Montgomery County Council all talk, no action on Rockville bus depot controversy (Photos)

"Talked to death in Rockville" is a good summary of yesterday's Montgomery County Council worksession on the controversial attempts to relocate the Montgomery County Public Schools bus depot in Shady Grove. That site is supposed to be cleared by next year, so that a developer can build hundreds of townhomes and apartments there. By the end of the meeting, no votes were taken and no plan of action was determined.

While Council President Nancy Floreen did not allow a resolution to deny the Declaration of No Further Need for the Shady Grove site, by the end of the meeting she agreed to bring one forward, likely next week. The County Department of General Services was directed by Floreen to bring back a cost-benefits study for the scenario of simply leaving the depot where it is, and to provide a list of temporary and permanent sites where the buses could be moved.

But none of this officially rules out the use of Carver Educational Services Center, 1000 Westmore Avenue or the Blair Ewing Center on Avery Road, all of which have been rejected soundly by residents who would be impacted. Depending which councilmember you listen to, there are all kinds of potential outcomes, and all but one (keeping the depot at Shady Grove) would place a school bus depot in someone's neighborhood.

Only two councilmembers, Sid Katz (who represents Rockville) and Marc Elrich (an at-large member), explicitly said Carver, Westmore and Avery should be removed from the list of sites under consideration. Save Blair Ewing, a resident organization fighting a bus depot on that site, is now leading a letter/email-writing campaign to sway three more councilmembers to join Katz and Elrich in placing language eliminating those sites from the list.

So next week, the Council may unanimously vote to say that the Shady Grove depot is, in fact, still needed by the County. Does that kill the Carver/Westmore/Avery plans? Not unless that language is included in the resolution, and even then, the legal ramifications of leaving the buses in place after a developer has spent millions on its plans remain to be determined. The Council also assumes that County Executive Ike Leggett could indeed reopen talks with the developer to give the County more time to relocate the depot. There's no guarantee of that, either.

The Council did talk a lot, though. To their credit, at least a few councilmembers somewhat accepted the blame for their role in allowing this depot debacle to happen. Councilmembers George Leventhal, Roger Berliner, and Hans Riemer were particularly candid in acknowledging the Council blew it with the Shady Grove plan.

"In hindsight, that plan was unwise," Leventhal conceded to his constituents in the audience.

Interestingly, while many on the Council have vehemently argued that residential development will provide large amounts of tax revenue to the County, Leventhal and a few of his colleagues are now coming around to acknowledge what I've been saying for a decade - new residential growth does not pay for itself, and in fact, costs more in services than it brings in in new revenue. The County's structural budget deficit is proof of that.

Leventhal estimated the County has spent $407 million on the Shady Grove "Smart Growth Initiative" so far. When will that expenditure "pay for itself" as Leggett promised years ago, Leventhal asked David Dise, Director of DGS. He also suggested they add the cost of County services and schools to the cost-benefit analysis.

"If I'm in a hole, do I need to keep digging," asked Elrich of the Council's predicament. He too questioned if the potential revenue would cover the cost of relocating the depot, which he said may be "the best location we'll ever have" for it.

"We shouldn't be doing this," Elrich said. "I'm just not willing to do that to people." He counseled Dise to make sure that any site suggestion is accompanied with an explanation of how it would be "better than what you have now."

Councilmember Craig Rice, who represents the Upcounty area, misfired with the audience when he launched into a strident defense of the Shady Grove plan. He noted that some of his Clarksburg constituents live right next to a bus depot. Rice then attacked many of his own constituents, saying that "they want to keep those great things that we have in Montgomery County just to themselves."

That set off a round of booing and retorts from the audience. Floreen attempted to bring the meeting to order, as Rice hastened to add that he was not referring to the Carver Coaltion. Rice said he wants "to provide housing for everyone," although he didn't explain how that would be possible, or why it is the burden of County residents to accede to overpopulation of already-developed communities.

