Montgomery County Council won't put property tax hike question on ballot this fall

Robin Ficker

The Montgomery County Council voted 6-5 on Tuesday to reject a Charter Review Commission proposal that would have made it easier to raise property taxes above the current County Charter limit. This means the proposal will not be put before the voters as a ballot question in November 2024. Currently, under the successful Robin Ficker ballot initiative approved by voters in the past, the Council must vote unanimously to raise property taxes above the charter limit. The CRC proposal, the latest attempt to do an end run around the popular "Ficker Amendment," would have dropped the unanimous vote requirement.

Councilmembers who voted against the CRC proposal were Marilyn Balcombe, Andrew Friedson, Natalie Fani-Gonzalez, Evan Glass, Sidney Katz, and Dawn Luedtke. The Councilmembers who voted for the proposal to remove the unanimous vote requirement were Gabe Albornoz, Will Jawando, Kristin Mink, Laurie-Ann Sayles, and Kate Stewart.

Montgomery County's high property taxes are one of several highly-regressive tax burdens on working families and residents who are on fixed incomes. Along with high property assessments, the annual payments have essentially become a second mortgage for many cash-strapped residents. The Ficker Amendment has provided relief from even-more-nightmarish tax bills since it was passed. That's because, as it is, the Council has raised property taxes on residents every year except for FY-2015.

Nancy Regelin is new chair of Rockville Economic Development, Inc. (REDI) Board of Directors

Rockville Economic Development, Inc. (REDI), a public-private partnership that helps businesses launch, locate, and expand in Rockville, has appointed a new chair of its Board of Directors. Nancy Regelin succeeds Susan Prince, who held the position since 2020. Regelin is a familiar face to those who follow land use and development issues in Rockville and Montgomery County, where she is a real estate law shareholder at the prestigious law firm of Shulman Rogers in Potomac. Among the notable projects she was associated with that fundamentally transformed neighborhoods in the City were the redevelopment of the Rockville Mall, and the development of the Upper Rock District.

“We are honored to welcome Nancy as our new Board Chair and look forward to benefiting from her continued vision and expertise,” REDI CEO, Cindy Rivarde said in a statement yesterday. “I have long considered Rockville as my adopted hometown and am honored to have the opportunity to serve to support economic development efforts so all of Rockville can prosper,” Regelin said.

Regelin has been a member of REDI’s Board since 2010, has served as Vice Chair since 2020, and is the Chair of the Maryland Women’s Business Center Advisory Board. She is also the co-founder of The Power Conference, a women’s business development event.

Construction update on new Wegmans-anchored development in Rockville (Photos)

The opening of the new Wegmans grocery store at B.F. Saul's Twinbrook Quarter development on Rockville Pike at Halpine Road won't take place until sometime next year. But The Milton apartments upstairs in the development's Phase 1 building are now expected to welcome their first residents this fall. The leasing office is now open, and a website for The Milton is now active. Construction workers are finishing the upper level residential interiors, and completing punch lists of required items to meet the requirements for approval by code inspectors from the City of Rockville.

Halpine Road has been resurfaced to eliminate any construction-related scars or damage, with new medians and landscaping. Burial of fiber optic cables will now permit the sidewalks and tree planting to be completed. Speaking of sidewalks, a new multi-use path along Rockville Pike in front of the property is now visible in the photos below. In addition to the new traffic signals at Rockville Pike and newly-created Festival Street, traffic signals will also be installed at the intersection of Halpine and Chapman Avenue. B.F. Saul reports that, despite the recent drought, steady sun and the occasional rain shower have plantings in the central courtyard already growing.

The future Wegmans

Construction advancing on the newest neighborhood in Rockville (Photos)

Construction of the newest residential neighborhood in Rockville is surging ahead. Developer EYA's Farmstead District is taking shape at 2590 Farmstead Drive, off of MD 355, between King Farm and Shady Grove Road. Not only is the neighborhood new, but the land it's being constructed on was only recently officially annexed into the City of Rockville. EYA and a second homebuilder, Pulte, both have sales centers for prospective buyers.

You'll notice the barn-inspired architecture of some of the homes. That's no accident. Many of the design elements are not just influenced by American farm iconography, but by the namesake King Farm farmstead that sits directly adjacent to the Farmstead District. The new development's resident clubhouse will resemble a farmhouse, and a park will be surrounded by white fencing you might have seen on drives along country roads. Something you probably haven't seen along country roads is a subway station: the Shady Grove Metro station within walking distance of the Farmstead District.

