Rockville Police readying body camera policy

Rockville Police will soon be wearing body cameras, and that requires not only getting the technology and equipment in place, but also a policy to address privacy concerns such as how long footage will be stored. Chief Terry Treschuk told the Mayor and Council last night that he has been working on both aspects of the program.

Treschuk said one server will support and store video files from all of the cameras in use. He examined body camera footage storage policies from police departments across the country, as well as locally. Montgomery County, which already has begun using body cameras, has a 120-day storage policy. After study and consideration, Treschuk said he is recommending a 90-day storage time for the archiving of video taken by Rockville Police body cameras.

Councilmember Julie Palakovich Carr asked if citizens and the Mayor and Council will be kept apprised of the final policy, such as when body cameras will be on or off. Treschuk said he would ensure everyone is kept informed as the policy and cameras are implemented.

Photo courtesy City of Rockville

Rockville Pike Plan transmitted to Mayor and Council, public hearings set for April 11, May 16

The Rockville Pike Plan was officially transmitted to the Mayor and Council at last night's meeting. Planning Commission Chair Charles Littlefield was there in person, as the plan process reaches its conclusion with two public hearings, worksessions and adoption.

Public hearing dates were set by the Mayor and Council for April 11 and May 16. Yesterday's transmittal triggers a 90-day review period for the plan. Should the Mayor and Council ignore the plan for 90 days without adopting it, it would either take effect as is, or the City could grant itself one extension if it can demonstrate a good-faith effort to complete it.

Caregiver grants, cell tower revenue among Rockville budget concerns

Rockville's FY-2017 budget will increase spending by 2.2% to $126.1 million dollars, but property taxes will remain the same, under recommendations by the City's finance department. Deputy Director of Finance Stacey Webster presented the budget at last night's Mayor and Council meeting.

Savings were found in many areas, Webster reported, such as in taking advantage of lower fuel prices. Other costs have gone up, including the amount needed to cover new vehicle purchases across many departments. The City is also facing a major fiscal challenge in the Supreme Court's decision in the Wynne case, which will result in less revenue coming from the state to Rockville.

Expanded programming at the Twinbrook Community Center and Rockville Senior Center, upgrades at the Swim Center, and design improvements for the Croydon Creek Trail are among the expenditures that residents will notice the most. Rockville taxpayers will also face greater burdens as a result of Montgomery County's increase in the minimum wage. Public funds of $43,250 and $50,000 for temporary employees in refuse collection and Recreation and Parks, respectively, show that County wage boost has required greater public spending.

Councilmembers Mark Pierzchala and Beryl Feinberg raised concerns over the cost of caregivers funded by the City. Not all who receive City funding are keeping adequate records, Pierzchala noted, and he suggested that for next year they should be warned that such failure may result in termination of City funding.

Mayor Bridget Donnell Newton asked Webster and Finance Director Gavin Cohen if cell tower revenue from towers at a water tank and RedGate golf course currently going into the general fund could be moved back to the enterprise funds they were meant to support. Webster said RedGate is in good financial shape, but she and Cohen said the potential of reverting the funds could be explored.

One new factor this year is that the County is demanding the City pay its property taxes much earlier. Originally, they asked to receive them by May 13, but Webster was able to obtain an extension until May 17, the day after the Mayor and Council are expected to adopt the final budget.

Public hearings on the budget will be held on March 21, April 4, and April 18, 2016.

Rockville construction update: Floyd's 99 Barbershop at The Galvan (Photos)

"The original rock and roll barbershop" looks just about ready to go at Galvan at Twinbrook, JBG's new development at 1801 Chapman Avenue (but which fronts directly onto Rockville Pike).

Floyd's 99 Barbershop has rock paraphernalia covering its walls, but probably won't have plastic wrap covering its barber stools much longer. Traditionalists will be glad to know they still have a classic barber pole out front.

Rockville construction update: Duck Donuts (Photos)

Duck Donuts is preparing for a mid-to-late March opening at the Sunshine Square shopping center on Rockville Pike. They are in the space that used to be occupied by the Entenmann's store, at 1327 Rockville Pike. As you can see, the signs are lit.

Residents lambaste Chestnut Lodge plan, CarMax-site project site plan approved

Historic Chestnut Lodge

The Rockville Planning Commission may have set a new record for meeting length last night, starting at 6:15 PM, and wrapping up as the 2:00 AM hour approached. Commissioners spent about 4 hours on the controversial proposal to build 7 townhomes on the former site of Chestnut Lodge, once a hotel and world-renowned mental health facility.

Around a dozen residents came to testify at a public hearing on Chestnut Lodge, with even more sitting in solidarity in the audience. Among them were two Rockville mayors, past (Larry Giammo) and present (Bridget Donnell Newton). Before they could speak, staff and the applicant gave presentations, and were cross-examined by commissioners.

Despite getting a favorable recommendation for approval from city staff, JNP Chestnut Lodge, LLC, brought its own historic preservation consultant, Kathryn Kuranda. She strongly endorsed the developer's plan for townhomes, and said the community desire to instead rebuild Chestnut Lodge - which burned down in what many suspect was an arson incident in 2009 - was misguided and impossible.

Kuranda said the papers that contain the necessary design and architectural records were in the basement of the former mental health facility, and were lost. Commissioners and speakers alike were skeptical of Kuranda's assertions, deeming them as merely her opinion on a matter whose options haven't been fully explored.

