Published: October 15, 2007 10:08 am      

Realtors unit opposed to LaVale Region Plan

Editor's note: This letter to the Allegany County Planning Commission was released to the Times-News for publication.

After reviewing the proposed LaVale Region Plan, and following an excellent presentation by Phil Hager, the Historic Highlands Association of Realtors would like to submit the following comments for the commission's consideration.

First, the plan as proposed represents a significant departure from current county planning and zoning, and it concerns us that this plan may, in the future, simply be copied and expanded to cover the entire of Allegany County.

We believe that such an approach would be inappropriate, as LaVale is as unique as opposed to the remainder of the county as are the incorporated municipalities. Further, the draconian restrictions on residential development, which will be discussed further in this letter, would be totally inappropriate for residential development of the remainder of this county.

Second, the plan as proposed imposes an inflexibility for future changes of use that has never been the law in this county and which, in our opinion, represents poor policy for the management of future residential development-

Presently, an agricultural use can be amended by your commission to residential after an arduous appeal and review process,

Our county has changed so much in the past 10 years; we are for the first time in 30 years seeing some significant new home construction, which is sorely needed to replenish our aging stock.

Much of this development is occurring on agricultural land that is being granted use variances. This could not happen if the plan as proposed were adopted. In order to rezone, a developer would be required to prove mistake or change of use.

Such an approach may be appropriate for Montgomery, Howard or Frederick counties, which have had their new construction, but not here. We need residential development as well as the flexibility necessary to insure proper land use as times change.

Third, the plan as proposed is clearly slanted against residential construction in LaVale; as Realtors who work daily with those seeking homes, we feel this is a bad approach. Fully 70 percent of LaVale is classified as "Green," meaning agriculture, preservation, rural conservation, or residential estate. In none of this 70 percent of LaVale would a new Ashleigh Heights or Prichard Farms be permitted. In fact, even the expansion of Ashleigh Heights to phase three would be prohibited.

The problem here is twofold. One, green zones surround the cur-rent boundaries of existing home developments - Cash Valley Road is a clear example of this. Second, steep slope preservation properties were delineated along current property owner lines, rather than slope lines. The effect has been to lock out buildable portion of large tracts that have steep slopes as a part of their terrain, but not the topography of the whole.

Further, the proposed language for these green zones added most recently, are blatantly antidevelopment. The added language says RESIDENTIAL DEVELOPMENT SHALL BE DISCOURAGED.

Again, this may be appropriate for Montgomery, Howard or Frederick counties, but we Realtors know that this area needs new housing stock, both large scale and small scale developments.

While we appreciate the hard work of the consultants and the county department of planning, we feel that, on the whole, the plan as proposed is unacceptable, and we request the planning commission to advise the commissioners to vote against approval.

Respectfully submitted
Potomac Highland Association of Realtors
Timothy Brinkman, president
James Diamond, government affairs director
William Trozzo, general counsel