Planning Commission hearing a debacle

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Source: Frederick News Post
Author: Catherine Forrence
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Date Published: 11/06/2013

Developers and their attorneys expect certainty in the land development process. Fair enough. We all like to know the rules of the game. Part of the zoning and subdivision process involves appearing before the Planning Commission. The Planning Commission’s Rules of Procedure provide certainty, and are issued to assist in the “orderly and efficient conduct of all matters with which the Commission is concerned.” Before the second public hearing on the Monrovia Town Center rezoning, I sent an email to the Frederick County Planning Commission and staff highlighting two sections of the Commission’s Rules of Procedure: §6.2 “Any person is entitled to appear and be heard by the Commission before it reaches a decision on any matter” and asked how cross-examination will be handled, as permitted by §6.9 “The Chairman will allow reasonable cross-examination of witnesses at a time and in a manner considered reasonable by the Chairman under the circumstances.” Prior to the Oct. 30 Monrovia Town Center hearing, I provided a copy of the Planning Commission’s Rules of Procedure to the Planning Commission’s chair, and asked whether the commission planned to follow their rules? No response. The county attorney announced the Planning Commission would not allow cross-examination, even though it is permitted by their rules! During the hearing that evening, a number of speakers asked and received no response from the commission when asked to follow their Rules of Procedure.