Paul Derby and I have been working toward a zoning-rule-based challenge of the APS use of the Wilson Athletic Field as a trailer park. I've already submitted one formal challenge to the Arlington zoning administrator; and Paul has asked several probing questions likely to lead to additional formal challenges.

I'd like to pose a question now to the NRCA membership, even though it's premature, because we may need a very quick answer in a week or two: Suppose we win, or partially win, an initial determination that APS may not continue their current practice?
Note, any zoning determination would not necessarily affect long-term plans for intense development. APS staff recognizes that their development plan would require zoning modification. Any zoning determination would only affect the medium term plans to bring in the APS child-care program, and the Arlington Mill HS continuation program over the next three years.

Should we:
1. Take a tough stand and demand that the zoning violation be corrected forthwith?
OR
2. Use this as an opportunity to negotiate? And if so, what would be our "bottom line requirement?"

Thoughts about option 1.
Any determination by the zoning administrator is only the first step in a formal legal process including many levels of appeal. APS has a lot of resources in this arena.
On the other hand, the game as played within the APS process is heavily weighted against us.

Thoughts about option 2.
We got to where we are because we believed some APS promises about the trailers being temporary. We have some credibility issues with APS.

Further thoughts about option 2.
What's our bottom-line requirement?
A) Partial removal of the trailers now, and a fixed date for removal of all trailers in the future?
B) Same as above, plus a longterm commitment not to develop Wilson (tougher).

Any feedback would be very helpful. Particularly if there are some additional alternatives to be considered. Thoughts may be posted here, or forwarded directly to me at mantell@northrosslyn.org. I hope to run a poll on this on the NorthRosslyn.org website if responses do not point to a clear consensus.

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Why am I asking a question before it is ripe, and which, anyway, probably will be handled by the NRCA executive committee?

My reasoning comes out of my notion of the role of civic organizations in a democracy. The current volume of the online Journal of Public Deliberation reviews a book: "The Next Form of Democracy." The book indicates that many civic organizations fail ... thru success! Why? Because thru success they become part of the power structure. I'd hate to have that happen to us. I tend to think that civic organizations can retain their purpose via a continuing democratic process to reset goals.

Here's my two cents on the Wilson School situation:

I'm not sure you can negotiate with Arlington Public Schools (APS). They just aren't set up to negotiate. So as much as one might like to sit down with Bob Smith or the Arlington Public School board or senior staff, that just isn't a possibility. Their method of operation is board meetings, public comment, committees loaded with their own staff, etc. But they don't negotiate, they do what is in the self-serving interest of APS. APS has no history of understanding community integrity or dealing with a community where 2 out of 3 residents are not involved in the school system other than to pay taxes. In our county of few children, especially in the densely populated parts of Arlington like Rosslyn, our needs are different than a K-12 traditional school approach. Across the county our schools must not only serve the K-12 needs in the areas where the kids live, but also serve the large adult population needs for continuing education, community resources, immigrant needs, etc. APS has been cited as having K-12 schools that are the best in the country, but APS just doesn't understand their role as an integral portion of communities that do not have school age populations. That, in my opinion, is why it would be nearly impossible to negotiate with APS. APS is too far removed from the reality of Arlington County to have a meaningful negotiation and APS is not structured to participate in a public negotiation.

By asking Arlington County Zoning Staff and the Arlington County Board to enforce the zoning regulations regarding the erection of temporary structures (trailers) on the field, we have the first opportunity in 10 years for the possibility of public hearings regarding the placement of new temporary structures on the Wilson School land. The zoning regulations are clear in requiring that anyone, public or private, wishing to erect a structure on land in Arlington County must get a building permit, meet the zoning and code requirements determined through a series of inspections, and then if all the regulations and requirements are met a certificate of occupancy is issued by the county. The big hurdle regarding Wilson School in erecting temporary structures (trailers) is the violation of land use for the zoning of the Wilson School property. This property is zoned for open space, not developed space. So Arlington County should hold the school to this requirement, as the community has asked the county to do. If APS wishes to obtain a zoning variance to erect the temproary structures, they must request a zoning variance. Then a zoning hearing takes place and that is where the negotiation with APS can take place amongst the community, Arlington County and APS all having a say in the process. So at this point APS could either get a variance or be blocked from erecting the temporary structures. I feel we, as a community, must insist that Arlington County follow the zoning requirements so that WE GET A CHANCE TO HAVE THE PUBLIC HEARINGS to discuss this situation in light of the zoning which is based on the long term plans of the county.

Let's say APS does get a variance, after the hearings, to erect temporary structures on the land. The hearings are the time to negotiate the length of time the temporary structures can be on the land as part of the variance. Also, this is the time Arlington County can give notice of enforcement of the other zoning regulations including the coverage limits the trailers and the parking lot can cover the land, the landscaping requirements, and meeting all the building codes. Only then would a certificate of occupancy be issued allowing APS to use the trailers for the specified length of time. At least we would have a plan for when the trailers would be removed and the trailers and parking could not cover the entire property and they would be safe by virtue of passing all the building code inspections. By having a limit to the time the trailers would be permitted to occupy the land the County-led urban planning process could evolve and determine the best use of this important parcel of land by evaluating the entire park/fire station/school situation and determining what is best for all parties: the community, the entire county, and the school system.

So I don't see choices 1 or 2 as the route to resolution to this situation, but a 3rd approach, as I've outlined above, would get all parties to participate initially through the public hearings of the zoning variance process and if a variance is allowed, having a planning process to determine the use of the property as part of the Rosslyn-Ballston corridor long term plans. Insisting on the building permit/inspection/occupancy certificate process insures the trailers are safe for the limited time they would occupy the land.

Although I appreciate Mark's vision of the North Rosslyn community as a force with which the APS would negotiate, I strongly support requesting the county to correct zoning violations regarding the Wilson School land. If the results are short-term, that is time that may benefit us, not APS. The scenario Paul describes could then ensue.