In response to threats by the applicant and City staff that failing to approve the plan would result in punishment of Rockville by the federal government, Commissioner Jack Leiderman scoffed at the possibility that "jackbooted thugs from the Department of the Interior would show up to pull the plug on funding" for the City over a minor planning decision.

Leiderman noted that the historic preservation group Peerless Rockville had furnished a list of many more options for the Chestnut Lodge site than the commission had received from the applicant or staff. All that's needed, Leiderman said, and all that was approved in the original project plan, were the exterior and footprint. Sufficient records exist, and were utilized by architects in the lengthy planning stage, to reconstruct the lodge to that extent, he said.

Commissioner Don Hadley quizzed Kuranda about those "records," asking if they had been protected or archived. Kuranda said they had not.

Nancy Pickard of Peerless Rockville, which owns the historic Frieda's Cottage on the Chestnut Lodge site, said she believes three City documents clearly call for preservation of the landscape and/or reconstruction of the lodge. Peerless believes the Planning Commission has the purview and responsibility to decide the outcome of this case, she said.

Pickard told commissioners that the contemporary building proposed by the applicant threatens the historic value of the site. She said that a reconstructed replica would better protect the site's status, as long as it was clearly labeled as "a contemporary recreation." Pickard noted that new buildings are discouraged in the West Montgomery Avenue Historic District, as well as "uses that are incongruent" with historical uses and character. She said the proposed building is more horizontal than the vertical-oriented Chestnut Lodge, which would alter the historic viewshed from W. Montgomery Avenue, and from backyards of nearby homes. "We are not taking a singular position on what needs to happen here," Pickard said, but added that she agreed that historical restoration in this type of case is typically always about the exterior of a building.

Hadley asked Pickard how the applicant's plan might impact the historical integrity of the larger Chestnut Lodge property. "It could call it into question," she replied. "You have to be careful about what you build here."

A representative of the Thirty Oaks HOA said his adjacent community would be stuck "looking at the 14 garage doors staring at our backyards." "Why suddenly...it's larger than what we had," he complained. "Why do we have to change the rules to satisfy the developer? It's all about maximizing profits. Not a single time has anyone approached us to get our opinion about it."

Another nearby resident, Marion Hull, requested commissioners "not recommend approval" of the application. She said someone needs to be held accountable for the failure to protect the Chestnut Lodge property and records. Holding up a high-resolution photo, she said enough detail was visible in it to recreate the lodge exterior.

Patricia Woodward, chair of the West End Citizens Association Chestnut Lodge Committee and a former head nurse at Chestnut Lodge, emphasized the history and impact of the work that was done there on the mental health field internationally. Many employees there went on to acclaimed careers at other facilities and learning institutions, she said, even as Chestnut Lodge itself "became the most notable mental health institution in the world." In fact, as recently as 1994-96, Chestnut Lodge remained in the top tier of U.S. News and World Report's annual list of the best mental health facilities. And Chestnut Lodge was the basis for the novel, I Never Promised You a Rose Garden.

"There's too much history here to be disregarded," Woodward concluded.

Former mayor Giammo concurred, saying Chestnut Lodge was the most historic property in the city before its demise. Giammo was the mayor when the property was designated historic, and when the City forged the Planned Residential Unit (PRU) agreement with the developer at that time. Last night, he said he was proud of his votes on both.

Giammo again criticized the developer who failed to secure the site in 2009, even as repeated break-ins occurred at the main building. He accused the developer of "willful negligence," recalling a pompous TV appearance by the principal of the firm, in which he appeared to mock the idea of security.

"There he is in a room full of shredded paper and flammables, joking about intruders," Giammo recounted. The former mayor pointed out that even lesser buildings on the site have been recognized as worthy of restoration. He said there absolutely is enough visual material from which a reconstruction of the exterior would be possible. Computer programs today, he added, can generate architectural measurements and data from photographs.

To the question of whether or not the applicant's townhomes would be appropriate for the site, Giammo said the answer was "a definitive no."  Leiderman asked Giammo what his reaction to this proposal would have been if it had been brought forward during his time as mayor. "It would have been a non-starter from the first millisecond," Giammo replied, adding, "God help us what this is going to look like when it's constructed."

Noreen Bryan, President of the West End Citizens Association, told commissioners there is widespread community opposition to townhomes on this site, because they don't recreate the historic feel of the site.
"Why wasn't the question of reconstruction considered by the applicant?" she asked. Bryan said a
WECA resolution calls on the City to develop a vision for the site in consultation with citizens.

Another HOA president, Paul Newman of Thirty Oaks, said he was speaking for himself only last night. He said any claim that there are no plans available from which to recreate Chestnut Lodge are "ridiculous" and "disingenuous." The applicant's plan would "obliterate" the property's signature traffic circle, and take up more of the lawn rather preserving it. Trees the developer promised to care for "are dying," Newman reported. "Why should anything change" from the original PRU, he asked the commission.

"It was far more important than simply a local landmark," resident Andrew Sellman told the commission. "Is it properly designated? Maybe it's a national historic site, and we need to consider that." Sellman said his research revealed that psychiatric papers as recent as 2014 are still citing work that was done at Chestnut Lodge. Chestnut Lodge ended the idea of "insane asylums," he said.