"What we really have here is a mess," observed Katz. "There is further need for [the Shady Grove depot]. There is no question. We need to do things in a more transparent way," he added to applause. A new depot "shouldn't be next to anybody's house," or route buses through residential streets, Katz said.

Katz argued that the City of Rockville "needs to be brought into the conversation." In explicitly calling for Carver, Westmore and Blair Ewing to be removed from consideration, Katz received another round of applause. "I usually don't get applause when I say, 'No,'" he joked. Summing up the situatiion, Katz concluded 'this does not make any sense. It doesn't make any common sense, and it doesn't make any dollars and sense."

Councilmember Nancy Navarro noted she was president of the Board of Education when the Shady Grove sector plan was passed. The plan "seemed to make a lot of sense back in the day," but not in 2016, she said. "It has not yielded the revenues promised by the County."

"I'm trying to understand where some votes are," Riemer began, speaking for many in the room. In any case, he said, he would vote against the Declaration of No Further Need the Council must pass to sell the land to the developer.

"It's not right to disadvantage current residents to clear a nuisance for future residents," Riemer said. "We played a role in this mess," he acknowledged. But at the same time, Riemer added that "I don't think we can just throw up our hands and walk away."

"We all bear some responsibility," Riemer went on, but promised that the Council has finally "taken ownership of the problem."

Councilmember Roger Berliner exhorted Floreen to allow a vote on the Declaration of No Further Need during yesterday's session, a request she failed to grant.

"The notion that this will be resolved by the end of the year seems pretty far-fetched," Berliner said. He congratulated the Council staff member who prepared the report for her prediction a decade ago that the Shady Grove plan would not pay for itself. "You were right," acknowledged Berliner, before asking Dise to provide "an honest assessment" of the situation.

Berliner commended Rockville Mayor Bridget Donnell Newton, who was in attendance, for her work on behalf of her constituents against the Rockville depot proposals. "You've served your community well," Berliner told her.

"I think the Carver people can go home happy," Floreen said at the end of the session, despite it having produced no concrete results. When Floreen asked Dise for a list of potential sites, she completely ignored the fact that Council staff had done just that in its report for yesterday's session. The County DGS itself has reviewed 200 properties. Let's face it, if there was a good site, the County would have acquired it long ago.

MyMCMedia's Sonya Burke
interviews a member of the
Carver Coalition before the
worksession 

Residents in the Carver Coalition
trademark yellow shirts

City Councilmember
Mark Pierzchala
(L in white shirt) was
one of several Rockville
elected officials on hand 

"Like the buses, we will
not go quietly" was among
the creative signs held
by residents

Mayor and Council on Chestnut Lodge: "We are starting the process over"

A discussion of how to proceed on a revised project plan submitted early this month for the Chestnut Lodge site ended with a new beginning last night. The Mayor and Council advised Rockville's zoning chief, Jim Wasilak, to essentially consider the revision as a new project being submitted. That was not the preference of developer JNP Chestnut Lodge, LLC, whose representative told the Mayor and Council that this was merely a minor revision that actually reduces the size of the project.

But the controversy over the plan is so great, and so many questions remain unanswered, that officials are seeking the maximum public input and discussion. The original Planned Residential Unit (PRU) agreement required a multi-family condo development, and a restoration of the historic Chestnut Lodge psychiatric facility main building. Despite the Lodge burning down in a suspicious fire in 2009, opponents of the new townhome proposal argue the PRU remains in effect, and requires the development to build a structure similar to the one lost. It also was predicated on the requirement for condos, as opposed to the more horizontal townhome design with only a handful of units.

Mayor Bridget Donnell Newton said she would like staff to explain how the existing PRU can be modified when the circumstances have changed. "I would like to see an explanation...how is this respective of the PRU that is on the property?" she asked. Councilmember Mark Pierzchala said he also has not received satisfactory answers to his questions regarding whether or not the proposed project meets the Secretary of the Interior requirements.

