Rockville Planning Commission postpones vote on next Chair

Planning Commission Chair
Don Hadley said he is ready to
turn the gavel over

The Rockville Planning Commission declined to vote on who its next Chair will be last night. Commissioners were undecided as to who wanted to take on the responsibility, and wanted the two absent members to have a say in the decision. That decision will now come in January.

Commissioner Jack Leiderman was next in line under the traditional criteria, but declined the Chair position when asked by his colleagues. Leiderman cited his often-outspoken opinions, and the fact that his term is winding down with no guarantee of reappointment, as reasons for declining the chairmanship.

David Hill, a longtime commissioner who has served as Chair in the past, said he felt he would continue to be most effective without the title of Chair, as it frees him up to fully engage in the discussion and make motions on planning items. Commissioner John Tyner, another veteran who has chaired the body, said he would be willing to do it again if necessary. All agreed they would prefer if one of the newer members of the Commission would take the Chair position. Commissioner Anne Goodman declined for personal reasons. Commissioners Charles Littlefield (who was floated as a potential chair by several commissioners) and Gail Sherman were not at the meeting.

Current Chair Don Hadley said it would be a negative for the institution of the commission for him to serve in that role beyond this month. He said the commission is best-served if the leadership chair doesn't become too closely associated with one person. Hadley asked Hill to lead an offline discussion to attempt to reach a consensus on who is interested in the seat. At the commission's January meeting, members will have to either vote at the outset of the meeting, or appoint a pro-tempore chair to get through the meeting agenda that night. Then a discussion and vote can be held later in the evening.

As the commissioners prepared to adjourn, they were stunned to hear of the departure of Senior Assistant City Attorney Marcy Waxman. Waxman said she appreciated the opportunity to work with the Commission over the past several years, and would miss them personally and professionally. She noted she had been working for the City on a temporary basis since August.

Waxman did not mention what her next career move would be, but her LinkedIn page says she is now a Real Estate Agent and Attorney with RE/MAX Realty Group. The commissioners expressed their gratitude for her service. Waxman said she will be succeeded at the Commission by two new attorneys hired by the City.

Rockville Planning Commission approves Avalon Bay project, mulls new tools to control school overcrowding

A development project delayed repeatedly over the last decade had yet another scare last night before the Rockville Planning Commission. But Avalon Bay's Twinbrook Station apartment site plan ultimately gained approval, before the end of another epic Planning Commission meeting - a meeting that began last night at 7:00 PM, and ended early this morning.

Avalon Bay has proposed building a 55' high, 238-unit apartment building at 12720 Twinbrook Parkway. There will be 24 studios, 115 1-bedrooms, and 99 2-bedroom units, and a 351-space parking garage. Thirty units will be set aside as affordable housing. Amenities promised include a swimming pool, fitness center and club room. Despite the Twinbrook Parkway address, the main driveway access will be off of Ardennes Avenue.

The project site is less than a quarter mile from the Twinbrook Metro station. Ranging from only 3-4 stories despite that transit-oriented location, the project had to also balance its proximity to the single-family home neighborhood directly adjacent to it. Commissioners - including Jack Leiderman, who cast the only dissenting vote against the plan - praised the applicant for its restraint on height and density.

View of rooftop deck at
future Avalon Bay Twinbrook
apartments, including
outdoor grill station

Concerns mostly centered on its impact on schools, including Twinbrook Elementary; traffic circulation; and public safety.

The school question caused the commission to briefly jump ahead to a discussion of what school capacity data it should consider related to projects, which had originally been confined to a later agenda item. Leiderman argued strongly that - despite this year's decision by the City Council to allow more overcrowding, by weakening Rockville's Adequate Public Facilities Standards on school capacity - the Planning Commission retains significant oversight authority and responsibility to ensure adequate classroom space.

“I do have one concern here that has to do with schools," Leiderman said of the Avalon Bay project. "Twinbrook Elementary is struggling with being over-capacity. The APFS standard, per se, when we go to the finding that we would make…the standard number three about the adequate public facilities standard…that does not preempt a municipal planning commission from taking into account what’s going on at a local school near the site."

While Avalon Bay's projected student impact "may not trigger an automatic moratorium, I would contend that the planning commission still” has authority to consider the capacity of schools in that cluster, Leiderman suggested. He recalled that Councilmembers Tom Moore and Virginia Onley, in voting for the APFS change, "made the point that nothing in the APFS change restricts the planning commission from evaluating [school capacity] on a case-by-case basis. I take that to heart [in considering] the general welfare finding. I’m not equipped with enough data to make a finding."