Historian Eileen McGuckian said the property is already on the National Register of Historic Places. "I still find it painful to visit the vacant site," she said.

McGuckian advised the commission that the City indeed has Chestnut Lodge plans from two different consulting firms, and numerous photographs. Any new structure should have four sides, and a common entrance, she said. The current proposal is "out of character" with the historic site. McGuckian suggested Forest Glen as a good model, where a historic gymnasium was converted into 12 condos. She said she was in the basement of Chestnut Lodge, and made a four-page list of all of the documents down there.

Reminding commissioners that the only reason this single-family home-zoned site got higher density was to save the main building at Chestnut Lodge, resident Jeanne O'Meara said, "We sold our soul" to keep the main building, she said.

Two residents of the single-family homes in the Chestnut Lodge development spoke in favor of the townhome plan, saying they are currently on the hook for the high maintenance costs for the common areas, and would like new residents who could take on their share of those expenses. They also said they fear a lesser plan could be put forward in the future that would make this one look good by comparison.

Newton spoke as a citizen, rather than as the Mayor, and reminded the Chestnut Lodge residents that condo owners in a reconstructed main building could contribute financially just as well as townhome owners.

After the public hearing ended, Leiderman made a motion to recommend the Mayor and Council not approve the amendment to the PRU requested by the applicant. His motion was seconded by Commissioner John Tyner.

Nobody gets a PRU amendment "by right," Leiderman said. The developer knew going in that purchasing land with that requirement was risky, he added. Multifamily zoning was offered "solely for the purpose of preserving that building," Leiderman continued, noting that with the building destroyed, there is now no rationale for multifamily zoning. The fact that the applicant's latest proposal exceeds the original footprint of the main building is a violation of the PRU, he said.

The townhouse plan "obviously does not fit in any way, shape or form" on the Chestnut Lodge site, Leiderman said. This proposal is "not even remotely appropriate to this site. To most people who look at this objectively, it's a no brainer."

Tyner concurred. "I just think it's not appropriate in this area," he said. "It's a very, very historic part of Rockville. It's an area we're extremely proud of." Hadley said it would be "irresponsible" to recommend approval of the plan last night, without exploring the other options for the site first.

Chair Charles Littlefield called the vote, and Leiderman's motion to not recommend approval passed unanimously.

Later, the commission also unanimously approved the site plan for the former CarMax dealership at 15931 Frederick Road, by the Shady Grove Metro station. A residential project, it will house 405 units. Commissioners again expressed strong reservations about the project's lack of retail space.

A waiver to allow underground installation of electrical transformers passed 4-2.

Photo courtesy City of Rockville

Rockville construction update: It'Sugar (Photos)

Work continues inside the future It'sugar candy boutique at Rockville Town Square. You'll noticed the exterior signage has been added. One of several candy shops opening across Montgomery County in recent times, It'sugar is scheduled to open this spring.

Rockville funeral home to get new life - as retail (Photos)

The Danzansky-Goldberg Memorial Chapel has been a fixture at 1170 Rockville Pike, but closed in December. It hasn't moved far at all, merging with another local name, Sagel Bloomfield, in a new facility directly across the street in the Talbott Center.

Interestingly, the new facility doesn't have a chapel at all, relying on either services at local synagogues or graveside services.

Musicians like me will remember the left side of this retail center as Veneman Music, or "Veneman's." That store eventually moved to Twinbrook Parkway, and eventually was replaced by Guitar Center. Now it is occupied by Bassett Furniture, and the facade is totally different.

Now the funeral home side of the building is getting a full renovation, and will be marketed for lease as several retail units by KLNB Retail. Work appears to be getting started, and here are some renderings of what the new storefronts - on three levels - will look like.

Renderings courtesy KLNB Retail
All rights reserved

Rockville construction update: Finnegan's Wake Irish Pub (Photos)

Work continues inside Finnegan's Wake, the new Irish pub coming to Rockville Town Square. The pub's hours and logo are now stenciled on the window. There are now 10 days to go until St. Patrick's Day...

Other shoe(s) dropping at Rockville City Hall? Executive session set for Monday night

Amidst swirling rumors of the pending departure of several high-ranking City of Rockville employees, an updated Mayor & Council agenda shows another Executive Session scheduled for Monday night, March 7, at 6:30 PM.

According to the agenda item, they will discuss "the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of the Acting City Clerk and City Attorney."

The Mayor and Council let City Manager Barbara Matthews go last week, following a series of similar closed sessions.

Photo courtesy City of Rockville

Celebrate National Italian Cold Cut Day at Mamma Lucia in Rockville today

Today is National Italian Cold Cut Day. Celebrate at Mamma Lucia all day, with a $4.99 special: Cold Cut sandwich with french fries. Choose from your choice of toppings. The offer applies to dine-in, carryout and delivery customers. There are two Mamma Lucia locations in Rockville:

Fallsgrove Village Center

14921-J Shady Grove Rd. 

Rockville Federal Plaza

12274-M Rockville Pike

Final Rockville 2040 listening session March 8 in Rockshire

The last of a preliminary set of listening sessions for citizen input on how the City of Rockville should grow over the next few decades will be held on Tuesday, March 8, 2016. It will begin at 7:30 PM, at the Korean Presbyterian Church at 800 Hurley Avenue in the Rockshire neighborhood.

