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Planning commission recommends rezoning of split-zoned Cusick property in Hollywood
Summary
The Planning Commission voted unanimously to recommend that the Board of County Commissioners rezone a 2.15-acre Cusick property on Notch Road from split Rural Preservation/Rural Commercial to entirely Rural Commercial Limited, citing timing of a prior boundary adjustment and changes in neighborhood character.
The St. Mary's County Planning Commission on Feb. 10 recommended that the Board of County Commissioners approve a land-use and zoning map amendment for a 2.15-acre property at 257413 Notch Road in Hollywood owned by Cusick Properties LC.
The recommendation, approved by roll call vote, follows a presentation from the applicant's attorney and staff findings that the property had been left split-zoned because of timing between a boundary line adjustment and the county's 2010 comprehensive rezoning. The commission's vote transmits the application to the county commissioners for final action.
Courtney Jenkins, planner with the Department of Land Use and Growth Management, described the site as currently split between Rural Preservation (RPD) and Rural Commercial Limited (RCL). Jenkins summarized the land-use designations in the comprehensive plan and the county's rezoning process, and noted the legal standards under Maryland law for approving piecemeal rezoning: either a mistake in the original zoning or a substantial change in neighborhood character since the last comprehensive rezoning.
Chris Longmore, attorney for the applicant, told the commission the property was combined from two lots to one after the 2010 comprehensive plan adoption and prior to the county's map adoption, which he said likely left the parcel unintentionally split-zoned. "The county tries not to have properties that are split zone," Longmore said, and argued the timing of the boundary line adjustment and zoning-map adoption created the condition that justifies a map amendment. He also presented population growth and nearby rezonings as support for the alternative legal standard of a changed neighborhood character since 2010.
Longmore and staff noted that the application had been circulated to technical review agencies, required public notices were published, and certified mail and posting requirements were met. The county Metropolitan Commission (METCOM) and other agencies provided review comments; no formal objections were reported in the record.
No members of the public testified for or against the request during the hearing. Planning Commission member Joe St. Clair moved that the commission find the statutory and ordinance criteria met and recommend approval; the motion was seconded and carried by roll call vote with all members present voting aye.
The commission's recommendation will be transmitted to the Board of County Commissioners, which must hold its own public hearing and make the final decision on the comprehensive-plan and map amendments.
Votes at a glance: Planning Commission recommendation to approve zoning map amendment ZONE-24-0002 (Cusick property) — motion by Joe St. Clair; second (not specified); vote: 6 yes, 0 no, outcome: recommended to county commissioners.