“We suggested that that’s not appropriate,” planning staff liaison Andrew Gunning said of why staff was not furnishing all of the numbers Leiderman and others have requested. Because the city has adopted a new standard, it should stick to that in measuring impacts of developments, Gunning argued. “To look at two different sets of measurements…would be really confusing and introduces a lot of, just, confusion,” Gunning said.

Leiderman replied that detailed data is necessary for the commission to holistically consider whether or not there are adequate public facilities to permit approval of a particular application. As it stands, “I don’t have the information I would need as a commissioner to do due diligence to make a finding,” Leiderman said.

Commissioner John Tyner disagreed. “We are bound by what current law is. That is what staff has based their recommendations on,” Tyner said.

But the "legislative intent behind [the current law] was that the commission still uses its judgement," Leiderman said. “If site plans were simply based on numbers, we wouldn’t need commissioners. [Considering school capacity] is still in our purview.”

Avalon Bay's attorney, Barbara Sears, objected to the late discussion of new school-capacity criteria. "I believe in the rule of law," Sears said regarding the new APFS revision. "I know you’re disspointed it was adopted, but the city has adopted" a lower standard.

Commission chair Don Hadley agreed with Sears in principle, suggesting that Avalon Bay - as the first applicant to come before the commission under the new standards - shouldn't be penalized for that random fact. He concurred with the idea of the commission discussing new tools it could utilize to fulfill the responsibilities Leiderman suggested were within its authority over schools. But, Hadley said, "this is not the project" to have that discussion around.

With school concerns off the table, there were not any issues that threatened to derail the project.

Regarding traffic, some commissioners were concerned that the Ardennes access would have a negative impact on streets like Halpine Road. Katie Mencarini of the Rockville Department of Public Works said that traffic studies showed the Avalon Bay development would actually generate less vehicle trips than the previous office use.

Leiderman, in discussing the lack of rear driveway access for firetrucks, segued into a discussion of a catastrophic fire at another Avalon Bay development in New Jersey. That fire left 1020 residents homeless, and is the subject of ongoing litigation and investigation by authorities, Leiderman noted.

Avalon Bay's Martin Howle acknowledged the January blaze at its Avalon at Edgewater apartments was "clearly a tragedy." New Jersey fire officials blamed that five-alarm inferno partly on the building's "lightweight wood construction," according to NJ.com.

But, Howle asserted, "the building actually performed the way it was supposed to," allowing occupants to escape. He said Avalon Bay has hired safety officers since the fire, and promised their Twinbrook project would have an "upgraded fire suppression system," beyond what current regulations require of developers. "We take these issues very seriously," Howle assured commissioners.

Commissioner David Hill questioned if there would be sufficient parking, were the 2-bedroom unit tenants to have more than 1 car. Sears said the parking-to-units ratio at Twinbrook would be 1.5, higher than the 1.2 average among other Avalon Bay properties. Hill also expressed concern over the lack of employment in the all-residential project. Sears replied that the primary motivation for the 100% residential proposal was that "the community didn't want to see retail in there." She noted that there are many jobs available within short walking distance of the site, most notably at the Department of Health and Human Services site.

Tyner moved to approve the site plan. His motion was seconded by Commissioner Anne Goodman. Commissioners approved the project by a 6-1 vote, with Leiderman dissenting.

The commission held a short discussion of the APFS staff report, but decided to postpone an in-depth conversation due to the early morning hour. Leiderman mentioned that courts have ruled schools are a local concern, meaning that the city could write laws regarding them, even if it doesn’t directly control them. He also suggested there needs to be an adequate public facilities element in the citywide Master Plan the commission is currently working on.

Renderings courtesy Avalon Bay and
SK+I Architecture
All rights reserved

No apologies: Rockville Planning Commission responds to Councilman's query regarding Pike Plan

Rockville Planning Commission
Chair Don Hadley

Rockville Councilmember Tom Moore wrote to the city's Planning Commission to request an update on when the Mayor and Council might expect the Rockville Pike Plan back from that body. That letter was brought up at the commission's last meeting. According to commission chair Don Hadley, Moore expressed a strong interest in receiving the plan in time for the current Mayor and Council to act on it prior to Election Day in November. Should this not happen, Hadley said, Moore implied that the work of residents, staff and elected officials would be wasted.

Commissioner John Tyner noted, jokingly, that Moore "didn’t thank the members of the Planning Commission of our 4 years of work on this project." Overall, none of the commissioners expressed any concurrence with Moore's choice of timing, and several referred to it as an "artificial deadline."