Parking at the church is limited, but there is additional parking at the adjacent Rockshire Village Center. That center is sure to be a major part of the discussion. The Giant Food store vacated, and new tenants are needed. A developer has interest in replacing the center with townhomes, which seems at odds with the planning principles espoused today regarding having walkable communities, including retail within walking distance. Ironically, Rockshire has had just that since 1978, until things went south at the center in recent years.

A new citizen group has formed to represent resident voices in the debate over the fate of this shopping center. Concerned Citizens for Rockshire Center includes former City Councilmember Bob Wright.

Future of Rockville's David Scull Courts central in Southlawn industrial area discussion

Consultant's plan to improve
sidewalk connectivity in Southlawn
by filling gaps, repairing and
extending existing sidewalks

The future of the David Scull Courts, a 105-unit public housing complex operated by Rockville Housing Enterprises, generated the most detailed discussion at last night's Mayor and Council meeting as a consultant presented final recommendations for the Southlawn Industrial Area Study. If you read my previous article, the recommendations in the final report will sound pretty familiar.

Consultant Paul Moyer of VHB discussed the findings of the months-long study, which gathered input from residents of neighborhoods abutting the industrial area, industrial business owners, and industrial landowners. Combined with analysis by VHB, BAE Urban Economics, and Schnabel Engineering Consultants, the report makes short and long term suggestions for how the City might better improve the industrial area and integrate it better with the nearby residential homes.

Adding new sidewalks (or replacing damaged ones that already exist), placing new restrictions on cut-through traffic on N. Horners Lane, creating a business organization to advocate for the industrial area, improving pedestrian safety, making changes in parking policies (such as disallowing truck parking on 1st Street at David Scull Courts), and facilitating new businesses like gyms or breweries were among the relatively affordable and timely changes proposed.

Proposal to reduce cut-through
truck traffic by severing road
links from Gude Drive to the
residential neighborhood

More challenging and expensive long-term suggestions included cutting off road access between the industrial area and residential streets by disconnecting Dover Road and Southlawn Lane from Horners, allowing some new residential development with a buffer zone to the industrial uses, and rezoning David Scull Courts from industrial to residential.

That last suggestion was among the most-discussed at last night's meeting.

During the Community Forum earlier in the meeting, Melissa McKenna, Vice-President of Advocacy for Maryvale Elementary School's PTA, asked the Mayor and Council to rezone David Scull Courts as residential. Attorney Bob Harris, representing several industrial properties within Southlawn, argued it should remain industrial.

Mayor Bridget Donnell Newton asked everyone to consider an ambitious third option - moving the existing residents of David Scull to a future, new development at an unspecified site closer to the town center. This would give them better access to transit and to the retail, restaurants and events of town center, while opening up the David Scull site for redevelopment. David Scull Courts is currently fully-leased, according to apartment search websites.

Other topics included the aforementioned parking at David Scull Courts. Councilmember Virginia Onley noted that the current truck parking can make the street intimidating for people walking alone at night. She urged the City to discuss making a parking policy change there as soon as feasible. Councilmember Beryl Feinberg asked if lighting there could be improved as well, noting that such improvements can help increase both safety, and the perception of safety.

Councilmember Julie Palakovich Carr asked what type of housing would be appropriate for this area. Moyer said his firm mainly considered townhomes and garden apartments as the best fit for the low-density neighborhood. Her colleague Mark Pierzchala recalled that when he walked every street in the City, he was struck by the idea that Rockville should annex additional land in the Southlawn area to get better control of its future. He noted that basic fixes like cleaning up litter and repairing broken pavement with weeds growing out of it could by themselves make the area more inviting.

Rockville searching for new City Manager as Matthews departs

A change on the City of Rockville website this morning now describes Public Works Director Craig Simoneau as Acting City Manager. Barbara Matthews is no longer City Manager, and a search for a new one is underway.

This was almost a total surprise, except you may recall the Mayor and Council went into Executive Session last week to discuss issues pertaining to the City Manager position.

Rockville construction update: Finnegan's Wake (Photos)

Can Finnegan's Wake open at Rockville Town Square in time for St. Patrick's Day? The suspense is killing me.

Rockville town center merchants, landowners differ on parking issues

Most people can agree that Rockville's town center is probably not known in the region as the most pleasant, easiest and cheapest place to park. But how to solve that problem - or the perception of it - isn't as as easy to agree upon. A special Mayor and Council worksession last night brought stakeholders together for an open conversation on the topic.

"There is no such thing as free parking," a representative of Rockville Town Square owner Federal Realty said. Lighting, maintenance and ground lease payments are just a few of the expenses involved in providing parking, he explained. He described the current parking policy at RTS as a "very generous first two hour validation program," taken advantage of by 80% of garage patrons. That is "effectively, free parking," he added.

However, many competing lifestyle centers in the County are offering parking that is literally free parking, much to the chagrin of businesses in the town center. And, yes, there is validation, but you usually have to buy something in order to get it, which means it is not "free." 

In contrast, Federal Realty's Pike & Rose development gives you the two hours free without needing a validation. Downtown Bethesda, as unpleasant as parking is there, provides free parking in Montgomery County garages on weekends. Rockville Town Square doesn't. And Rio/Washingtonian Center and Downtown Crown provide the best deal of all: free parking all day, every day.

