Recused Councilman Creates Tie Vote on Pasadena Property

A nod from the county executive, the support of the people, and a last-minute change of heart by county planners wasn’t enough to win over a divided council on Monday.

Monday's meeting of the Anne Arundel County Council, the last public hearing on comprehensive rezoning for Districts 2, 3 and 5, filled the council's chambers with a final wave of citizens concerned over rezoning proposals for Pasadena, Severna Park, Glen Burnie, Broadneck and beyond.

But before discussion began on rezoning a 26-acre property on Long Hill Road in Pasadena, District 3 Councilman Derek Fink recused himself from the matter and left the room, saying his exit was "because of one of my business associations."

Earlier in the month, the county’s Ethics Commission concluded that Fink should stay out of legislation on the issue due to his business relationship with the property’s owner. Gary Koch is the owner of the Long Hill Road property and the landlord for one of the businesses Fink is invested in, The Greene Turtle. The commission said Fink’s inclusion in any vote would "create the appearance" of a conflict of interest.

Fink sought the commission’s opinion himself to clear the air, and abided by their recommendation at Monday’s meeting. However, that didn’t save him from criticism at the hands of the public. David Griffin, of Long Hill Road in Pasadena, said this smelled of corruption.

Koch requested his 26 acres of undeveloped land on Long Hill Road be upzoned from R1, low-density residential, to R15, high-density residential. With that zoning, the property could be developed into multifamily units. The request complied with the county’s General Development Plan, and so it earned the recommendation of the county’s office of planning and zoning.

With that recommendation, Koch’s property would sail smoothly through the comprehensive rezoning process, unless the council took a stand against it.

But an amendment didn’t come until the last day possible, and it didn’t survive the night.

Throughout the public hearing on Monday, the R15 zoning took heat from surrounding residents who said they already feel sandwiched by dense developments. They said they were concerned about increased traffic in the area, among the other infrastructure strains that come with an influx of residential growth.

“Our growth outgrew our infrastructure. We need to get our infrastructure ahead of our growth,” Griffin said.

During the meeting, the Office of Planning and Zoning’s Officer Larry Tom said they had changed their stance, and wanted to keep the land at its original R1 zoning. Part of the change of heart was due to testimony, he said.

“Their same concerns resonated with the administration,” Tom said. “We’ve worked with the council to take our recommendations out of our bills in light of significant community opposition.”

Because Fink, Pasadena’s representative, recused himself from any legislation on the matter, County Executive John Leopold asked for Council Chairman Dick Ladd to introduce the rezoning amendment instead. The motion would have erased the R15 recommendation on Koch’s land, and it would remain as an R1 property.

District 4 Councilman Jamie Benoit asked if this change would affect the county’s General Development Plan, as the R15 zoning was in line with that plan. Tom said that portion of the plan, and others the council had voted on, would be implemented in a revised plan.

When a vote was finally taken, the council was split by a 3-3 vote, with Councilmen Ladd (District 5) John Grasso (District 2) and Chris Trumbauer (District 6) voting yes; and Benoit, Jerry Walker (District 7) and Daryl Jones (District 1) voting no.

Without Fink to break the tie, the motion to keep the property at an R1 zoning failed.

If the council approves comprehensive rezoning bill 66-11 on Dec. 5, the R15 zoning on Long Hill Road will stand, and even a veto from Leopold won’t be able to remove it.