Councilmember Beryl Feinberg said she would like to have a public hearing. Pierzchala said his proposed process included one before the Mayor and Council, but that he didn't want to tell the Planning Commission how to conduct its process.

"We need to be very clear that we are starting the process over," Newton told staff. Wasilak said he would consider taking all of the steps proposed by the Mayor and Council - area meeting, mail notification to parties of interest, Historic District Commission review, Planning Commission review, and Mayor and Council public hearing and review - and add a staff review of the revised plan.

Pierzchala said it is important that the HDC know it has the authority to go beyond a courtesy review in this case, and give its opinions on the merits of the project, and its impact on the surrounding historic site and district. "I second it, and think it needs to come in the form of a memo from the HDC to the Mayor and Council," Newton said.

Wasilak promised to formally outline his plan for how to proceed by the end of the week.

Photo courtesy City of Rockville

County Council staff recommends using Carver, Westmore as bus depots

The Montgomery County Council will take up the controversial school bus depot issue this morning, but the Council staff report makes an equally controversial set of recommendations. It recommends parking Montgomery County Public School buses at the Carver Educational Services Center, and at 1000 Westmore Avenue, a property already purchased by the County for that purpose. Or, to use their convoluted language, they are "not recommending against" using them for bus parking.

It is hard to believe that staff could recommend this, after the ghastly litany of County abuses of the Lincoln Park neighborhood that was recited during a public hearing before the County Planning Board last week. That hearing concluded with the board recommending against acquisition of the Westmore site by the County - an irrelevant vote, as the County had already secretly purchased the site.

Council staff has also put the Blair Ewing Center on Avery Road back on the table, sure to be highly controversial in both Rockville and Aspen Hill. Use of the Blair Ewing Center site would create a domino effect, requiring moving the alternative education facilities there elsewhere. "Elsewhere" was English Manor Elementary School in Aspen Hill when this last came up. Avery Road was ultimately dismissed as a bus site after a well-organized opposition effort by Aspen Hill residents.

I am shocked - shocked - that Avery Road has risen from the dead. Of course, I'm joking, as I've been predicting this would happen for several months. The other site proposed for a permanent depot is the Oaks Landfill at 6001 Olney-Laytonsville Road. Both sites, particularly Olney-Laytonsville Road, are still within 6:00 AM-bus-honking earshot of nearby houses.

Residential neighborhoods lie
directly adjacent to a proposed
bus depot site at
6001 Olney-Laytonsville Road
(red pin at right)

We won't know the Council's reaction to the recommendations until later this morning. But the Council staff's intent seems to be the same as the County and MCPS: Pit neighborhoods against each other, and ultimately drop the depots where they conclude political power is weakest. Residents are simply gladiators in the arena for the Emperors-with-no-clothes' entertainment. The interesting twist here is that the residents affected by the Carver, Westmore and Avery Road sites have all been politically strong in their response so far.

The report suggests removing the Public Safety Academy and Gude Drive Landfill sites from consideration. And it recommends the Council not approve the Declaration of No Further Need for the existing Shady Grove bus depot on Crabbs Branch Way. In doing so, it assumes the County Executive can change the terms to not require the depot to be vacated and turned over to the developer in 2017. The County (a.ka. you, the taxpayer) could ultimately face legal action from that developer, which already has approval for 345 townhomes and 344 apartments on that property, known as Jeremiah Park.

The Westmore bus depot contract the County Council wrought - what's their next move Tuesday? (Photos)

A picture is worth a thousand words - and here are pictures of the contract Montgomery County quietly signed to purchase 1000 Westmore Avenue for use as a school bus parking facility. 10 acres of undeveloped land in an industrial wasteland cost you, the taxpayer, $12 million at the same time that the County Council was raising your taxes to the highest level in history, and County employees were denied the wage increases guaranteed by their labor contracts.

