Move by Chestnut Lodge developer stirs controversy in Rockville

Revised project plan
rendering of
JNP Chestnut Lodge, LLC's
townhome proposal

Developer JNP Chestnut Lodge, LLC has submitted a revised project plan amendment to the City of Rockville for its proposed townhome development at 500 W. Montgomery Avenue. The move has stirred controversy among residents and elected officials alike.

Last week, a City email stated that a revised plan had been submitted, and that the Mayor and Council would potentially vote on it next Monday, June 20. Subsequently, additional City emails were sent out to clarify that the Mayor and Council would instead be discussing "the review process" for the unusual filing. The original amendment failed to achieve majority support from either the Planning Commission or the Mayor and Council.

 It is now up to the City zoning chief to determine what the appropriate process is to follow in this case.

The email confusion, and the apparent fact that the new revised plan was not shared with any of the parties of record by the developer, brought former mayor and current West End Citizens Association President Larry Giammo and Peerless Rockville Executive Director Nancy Pickard out to address the issue during the Community Forum of last night's Mayor and Council meeting.

During Old/New Business later in the meeting, the Mayor and Council discussed the issue further, but no action was taken in terms of voting. One question debated was whether or not the Mayor and Council should seek advice from outside counsel on the matter, or rely on the City Attorney.

Revised site plan, which
drops the number of units
to 6 townhomes

Of what little information is available as of press time, the revised plan reduces the number of townhomes from seven to six. The controversial rear design, including garages, remains intact. Most of the filing simply makes the case for why this plan complies with both the City master plan and historical preservation standards. By removing one unit, the length of the project is slightly reduced horizontally, but still does not resemble the original lodge. Opponents of the townhome plan have argued that the original agreement between the City and the original developer remains in effect, and requires a multifamily condo building. With Chestnut Lodge having burnt down in 2009, their position is that the developer must replace the former mental institution with a building of similar proportions, and with the type of housing units that the agreement was based upon.

Developer's new building
footprint comparison between
townhome proposal (blue dotted
line) and the original
Chestnut Lodge (grey filled area)

The new footprint in the revised plan now increases 10% over the original lodge's. What the next step is, will be determined by the Mayor and Council next Monday evening.

Town Center parking solutions miss the target for Rockville business owners

"We're basically

slaves now"

The Mayor and Council discussed solutions for the parking woes of merchants and patrons in Rockville's Town Center last night, as a follow-up to a February worksession on the topic. But the proposals outlined did not address the bane of most Town Center business owners - the competitive disadvantage of 24/7 paid parking in Rockville Town Square versus the free parking available at competing developments like Downtown Crown and Rio/Washingtonian Center.

Mayor Bridget Donnell Newton and councilmembers considered how to improve wayfinding signage, change City-controlled parking meter enforcement policies (such as using yellow cards for a 5-minute grace period), how sign ordinance limitations might prevent more effective parking signage, whether a consultant should be hired and at what cost, returning the popular Wednesday farmers market to Regal Row, restoring holiday banners to the Town Center area, and having regular consultation meetings with business owners and other stakeholders.

But, invited to the podium by Newton to share their initial reactions, several Town Center business owners said the discussion avoided the main issue - the cost of parking in the garages at Rockville Town Square.

"You don't understand how much we're suffering," said the owner of California Tortilla on E. Montgomery Avenue in Regal Row. "We're basically slaves now," to a parking situation that's deterring business, and the high rents they must pay, he said.

Mellow Mushroom owner Danny Trahan suggested the City save money on hiring a consultant, and listen to the business owners instead. Trahan estimated that the current paid parking situation is costing Rockville Town Square businesses $5 million in sales. By allowing free parking at least during strategic times like evenings and weekends, the increased revenue could refill City coffers and pay for free parking, Trahan argued.

Trahan said he is willing to put up money to help solve the problem, if selling advertising space in garages and in the public square would help offset the cost of free parking. He suggested building a dome structure in the square to allow activities to continue during inclement weather, as has been done in Reston Town Center. Advertising could be sold on the structure, as well as on signs in the garages, he said. Trahan said he would be willing to purchase signage in both locations to promote Mellow Mushroom.

Scott Feldman of Giuseppe's Pizza, where some patrons have stopped going because of parking costs and unfair meter ticketing policies, asked the Mayor and Council to compare the activity in Rockville Town Center on weekend nights to that in Downtown Crown and Rio. "You'll see a big difference," he promised. Many have cited the lack of wait times at Town Center restaurants on weekend nights, in comparison to hour-waits at Rio and Crown, as a metric showing how paid parking is killing business.

But landlords in the Town Center were not prepared to cut them a break at the February worksession. None attended last night's discussion. In February, several noted that there's no such thing as free 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, developer of the Upton/Cambria Hotel and Suites building, said then.

Councilmember Julie Palakovich Carr made a very good point, that there are more garages than the ones in Rockville Town Square in Town Center, and that it would be difficult to have a free parking policy that covered all of them.

