From the City’s website:

Frequently Asked Questions About the County Executive’s Proposal to Relocate County Uses to the G.E. Technology Park Special Study Area

  1. What is the G.E. Technology Park Special Study Area and where is it located?

    The G.E. Technology Park Special Study Area consists of three parcels of land that are bounded on the north by Lakelands Park and the Lakelands Park Middle School, on the east by the Lakelands Community, on the south by MD Route 28, and on the west by Lake Nirvana and the Kentlands community.

GE Technology Park

  1. What is the County Executive proposing?

    As part of a comprehensive property use initiative that would make portions of the Shady Grove Sector and the Life Sciences Center available for private development, the County Executive is proposing to relocate a variety of uses to three locations in the County:  the Webb Tract near Montgomery Village, a vacant area near the Shady Grove Metro known as Casey 6 & 7, and three parcels of land in the G.E. Technology Park Special Study Area. 

    At this point, the County Executive is proposing to relocate the following agencies to the existing G.E. building (Lot 1):

    • Police Headquarters
    • 1st Police District Station
    • Fire and Rescue Headquarters
    • Homeland Security
    • Possible other office uses to be identified

    The only use proposed for the existing Finmarc warehouse parcel (Lot 2) is the Liquor Warehouse and Department of Liquor Control Offices.

    Parcel C would remain vacant under the Executive’s proposal.

    www.montgomerycountymd.gov/content/exec/cpus/pdfs/flow_chart.pdf

  1. Is there any guarantee that the County would not change or modify these plans in the future?

    No. There have been a number of significant changes to the plan since it was first announced in December 2007. County officials have referred to the overall property use initiative as a “chess board” and changes to the proposed uses at the Webb Tract or Casey 6 & 7 could affect the proposal for the G.E. Special Study Area.

  2. Who currently owns the three properties?

    Lot 1 is owned by Santa Fe Hotels (SFHI LLC) and is currently under contract to be sold to Avalon Bay Communities.

    Lot 2 and Parcel C are owned by Finmarc Management (Edison Tech LLC).

  3. What is the City’s position on this proposal?

    At this point, the Mayor and City Council are not supportive of the proposal because there is no certainty about what the County would do with the land in the future. Additionally, they are concerned about loss of land use control, loss of tax base, impact on the adjacent neighborhoods, and with preserving open space. Once the proposal is finalized and discussions with the County are complete, the Mayor and City Council will consider all public input and take a formal position.

  4. Is the County subject to the City’s zoning laws?

    No. After careful review of Maryland case law, the City’s Special Zoning Counsel has determined that the County is not legally obligated to comply with City zoning laws or to go through our normal planning process.

    In the past, Montgomery County and Montgomery County Public Schools have agreed to submit to a courtesy review by the City Planning Commission.

  5. How would County acquisition of the properties in this special study area affect the City’s tax base?

    County acquisition of the G.E. and Finmarc properties would have significant impact on the City’s tax base because the County does not pay City property taxes. The City received a total of $181,258 in property tax for these three parcels in levy year 2008. If built out to the density guaranteed in the Annexation Agreement, the annual taxes the City would receive would be approximately $441,270 in current dollars at the current tax rate.

  6. What has the City done to address concerns regarding the County Executive’s proposal?

    As indicated in item #5 above, the Mayor and City Council have not taken a formal position on the proposed County acquisition of these properties. The Mayor and City Council received two briefings (1/7/08 & 5/27/08) and City staff is meeting periodically with County staff to develop a Memorandum of Understanding (MOU) that protects the interests of the City and its residents for the Mayor and City Council’s consideration. City staff is attempting to incorporate the following key issues in any draft agreement with the County:

