| What on Earth is a Text Amendment, and Why Should I Care? |
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| Text amendments (TAs) are a method for changing existing zoning one little piece at a time. TAs are authorized under Md. Ann.Code Art. 28, Section 8-104(a) to alter land use policy. They have come to be used to alter permitted uses or to modify basic policies to facilitate a particular development project. This type of Text Amendment violates the �uniformity� provisions of Md.Ann.Code Art. 28, Section 8-102. The proper use of a TA is to affect policy that will be applied uniformly throughout the county. It is improper to use the process for drive-through rezonings which kick the public's right to a true administrative process to the curb. After CB-53-2005 passed, we began investigating just how often TAs are used to rezone county properties, vs. how often the normal rezonging process is used. In reviewing TAs considered by the Prince George's County District Council over the past several years, a pattern of efforts to limit the applicability of the proposed TAs to one property or a few properties is clear. The goal of these TAs is spot zoning that circumvents the normal zoning process. This is evident in the effort to avoid broad application of these them. TAs should be rare birds; instead they are used all the time: * at least 15 have been introduced in 2005 * 20 in 2004 * 20 in 2003 TAs deprive citizens of their right to participate in the normal zoning process and compound the problems that are sinking our county: * insufficient police staffing, leading to out of control violent crimes and auto theft & carjackings * dangerously long response times for fires and other emergencies * failing public school system * gridlocked roads that pollute our environment & eat up valuable time * dwindling water supply in the rural tier. What's Really Going on Behind the Curtain Generally, a developer approaches the Council with a project that is not permitted under an area's existing zoning, like a high-density development in the rural tier, such as a proposed 600 acre senior community at Accokeek and Garner Roads, which developers shop around as a TA. They cuddle up to council members until one presents it as a county bill. Going through the normal rezoning process * requires public notification and hearings * provides a lot of opportunities for effective public involvement * has a clear appeals process that citizens can pursue if they think the Council has acted inappropriately Text amendments serve developers by taking care of business behind closed doors * the public doesn't have to be notified of text amendment projects at all * there is no clear appeals process to fight them * frequently citizens are none the wiser that a text amendment approving new development has even been passed until bulldozers start clear cutting forests next to their homes Rather Than Resorting to Chaining Ourselves to Bulldozers... We are investigating actions to stop this abuse of power. The pattern is significant, and, coupled with statistics showing that the County does very few real rezonings anymore, prove that the Council is knowingly ignoring the State-authorized rezoning process, and is instead back-dooring development projects that should be going through the normal hearing process, or at least the normal Special Exceptions process. This pattern of text amendment abuse is unacceptable, and citizens do not have to stand for having their rights subverted through arcane processes and policy loopholes, especially when we are standing together! Please get involved! Donations of any amount will be gratefully accepted. Please mail them to PG CTIZN P.O. Box 477 Accokeek, MD 20607 PG CTIZN (Prince George's Coalition to Improve Zoning Now) is comprised of civic groups and individuals from across the coutny who have joined together to fight the sprawlpox epidemic that is overtaking us. Sprawled-Out Accokeek is one such group. For more information, please contact Kelly Canavan at [email protected]. |
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