But the City is in a real parking pickle that could threaten the future of its Town Center, business owners said. Customer counts were down during the Duball construction, and now Hometown Holidays taste ticket redemption is dwindling in recent years, as well, the owner of Ben and Jerry's said. While the City can refuse to take action on the unpopular paid parking that gives Rockville a bad reputation in the region, he acknowledged, it risks finding many of its downtown shops "boarded up" if they go out of business as a result.

Leggett's WSSC nominee sentenced for DWI in 2007

T. Eloise Foster, Montgomery County Executive Ike Leggett's nominee to the Washington Suburban Sanitary Commission, was sentenced for driving while impaired in Howard County in 2007. She was sentenced to unsupervised probation, alcohol counseling, 10 hours of community service, and fined $200, according to The Baltimore Sun.

Foster was pulled over by a Maryland state trooper on Interstate 95 in Howard in June 2007. She failed several sobriety tests, and was charged. Foster was budget director for the state of Maryland at the time.

Leggett, who was a victim of a drunk driver himself in a 2009 crash, called for tightening drunk driving laws in December 2015. The County Council is scheduled to interview Foster Tuesday morning at 11:00 AM. They are then scheduled to confirm her appointment 55 minutes later.

"The Montgomery County Council joins our Police Chief in calling for the State of Maryland to strengthen our laws against drunk and impaired driving," Council President Nancy Floreen wrote to the Montgomery County delegation to the Maryland General Assembly in February of this year.

Drivers with interesting driving records seem to be joining WSSC often these days. The Washington Post reported that the agency's latest chief was involved in five accidents while driving WSSC vehicles. She totaled one of those WSSC vehicles in a rollover accident on the Capital Beltway, the Post reported.

Rockville neighborhood could be listed on National Register of Historic Places

A process that began in 2012 has culminated in the nomination of New Mark Commons to be listed on the National Register of Historic Places, pending review by the Rockville Historic District Commission. That review will take place at the commission's next meeting, on Thursday, June 16.

Listing on the register gives an honorary recognition of the historic significance and character of a place, but does not prevent architectural changes to homes, or require the review of the HDC to make such changes. It does require any project involving federal funds, licenses or permits to be reviewed by the federal agency involved to determine if the project will have an adverse impact on the historic character of the listed property.

Inclusion on the register also makes communities and homeowners eligible for historic preservation grants.

The nomination acknowledges New Mark Commons' place in history as an example of "Situated Modernism."  Builder Edmund J. Bennett and architects Keyes, Lethbridge, & Congdon emphasized open space, amenities and mature trees. The community was promoted as "a Twentieth Century village that's one foot in the future and a step back to a better time." Like its contemporaries Reston and Columbia, it also features a lake, even though it reduced Bennett's profits to build it.

Included in the staff report and attachments are many other interesting details on the development and features of New Mark Commons. It's very much worth a read for those interested in Rockville history, planning, architecture, and the times in which this neighborhood was constructed.

Planning commission approves new Rockville shopping center (Photos)

A plan for a new shopping center at 1401 Research Boulevard got the green light from the Rockville Planning Commission last night. The unanimous vote by commissioners means the Rockshire neighborhood will once again have retail options within walking distance of their homes. And via their bikes, as one of the most-discussed issues was the question of just how great the demand would be for bike parking at this property.

The new shopping center is currently branded as Research Row. It will include a 40,000 square foot fitness center, with swimming pool and full-size basketball court facilities; a drive-thru fast food restaurant close to the Route 28 side of the property; an in-line retail building (the latest term for "strip mall") with office space; and a smaller-than-usual 28560 SF grocery store building (grocery stores can be 60-70,000 SF, or even bigger in the case of Wegmans). Getting a grocery store tenant could be critical to the success of this retail center, with Rockshire having lost its Giant store.

Commissioner David Hill asked the applicant, FP Research Boulevard, LLC, if their fitness center was viable. The city is experiencing "a saturation of fitness facilities," Hill noted.

Adam Davis, a Vice President at Foulger-Pratt, said that the gym structure will be "a pretty generic 40000 square foot box" that could easily be converted to other retail uses, if necessary.

Other concerns included how traffic exiting Hurley Avenue from the site onto inbound W. Montgomery Avenue would affect already-congested rush hour traffic trying to reach I-270, and the dangers of cars trying to turn left onto Research Boulevard from the curb cuts on that side of the property. Signals and striping will be modified for both roads, representatives for the applicant said.

Planning Commission
Chair Charles Littlefield

While not the fault of the applicant, the downsides of a Countywide push by political leaders to replace office parks with residential, and to a lesser extent, retail, surfaced during the nearly-four-hour discussion. The prospect of losing high-wage office and research jobs (one structure removed for this project was a laboratory) did not sit well with commission chair Charles Littlefield. Replacing those high-wage jobs with retail and restaurant positions is "just not good for people's economic well-being," Littlefield said, although he was supportive of the project in general.

A second problem of the conversion - the rest of the office/research facilities (there's a reason the road has its name, after all) are still there. One of them, a biomanufacturing facility that manufactures vaccines, is directly adjacent to the future shopping center.