New retail development proposed for "impossible" Rockville property

Attempts to redevelop a lucrative but hard-to-access piece of land along Rockville Pike have failed for nearly twenty years. Previous proposals for a furniture store and a shopping center on the former gas station site at 900 Rockville Pike stalled, and ultimately went nowhere. Property owner Danshes, LLC is hoping the third time will be the charm. 

Location of the property

A public hearing by the Mayor and Council will be held tonight, July 8, 2024 at 7:00 PM at Rockville City Hall on a proposed amendment to the approved 2006 furniture store project plan. It proposes a 27' tall retail building in lieu of the furniture store, with 4400-square-feet of retail space, and a surface parking lot at the south end of the property. 33% of the property would be green space, and 15% of that would be "public use space." 

Proposed new retail use and parking lot

Of interest to residents, no restaurant tenants would be permitted in the new development without a change-of-use approval, so the new development would be retail-only. And the "unknown" future tenant will be a single retail business, according to a May 2023 letter from the architecture firm designing the proposed retail center.

One of the major obstacles to redeveloping the property after the closure of the gas station was its location. While it is a prime property on one of the busiest commuter routes in Maryland, it is hemmed in on three sides by Edmonston Drive to the north, by the CSX and Metrorail tracks to the east, and by the Edmonston Crossing development to the south. The Edmonston Crossing property includes a popular strip mall and office building.

Questions of ingress and egress, existing and proposed curb cuts, and liability and congestion issues of a shared curb cut with Edmonston Crossing were all controversial in the past. Forcing Edmonston Crossing to bear the full weight of all of the new traffic in and out of 900 Rockville Pike was an issue for the Edmonston Crossing property owner, and new curb cuts onto the Pike or so close to a bridge and busy intersection on Edmonston were opposed by transportation agencies.

The new proposal once again suggests using the existing curb cut for Edmonston Crossing. According to City planning staff, the owner of Edmonston Crossing continues to oppose the impacts of this vehicular access plan. But City staff are currently arguing that their review of "historical records" leads them to conclude that "drivers visiting the subject property can reach the site from the recorded public access easement, which can be accessed from multiple curb cuts [at Edmonston Crossing] south of the subject site." Those curb cuts further south of the Edmonston Crossing property include ones near Taco Bell and Best Buy. However, those vehicles would still ultimately have to travel through the Edmonston Crossing property to reach the easement.

A 2011 Rockville Planning Commission decision, ordered by the Maryland Court of Special Appeals, approved the use of Edmonston Crossing's curb cuts over the objection of that property's owner. But the development of the furniture store stalled, and that approval expired.

Jim Whalen of Edmonston Properties LLC and Investment Properties, Inc., the owner of Edmonston Crossing, continues to dispute the view of the applicant and City staff regarding the public access easement. Whalen "argues that a narrow strip of private property separates the public right of way from the public access easement at the northernmost curb cut, granting him the right to exclude visitors to the subject property [900 Rockville Pike] from using that curb cut." the staff report states. In contrast, City staff have countered that the public access easement was a part of previous development approvals dating back more than 50 years.

How did the previous gas station business at 900 Rockville Pike operate with regard to access, you might ask. It had two curb cuts, one onto the Pike, and one onto Edmonston Drive. The two curb cuts that directly access the property have ceased to be viable since that business closed. 

A curb cut on Edmonston Drive was
closed off over a decade ago

A previous curb cut onto Edmonston was ordered closed by transportation officials in the past, the staff report indicates. And the Maryland State Highway Administration has said that the existing curb cut along Rockville Pike is too dangerous, because it is accessible from a right-turn lane on the Pike, and therefore recommends the use of the proposed public access easement instead. It's unclear how that existing right to direct Pike access is not grandfathered in for 900 Rockville Pike, with the result that SHA forces a dispute with the Edmonston Crossing property owner.

This curb cut along the Rockville Pike side of
the property remains in place, but the MDSHA
doesn't want the new development to use it

Access is not the only transportation-related challenge for the 900 Rockville Pike site. The new retail use proposed is smaller than the one proposed in 2016. Part of the reason for the approximately 2000-3000 fewer SF of the new project is the taking of more of the MD 355 right-of-way for a future Bus Rapid Transit line that would pass by the property.