As the Council prepares to take up the larger controversial issue of the County's "Smart Growth Initiative," and its requirement to find a new location for the Shady Grove bus depot, there are 3 things to watch for in Tuesday's worksession:

1. Will the County Council apologize to the affected communities, and admit that their votes brought us to this point?

Councilmembers, like hack actors ill-prepared for the role of a lifetime, attempted to pose as heroes-to-the rescue once the Carver Coalition was formed to fight a bus depot proposed for the Carver Educational Services Center in Rockville. Problem is, the County Council are the very people who voted to approve funding for the land acquisition, design and construction of bus depots at Carver and Westmore.

That's right. The contract you see here was the direct result of a 2015 vote by the County Council, which provided the funds the County Department of General Services used to purchase the Westmore site. Whoops!

Likewise, a February 9, 2016 resolution passed unanimously by the County Council provided funds for the design and construction of a bus depot at Carver. Councilmember George Leventhal conveniently forgot about that vote when he appeared as a crusader for justice at a Carver-related public meeting. He proclaimed to have nothing to do with the Carver fiasco. When a citizen confronted him with the text of the February 9 resolution, and asked him to read it aloud, Leventhal refused to do so.

Leventhal later stated he had not read the resolution before voting for it, an incredible statement any way you slice it. Our councilmembers don't read the bills and resolutions they vote for?! Unreal.

The Council didn't admit their role then, and they haven't since. Tomorrow is a fabulous opportunity for them to belatedly admit that they alone had the true power to create this fiasco via these two votes, and their longtime support for the insane idea known as the "Smart Growth Initiative." Don't just bash DGS for an hour, own up to your major role in this mess.

2. Will Tuesday just be a back-and-forth between DGS, MCPS and the Council, which loves to hear itself talk? Or will the civic association leaders and municipal elected officials of Rockville and Gaithersburg have a seat at the table, as well?

3. Will the Council end the discussion by pulling the plug on the Smart Growth Initiative, by committing to not signing the Declaration of No Further Need for the existing bus depot on Crabbs Branch Way, thereby risking legal action by the developer?

What the Council hasn't admitted so far, but has a chance to acknowledge tomorrow, is that there is no acceptable site to relocate 410 school buses to within the borders of Montgomery County. Period.

The County has reviewed 200 properties in the desperate search for a depot. Choosing two adjacent to residential neighborhoods at Carver and Westmore proves the point that there is no dream site - otherwise, they wouldn't have risked the political uproar they now face.

Every single site discussed and dismissed in the past was in a residential area, from Potomac to the Webb Tract in Montgomery Village. Every community fought back, and they'll fight back on the Gude landfill (Derwood homes are directly adjacent) and Public Safety Academy (North Potomac homes are across the street) sites if DGS goes there next.

Only by pulling the plug will the County be unable to use the Westmore site for school bus parking. Of course, then the County (a.k.a. you, the taxpayer) will face legal action from the developer, and the costs and payouts that might entail. There again, the Council must be held accountable for its reckless actions in the Smart Growth/bus depot debacle. There must be consequences for their actions.

Tuesday is not a day for the Council to toast themselves as heroes, but a day to begin to face the music for their disregard for their constituents, and for prioritizing developers over people in Montgomery County.

Rockville HDC recommends listing New Mark Commons on National Register of Historic Places

The Rockville Historic District Commission voted last night to recommend that the New Mark Commons development be listed on the National Register of Historic Places. John Hansman, President of the New Mark Commons HOA, said his community's addition to the list would be perfect timing for its 50th anniversary next year.

Hansman testified that the process began when he met a woman at his Bethesda church who had led the effort to list Carderock Springs. That Bethesda community just west of the Capital Beltway along River Road was also built by New Mark Commons' developer, Edmund J. Bennett.

Not everyone is on board for the honor, however. One NMC resident, who said he was also representing several neighbors who couldn't attend, expressed concerns about the impact of the designation. Many in teh community were not aware this process was underway, he said. There is a substantial amount of deferred maintenance in the community, he reported, such as wooden fences that need to be repaired or replaced. He feared that being added to the list would be used as an excuse to not keep the community looking fresh.