To the idea that any further delay would have wasted time and effort, Commissioner David Hill responded that the commission had taken great time and effort to obtain citizen feedback on the plan, and said "I don’t think that’s a wasted effort in any manner."

Commissioner Jack Leiderman argued that it was the Council majority that overturned the city's Adequate Public Facilities Standards for school overcrowding that was actually to blame for the holdup.

"When the Mayor and Council unilaterally changed the apes standards, it sort of changed the groundwork upon which our plan had been developed," Leiderman said. "We did warn them in advance that it would be disruptive to the planning process for the Mayor and Council to move precipitously in that area. They chose to go ahead and do that."

 "I don’t make any apologies to anyone on the council 

who’s asking why is there a delay, because the council majority

 is actually the cause of the delay."

"I think this commission reserves the right to reassess the plan in light of what now needs to be discussed," Leiderman continued, "because the [Adequate Public Facilities Ordinance] and APFS are repeatedly referred to in the plan. And so I don’t make any apologies to anyone on the council who’s asking why is there a delay, because the council majority is actually the cause of the delay."

After getting feedback from commissioners, Hadley said he would compose a letter representing their thoughts on the matter. "We’re not a political body, we’re not playing politics," Hadley said, stressing that the commission is committed to updating the plan under the new APFS standards in the best interests of residents.

"The easiest way to put it," Tyner suggested, "is that when we’ve completed our deliberations, and have come up with a plan that’s in the best way for the needs of the citizens of all of Rockville, then we’ll send it forward."

Rockville Planning Commission grants schools waiver to hotel converting to senior housing

The Rockville Planning Commission granted a schools waiver from the city's Adequate Public Facilities Standards to the Quality Suites hotel that is converting into senior housing. Located at 1380 Piccard Drive, the 219-room hotel will become a 203-unit senior housing development. No exterior changes are planned for the building.

Commissioner Charles Littlefield expressed concern that the development, while limited to seniors, would impact the city's most overcrowded school, College Gardens ES, if it somehow ever generated any students. Erica Leatham of Ballard Spahr, LLP, the applicant's attorney, said that the only residents under 62 who could live in the building would be caregivers.

One related question to that was, what if sneaky parents try to use the former hotel's address to enroll their kids at College Gardens? Commissioner Jack Leiderman asked if the city could communicate to Montgomery County Public Schools that anyone applying from the address of 1380 Piccard Drive should be rejected by the school system. Staff Liaison Andrew Gunning affirmed that could be done.

Littlefield asked if the applicant intended to operate the housing once it opens. Leatham said it does for the immediate future, but added that it is impossible to speculate about a future transaction a decade down the road.

Commissioner David Hill questioned the demand for senior housing at that location. Leatham said that her own parents had recently applied to the Ingleside senior residence at King Farm, and were told it would be a 5-6 year wait. "There's clearly a pent-up demand," she said. Commissioner Anne Goodman noted that a friend of hers was accepted at Ingleside in only 7 months. Leatham jokingly said she would have to take that up that apparent discrepancy with Ingleside.

Thoughts on the hotel's current parking lot were mixed. Hill felt the opportunity exists to reduce parking in favor of more green space around the building. But Leiderman said that would not be advisable. It turns out there are only 216 parking spaces for the 203 units. That could easily be filled if only 13 residents had two cars. And that does not begin to include parking for caregivers and visitors. If anything, it appears parking would be at a premium.

"I don’t see a lot of seniors who are going to give up driving to live out by 270," Leiderman said, citing the poor access to rapid transit at the site alongside Interstate 270.

Otherwise, commissioners were in agreement on the main points of the waiver request Wednesday night. They voted unanimously to approve the waiver, which required a supermajority for approval. The motion was made by Commissioner John Tyner, and seconded by Goodman.

ROCKVILLE PLANNING COMMISSION SENDS MEMO ON APFS SCHOOL STANDARDS TO MAYOR AND COUNCIL

Ahead of a February 2 discussion and February 9 vote by Rockville's Mayor and Council on the proposed changes to school capacity standards in the city's Adequate Public Facilities Ordinance, the Rockville Planning Commission approved a memo expressing its opinion on the matter. The opinion is advisory to the Mayor and Council, separate from the actual legislation that will be voted upon on February 9. The memo was approved at Wednesday night's meeting.

In discussing the memo's final draft, prepared by Commissioners Charles Littlefield and Anne Goodman, some changes were suggested. Goodman and Commissioner Jack Leiderman agreed that a line proposing the city fully adopt the Montgomery County APFS, if the school standards were changed, should be eliminated. Leiderman said it would be preferable for the Mayor and Council to make changes in that event, rather than require automatic adoption of the County policy in whole.

