NEW VAPING SHOP OPENING IN ROCKVILLE (PHOTOS)

A new vaping supply retailer is joining pioneer Vape Ink in Rockville, but just outside of the city limits. AVAIL Vapor is coming to the Pike Center at 12107 Rockville Pike (also home to TGI Fridays and Pier 1 Imports).

Richmond-based AVAIL says all of its juices are made in Virginia, and that they contain no artificial sweeteners, oils, GMOs or preservatives. It emphasizes its juices are manufactured in a hygienic facility in Richmond, under the supervision of Dr. Baylor Rice, RPh, FIACP, a licensed compounding pharmacist.

5 CHOKE CHERRY ROAD UPDATE EXPECTED AT HISTORIC DISTRICT COMMISSION MEETING

The Rockville Historic District Commission is scheduled to receive an update on the potentially-historic 5 Choke Cherry Road office building next week, which faces demolition in the JBG Companies' current plan for its Upper Rock property along Shady Grove Road. Last month, the commission voted to postpone its decision until it could receive more information about the historic value of the structure, the number and state of existing properties in Rockville by its architect, John "Jack" Sullivan," and the potential reuses for the building with input from JBG.

Also facing demolition, and requiring an approval to do so from the commission at the same January 15th meeting, is a single-family home at 540 Brent Road, in the Roxboro subdivision.

The meeting will begin at 7:30 PM in the Mayor and Council Chambers at City Hall, and be televised on Channel 11.

NEW DUNKIN' DONUTS/BASKIN ROBBINS IN ROCKVILLE (PHOTO)

There's a new donut shop in town, and if that wasn't enough danger for your New Year's resolutions, it has a Baskin Robbins ice cream store in it, as well. The new store is located at 777 Hungerford Drive, next to 7-Eleven, and near the original Flagship Car Wash location. Another Dunkin' Donuts is opening in the College Plaza shopping center, as well.

ROCKVILLE SELF STORAGE ZONING TEXT AMENDMENT HEADS TOWARD FINAL VOTE

School sign indicates Maryvale ES
is nearby proposed self storage site
at First and Taft Streets in Rockville

A zoning text amendment that could scuttle a planned self storage facility near Maryvale Elementary School in Rockville will be presented by staff to the Mayor and Council at their January 12 meeting, following a vote instructing staff to do so Monday evening. The ZTA would prohibit self storage facilities to be place within 250 feet of schools, which would disqualify the facility currently proposed by Siena Corporation on Taft Street.

Siena's attorney, Robert Dalrymple, has previously threatened legal action against the city, should his client's project be stopped. The ZTA appears almost certain to pass, as Mayor Bridget Newton, and Councilmembers Beryl Feinberg and Virginia Onley have spoken in support of it. Feinberg and Onley both stressed Monday evening that, in their view, the ZTA is not targeted toward the Siena project. But passage of the ZTA is the only thing standing in the way of Siena's plans, particularly after the Rockville Planning Commission ruled that there was no legitimate reason to deny the company's proposal last month.

Councilmember Julie Palakovich Carr put great weight on the commission's ruling, quoting from each commissioner's remarks during the discussion. Councilmember Tom Moore concurred, saying that while he often disagrees with the commission, he thought the decision was significant. Both warned Monday evening of the potential legal and fiscal consequences passing the ZTA could hold for the city. Moore attempted to grill Feinberg for more detail on what specific data should give the city pause about the potential dangers a self storage facility would pose toward schools and residents. He read from a list of other possible uses for the Taft Street property, including fuel filling station, temporary carnival and adult-oriented establishment, arguing that several on the list posed greater dangers to children and pedestrians than self storage. The meeting grew contentious as Moore pressed Feinberg for specifics. Feinberg later returned the favor, demanding data to back up one of Moore's points, saying, "I'm gonna do to you what you do to me."

As the debate began to circle further into the night, Newton chided Moore, saying, "people don't know when to stop repeating themselves."

Moore offered an amendment to grandfather the Siena project, but it was defeated 3-2, with Newton, Feinberg and Onley opposed. Feinberg suggested making the buffer 500 feet, but withdrew her amendment after staff could not demonstrate advantages in the city requiring the added distance. A third amendment by Moore would have required the city to set aside $3 million dollars in FY2016 for legal fees, which he believed would face the city should the ZTA pass. That measure, too, failed, only drawing support from Palakovich Carr.

Newton said the matter was a public safety issue, which should take priority over fears of legal action. Feinberg concurred, saying, "I'm not going to be intimidated or succumb to fearmongering."

Ultimately, the Mayor and Council voted 3-2 to instruct city staff to draft a final ZTA, and present it at the January 12 Mayor and Council meeting. Moore, who said he is "deeply concerned" about the zoning action, and Palakovich Carr, who lives in East Rockville, were both opposed to the motion.
Photo: Google Maps

BLACKMAIL! ARE MCPS AND DEVELOPERS HOLDING ROCKVILLE HOSTAGE OVER APFO?

