May 15, 2017

Re: OPPOSITION TO Bill 32-17– Administrative Rezoning Prohibition

Dear Chairman Grasso and Members of the Anne Arundel County Council:

The MBIA Anne Arundel County Chapter,representing 1,100 business members across the State and in the County, opposes Bill 32-17, which prohibits the administrative rezoning of residentially zoned property for a period of three years or until the next comprehensive zoning plan is enacted. If passed, this legislation will significantly hinder the County’s economic development, deprive property owners of their rights, and effectively decrease public participation in the land use and zoning process.

The administrative rezoning process is a necessary and important element of the land use process that allows a rezoning only if the property owner in question meets a variety of stringent standards, including that the rezoning complies with the County’s current General Development Plan. Applicants must also overcome a significant hurdle of proving a change in the character of the neighborhood or that a mistake has been made, which are criteria established by State law. It would be unnecessarily punitive to force property owners to wait for the next General Development Plan if they are able to prove they have overcome the significant hurdles that must be satisfied to qualify for an administrative rezoning.

Administrative rezonings also allow for unique and significant public participation in the rezoning process because every request for administrative rezoning requires public notice and a dedicated public hearing on the specific rezoning, along with appeal rights to the Board of Appeals. This often allows for property owners and other stakeholders to meet, discuss the property and plans in question and come to a mutually agreeable resolution that benefits all stakeholders. In many cases, the administrative rezoning process allows for significantly increased and focused public participation.

The MBIA requests the Council oppose this legislation which will limit economic development, deprive property owners of their rights and decrease public participation in the land use process.

Thank you for your consideration of this important matter.If you have any questions about these comments and would like to discuss the MBIA position further, please do not hesitate to contact me at (443)336-3500 .

Best regards,

Marilee Tortorelli

Chair, MBIA Anne Arundel County Chapter

CC: Steve Schuh, County Executive

Larry Tom, Director, Planning and Zoning