Chair Don Hadley informed his colleagues that a pending Maryland court case could require delay of the city requesting an "authoritative interpretation" from the state's Attorney General's office on whether the Mayor and Council indeed have the authority to change the APFS. He said an Anne Arundel County case pending before the State Court of Appeals will determine if a jurisdiction can "have laws passed by the legislative body that are inconsistent with the Master Plan."

The case will involve the legal standing of a citizens association to challenge something inconsistent with a Master Plan. And how "inconsistent" is defined, Hadley said.

Hadley advised that requesting an opinion from Attorney General Brian Frosh be put on hold until the court rules in the Anne Arundel case, or else "we'd be asking the AG to get ahead of the court." He suggested the Attorney General could then issue an opinion. Hadley noted that the Attorney General's brief in the case reflects his office's Fall 2014 opinion that has raised the question of whether or not the Mayor and Council have the power to change school standards.

Commissioner John Tyner questioned if Commissioner David Hill's previous concern that the school changes might be unconstitutional should be written in authoritative language, or by stating the commission believes there is a chance it might be. Tyner suggested "may well be unconstitutional" for the language. The commission's "resident expert", Commissioner Dion Trahan, said that the argument wouldn't "hold water," in his professional opinion. Trahan holds a graduate degree in Constitutional law. No clear final language was stated aloud on that point.

Hill moved that the document be adopted and transmitted to the Mayor and Council by today. The memo was unanimously approved by the commission.

ROCKVILLE APFS DISCUSSION AT PLANNING COMMISSION FINDS INCREASING SKEPTICISM OF PROPOSAL

The more Rockville's Planning Commissioners analyze and discuss the proposed changes to school capacity standards in the city's Adequate Public Facilities Ordinance, the less convinced they are of the wisdom in adopting them. Several commissioners have expressed doubt that the proposal to adopt Montgomery County's weaker 120% overcrowding cap - and assess capacity by cluster rather than by individual school - is necessary, viable, or even Constitutional.

"I would actually contend that it’s a violation of your Constitutional rights to equal protection when it comes to public schools," to measure capacity by cluster, Commissioner David Hill argued. Hill found it ironic that many MCPS policies are "based on that specific premise." Adopting the proposed changes would be "incredible. Criminal? Yeah, I suppose, if you violate someone’s Constitutional rights," Hill concluded. The matter is "a question of principle," he said.

Commissioner Jack Leiderman noted that the current language exempting senior housing from traffic standards would allow an automobile-dependent mega-retirement community the size of Leisure World to be built in the City of Rockville, and still be exempt from the standards - an oversight Leiderman described as "mind-numbingly stupid." "I think you have a good logical point about that, it makes sense," Hill concurred.

Leiderman went on to demolish the case that proponents of the changes have made on several points.

"It basically eliminates everything that the city had put into place to more accurately count school demand," he said, removing "the protection that it gave city residents." Alluding to the obvious developer support for the proposal, Leiderman suggested passage of the legislation would be "basically a complete deregulation of the development industry in the city."

Language that would allow extension of queue dates for individual developments was too weak to account for the fact that a developer could always claim that lack of school construction funds from the state of Maryland were an issue. Leiderman predicted developers could exploit that "ad infinitum. The way this is constructed, you’ve got all this language in here that looks like we’re doing something, when in fact we’re not doing squat to protect the schools, or the citizens, if this unfortunate piece of legislation were to pass," Leiderman said. "Eloquently put," Commissioner John Tyner seconded.

Use of the MCPS 5-year test and cluster averaging will be "an elaborate shell game” to cover-up the overcrowding of city schools, Leiderman said. It's the "distorting effect of cluster averaging and the 5-year test" that allows MCPS to currently run schools at 180% capacity, even when it claims a 120% cap exists. Faced with development moratoriums, Leiderman said, MCPS will cite "paper schools" where there will be capacity in 5 years. But it’s a "fictitious school" that never actually gets built, while the proposed development does. Under that scenario, "you’re not even adopting a 120 - you’re not even adopting a 180," Leiderman argued.

Citing City Councilmember Tom Moore's recent grilling of his colleagues who oppose the changes, Leiderman found a double standard on the use of data. "The leading proponent of this legislation was sort of torturing his colleagues recently about their positions not being data-driven, and I had to just laugh out loud. Because this is not only not data-driven, but it’s ignoring the data that we have, which says that the schools that operate under this are in horrible condition," Leiderman recalled. Echoing the argument of Mayor Bridget Newton, Leiderman made the case that the current APFS standards have succeeded in not only protecting Rockville students from overcrowding worse than today's, but have actually resulted in new schools getting built. "We in fact have [new schools] coming online…ahead of a lot of the other areas in the county, despite" the APFO. He said that fact suggests "the impetus behind [changing the APFS] is extraordinarily specious, and unsupported by the data. I wish that the people who are behind this would actually tell us the real reason why they want this to happen."