HDC Chair Rob Achtmeyer said maintenance issues are a problem in any aging community. He said that code enforcement by the City could address any of those upkeep problems that violate City code. Achtmeyer and preservation planner Sheila Bashiri assured the resident that he and his neighbors would have the opportunity to address the listing when the matter goes before the Mayor and Council, and when it is taken up by the Maryland Historical Trust. They also attempted to distinguish this honorary designation from the more-complicated historic designation, which requires approvals to make exterior changes to your home.

Commissioner Jessica Reynolds said she was comfortable that the community had been informed, and the commission voted to recommend the community be added to the list.

Planning Board disapproves Montgomery County acquisition of Westmore Ave. bus parking site

"They're trying to

strangle us"

Montgomery County Planning Board commissioners lambasted the County's Department of General Services' plan to acquire the WINX property at 1000 Westmore Avenue in Rockville, before voting to disapprove the acquisition. Their comments followed testimony by Rockville's mayor, residents, and civic leaders, which outlined a questionable process and a lack of transparency by the County. Commissioners were also shocked to learn that the DGS had secretly signed a sales contract with the landowner of 1000 Westmore on April 28, just days before requesting a mandatory referral review by the Board.

"It looks like the horse is already out of the barn," Commissioner Norman Dreyfuss said, after reviewing a copy of the executed contract submitted moments earlier by Rockville Mayor Bridget Donnell Newton. DGS, it became apparent, had not even shared the existence of the contract with the Planning Department. "The County is going to acquire this property, or default on the contract," Dreyfuss said.

Under the mandatory referral process, even the disapproval of the Board last night will not prevent the County from moving forward with its acquisition, and expected use as school bus parking for Montgomery County Public Schools. The County is desperately searching for several bus parking sites, so it can sell the existing MCPS bus depot in Shady Grove to a developer in a deal known as the "Smart Growth Initiative."

But powerful testimony by Lincoln Park residents showed the politically-treacherous road ahead for County politicians if they decide to press on with the Westmore plan.

"As far back as I can remember, we have been struggling to live in peace in Lincoln Park, and every few years we are fighting some monster that is threatening our security," said Fran Hawkins, a 69 year resident. "When they closed historic Lincoln Park High School (Lincoln High School opened in 1935 to serve black students shut out of County high schools by segregation), they parked buses there for decades," she noted of the MCPS Stonestreet Avenue property now home to decaying trailers. Those trailers replaced the buses when the County moved the depot to 16651 Crabbs Branch Way in Shady Grove, she recalled.

Of the County's abuse of her neighborhood, Hawkins said, “they’ve strangled us. They’re trying to strangle us. That’s the only way i can put it.”

A resident of Douglas Avenue noted that Lincoln Park is a 125-year-old community, and its streets were not well-planned or wide enough to handle hundreds of large buses passing in and out of the neighborhood. She said the quiet existence of the $12 million DGS contract and the way it has handled the process were "disturbing." She questioned how much DGS Deputy Director Greg Ossont actually knew about the community, after he was quoted in the newspaper as saying the buses would not be using neighborhood streets to reach main roads.

In fact, many criticized Ossont for refusing to meet with residents or visit the neighborhood in person, including commissioners. Suzan Pitman, President of the East Rockville Civic Association, said Ossont never even responded to her personal invitation, only sending a mass form email that went to multiple residents yesterday. She questioned how the County could afford to pay $12 million dollars for 10 acres of unimproved property, while having told teachers they wouldn't receive their full raise in FY-2017.

Most residents of the area near 1000 Westmore are "working class," and unable to hire attorneys to fight the County, Pitman said. And those residents are now disillusioned with County officials, she added. "Whatever trust we had that they were looking out for the best interests of residents is gone.”

Another nearby resident who is a teacher in MCPS, said she is tired of her neighborhood being "the disposal for everything the County doesn't want. It's not fair."

