[RP TownTalk] (no subject)

Sat Mar 16 17:02:58 UTC 2013

Bruce/Jim -

As someone who has owned and run three small businesses since as far back as
1999, I am acutely aware of the issues at play.  I am inordinately sensitive
to the challenges every entrepreneur faces.  I apologize in advance for the
length of this post but some very key and crucial points are being put forth
and I want to give them adequate attention and consideration.

At almost every meeting and every online forum there continues to be this
underlying accusation that positions and opinions the Town has taken or
people have are in some way 'personal' or that the town is out to get Jey
because of the 'history.'  That is not the case, it is a difference of
opinion and I would hope we can all refrain from using conspiratorial
language and debate the issues at hand.

At the core of the discussion is what I had brought up and talked about at
multiple meetings including the RPBA - i.e. what is the vision for the town,
what are compatible uses, what is the intent of the zoning etc.

In reading the many lengthy posts in regards to this subject it is clear
that there are two opinions:

1)      Since historically Riverdale Park attracted lower-end development it
is fine to continue to support those efforts and the town should welcome any
developer with open arms who will develop anything.  We should not be
concerned with the use, the impact to the surrounding neighborhood and
community, and long-term economic development consequences or impacts.  We
need to champion and respect that a land-owner's rights are greater than the
community's

AND

2)      We should look at the historical land use decisions to find out what
worked, what didn't and not repeat mistakes while championing successes.  We
also need to have a comprehensive vision for our business corridors (Route
1, Kenilworth, and Town Center) and evaluate every project parcel by parcel
to see if the use is compatible with the intent and vision of economic
development not just today but 10, 20, and even 50 years into the future.
This compatibility ensures a greater congruence between residential and
commercial uses while offering businesses a greater chance of commercial
success as a wanted, needed, and integrated community-supported business.

These are at their very core, mutually exclusive.  To the assertion that no
one has any skin in the game other than the land owner, I will respectfully,
politely, but very vehemently disagree and assert that as a community we all
have skin in the game that is tens of millions of dollars greater than any
single individual's.  The collective skin in the game is an entire community
that each put in hundreds of thousands of dollars with their mortgages.
The entire point of land use and zoning is predicated around that core and
essential tenet.  Decisions made by individual land owners can have lasting
negative and positive consequences for decades for the entire surrounding
community.  

I am going to have to correct a factual falsehood that continues to be put
forth.  The property owner has not obtained all PG County permits.  By law,
any developer in the M-U-TC zone must submit permit plans and those plans
must be stamped and approved by M-U-TC prior to the issuance of any County
building permits.  The applicant has some significant permitting and
procedural hurdles to overcome prior to obtaining all County permits.  

There are mandatory guidelines in the M-U-TC zoning that will be challenging
for any applicant to meet when redeveloping a vacant property.  It is a
flexible framework and we are willing to work with any developer to meet the
intent of mandatory guidelines.  That being said, it is difficult if not
impossible to render an opinion at this point, if this particular developer
will be successful or not; the M-U-TC committee has yet to be presented with
the requested and legally required information to date to even evaluate a
decision, much less have an informed discussion on the merits of compliance.

The last point you made Bruce is the most relevant and important one; I do
want to hear from people and I have actively engaged in conversations with
anyone who cares to talk about it.  PLEASE email me your thoughts pro/con
concerning the potential eminent domain.  PLEASE show up to the work session
and offer written or verbal testimony pro/con.  The law is very clear on the
matter and the Takings Clause of the 5th Amendment allows the Town,
regardless of objections, regardless of improvements, the right to turn this
site into a public use.  

I do appreciate that the town is having this debate at this moment in our
history - it is long overdue.

Respectfully,

Jonathan

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