Tyner implored the city to consider the impact on core facilities at schools, not just classrooms. "Beall no longer has playgrounds anywhere, neither does Twinbrook," Tyner noted. Core facilities are "the things that really determine if kids get a good education or not," Tyner said. "We’re only talking about classrooms."

One other interesting point not often brought up is that tying city standards to the County would leave Rockville bound to any future changes MCPS would make to its current standards, for better or for worse. Senior Assistant City Attorney Marcy Waxman confirmed that would be the case, after Commissioner Charles Littlefield questioned why the language couldn't be simpler in noting that link.

The Mayor and Council are currently scheduled to act on the proposal in early February, and residents can speak on the matter at a public hearing this coming Monday.

ROCKVILLE PLANNING COMMISSION FINDS NO COMPELLING NEED TO CHANGE APFS SCHOOL STANDARDS

The Rockville Planning Commission voted unanimously last night to oppose proposed changes in the city's Adequate Public Facilities Ordinance regarding school capacity standards. Some on the city council are in favor of replacing the current school standards with those used by Montgomery County. The changes would include averaging school populations over a cluster, rather than measuring overcrowding at each individual school, as the current Rockville standard does.

Commission Chair Don Hadley reiterated his previous remarks that the recent legal opinion handed down by Maryland Attorney General Doug Gansler suggests the Mayor and Council lack the authority to change the APFS school standards. Hadley said they and the commission "need to find out what the rules of the road are," before changing the standards. Commissioner John Tyner said the recommendations of the city's APFO Committee a couple of years back - to implement no changes to the Rockville school standards - were forwarded by the Planning Commission to the Mayor and Council. "My opinion has not changed on that," he added.

There was a sense among some commissioners that something fishy is going on, and that the proposed changes are being pushed behind the scenes for an unstated purpose. "I'm fearful something non-transparent is going on that should be made transparent," Commissioner David Hill said. Commissioner Jack Leiderman said the demand for changes is certainly not coming from the city's residents. "Whenever there has been a proposal to weaken the APFO, this room has been filled to capacity" with citizens opposing the change, Leiderman noted. He said the January 5 date for the APFO public hearing - during holiday vacations - appeared to have been "frankly, chosen to minimize" public input.

Hill said he welcomed a "vibrant public debate" on school standards, but agreed that January 5 was not particularly conducive to having one. He reiterated Tyner's point that the commission had already spoken to the school matter by forwarding the committee report to the Mayor and Council. "I am not ready to change" school standards, Hill said. He said other jurisdictions in the state have used Rockville's 2005 APFO standards as a model, and therefore, the authority issue is very appropriate for Gansler to address at this juncture. Commissioner Anne Goodman concurred that the city should get a legal opinion from Gansler before acting on the APFS. "We have a legal uncertainty," Hadley said. "It leaves us in a very tenuous position."

Leiderman suggested the commission go on the public record regarding the controversial January 5 public hearing, and send a formal letter to the Mayor and Council. Hill said he agreed "it's the Planning Commission's place to make a recommendation."

Hill prepared language for a commission resolution that would reiterate the body's support of the 2012 APFO committee recommendations. He said they should emphasize to the Mayor and Council that those recommendations were "the product of a citizen committee that spent many hours" studying the complex issues related to adequate public facilities. Leiderman argued the commission should add one element missing from the committee recommendations, namely, to affirm that 110% of capacity is the maximum allowable in a particular school. He also said that passing the proposed changes would not be a mere alteration of regulations, but a de facto repeal of the APFO - an act that would require a text amendment. Leiderman warned that the county has even considered raising its weaker standard to a higher level of acceptable overcrowding - which would leave Rockville's schools well over the 120% county standard.

Ultimately, the commissioners came to a unanimous recommendation that the Mayor and Council should not change school standards at this time. 

Meanwhile, former mayor Larry Giammo posted a second article on his blog regarding the APFO controversy. Giammo was mayor when the city passed the original ordinance, which several commissioners argued last night is clearly working to prevent further school overcrowding. This latest post is devoted to debunking the stated rationales for loosening school standards in Rockville.

