Update on Fortune Park December 2005

Request for support from Potomac Springs Citizens Association

To: (Robert Gross, President, MSCA)
Sent: Thursday, November 17, 2005 5:23 PM
Subject: Fortune Parc Site Plan Amendment

Thank you for taking the time to talk with me last evening regarding the proposed Site Plan Amendment (the "Proposed Amendment") for Fortune Parc.

As we discussed, by letter notice dated November 7, 2005, local citizens' associations and associations whose boundaries encompass the subject property were formally notified of the Proposed Amendment, which was then scheduled for public comment, discussion and a vote by the Montgomery County Planning Board at a public hearing on Thursday, November 17, 2005. (That meeting has since been delayed, most likely to Thursday, December 8th.) The proposed change identified in this notice describes an amendment, among other things, to change: (i) the approved two 4-story garden apartment buildings to two 10-story condominium buildings; and (ii) the approved 9-story condominium building to a 10-story building. The number of units remains the same.

I contacted the Montgomery County Department of Park and Planning Development Review staff ("Staff") immediately upon receipt of this notice, which was the first notice that I received regarding these proposals. Staff promptly returned my call the next day, and told me that: (a) there had been a generic (i.e. non-descriptive) notice sent out in April 2005; (b) Staff had received not a single comment or question from the public until my inquiry; and (c) Staff had already formulated a recommendation to approve the proposed Amendment.

One of the key factors for the Montgomery County Planning Board in reviewing site plans and amendments thereto is the compatibility of the proposed plan with the local environment. Simply put, in addition to a determination whether the proposal falls within the existing zoning regulations, the Board will look to see if the plan "fits in" with the existing environment. This is critical, because the change from one 9-story building and two 4-story garden apartment buildings to three 10-story buildings is rather significant. These buildings sit on an elevated area on the site, and would dwarf any other building and all trees over a tremendous area. The other local commercial buildings are only 2-4 stories, are generally set on lower elevated areas, and are framed by existing mature trees so as to blend in with the environment. My Potomac Springs community, which sits across from Fortune Parc on Seven Locks Road, will be able to see the proposed buildings towering over the 50' 4-story town houses currently being constructed as part of Phase I of the Fortune Parc development. I also note that these proposed buildings would be situated close to one another, so as to create a block of six towers (two towers per building) forming somewhat of a wedge around those townhouses. This is to be contrasted with the commercial buildings zoned -- but not yet permitted -- for the site which would be spaced much further apart from one another along the lower elevated area along I-270.

I represent the Potomac Springs Civic Association in the Fortune Parc matter, and we intend to strongly oppose the portion of the Proposed Amendment that would increase the height of these buildings because we do not believe that they are compatible with the existing, permitted site. In voicing this opposition we will certainly point out that: (x) Staff formed its recommendation without having heard anything from the public, questioning whether the April notice was actually sent out and received; (y) Staff can not have considered the compatibility issue because no drawings of the proposed changes graphically indicating the height and design of the three 10-story buildings were filed as part of the application; and (z) the proposed commercial buildings that Staff believes justify their conclusion that the 10-story buildings are compatible with the site are not yet permitted and, in fact, may never be built.

I also note, anecdotally, that when I raised the concern that the Board would be turning the intersection of Montrose and Seven Locks Roads into downtown Silver Spring, a Staff representative replied "what's wrong with that?" I hope that you and the members of your community share my concern over that response.

I am soliciting the support of the Montgomery Square Citizens' Association in this matter. A simple letter in opposition would be very helpful to the Potomac Springs Civic Association in our more active opposition to the Proposed Amendment.

Please feel free to contact me with any questions or comments.

Benjamin L. Israel