    1. The key elements of this MOU should be incorporated into an Annexation Agreement Amendment to provide certainty to all parties.
    2. The County would go through the City’s site plan process as a courtesy review.
    3. Uses would be limited to administrative offices in the G.E. building (including the 1st District Police Station). The existing Finmarc warehouse would be used as the County Liquor warehouse. The City would like assurances that an employment center will not be opened at this site.
    4. No additional structures would be erected on either property without the consent of the City. In the event an additional warehouse is constructed, it should be designed in such a manner as to accommodate interior loading/unloading.
    5. The green space abutting Route 28 would be maintained as open space in perpetuity. The City is willing to maintain this area if the County deeds it to the City.
    6. The seven acre forested parcel (parcel C) be maintained as forest in perpetuity. The City is willing to maintain this area if the County deeds it to the City. Another alternative would be a conservation easement.
    7. During the plan review process outlined in (b) above, we would like an increased buffer area between the warehouse and the Lakelands community. Options include additional tree plantings or
      the construction of an acoustical fence. Also, during the plan review process, we would like to explore reconfiguration of the loading docks. All warehouse-related traffic should be routed onto Edison Park Drive rather than Main Street, and efforts to mitigate traffic and noise from the trucks should be considered.

    8. County would participate in the cost of State-mandated repairs to the Lake Placid dam, and in the cost of converting Lake Placid into a functioning storm water management facility.
    9. The County would provide ongoing compensation of one form or another to the City to make up for the loss of tax base due to the County acquisition of the land.
    10. In the event the County purchases the land and allows the existing commercial uses to operate for some period of time, the City should receive funds equivalent to what the tax would be.
  7. What are the terms of the Annexation Agreement governing this special study area?

    In 1989, the National Geographic Society filed annexation petition X-146 that included the land that became known as G.E. Technology Park Special Study Area. This annexation was approved, and the land was zoned as I-3 (comparable to the former Montgomery County zoning category of Commercial Office Park).

    In 2000, the annexation agreement was amended. Among many other things, the 2000 amendment gave the property owner the right for an additional 700,000 square feet of I-3 development.

  8. What is the City’s Master Plan for this special study area?

    In September of 2006, the G.E. Technology Park Special Study Area Master Plan was approved. This Master Plan has two land use options:

    • Option A: Research & Development and Office Park
    • Option B: Mixed-Use Development (would require a rezoning and consent of the property owners)

    While Master Plans are generally advisory in nature, this Master Plan contains a number of special conditions that carry the weight of law including:

    • The land between Lake Placid and Darnestown Road must be preserved as open space
    • In the event of mixed-use development, the warehouse on the Finmarc property must be redeveloped concurrently with any development on the G.E. parcel.
    • In the event of mixed-use development, residential development shall be of comparable density and mix to the Lakelands and Kentlands communities.
    • City Master Plan
  1. What is the status of the private development proposal for this special study area filed by Avalon Bay Communities?

    A number of primarily residential mixed-use plans were prepared and circulated by Avalon Bay Communities for this special study area, but they were never filed.

    On February 9, 2007, Avalon Bay filed Concept Site Plan (CSP) 07-001. This plan called for three one-story warehouse/office buildings in the total amount of 202,175 square feet. This application was ultimately denied by the Planning Commission due to non-compliance with Master Plan Special Conditions.

    On October 5, 2007, Avalon Bay Communities filed an appeal of the Planning Commission’s denial of CSP. This appeal was designated A-534 and was denied by the Board of Appeals.

    Subsequently, Avalon Bay appealed the Board of Appeals denial to the Circuit Court. This appeal is scheduled for hearing on November 19, 2008.

  2. How would private development in this special study area be affected by the City’s Adequate Public Facilities Ordinance (APFO)?

    Any private development would need to conform to the City’s APFO. Currently, this area is in moratorium for residential approvals because of overcrowding conditions at Rachel Carson Elementary School. Prior to any residential approvals, there must be either an addition constructed at Rachel Carson or a boundary change.

  3. How can stakeholders provide input in this decision?

    All stakeholders are urged to make their views know to the County Executive, County Councilmembers, and the Mayor and City Council.

    The County Council is tentatively scheduled to receive a briefing on the County Executive’s Land Use Initiative on September 23, 2008.

    In addition, the Mayor and City Council of Gaithersburg will receive at least one more televised briefing from County staff this fall.

    Questions concerning the County Executive’s Land Use Initiative or the City’s position may be addressed to Assistant City Manager Fred Felton at 301-258-6310 or ffelton@gaithersburgmd.gov.

Contact information for County Council:

www.montgomerycountymd.gov/csltmpl.asp?url=/content/council/contact.asp

Contact information for County Executive:

www.montgomerycountymd.gov/mcgtmpl.asp?url=/content/mcginfo/siteFiles/contact.asp