But becoming more competitive is easy or challenging, depending upon who you ask.

Federal Realty pointed out that fees alone rarely cover the full cost of parking for a property owner. "What we don't collect," the representative said, "is essentially paid for by the leaseholders themselves." Changing parking policies requires a lot of research, and a long-term commitment to that new policy, he warned.

Mellow Mushroom's Danny Trahan offered a simpler solution. Trahan, who lives in Virginia, said the evolution of parking policies at Reston Town Center are very instructive for Rockville's parking dilemma. Reston originally had free parking, he said, until the policy was abused by Metro commuters. When Reston Town Center then instituted paid parking, business declined severely, he recalled.

Reston then changed to charging for parking only between 4:00-10:00 AM. The result? Business was "booming again," Trahan recounted. Taking into account the daytime demand for parking related to local government and the courthouse, Trahan suggested implementing a Reston-type policy, but charging until 4:00 PM on weekdays. After that, and all day on weekends, parking would be free. 

"Heavily market that" on Facebook and in newspaper ads, Trahan advised. In response to Federal Realty's concern about the reality of parking costs, Trahan predicted that under his suggested policy, the firm would recoup "millions of dollars of revenue you guys are losing." 

Trahan also proposed that Federal Realty allow merchants to advertise in the garages, to generate revenue to cover parking costs. He offered to buy a Mellow Mushroom sign and install it in the garage. Another novel idea Trahan threw out at the meeting was to relocate the library, and fill its space with more retail to activate the square at all hours.

"We're at a competitive disadvantage on Saturdays," a Regal Row merchant said. And a former draw at lunchtime on Wednesdays, the farmers market and live music, has been lost to Dawson's Market during the construction of the Duball project across the street. A representative of neighboring CremCafe said that the loss of the surface lot the Duball project was built on has made it harder to hire workers. They can't afford the price of parking, and "not everyone is using the Metro," he said. The owner of Ben & Jerry's said "customer counts plummeted" during the Duball construction, and today are "not nearly as much as they were prior to construction."

Scott Feldman of the legendary Giuseppe's Pizza on Regal Row told the Mayor and Council that some of his longtime customers "don't come in anymore" after finding a "$40 ticket on their windshield." Or, as one of his customers termed it, "that little surprise we had waiting when we got outside." Combine that with competition that can offer free parking, and Rockville town center businesses suffer as a result. "The problem is," Feldman said, local consumers "have too many other choices." Read the pizzeria's Yelp page, and you'll find that when customers aren't raving about the pizza, they're warning that "parking is a ***** during business hours."

Regal Cinemas has been hit as hard as anybody - and not for a lack of trying. The cineplex recently renovated its auditoriums, adding reclining seats. Ordinarily, a representative of the theater said, adding recliners would initially boost sales by 50-60%. In Rockville, the fancy chairs have only generated a 20% increase in business, he said, "something that is concerning." He also said that the theater had to end its free family matinee screenings, because "nobody wants to pay $12 to see a free movie."

But the perception of parking problems may be killing business as much as the practical experience of parking. "I hate to come into downtown Rockville. I can never find a place to park," Rockville Chamber of Commerce board member Brian Barkley said friends often tell him. Barkley said it's actually not that hard to find parking if, like him, you know where it is. He recommended better wayfinding to address that issue.

That still doesn't solve the cost issue, though. "You can't have everybody around you with free parking on the weekends, and you don't have it," Barkley said.

A town center merchant who lives in Potomac said "nobody in my neighborhood comes here," they go to downtown Bethesda instead. And a representative of VisArts said Rockville town center "has a reputation that it's not a friendly place to go. You have to pay for parking."

"If [merchants] want to have free parking, they can have free parking, It's just a matter of paying us," Duball, LLC president and principal Marc Dubick said of his garage in the Upton/Cambria Hotel and Suites building he developed. Echoing Federal Realty's accounting concerns, Dubick noted that "we have lenders, and we have to pay our obligations." He also noted that his garage is only 17% occupied on Friday nights currently. 

That could change when World of Beer opens, though.

World of Beer to open in mid-April in Rockville

World of Beer, the new tavern coming to the Upton apartment building in Rockville town center, is targeting a mid-April opening, Marc Dubick, Principal and President of Duball, LLC, said last night. The business is promising the miracle of offering 500 beers, and operating 50 taps, under the arcane Montgomery County liquor monopoly rules. Can't wait to see them pull this off.

Another opening on the horizon is Panera Bread, which Dubick says could be ready to go in about 45 days. Like World of Beer, it is currently under construction on the Cambria Hotel & Suites side of the building.

Should Rockville's single-family neighborhoods be rezoned for multi-family housing?

Historic map of Rockville
town center

A well-written land use briefing presented to the Rockville Planning Commission last night contained a high level of detail, and fascinating data and graphics related to the City past and present. It is a must-read for any citizen or official engaged in the current update of the citywide master plan. The presentation also brought up a highly-controversial idea that I cannot find in the text of the report, however.

Referring to the large lot sizes in Rockville's older residential neighborhoods, and the rising cost of housing, planner Barry Gore suggested one change the Planning Commission might consider is to allow multi-family zoning (i.e. duplexes) in existing single-family home communities. Importantly, he was not formally recommending such a change, but only floating it as one of many ideas the commission might want to consider in their discussion of the new master plan.

