials were revised then approved with only a slight decrease in the number of lots. This study is available on the CEDS Baltimore County Webpage

4 To Preserve A Property Act NOW! Before Development Is Proposed When Your Power is GREATEST! So Don t t Delay; ; Start TODAY!

5 Preservation Options Forest Conservation Clustering Conservation Easement Limited Development Venture Purchase of Development Rights Acquisition Rezoning Options Can Be Used To Preserve Property in Total or in Part

6 Researching Preservation Options Start with the property nearest your home and work outwards. 1. Could the property be developed in ways harmful to you? 2. If yes,, continue. Otherwise go on to the next property. 3. Is the property already proposed for development? - If yes, then see Chapter 1 in How To Win Land Development Issues at - If no, then is the property already preserved? 4. If no, then research factors favoring preservation. 5. Meet with County planner re: previous attempts to develop the property, preservation options, and possible conditions to address your concerns. 6. Meet with the property owner to explore their interest in preservation-conditions. 7. Do research needed to put together a preservation or conditions deal the owner finds attractive yet fully resolves your concerns. 8. Consummate the deal in a way that is fully binding.

7 Could the Property Be Developed In Ways Harmful To Your Quality of Life Most common development impacts: Intrude upon the privacy of your home; Detract from the view you enjoy from your home; Increase runoff onto your property; Increase traffic on your street; Impair the rural character of your area; Harm aquatic resources, forests, wildlife; ; or Cause one of 18 other common impacts.

8 18 Other Common Development Impacts to Nearby Residents Compatibility Emergency Services Endangered Species Impact Environmental Impact Farming Conflicts Forest Conservation Historic Resources Lighting (Glare) Noise Open Space Loss Parking Inadequacy Pedestrian Safety Property Value Property Damage School Overcrowding Signage Stormwater & Flooding Stream Buffers Traffic Trails (Bike-Hike) Water & Sewer Well & Septic Systems Wetland Impacts Wildlife Impacts

9 INFILL EXAMPLE QUALITY OF LIFE IMPACTS Traffic Drainage Loss of Pleasing View

10 Example of Infill Impact Loss of Privacy & Viewshed Before Development After Development

11 If Zoned DR-3.5 Then Rezoning To DR-1 Would Reduce Impact

12 Solutions To Infill Impacts Preserve site; Use Forest Conservation to Preserve View; Visual buffer; Build one house, not two; Traffic calming measures; Alternate traffic access; and Stormwater management.

13 Rural Preservation Example Property

14 Determine Extent of Property Property Consists of 3 parcels totaling 110 acres Get Property Map and Parcels Numbers

15 Look Up Property Record To See If It Has Been Platted for Development? Ask CEDS & County planner too.

16 If development is proposed then see How To Win Land Development Issues Free 280-page Book

17 And see CEDS Webpage How To Win Land Development Issues in Baltimore County

18 What uses of Property does current zoning allow? 110 Acres Is Zoned RC-2 Agricultural 2 Lots Per Parcel Property Unless parcel was subdivided after Otherwise 0.02 Lots Per Acre Zoning Symbol (RC-2) 2-6 Lots on 110 Acres

19 Uses Allowed On RC-2 Yes, potentially incompatible uses are allowed.

20 Is The Property Already Preserved? Property No. Its not preserved but it does abut preserved land, which favors preservation.

21 Is the Property Uniquely Sensitive Environmentally? Threatened-Endangered Species Property Wetland of Special State Concern Yes. Its in a Sensitive Species Project Review Area (SSPRA).

22 Does The Property Have Historical Significance? Property Yes. There is a historic building on the property.

23 Other Factors Potentially Favoring Preservation Area dominated by working farms; Prime, productive farm soils; Poor well yield or unsuited for septics; Paucity of parks-recreation recreation in area; Road network nearing capacity; Schools over capacity; Etc.

24 North County Preservation ARC Database Zoning & Property Maps; Sensitive Environmental Features; Detailed Data On Specific Properties; Preserved Lands; Historic Structures & Districts; and Much More! For further detail contact: Irving Spitzberg northcountypreservation.org

25 Rural Example Preservation Options Forest Conservation (50% retention) Clustering (2-6 6 lots; 3-acres 3 each; 18 acres; 96%) Conservation Easement (reduced taxes) Limited Development Venture (1 or 2 lots) Purchase of Development Rights ($4,000-8,000/acre vs. $14,000; keep property) Acquisition (Very rare; requires tremendous public support) Acquisition Rezoning (Incentive-Disincentive)

26 REZONING A Powerful Tool For Citizens Rezoning As Incentive: YOU control what gets built & where; and The owner may get more LOTS. Rezoning As Disincentive: Use only in extreme cases; Offer more lots; Threaten reduced development potential; Unless owner agrees to responsible uses.

27 Example of Rezoning As Incentive 200 acre farm zoned RC-2; Abuts RC-5 5 land; As RC-2: Four, 50-acre lots, 12 acres cleared; Children want to sell farm; Rezoning As Incentive: Offer to support rezoning 12 acres to RC-5; Yields six lots; but All must be clustered next to existing RC-5. End Result: 94% of Farm Preserved With Development Concentrated At Your Preferred Location

28 Rezoning Incentive Example Conventional RC-2 Development Four, 50- Acre Lots; 100% of Forest On Preservation Easements Inside Lots RC-2 Development With Incentive Zoning Six, 3-Acre Lots; 94% of Forest In Permanent Preservation

29 Rezoning As Disincentive Reserve for extreme cases: History of obnoxious uses, or History of proposing LULUs (Locally Unwanted Land Uses) on property. Threaten downzoning unless owner: Agrees to responsible development; Which allows decent financial gain for owner.

30 Be Certain Property Meets Locational Criteria for Proposed Zone RC4 Example A. The parcel of land under petition lies at least 200 feet from the property line of any public water reservoir; B. The parcel lies at least 300 feet from any first or second order or greater stream that flows directly into a public water reservoir; C. That the parcel lies at least 300 feet from any third order or o greater stream that flows directly or indirectly into a public water reservoir; D. No more than 30% of the parcel has a slope of more than 20%; E. The parcel does not lie within a one-hundred hundred-year floodplain; and F. As shown by an environmental impact statement, the manner in which proposed reclassification will affect water quality in the watershed or any public water reservoir.

31 Rezoning is RISKY! In rare instances, citizens propose downzoning and County upzones property instead.

32 Increasing Probability of Success Exhaust options for reaching consensus with owner; Exhaust all options less drastic then rezoning; ; and Aggressively organize support among adjoining owners, community associations, local businesses, County staff, Planning Board, and your County Council representative.

33 Winning Rezoning Battles Is 90% Political Only 10% Technical-Legal

34 Rezoning Timeline Citizens must file rezoning request between September 4 th October 15 th 2007

35 To qualify for the low civic group rezoning filing fee ($75-$100), your group must be registered with the Office of Planning. For this form visit this website.

36 CZMP No Need To Take Notes. Its All Written Here. Free For Download At

37 The End Thank you