La Plata, MD – Environmentalists fighting to protect the fragile and diminishing Mattawoman Creek have threatened legal action against Charles County leaders if they go forward with a plan to expand one-story big box stores in the northern end of Waldorf to over 100,000 square feet.
Attorney G. Mason Nelson, representing Ken Hastings of the Mason Springs Conservancy and Bonnie Bick of the Sierra Club, told the Charles County Commissioners at a public hearing Tuesday, March 28 the proposal is in direct conflict with the county’s Comprehensive Plan, which was approved last year.
“I wanted to, on behalf of my clients, try to make the fundamental point that this proposed legislation has two legal defects which make it, in our view, illegal,” Nelson said. “It is in direct conflict with the comprehensive plan.
“Retail sales over 100,000 square feet on one story is not a use compatible with the intent and purpose of this district, the mixed-use district,” he added. “The comprehensive plan instructs the county to update its land development to limit the environmental footprint in a mixed use district to 100,000 square feet. This proposed legislation directly conflicts with that. Those are two fundamental flaws in this legislation, which is subject to very serious risk of legal challenge.”
While most of the half-dozen speakers at the hearing praised the county’s efforts to incorporate TDRs (Transfer of Development Rights) into the proposal, every speaker decried the plan to expand one-story big box stores, saying that the Mattawoman Creek headwaters are in that area and would be adversely affected should the measure go forward.
Once rated as one of the most pristine waterways in the Chesapeake Bay watershed, the Mattawoman has begun to show signs of degradation in recent years.
“If you expand single story businesses in excess of 100,000 square feet, you would also increase the impervious surface,” Dr. Jim Long of Accokeek said. “You would be setting a bad precedent. Multi-level is more appropriate and less environmentally damaging.”
Ann Stark of Waldorf said she was against a building that is going to be 130,000 square feet at this location.
“The comp plan says a building cannot exceed 100,000 square feet in a TOD (Transit-Oriented Development) zone,” she said. “This proposal would expand that to 130,000 square feet. I guess I drive around Waldorf, and I guess I have a problem with big box stores. We already have a Sports Authority building that has been vacant for 18 months and three weeks ago H.H. Gregg announced that they are also leaving. My point is, this is a gateway to Charles County. Do we want to be seen as strip mall after strip mall after strip mall? I’m against it. I could go on and on about empty storefronts in Charles County. This goes against the comp plan. It doesn’t make sense to me.”
“Stores coming to the area are choosing to go to Prince George’s County,” Michael Lucchesi of Waldorf stated. “Go very delicately here. We already told Walmart what we wanted [Walmart earlier withdrew plans for a Super Walmart at the site]. That Super Walmart over in King George, VA, looks like it is doing pretty well, isn’t it?”
The commissioners agreed to keep the public record open for 15 business days before making a decision. After their next meeting April 4, the commissioners will not meet again until April 25.
Contact Joseph Norris at joe.norris@thebaynet.com