Such a concept caused a meltdown in Seattle last summer, when a Seattle Times columnist brought backroom zoning negotiations to public attention. There, a "citizen" committee was about to recommend doing away entirely with single-family zoning.

“We can still be a city for everyone, but only if we give up our outdated ideal of every family living in their own home on a 5,000 square foot lot,” the Seattle committee's co-chairs wrote. The Seattle committee also detoured into the decidedly-out-of-left-field talking points we're hearing now from the Montgomery County Planning Board under its current membership and leadership - namely, blaming the concept of single-family housing for "racial and class exclusion." Okay. They might want to tour the diverse neighborhoods of Rockville sometime.

The Seattle committee also endorsed the idea that existing residential neighborhoods should be transformed into multi-family zones "that would allow duplexes, triplexes, rooming houses and more backyard cottages and mother-in-law units in areas now dominated by single houses on lots with yards."

Of course, such concepts were not coming from "citizens," but rather, developers and the politicians they fund behind the scenes. In fact, a former staff member of Montgomery County Councilmember George Leventhal advocated the radical idea of turning large homes in the County into group homes and boarding houses. Since such an outcome would likely require a Mao-like relocation of elites in Potomac and Burning Tree, one wonders how this would be possible. I'm assuming this wasn't an April Fool's post. But it gives you a sense of what these type of politicians have in mind for the quality of life and preservation of existing neighborhoods. Remember, in July 2013, Leventhal declared suburbs were "a mistake."

I bring this idea of re-subdividing and re-zoning single-family home neighborhoods to your attention because not only is difficult for people to attend or watch every meeting, but also this idea is not prominent in the report. Residents should be aware that this is something being put on the table with many other ideas.

It should be noted that only 34% of land in Rockville is occupied by single-family homes, compared to Seattle's 65%. So Rockville is hardly in need of a suburban diet.

One factor cited by both the Rockville report and Seattle's effort is the false argument that massive numbers of new residents are on their way to town, and we are obligated to house them. And citizens must be willing to "change" or "modify" their behavior for this greater human good, such as "getting out of their cars."

The "they're coming" argument, advanced by people like infamous former County Planning Director Rollin Stanley, just isn't true. People can come all they want, but they'll only stay if you provide housing for them. Don't build the new housing, and your population and cost of government services the new housing generates won't increase.

Unfortunately, the report also cites Maryland documents that were essentially authored by developers who made big campaign contributions during the O'Malley administration (in fact, Martin O'Malley appointed an executive from a developer moving into Rockville in a big way - EYA - to his "Smart Growth" commission). Whether on enviromental concerns, or land use, these reports mysteriously all find a single solution to all of our problems - urban-style development. I am shocked. Shocked.

Dubious Maryland scientific statement
cited in Rockville land use report

Put aside your knowledge of advances society either currently enjoys or is on the verge of - autonomous and zero-emission vehicles, Uber, alternative fuels, smart highways, active traffic management, high-mileage vehicles, etc. - and now prepare for a science lecture from politicians in Annapolis.

"The only method to ensure a reduction in overall transportation emissions over time is to sharply reduce the rate of growth in [vehicle miles traveled], which will require a significant adjustment of land use patterns away from automobile-oriented development," one Maryland report states with authority. The problem is, that's simply not true. Reducing VMT is not the only way to reduce emissions, as any Tesla or Prius driver can tell you. The high-density housing they recommend actually will increase emissions, as they bring large numbers of additional vehicles with them.

In order to make solid land use decisions, the data and information cited should be accurate; this environmental statement is not.

Another questionable citation in the report, is that of the highly-biased office space assessment that Montgomery County politicians hired a consultant team to generate. Much like those state reports, the office report starts with a conclusion that we need to turn office space into housing, and builds an analysis backwards around it. Some of the data was just plain wrong, and it completely left out the fact that Montgomery County's current policies are so anti-business that we haven't attracted a single major corporate headquarters in over a decade. So how do you decide the fate of your job centers without studying the policy side of the equation? Guess what: ceding more jobs to Virginia and D.C. increases auto emissions.

Is your property green, yellow or
 red on this map? (click to enlarge)

On the positive side, among the many interesting graphics in the Rockville land use report is one showing the relation of land value to the value of the structure(s) it is currently improved with. There's a lot of yellow and red on this map, indicating quite a bit of land that's either just slightly less valuable than the home on it, or far more valuable than the house on it.

That fact underlines the importance of any transformational zoning discussions to be held during this process, and all the more reason for residents to get involved in the process either at the Planning Commission hearings, or through the ongoing Rockville 2040 events being sponsored by the City planning department.

Images courtesy City of Rockvile

Duck Donuts coming to Rockville Pike

Duck Donuts will open a store at Sunshine Square at 1327 Rockville Pike. The company got its start in North Carolina a decade ago, and is dedicated to the pursuit of freshly made donuts and coffee. This will be its first Maryland location. As you can see, their sign is already installed.

They are currently hiring a manager, cashier, donut maker, and - perhaps the best job of all - donut topper.