ROCKVILLE PLANNING COMMISSION REJECTS DUBALL PLAN FOR MORE DENSITY, LESS PARKING IN TOWN CENTER

The new building would be
on the site of the parking lot
pictured at upper left

The Rockville Planning Commission is recommending the Mayor and Council reject proposed changes to the second phase of the Duball project in Rockville Town Center. Duball has filed a request to nearly double the number of units in its planned apartment building at 198 E. Montgomery Avenue from 222 to 400, while reducing parking by 25%. The building would rise on the second half of the former city parking lot in front of the Regal Cinemas.

Commissioners were convinced it was too much, too soon for Rockville Town Center. Chair Don Hadley said he would not necessarily oppose the change at a later date, but not at this stage of the town center's development. One central question was whether the nature of the town center has been fully defined or realized yet. It seems to be primarily a dining destination right now, and just how urban it should become - compared to Bethesda, for example - is not yet determined, in Hadley's assessment. Parking is felt to remain a concern in town center, and was the developer's albatross at last night's meeting.

Ultimately, the Commission voted 4-1 to recommend non-approval of the request, with the motion being made by Commissioner Jack Leiderman. Commissioner John Tyner, the lone dissenting member, argued that the increased density would be essential to the commercial viability of Rockville Town Center. Several tenants have vacated, or been evicted from, Rockville Town Square over the last few months. Some have blamed rising rents, while others feel the parking situation is responsible, relative to the free and easy parking offered by nearby competition like Rio/Washingtonian Center.

Duball's phase 1 project is already under construction across from the proposed new building site, featuring The Upton apartments, and a Cambria Suites hotel.

TOWN CENTER II DEVELOPER TAKES "HORSEWHIPPING" FROM ROCKVILLE PLANNING COMMISSION

A request for a parking waiver by JBG entity "Hungerford Retail II, LLC" failed to convince a skeptical Rockville Planning Commission last week, leading the development's attorney to request a deferment of the petition. The project is a 2-story, mixed-use building with office and restaurant space, where a former Giant grocery store was recently demolished. A 41% decrease in parking spaces was requested for the structure, which will include a one-level, below-grade garage.

The waiver request stumbled out of the gate, with the last-minute revelation that the applicant had not apprised nearby residents of the parking changes. A communication from the West End Citizen's Association earlier in the day suggested neighbors were not yet informed of the plan, and requested a postponement of the decision. “It is with some puzzlement that I’ve learned that WECA was not involved, was not notified about this parking waiver," Commissioner Jack Leiderman said. "We did receive a letter from the president of WECA to postpone the waiver. As a commission, we need to slow down and get the input of the community." Commissioner John Tyner concurred, characterizing the applicant's failure to inform WECA in advance as "a strategic error." City planning staff member Cas Chasten said that, while waiver applicants are not required to notify neighbors, city staff had strongly advised them to do so.

Commissioner Dion Trahan was equally concerned about neighborhoods that would be affected by parking changes in East Rockville, such as Lincoln Park. The failure to notify them made the applicant appear "insincere," he said. "Whenever the citizenry talk about these back room deals going on in City Hall, this is what they’re talking about,” Trahan added.

The applicant's attorney, Erica Leatham, said they apologized to WECA and the Planning Commission for the lack of communication.

Another major concern among commissioners was the relevance and accuracy of the parking studies submitted by the applicant, which were designed to support approval of the waiver.

The wheels came entirely off when the applicant's parking consultant, Edward Papazian, was caught off-guard during cross examination by Leiderman.

Papazian had stated that the high volume of parking recorded in a study of Rockville Town Square garages on Thursday, December 12, 2013, was atypical. Demand would be less on the average night, Papazian claimed, because the city's Christmas tree lighting event had inflated the numbers on the 12th.

"Would it surprise you, sir," Leiderman asked, "to learn that the tree lighting event was actually a week before, on Thursday, December 5th?”

"We were there, our people were there," Papazian insisted.

Leiderman begged to differ, citing official transcripts of a Mayor and Council meeting three days before Papazian's claimed tree lighting ceremony.

"It’s a matter of public record," Leiderman said. "I have The Mayor and Council meeting [transcript] of December 9th, [during which] Councilmember [Beryl] Feinberg reported that she attended the Rockville Christmas tree lighting on Thursday, December 5th."

Leiderman said the false information regarding the parking counts called the whole report into question. "I don’t trust your report, with all due respect. If I had more time, what other junk would I find in it?" Leiderman asked. "You’re coming here with this report that’s filled with numbers, and we’re supposed to base important land use decisions on the accuracy of them. You’re attributing [numbers] to something that didn’t even happen, some data that could have just been a routine Thursday night with [it being] hard to park in the city. You’re saying it’s [the tree lighting]. It didn’t happen. So, I’m looking at this report going…”, Leiderman concluded with an expression of disbelief.

