Conservation concerns stall project

Civic group asks judge to overturn Planning Board's approval of 230-lot Brandywine housing development

The Accokeek, Mattawoman, Piscataway Creeks Communities Council filed a petition June 1 to the Prince George's County Circuit Court asking a judge to reconsider the Planning Board's approval of the project because they said the plan does not call for preserving as much land as required by law.

But developers and county planners said everything was handled correctly, and in some cases the developer has exceeded minimal legal requirements.

Saddle Creek is proposing to build about 230 lots on 278 acres east of Route 5, between Floral Park Road and Accokeek Road in Brandywine.

Under a 2006 county law, developers are required to directly notify residents whose homes are adjoining or across the street from the property in question when requests for zoning changes or plan approval are submitted to the county.

Kelly Canavan, president of the Accokeek, Mattawoman, Piscataway Creeks Communities Council, filed the petition because, she said, the approved design is too "suburban" in that it calls for standard lot sizes spread out over the property and does not protect enough open space.

The Circuit Court petition challenges the Planning Board's approval of the development as a conservation subdivision – a classification that allows developers to get more density out of their land if they agree to cluster their homes and preserve a larger and more environmentally sensitive portion than is ordinarily required.

"We think the preliminary plan is a farce, and it doesn't adhere to the intent of the conservation subdivision law," Canavan said.

But Haller said Saddle Creek was required to conserve 40 percent of the property and that the final design calls for conserving close to half.

Haller also challenged residents' claims that there was insufficient notification of the development. Developers are required to notify registered civic groups and others who sign up as parties of record and to put up signs along their property.

"There was no notification. I talked to 80 percent of the residents, and they said they have had no notification," said Kamita Gray, president of the Danville/Floral Park Road Citizens Association, which represents nearby neighborhoods.

Gray, who is asking the Planning Board to reconsider its approval of the plan because of her group's issue over notification, said the community is concerned that the development will strain fire and police services in an area where, she said, they are already overburdened.

"We did provide all the notices, not only the ones we are required to, but we also attended civic association meetings," Haller said.

Haller said that signs were also posted in one adjacent neighborhood, which goes beyond what the law requires.

"We set aside more conservation land than the code requires, and we think the full subdivision meets or exceeds the spirit of conservation subdivision requirements," he said.

Andree Green Checkley, associate general counsel with the Maryland-National Capital Park and Planning Commission, said that the plan was vetted to make sure it adhered to the conservation subdivision law. The plan was approved April 17.

"We addressed every requirement we were supposed to address," she said.

A court hearing addressing the petition will take place in the coming months.