Residents protest proposed school bus parking lot at Carver Center in Rockville

Outraged residents spoke out last night about a Montgomery County Government blunder that has resulted in a school bus parking lot being proposed at the Carver Educational Services Center in Rockville. Even more troubling - some residents, as well as City Councilman Mark Pierzchala, see evidence the lot may not just be a short-term plan.

A resident of College Square called the bus plan "malpractice" at Monday's Mayor and Council meeting. He said the smart growth plan "went off the rails" after the County failed to enforce the agreement that the developer purchasing the current Crabbs Branch Way bus depot would have to find a new bus parking site. The private developer plans to build housing on the depot site.

Another resident who lives near the Carver Center said she is concerned for the health and safety of her two young children. But in addition to her fears about noise, pollution and neighborhood traffic congestion, she suspects a potentially more-sinister County plot. Montgomery County Public Schools currently plans to merge the adjacent Rock Terrace School with Tilden in Bethesda. That move, she said, "would create a very large area for bus parking." Several other speakers concurred, and the potential for maintenance and fuel facilities on such a larger site were predicted.

Pierzchala shares those concerns. He noted that MCPS is bonding over a million dollars for the bus site plan at Carver. "You don't bond something if you're just going to use it for a few years," Pierzchala noted.

Other concerns expressed by residents include the plan for an ugly high fence at the historic school site, and questions over not only how buses would get in and out of the site, but the traffic generated by their drivers taking their personal vehicles to and from work twice a day. Many mentioned the dirty tactics by the County Council in giving virtually no advance notice, and holding the only public hearing on the matter during workday hours when residents would be unable to attend to testify.

Mayor Bridget Donnell Newton sought to not only assure residents that she would "do everything in my power" to stop the plan, but also to dispel "an unfortunate statement" by an unnamed County Councilmember that Newton supports the plan. County Councilmember Craig Rice (D-Upcounty) was quoted in The Sentinel as saying, "“The mayor was supportive of the plan." "I just want to set the record straight," Newton said in making clear her opposition to the current proposal.

Team Rockville councilmembers blasted for "pettiness" in denying reappointment of Hadley to Planning Commission

Planning Commissioner
Don Hadley

Updated: February 24, 8:14 AM*

Rockville residents turned out in force last night to ask the three City Council members who declined to support Don Hadley's reappointment to the Planning Commission to reconsider. Demanding at least an explanation for why they opposed his return, citizens asked the Council to put politics aside. As with other contentious debates involving the future of growth in the City, residents who appear to be in the majority were told that - in effect - there is a silent majority that does not testify, but must be given equal or greater weight than those who do show up.

The sometimes-heated debate included a suggestion that one councilmember be recalled from office, and a Hadley supporter on the Council asking her colleagues to "search their souls."

Hadley became embroiled in the 2015 election after the Team Rockville slate's mayoral candidate Sima Osdoby accused him of being a business partner of incumbent Mayor Bridget Donnell Newton's husband, and therefore having a conflict of interest in moderating the King Farm candidate forum. Hadley strongly contested these and other allegations made by Osdoby, and warned her and a blogger of potential legal action should his law practice and reputation be damaged.

Some residents feel the post-election rebuke of Hadley, a highly-respected land-use attorney, is strictly politics and bad blood spilling over from the nasty election season.

"Why are we getting into all this pettiness," resident Patricia Woodward asked. "Why don't you all grow up? Enough is enough!" Fellow West End resident Jack Gelin called the 3-2 vote against Hadley a "sad performance." Hadley "served with grace and distinction," Gelin said, arguing that "there is no credible challenge to Mr. Hadley's qualifications."

Joe Jordan, a resident who criticized councilmembers Virginia Onley, Julie Palakovich Carr and Mark Pierzchala for their votes against Hadley in a February 9 email, last night said he hoped their action was not "petty retribution." Citing Hadley's dedication, "integrity, transparency and fairness," Jordan said, "Don has more than earned reappointment."

Longtime city activist Drew Powell concurred, describing Hadley as "the most fair person I've ever met." Powell said he was "saddened" by the Council vote on Hadley, and implored them to work together and reconsider the nomination.

A member of the City's Traffic and Transportation Commission chastised the Council for its "appalling behavior," singling out Onley's conduct as "disgraceful." Recalling that he "felt physically ill" after hearing the results of the Hadley vote, he suggested Onley be recalled from office.

The issue is so heated in the community, that Councilmember Beryl Feinberg's husband found himself testifying before the Council for the first time, and defending Hadley's qualifications. Feinberg herself later said she was "proud to say that I voted for [Hadley's] reappointment along with the Mayor." She asked Newton to "put his name forth again," and her colleagues to "search their souls" about this matter.

One resident, in demanding the reasons behind the dissenters' votes, said, "if you can't give 'em, then I don't know why you sit there."

Following the conclusion of the Community Forum portion of the meeting, the councilmembers under fire did give some further explanation of their votes.

Onley fired back at the harshest criticism, condemning the "accusations" and "name-calling." For those who questioned her previous argument that Hadley would not bring diversity to the commission, Onley noted that she is a "67-year-old African-American woman," and that it would be "disingenuous" to claim her concerns were not genuine. "Whether you agree with me or not, please be as respectful of me as I am of you," she said.

Palakovich-Carr and Pierzchala offered the strongest criticism of Hadley and the current makeup of the Planning Commission. The commission is now "stacked with people who have similar perspectives on [land use] issues," Palakovich Carr said. She charged that current commissioners have "no expertise" on transportation or transportation planning.