Many commissioners, including Chairman Don Hadley, expressed concern that the urban parking concept was out of sync with the reality of Rockville as a suburban city of residential neighborhoods. Using Montgomery County parking studies and practices would put future growth in Rockville on a course more in line with denser areas like White Flint or downtown Bethesda, something the city does not want, Hadley suggested.

"The assumption that this is an urban area…probably misses the mark on what we deem or believe to be the reality in Rockville, now and for the future," Hadley said. "[I]f [people] want an urban area, they can go to New York, Chicago or L.A." Large parking garages may not be preferable to suburban clientele, Hadley said. Most families with children won't ride bikes to the town center, he argued, saying most will "hop in the car." Moreover, between existing transit options, and those on the drawing board, many suburban residents "won’t have public transportation that is desirable for their preferences” anytime soon, he said. Hadley noted that Montgomery County Government's perception of urban is “vastly different” from Rockville’s definition.

Leiderman expressed similar skepticism of the applicant's smart growth predictions. He pointed out that previous town center projects were held to a higher standard than the applicant was proposing for itself. Urbanization proponents, Leiderman said, are "wanting to buy in to the aspirational goal that Rockville will no longer be a suburb, it will be an urban center, and everyone is going to be on a bike, and walking, and 75% of the people working here will use transit…that’s not what the numbers for the Choice Hotels site were based on." Leiderman predicted "people are going to park in the residential neighborhoods,” or take their business elsewhere, if parking is difficult.

Commissioner Charles Littlefield expanded on Leiderman's reference to the impact on businesses, warning that one bad parking experience is enough to send patrons elsewhere to dine and shop. Littlefield cited the free and ample parking at Gaithersburg's Washingtonian Center as a better model. "I’ve never once not been able to find parking” at Washingtonian Center, Littlefield noted. Leiderman said difficulty and inconvenience locating parking would deter customers, "as things get built out, having a harder time finding parking, having to go higher and higher” in the garages, he said.

The idea that customers could park in other garages would be shifting the cost of parking to taxpayers and other adjacent property owners, Leiderman said.

By this point, the applicant had also lost Commissioner David Hill's support. Considering that the applicant had already received significant exemptions on parking for the project, Hill said, "I as a public official can’t countenance making that number bigger. He said Bethesda or White Flint-style development is not what Rockville wants for its future.

"I'm not comfortable passing our responsibility onto the chief of planning," Hill said. "I have no problem with the argument that you qualify for the waiver [but] I would like to see us leave this in a position where we can continue talking."

In addition, Hill felt that the city is facing a larger issue with this and future parking waiver requests, which the city's zoning code is currently unequipped to address. "I think that what we should be doing right now is having a legislative discussion about changing the zoning ordinance," Hill suggested. He also doubted the numbers regarding how many customers would indeed be on-site, as opposed to traveling by car. "You haven’t cleared the very high wall" to justify an exemption, Hill concluded.

With the request obviously heading for rejection, Leatham then asked the commission for a deferral. After some discussion among commissioners as to how citizens could best be heard, and to whether or not it would be best to extend this petition, or require a new one, the commission voted unanimously to defer the waiver request, and leave the public record open.

The applicant was advised to gain public input from residents of nearby neighborhoods before returning. Leatham said there was no guarantee the specifics of the request would change, but that the applicant would gather more data in support of a waiver.

Hadley somewhat jokingly apologized to the applicant's representatives, for having to take a "horsewhipping" during the four-hour meeting.

ROCKVILLE RESIDENTS TELL PLANNING COMMISSION: CURRENT BIKEWAY PLAN WOULD BE "DISASTER"

The president of Regents Square's condo board told Rockville planning commissioners that the draft Bikeway Master Plan would be "a disaster for our community," at last week's public hearing on the document. Joe Covey said his community of 252 townhouses on Azalea Drive, and Nelson Street, were planned with street parking designed to complement off-street lot parking. Woodley Gardens Civic Association President James Reschovsky shared Covey's concern, although both emphasized that their communities are not opposed to improving bike mobility through their neighborhood.

A primary issue is the plan for a .4 mile bike climbing lane on Azalea Drive, that would displace existing street parking. Reschovsky said he did not have the precise number of parking spaces that would be lost, but estimated them as 50-75. "What I can say with confidence," Reschovsky added, is that "the street is totally parked, the off-street parking lots are full [and] there’s already a parking problem now." "50 to 75 is a substantial number of cars," Planning Commissioner Jack Leiderman said, describing the parking elimination as "a major change."

