Putting it back on the community?
Long-time community activist Donna Spicer doesn’t see the withdrawal of a bill that would have changed the county’s Planned Unit Development law as a win for communities.
County Executive Jim Smith had hoped to add language to the law that would allow the county hearing officer to remand a failed PUD back to the 15-member county Planning Board. County officials said the change was needed because of two recent Board of Appeals decisions that effectively struck down two such developments in the Bowleys Quarters and Millers Island areas.
The bill was pulled days after 10 residents from those areas testified before the County Council that the change would steal a hard-fought victory from them and create an”endless loop” of appeals.
Lawyers for the Millers Island project have asked the Board of Appeals to reconsider it’s decision. A hearing is scheduled for the end of the month.
Don Mohler, a spokesman for the county, said county attorneys believe the hearing officer already has such authority and will send an opinion to the Board of Appeals by the time it hears the Millers Island issue.
That has Spicer crying foul.
Spicer said she disagrees with the assertion that the ability to remand to the Planning board already exists.
“I’m not an attorney but it’s not in the code, it’s not in the process,” Spicer said. (It should be noted that other attorneys, including Councilman Kevin Kamenetz, say this is a long-held principle of administrative law.)
Opinions from the county attorney, while based on case law, are advisory and do not carry the force of law. If the Board of Appeals agrees with the county attorney on the matter, it would then be back on community groups to challenge the issue in Circuit Court.
“This puts it all back on the communities again,” Spicer said, adding that community associations who choose to fight in court can look at bills of $30,000 or more.
“Do the communities have that?” Spicer asked.