Staff are recommending approval of the plan amendment, but have attached a list of 21 conditions that it suggests the Mayor and Council mandate for release of the required permits for the project. These include closure of the Rockville Pike curb cut, limiting of all trash or service vehicles to "SU-30 equivalent or smaller" trucks, compliance with all provisions of the WMATA right-of-way and easement requirements at the rear of the property, and termination of any existing City of Rockville right-of-way easements (likely for the service road that was for decades envisioned to one day run alongside the Pike between Twinbrook Parkway and Dodge Street; several segments of this were constructed, but the vision was abandoned in the latest Rockville Pike Plan).

If the Mayor and Council direct City staff to prepare a resolution of approval for the amendment at the conclusion of tonight's public hearing and meeting, they would likely vote on the resolution at their August 5 meeting. Should they not give such instruction to staff, the amendment would be placed on the August 5 agenda for further discussion, postponing any such vote until September 30.

Can the applicant pull it off this time, and successfully redevelop a prime site that at least one Rockville real estate observer declared an "impossible property" after previous attempts fizzled out? Will the owner of Edmonston Crossing take legal action to defend his rights and interests, if the Mayor and Council accept staff's analysis of the access easement and approve the amendment? Stay tuned!

New public art installed at Rockville Town Square (Photos)

When life gives you a failing town center, make art. That's just what the City of Rockville and property owner Morguard have done with a large storefront that has been vacant for a painfully-long time at Rockville Town Square. The windows of what was to be HalfSmoke at 36-A Maryland Avenue are now hosting a new public art installation. "The LOVE Mural" was painted by artist Lisa Marie Thalhammer with assistance from members of the community during this month's Rockville Pride event.

"Together, we are painting this world a rainbow," a plaque near the mural states. "'The LOVE Mural' project honors the beautiful diversity of our world and connects us through the power of public art creation. Through love we can come together and solve our world's most challenging issues, empowering us to listen and value each other. By painting LOVE we celebrate each other and amplify positive energy authentically around the world, elevating respect and equity for all beings."

Walnut Hill Shopping Center makeover nearly complete (Photos)

The cosmetic upgrades at the Walnut Hill Shopping Center at 16529 S. Frederick Avenue in Gaithersburg are entering the home stretch. New facades and logo signage for storefronts are the most obvious updates. Resurfacing and restriping of the center's parking lot is underway. The updated appearance was a requirement by Aldi to agree to become the property's new anchor retail tenant. Still to come are new monument and wayfaring signage, and the eventual construction of a Sheetz convenience store and mega gas station.

Rockville shopping center owner says plan to redevelop with 760 apts. is a 20-year-vision

The owner of Pike Center at 12137 Rockville Pike gave an overview of the plan to redevelop the shopping center with 760 apartments with ground floor retail last night, but stressed that this is the company's vision for the future, and predicted no demolition or construction would begin until five to seven years from now. Real estate investment trust Kimco Realty of Jericho, New York was founded in 1958, but only acquired Pike Center at the end of 2021, when it obtained the previous owner's portfolio of properties. Greg Reed, VP of Development for Kimco, said the company has new dining tenants in the works for the short term, and already holds a permit for 15,000-square-feet of fit-out construction related to those from Montgomery County. That includes Luna Hall, which will be a multi-tenant food hall, and celebrity chef Jose Garces' Buena Onda Baja Taqueria.

Kimco representatives emphasized that the company holds its properties for the long-term, and doesn't redevelop them to flip in a sale. That's one reason that the residential buildings constructed in the future are expected to be apartments, not condos, as Kimco wants to retain control as sole owner. Last night's meeting was not required, as the company is not filing immediate plans with Montgomery County. When each phase of the redevelopment moves forward in the future, community meetings will be held for public input. 

The Phase 1 building, which is likely to be the one on the south end of the property along Bou Avenue, is expected to be anchored by a grocery tenant. Interior streets, sidepaths along the exterior property lines, and a half-acre park would be constructed. 15% of the apartments would be Moderately-Priced Dwelling Units (MPDUs), the minimum affordable housing required by Montgomery County. The site is in unincorporated Rockville, and is within a half-mile of the Twinbrook Metro station.

One concern expressed at last night's meeting was the fate of the current Shell station. A member of the family who owns the gas station asked what will happen when the Phase 2 building - which currently includes the Shell site - is constructed. Kimco expects to allow tenants at the center who hold leases up to nine years to run those out. The Shell owner asked if the gas station could be part of the new development, and was told that nothing is set in stone yet about the future plans.

Renderings courtesy Kimco Realty