Reschovsky suggested the city examine alternative routes for the new bike connection between Nelson Street and Gude Drive. Pressed by commissioners for specific routes, Reschovsky said it would be inappropriate to speculate, without input from Woodley Gardens residents. He said Crocus Drive and Aster Boulevard would be possible alternatives, but that residents had not had a chance to address that specific question yet.

Montgomery College also expressed opposition to the draft plan's route that passes through its Rockville campus. Don Smith, director of the college's Evening and Weekend Office, and a member of its bike task force, said the college "strongly supports" biking, noting its participation in the Capital Bikeshare program. But "it cannot compromise security by opening the perimeter fence" in the northwest area of the campus, Smith said. "Controlling access is critical to the prevention” of crime on campus, Smith argued. The college "does not endorse" the plan's proposed through-campus route for that reason, Smith said.

The solid opposition of the college to opening the fence needs to be taken into account before passing the draft plan, two commissioners argued. Commissioner John Tyner said the campus is "not to be breached in any place." Leiderman pointed out that, while the city can put any route into the plan, the college cannot be compelled to open its property. To go forward with the college segment as written, would be "exercising futility, to put something in a master plan that cannot be," Leiderman argued.

Proponents of the plan stressed the importance of bike route connectivity both within the city, and to bike infrastructure outside of it. Rockville is already ahead of most in the county in its number and route miles of bike trails. It seems realistic that the goal of more connections could be accomplished while addressing community concerns, such as those expressed at the hearing.

Leiderman moved to hold a second public hearing after the commission holds work sessions, and to keep the public record on the plan open until after that hearing is held. That would ensure the public can comment on finer details not yet known, he said. Tyner agreed, and urged citizens to get involved on the issue. Commissioner David Hill recommended the record close one week following the second hearing. Leiderman and Tyner concurred. Leiderman's amended motion passed unanimously.

ROCKVILLE PLANNING COMMISSIONER QUESTIONS LACK OF DETAIL ON BIKEWAY MASTER PLAN

Can you tell what impact
bike facilities will have
on College Parkway
from this map?

Would you buy a car sight unseen, if the salesman said he could only tell you it was a 4-door sedan? Rockville residents are being asked to comment on the draft update of the Rockville Bikeway Master Plan at a public hearing on April 9. But critical information is missing from the draft, according to Rockville Planning Commissioner Jack Leiderman.

While the document illustrates many common on-road bike facilities, and lists a recommendation for specific roads within Rockville, Leiderman noted that residents have no way to know how the proposals will affect parking, the width of existing travel lanes and other relevant details.

Andrew Gunning, the city's assistant planning director (and staff liaison to the planning commission) said planners hadn't gone into that level of detail at this stage. "I'm requesting it," Leiderman responded. "How am I going to comment" on the plan without knowing the details, he asked.

This situation is virtually identical to that of the recent Montgomery County Transit Corridor Master Plan process. With relatively few details worked out on the specific design and traffic impact of the county's proposed bus rapid transit system, the plan was rammed through by the council, with promises that the details would be known later. But if some of the potential impacts were untenable, why would a citizen allow the BRT Master Plan to pass?

The same applies to the bike plan. Should the plan be approved, it will become the document that can be referenced to justify a wide range of changes to city roads. Once adopted as a master plan, those changes - like BRT - will become "a fait accompli," as Leiderman put it Wednesday night.

"I'm not just going to rubber stamp a list of streets," Leiderman said.

Also at Wednesday night's meeting, Planning Commission Chair Don Hadley discussed his upcoming  appearance before the Mayor and Council at their April 7 meeting. Hadley invited his fellow commissioners to attend, but said he has not yet been informed of the format of the discussion. Commissioner John Tyner somewhat jokingly suggested Hadley review the comments of Councilmember Tom Moore on the topic prior to the evening. Moore was critical of the commission's pace last week.

Leiderman advised Hadley to emphasize the importance of taking time to get the plan right: "Measure twice, saw once," he said.

HADLEY WILL CHAIR ROCKVILLE PLANNING COMMISSION FOR 2014

Rockville Planning Commission Chair Don Hadley was reelected last night to continue in that position for a full term in 2014. Hadley was nominated by Commissioner John Tyner, and his nomination was seconded by Commissioner Jack Leiderman. The nomination was approved by the commission 4-0, with Hadley himself abstaining.

This will be Hadley's first full term as chair of the city's planning body. He was nominated as chair this year, after former Mayor Phyllis Marcuccio declined to reappoint former chair Jerry Callistein to the commission when his term expired. Hadley has been critical of pressures from development interests to urbanize the city as a commissioner, and as a 2013 candidate for the city council.