Pierzchala began by praising Hadley as "a wonderful man," but then ripped the commission for what he felt were unnecessary delays in completing the Rockville Pike Plan, which has taken five years to complete. "I don't think the Planning Commission is doing the job," Pierzchala charged. "They do not represent the community." Commissioners have defended their approach, noting that changes the Council made to weaken the city's Adequate Public Facilities Ordinance required the plan to be revised. And, indeed, the changes the Commission has made to the plan strongly reflect the feedback they received from "the community."

Pierzchala also recalled that past mayor Phyllis Marcuccio declined to re-nominate past Planning Commissioners Kate Ostell and Jerry Callistein.

In response to suggestions that he and the rest of Team Rockville are beholden to developers, who have privately complained loudly about the Commission foiling their grander plans, Pierzchala said, "I don't appreciate that."

Interestingly, Palakovich Carr and Pierzchala described diversity on the Commission as being more of an ideological issue than a racial one, arguing that those who favor smart growth and denser growth aren't currently represented on the body.

One does have to wonder where those pro-urbanization residents are in all the public proceedings. A majority of voters indeed wanted the three Team Rockville residents on the Council, and voted thusly. But they also returned Newton to office, and she holds tremendous power over development via appointments to the Planning Commission. Newton has been clear that she will favor growth that benefits the City, rather than simply development interests. Her appointments reflect that, and Newton and Hadley's popularity among residents suggests the approach is what a majority want.

There is a growing effort in the County by developers to suggest there is a silent majority who favor the urbanization they are offering. The members of this silent majority, they say, simply don't have the time to testify or write letters. Engaged citizens are described as busybodies who have nothing better to do. Montgomery County Planning Board Chairman Casey Anderson is the foremost proponent of this theory.

But the silent majority suggestion threatens democracy itself. A loud minority that can simply ignore masses of residents who turn out in force, is not what anyone had in mind when the nation was founded. I'm sorry, but we have a system. We have a public process. And if you choose to not participate, you forfeit your political power as a citizen. Period. Let's be frank: the "silent majority" Anderson and others speak of are the developers, ever trying to find new ways to subvert the public will and sheer numbers of Rockville's well-organized neighborhoods.

It is virtually assured that Hadley will not be reappointed by this current Council. The three members who oppose him made that clear last night. That's too bad, although Newton can leave him on the Commission by simply not nominating a replacement, as long as he is willing to serve.

But it's also too bad for the City in the larger sense. Volunteers to serve are hard to come by, much less ones as qualified as Hadley. To hire an attorney or planning staff member of Hadley's caliber would cost the City six figures. They've had his services and good judgement for free on the Commission.

I've been an observer of the Planning Commission for at least 17 years, and it is difficult to think of a commissioner who had the knowledge, deliberative and thoughtful approach, ability to listen to colleagues and the public, and the skill to forge a consensus on difficult issues while placing residents first, that Hadley has brought to the panel.

Speaking of majorities, I would challenge anyone to produce a majority of residents who feel the consultant's original Pike Plan proposal is better for the city than the plan the Commission is about to transmit to the Council.

Finally, many engaged and qualified residents have come forward during these growth debates who themselves would likely be fine members of the Planning Commission. They should apply for a seat on it when candidates are sought in the future.

* Although the quotes attributed to Joe Jordan are correct, the wording was updated in one sentence to better reflect the intent of one of his statements.

Rockville construction update: Miso Fusion Cafe at Rockville Town Square (Photos)

Miso Fusion Cafe is hiring at Rockville Town Square, as construction continues on the interior. There's no opening date yet for the restaurant, which was originally scheduled to open last summer. If you're interested in working at Miso, scroll down to the employment ad below and click the photo to enlarge for the details on how to apply. Miso will serve Korean fusion cuisine.

Habit Burger, Jersey Mike's coming to Wintergreen Plaza in Rockville

H&R Retail has completed two leasing transactions at Wintergreen Plaza on Rockville Pike. Coming this year to the shopping center will be Habit Burger Grill and Jersey Mike's. The two new dining options will bookend the newly-converted Ted's 355 Grill structure facing the Pike, according to the property map.

Neither H&R Retail nor Habit Burger would respond to inquiries. How rude. It's called media relations, guys. Oh, well.

6-car garage proposed for historic W. Jefferson St. property; King Farm dairy barn plan on HDC agenda

Repair and renovation of the dairy barn complex at the former King Farm is on the agenda of the Rockville Historic District Commission tonight at City Hall at 7:30 PM. City staff is recommending approval of a plan that would replace the steel roof with a new terne steel roof that meets the Secretary of the Interior standards, repair the existing wood siding and doors. Only one door requires a full replacement.

The Thompson's Dairy lettering, as pictured above, will be reproduced on the new roof.

There is one condition for approval of the plan, which is that the original wood siding be reinstalled on the barn after the interior work is completed.

A potentially more controversial agenda item is a proposal to construct a six-car garage and circular driveway at the Luckett House at 107 W. Jefferson Street. The property is located in the West Montgomery Avenue Historic District.

This is a Courtesy Review by the HDC, and staff is seeking commissioners' advice for the applicant as to how these non-traditional elements can be incorporated into the existing property.

Photo courtesy City of Rockville