Olszewski Bill Would Revive Revoked Catonsville Development

Call it PUD redux.

A bill scheduled to be introduced tonight in the Baltimore County Council could put a controversial Catonsville Planned Unit Development back on track if it's approved next month by at least five council members.

The bill, sponsored by Councilman John A. Olszewski Sr., would rescind a resolution sponsored by Councilman Tom Quirk that rescinded the council's approval for a 10-home project proposed for less than three acres of land on Thistle Road.

Quirk became the first councilman to ever revoke such a development, also called a PUD, which provides more flexible zoning regulations for mixed-use projects than what would normally be allowed in return for specific community benefits.

Olszewski, a Dundalk Democrat, said the bill is focused on clearing up what he said was a murky process.

"With me, it's about process," Olszewski said. "The county attorney felt we may have been on some shaky ground with the last PUD revocation."

Quirk was not immediately available for comment.

The Thistle Road project was the first PUD to have its approval revoked. The council did come close to revoking a large Planned Unit Development proposed for the Philadelphia Road corridor near White Marsh Mall. Then-Councilman Vince Gardina introduced a resolution to revoke approval for the project but withdrew the action on the night of the vote.

The Thistle Road project was approved by former Councilman Sam Moxley. Quirk, who took office last December, moved to revoke that approval in May.

Olszewski said the revocation "impugned the integrity of the process. This bill is trying to put the integrity back in."

Under Olszewski's bill, an incoming council member would have 60 days from being sworn in to introduce a resolution to review a previously approved PUD project. The council member would be required to give public notice of the review and allow for public comment.

Olszewski said Quirk's resolution caught him and other council members by surprise. The council chairman said Quirk made his intentions known to revoke the PUD as members gathered to begin the May 2 voting session.

Quirk did not discuss the development nor his intentions when the council members and staff met for a dinner at 7 West prior to the voting session.

"It caught me by surprise," Olszewski said, adding that he and other members did not have time to examine the ramifications of such an action.

The council, in a historic vote, unanimously approved the revocation of the approval for the Thistle Road project.

"I should have known better," Olszewski said. "We should have had more time on the issue."

Typically, zoning issues and Planned Unit Developments are considered the domain of the council member where the project will be built. Other council members typically vote in support of the member who represents the district—a process referred to as "councilmanic courtesy."

Olszewski's bill, which revokes Quirk's actions, could be seen by some as stepping on that legislative courtesy.

In May, Quirk did not explain the reason for a last-minute resolution prior to the vote. After the meeting he told reporters his decision was based on environmental and land-use concerns.

"I looked at reports from the Department of Planning and the Department of Environmental Protection [and Sustainability] and I saw a lot of concerns," Quirk told reporters after the vote.

He declined to talk about his specific concerns. He referred reporters to the departmental reports on the project.

The project was not well supported by the community.

More than 90 people attended a community meeting about the project earlier this year.

Quirk said in May that environmental concerns, not community ire over the project, drove his decision to revoke approval for the project favored by his predecessor, Moxley.

The bill introduced tonight would be discussed at the council's June 28 work session. A vote is scheduled for July 5.