While it seems that the fight over Rockville's Adequate Public Facilities Ordinance keeps coming back like Freddy Krueger, a new talking point emerged at Monday night's public hearing before the Mayor and Council. Some proponents of lowering the city's school capacity standard, from 110% to the 120% overcrowding limit allowed by Montgomery County, appeared to be using the change as blackmail for school construction funds.

Open Rockville to developers who fund the campaigns of all Montgomery County Councilmembers except Marc Elrich, they argued, and those development firms and Montgomery County Public Schools will release funds they apparently won't put towards Rockville classrooms otherwise. While this is most definitely not the legal mechanism for school funding in the state of Maryland, developers and their allies at the County level made clear they are fed up with the City of Rockville retaining control over its development and quality of life.

Former Rockville Planning Commissioner Steven Johnson put into words what many observers may have been thinking after hearing previous speakers, when he used the phrase, "held hostage," in making his case to lower school standards. What was originally designed as a tool to guide development, Johnson said, is now "a blunt instrument to kill" residential development in Rockville.

"You need to change your APFO ordinance," former Rockville Mayor Rose Krasnow warned her successor and city councilmembers, or Rockville will be "left in the dust" by Downtown Crown and other urban town centers popping up around the county. Krasnow, now employed by the Montgomery County Planning Department, suggested allowing Rockville schools to get more overcrowded would somehow result in extra MCPS construction money flowing to city schools. Most significantly, Krasnow described Rockville's current relationship with the County as "antagonistic," and that County officials feel that the City is "not willing to work with them."

Aakash Thakkar, Senior Vice President with infill development firm EYA, put the message in somewhat more diplomatic terms. By allowing more residential development, including a Tower Oaks project sought by EYA itself, the city could thereby "show goodwill" to County officials who want more tax revenue. This would lead to a more "cooperative relationship" between the city and county. He said developers would also contribute money for schools, although no such legal requirement exists to enforce such a promise, beyond the basic school fees charged now for development in Montgomery County. Thakkar also argued that "new people" are needed to support the retail businesses in Rockville.

Not so fast, Rockville resident Jack Gelin rebutted in later testimony. The idea that the city should accept more-crowded schools and more development simply so that county officials will "not be angry with us" was not a good argument for changing the APFO standards. As for Thakkar's promise of more tax revenue for schools being generated by new development, Gelin referred to the "old discredited theory that somewhere there's a free lunch. This has never happened, and will not happen."

In fact, Montgomery County has been on a building binge for years, with the exception of during the recent recession, and is locked in a structural deficit as far out as can be forecast. All of that tax revenue has failed to keep up with the costs of new infrastructure and services the new developments required. Even jurisdictions who have created more jobs than Montgomery County, like Fairfax and the District, are facing budget crunches. Where is all of the magic tax revenue? Nowhere to be found.

The idea that allowing more development and more school overcrowding would magically solve Rockville's challenges was among a number of false promises made by advocates of watering down the APFO, former Mayor Larry Giammo said. "Stop promulgating myths," he exhorted councilmembers who favor the changes, whose proposals he said were causing "unnecessary and harmful divisiveness" in the community. Rather than change the APFO, Giammo proposed, a better approach would be to update the city's master plan, and engage the county's Board of Education and and County Council to develop new strategies to address overcrowding.

Mayor Bridget Newton said the latter option is in the works, citing a discussion she had with Councilmember Roger Berliner (D-District 1) earlier regarding a work group he is assembling to look at the county's APFO standards. That group will be seeking input from municipalities, and would be a more productive approach to the problem than arbitrarily changing the city's own standards, she suggested. Newton also disputed claims that Rockville had been passed over for school construction money because of its higher APFO standards, pointing out that at least two significant school projects are currently moving forward in the city.

She and resident Joe Jordan also raised questions about how, and under whose authority, the city's staff produced a redline document on APFO changes. Newton asked staff to produce answers to those questions before a vote is taken on the measure. Jordan said he found it "really disturbing" that the process was being rushed without public discussion by the council, leaving residents unclear about each councilmember's position on the changes. Newton criticized city staff for leaving last night's public hearing off of a television announcement for the meeting, and for publishing a front page piece on Rockville Reports that implied she and all councilmembers were advocating changes to the APFO. She argued the city should wait for the outcome of Berliner's effort, and request an opinion from the state Attorney General on the question of whether she and the council have the legal authority to change the APFO, before voting on the proposed changes. The Mayor has the authority to request such an opinion, Newton said, noting that Councilmember Tom Moore had planned to do the same thing last year.

Some would have to question the wisdom of the new talking point deployed last night by proponents of change. "I've got money, but I won't give it to you until you turn over control of your city to us," sounds like a bad mob movie more than a coherent development policy.

NEW 7-ELEVEN OPENS IN ROCKVILLE (PHOTOS)

Rockville now officially has another 7-Eleven store, this one opening at 1701 Rockville Pike next to the EVEN Hotel, across from the Hilton. You may notice it is pretty large as 7-Elevens go, with room to expand in the future, and tables to sit at inside.

PETER CHANG INSTALLS SIGN AT ROCKVILLE TOWN SQUARE (PHOTOS)

The permanent sign is up and lit at the future Peter Chang's China Bistro in Rockville Town Square.