"No, we do not want the buses right across from our homes," declared Gladys Lyons of Ashley Avenue, who said she didn't want to "stand on my front porch and look directly over at the buses," and hear horns honking a 4:00 AM when buses start up in the winter.

Such an outcome is "a deplorable idea," said her neighbor, Virginia Cooper, whose husband has lived there more than 50 years. The thought of hundreds of school buses turning at the corner there "gives me shivers," Cooper said.

A Frederick Avenue resident didn't want to think of that, either. "I can't imagine what it will be like to have buses zipping up and down," she said. She opposes the land acquisition “because of the way it’s been done," with no transparency. She professed to be “skeptical of the County for very good reason,” citing the failure of MCPS to clear its own Stonestreet Avenue sidewalk of snow for 10 days this past winter.

Alexandra Destinito, VP of the Lincoln Park Civic Association, said her development is "the best kept secret in town" despite being near the railroad, a Washington Gas facility, "132 ugly rusting trailers" at the MCPS site on Stonestreet, and cut-through traffic from Gude Drive. "Now MCPS would like to add the bus depot," she said. The land swap at Shady Grove is called "smart growth," she said. "Smart for whom?"

Theresa Defino, a Rockville Housing Enterprises (RHE developed Legacy at Lincoln Park) commissioner, said, "this is some sort of otherworldly crazy puppet show going on." She asked the Board to "please do us all a favor and admit the emperor’s got no clothes here.”

The solidarity with Lincoln Park and East Rockville was joined by Christina Ginsberg of the Twinbrook Civic Association, who noted her community's "strong opposition" to the Westmore plan. "We have watched in dismay as MCPS has brought forward 3 sites in Rockville," Ginsberg said, also expressing Twinbrook's opposition to depots at Carver or at the Blair Ewing Center on Avery Road. All three sites are also opposed by the Aspen Hill Civic Association, she said, which submitted a letter to the Board indicating Aspen Hill's opposition.

Ginsberg criticized County Executive Ike Leggett's suggestion to communities opposing bus depots in their neighborhood to come up with another site themselves. "“I find this tactic extremely offensive,” she said. County officials "spectacularly failed in their jobs. It is not up to the citizens to do their jobs for them," she added.

Also supporting Lincoln Park was former Rockville Mayor Larry Giammo, now the President of the West End Citizens Association, and an active opponent of the Carver depot plan. He calculated that if MCPS stuck to its plan to park 100 buses at Carver, it would leave the other 310 to park at Westmore. Giammo invited commissioners to imagine they were residents of Ashley Avenue if that came to pass.

"What is the typical morning going to be like for you," Giammo asked. It would begin at 6:00 AM, he said, when all 310 buses would be started up and left to idle. 310 horns would honk, and 310 back-up beepers would sound, as those are two of the required tests run on every bus each morning. Those sounds would start at 4:00 on frigid winter mornings, he said.

310 bus drivers would all arrive by car into the neighborhood, Giammo said. Then 310 buses would begin to roll off the site, and not always via the routes MCPS is telling the public it will use now. "I can pretty much guarantee you most of these buses are going to go to the west and the south," Giammo predicted, "and they’re going to use residential streets to get there."

Giammo also criticized the process, calling the manner in which Leggett and his staff have approached the issue "profoundly disappointing," as well as the contract "that just shows up out of nowhere."

The timing of that contract in relation to the mandatory referral process "raises serious questions," Newton said. She noted the documents refer to a "land swap. What land is being swapped?" Newton questioned the placement of bus parking 50' away from homes, as well as the challenge of getting WSSC water and sewer service to the site. How can the County justify all of the impacts of moving the depot “simply to free up space to build more homes," she asked.

Newton has sought to avoid neighborhoods within the City from being pitted against each other in this contentious process, with multiple sites targeted by the County. The City provided bus transportation last night to assist residents who otherwise would have been unable to travel to speak in Silver Spring.

