Contributor Opinion By Noreen Bryan: Development Review Process Unfair To Citizens

>In the last six weeks we have been trying to assess the Victory Housing proposal to build a large apartment complex for independent seniors (60+) on the Fleet St. property behind the historic houses. Whether you are for or against this development there are many things that you need to know about how your city is helping developers and keeping citizens out of the process.

Lack of Public Discussion of Use of Publicly-Owned Land

The county and city have been working to develop this parcel for ten years. In that time there has never been a public discussion where citizens can express their views on the use of this land, which is the last remnants of mature forest in the center of town. This is a precious piece of public real estate. It is our land-yours and mine. There are undoubtedly many different views on how this land can best be used to enhance our city. We need the chance to assess and discuss a wide range of alternatives. Our government-city and county, elected and staff- have put forth three land use proposals. All of these have been conceived in the back rooms of city hall and the county office building. Citizens have never been allowed to participate in that process. Citizens’ first knowledge comes when a development is already well defined. Citizens are the last to know but the most impacted by development decisions.

City Talks for Months and Years with Developers, Minutes with Citizens

The developer for the Fleet St. property has been working with the county and city for at least three years and probably more. In that time the developer has had open access to the county executive, Rockville’s Mayor and Council and the staffs of both governments. And these officials have given freely of their time. The county and city has worked with the developer while all other participants have been excluded- citizens, other developers, the press, In fact the Rockville Zoning Ordinance provides for a Development Review Committee (DRC) of all key personnel from around the city. The DRC works with a developer before he/she submits a development application. The DRC answers questions, provides guidance on the zoning ordinance and Rockville code and specifically advises the developer about where their proposal might not be in accordance with law and regulation. In all that time the doors of government are wide open and it appears that everyone is willing and ready to help. Is there comparable help for citizens? NO! Citizens are not told about a pending application. They are excluded from meetings of the DRC. They first learn of a proposed development just before the formal application is submitted. In the case of Victory Housing some citizens knew for a few months of Victory Housing’s intent to go forward with the development. Others did not know at all. Then the doors to the Mayor and Council and all the Commissions and Boards are slammed shut under the new ex parte ruling issued in 2008 but never openly shared with citizens.

Schedule and Timing- Developers Have a Ten to One, up to 100+ to One Advantage

A comparison of developers’ schedule and timing compared to that allowed to citizens shows the gross bias in favor of developers. In the case of Victory Housing the developer spent 3 to 5 years putting his proposal together. But the city has given citizens only a month to review the proposed abandonment of Mt Vernon Pl. Right-of-Way and 3 months to review the Special Exception Application. The developer has roughly 10 to 50 times as long as citizens. The developer trumps citizens in lead time and in access to the Mayor and Council, the Planning Commission, the Historic District Commission, the Board of Appeals and all other city commissions, boards and city staff. They have huge staffs of experts-lawyers, architects, engineers, etc who are paid for all of their efforts. By contrast, the citizen is unaware of a project until it is finely honed and very quickly thereafter the door is shut to communications with everyone in city government except the staff. Citizens must figure out how to review, assess, discuss their views, organize the community and get the word out to the community all on their own time, after a full day of work and in a severely compressed schedule. Their time is unpaid. The final blow is the 3 minute constraint at public hearings and meetings. Citizens have to figure out how to condense all of their views into three minutes of testimony. How does that compare to the glossy lengthy presentations allowed to developers.

Citizens are not getting a fair deal! It is time for a change!

Noreen Bryan

This contributor opinion is by Noreen Bryan.

This is a contributor opinion. Rockville Central encourages readers to submit such opinions for consideration — the more voices the better. We especially welcome people who disagree with us. We ask that all such contributions be civil and we reserve the right to edit (in consultation with the author) or reject. Contributor opinions should not be seen as reflecting opinions held by Rockville Central editors, as they are just as frequently at odds with our own views. That’s the whole point!