The site manager for the biomanufacturing facility said unidentified cars and trucks are always a security concern for them as it is. With truck traffic now increasing with the shopping center, that could present a problem. The site manager said their federal contracts depend on having tight security for their facility. It takes four keycard swipes just to get from his car to his office, he said.

Trucks are examined closely for fear that they may contain explosives, and be used in a terrorist attack on their facility, which handles dangerous diseases its vaccines cure or treat. They not only are concerned about the standard terror threats from abroad, he said, but also from the Animal Liberation Front. While their facility has no animals on-site, he said, the ALF could mistakenly believe there were.

Hill said he was "concerned" about the security issues raised by the site manager, who said he was not aware of any facility like his in the region that was this close to a retail center.

I'm hoping that drive-thru restaurant will bring a new fast food brand not currently in Rockville, or at least return one that left town in recent years. "Two menu boards that taper down to one lane at the pickup window" sounds a lot like a common layout at newer McDonald's locations. It would be nice to get a Hardee's, Jack in the Box or White Castle in terms of new ones, or bring back KFC or A&W.

Hill called Research Row "a great addition to this area of the city."

Donate used bikes this weekend in Twinbrook, enjoy a block party

The Rockville Bike Hub is hosting a block party and bicycle drive this Saturday, June 11, outside Revolution Cycles at 5750 Fishers Lane near the Twinbrook Metro station, from 3:00-6:00 PM. They are especially seeking bikes for kids in 1st through 5th grade. Kids get the bikes as a reward for completing a small service project, as part of a project co-sponsored by the City of Rockville.

Adult bikes are also welcome, and will be distributed for training purposes, or for distribution by Bikes for the World.

Get your bike checked or minor repairs when you visit, or try out an E-bike. VisArts will offer bike-themed crafts, and there will be games and activities for the whole family. For the adults, there will also be beer from 7 Locks Brewery. For everyone, there will be food from local restaurants, and live music by modern/classic rock band Shirkaday.

MoCo planning staff recommends disapproval of 1000 Westmore Ave. as bus depot site

A second Rockville site targeted by Montgomery County as a potential school bus depot, 1000 Westmore Avenue, failed to gain approval from staff at the County Planning Department yesterday. The staff report recommends the County Planning Board disapprove the County's request to acquire the site, a proposal to be taken up by the Board at its June 16 meeting.

In the report, staff indicates that they conclude the proposed acquisition of the site by the County for parking school buses there is inconsistent with the County's master plan and the existing zoning of the property. They say the County has failed to provide sufficient information regarding all of the potential impacts on the surrounding residential neighborhood. In absence of that information, staff says they have independently concluded that the noise impact could be far higher with buses than under other light industrial uses in that zone. Other impacts identified by staff include traffic, safety and environmental issues.

Indicative of the rush to acquire any usable site for buses, the result of County elected officials' failure to do so prior to the deadline for turning over the existing Shady Grove bus depot to developers, the County did not submit a Site Selection Study or analysis. Without such a study, staff wrote, they cannot support the acquisition of this - or any other - site by the County for a bus depot or parking lot.

The IM 2.5-H-50 zoning of the Westmore site does not allow industrial uses with excessive noise, dust or other disruptive impacts, and does not require the sort of transportation links that a fleet of buses would need to get in and out of the neighborhood.

In another indication that the County Council did not do its homework, the County Department of General Services Deputy Director Greg Ossont wrote to planners that DGS is using money allocated to it by the Council last summer to buy the Westmore site. All nine councilmembers voted in February to approve funding for design and construction of a bus depot at the other controversial Rockville site, the Carver Educational Services Center. Several councilmembers have now attempted to distance themselves from that vote, claiming they had not read the resolution they voted for.

Were it not for those two actions by the Council (among others), we would not be in this situation today, an embarrassment the Council understandably wants to downplay. Never has "the dog ate my homework" caused so much trouble for so many communities.

Planning staff heard loud and clear from Rockville's Mayor and Council, and residents, that Westmore - like Carver - was completely unacceptable for a depot. The Legacy at Lincoln Park Homeowners Association, the Lincoln Park Civic Association, Rockville Housing Enterprises, and the East Rockville Civic Association were among the formal organizations weighing in against the bus plan for Westmore.

Several letters noted that the bus plan is in conflict with the Lincoln Park neighborhood plan residents collaborated with the City to pass in 2007, which included the intent to phase out industrial uses around the community.

The final decision now rests with the Planning Board.

Should the Board follow the recommendation, and with the Carver proposal on life support, the County will be in full panic mode shortly in its effort to find a site. Ossont has recently indicated the Gude landfill is off the table due to environmental issues. Where to next? Derwood? Avery Road? Darnestown? The plot thickens.

The question now is, which MoCo community is going to be left without a chair when the music stops in this fiasco, unless the Council simply blows up the whole "Smart Growth Initiative" project, allowing the depot to remain at Shady Grove. It is unclear whether they would face legal action from the developer if they were to do so.