The citywide response, and emotional testimony, clearly swayed commissioners. "It’s really hard not to be extremely troubled by what the residents have brought forth,” said commissioner Amy Presley. She said she was not aware of the history of County abuse of the Lincoln Park neighborhood. Commissioners Marye Wells-Hartley and Natali Fani-Gonzalez strongly rebuked the County for both its proposal, and its lack of transparency, community outreach and respect for the residents.

Chair Casey Anderson
admonished County residents
and community leaders to
"step up to the plate."
Huh?
What about the six-figure
salaried County officials and
deep-pocketed developers
who were tasked with finding a
depot site?

Board chair Casey Anderson took an oddly-different approach, partially defending the widely-thought-to-be indefensible County actions - while saying he was not defending them. “As opposed to everybody walking out of here saying ‘shame on the County,' " he said, residents should be asking themselves what they are going to do to help find a new depot. This was doubly strange, given that Ginsberg had earlier called similar admonishments by Leggett "extremely offensive."

Rockville "has a responsibility like the rest of us do," Anderson continued. "How are you going to help the county figure out where to put some of [the buses]? Step up to the plate.” Anderson challenged the leaders of Rockville and Gaithersburg to "exercise some political leadership," in having their jurisdictions be part of the solution. Residents across the County shouldn't say, “not here, not there, no not there either," Anderson scolded. "The buses need a place to park!”

For her part, Newton said the City is indeed ready to work with all parties to help find a permanent solution to the bus depot crisis. She mentioned the former Gude Drive landfill, and the soon-to-be-vacated County Public Safety Training Center, as two potential sites. Both sites would almost certainly face opposition from residents in Derwood and North Potomac, respectively.

Will the residents of Grinnell Dr.
and Dubuque Ct.
"step up to the plate" for hundreds
of horns honking at 6 AM?
Not likely 

Will the folks
in these North Potomac
houses across from the
Public Safety Academy warm
to horn blasts at 4 AM on
frigid mornings? Don't
bank on it

The ball is now in the County Council's court for its discussion of the bus depot debacle next Tuesday. They voted to fund depots at Carver and Westmore, but have tried to sweep those votes under the rug. The reality is, they got us this far and created this mess along with Leggett.

Now the only way out - unless you believe that the County's review of 200 properties countywide somehow missed a "dream bus depot site" - is to either face the wrath of voters by placing these depots over their objections, or to risk the legal consequences of forcing the County to back out of the Shady Grove deal by refusing to approve the Declaration of No Further Need for the existing depot.

This will be entertaining political theater, indeed.

Chestnut Lodge staff report outlines options for handling revised plan submitted by developer

JNP Chestnut Lodge, LLC is legally allowed to submit a revised project plan amendment under City of Rockville code Sec. 25.07.07.14, Final Project Plan Application, a staff report posted ahead of Monday's Mayor and Council discussion says. The only question is how the revised plan should be handled. That plan was submitted on June 1, and some residents and historic preservation advocates have complained that they were not notified of the new plans by the developer.

Rockville's zoning chief Jim Wasilak has the authority to determine whether a revised plan requires additional steps and notification, or even has to be submitted as an entirely new application. Wasilak is asking the Mayor and Council to advise him on the process, given that the Mayor and Council will be the determining authority for the plan amendment.

The report says that the review process for the revised plan could consist of some or all of the following options: "written and electronic notification by the applicant as required for application submission and public meetings, an Area Meeting with the community conducted by the applicant, staff Development Review Committee (DRC) review and recommendation, Planning Commission review and recommendation, another Mayor and Council public hearing or another Discussion and Instructions session."

According to the report, the Mayor and Council could even determine that no additional steps are necessary, and then give staff instructions on how to proceed.

The applicant is proposing to reduce the proposed townhome building's footprint to be 10% larger than the historic Chestnut Lodge that stood on the site before it burnt down in a suspicious 2009 fire. And it is asking to reduce the number of townhome units from 7 to 6.