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Staff continued the Powerpoint to explain:
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a description of overlay zones,
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the structure of proposed draft legislation,
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goals of the MIOZ,
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The elements that need to be regulated (height, noise and safety zones),
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Tools for regulating,
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Outstanding questions for the committee to consider
Staff emphasized that determining the threshold for transitioning existing buildings and uses is the crux of the issues that the Committee will discuss. A committee member noted that the question is whether we just need to make tweaks or recommend something more major.
The PPT generated several questions:
Are there undeveloped areas that will be affected by the legislation? Staff will identify vacant properties in the noise zones
A committee member suggested looking at recent development review approvals for Westphalia to see how noise was considered, then look at what resources are available to assist residents and business owners. Staff will research resources for aid, and use provisions of Westphalia approvals as a baseline.
A property owner indicated that noise is indeed a problem and asked if resources would be available to help defray the cost of noise attenuation. Staff indicated that the Committee will be looking into funding sources as recommended in the JLUS.
A committee member asked if the air rights were identified on the clear zone properties. The representative from JBA described the types of air rights (height to ground; height to plane) and indicated that easements of record identify the restrictions on each parcel. These are still being researched and the findings will be presented at a future meeting. (likely July, with other Height issues) A member of the audience asked for a definition of air rights. The Vice Chair clarified that some of the easements purchased had use restrictions on the properties, others had height restrictions.
The Vice Chair opened up the meeting to the public to discuss the noise component of the MIOZ. Questions raised by the public included:
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When were the noise guidelines last updated? Are we working with current guidelines?
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What exactly is in the clear zone (staff responded that the information is found in the JLUS, copies of which were provided to the clear zone property owners in the audience) It was noted that some properties have changed ownership or improvements have been made since the release of the study.
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Will the MIOZ affect Suitland Parkway?
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Question raised by a committee member:
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Do we have to have a moratorium during the legislative process to ensure fairness to everyone but accomplish what we need to accomplish?
Comments by the public included:
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The clear zone needs to be clear. (The Vice Chair indicated that the Committee would like to see it clear, the question is how to best accomplish that without creating a hardship and keep businesses in the County.)
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Noise is definitely a problem. (The base planner will provide contact information for noise complaints).
Specific concerns from property owners in the clear zone which they would like addressed at future meetings include:
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