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From the County’s website:

For Immediate Release: 8/25/2008

Leggett to Host Town Hall Meeting in Gaithersburg

On Wednesday, September 17, Montgomery County Executive Isiah Leggett will host a Town Hall Meeting at 7:30 p.m. at Gaithersburg Middle School, 2 Teachers Way. Previous town meetings have drawn thousands of residents who have taken advantage of the opportunity to voice their concerns to the County Executive.

“Town meetings present an excellent opportunity for me to find out what’s on the mind of our residents,” said Leggett. “A cornerstone of my administration has been to make sure ‘everyone has a seat at the table’ and these public meetings provide a forum for our residents to share their ideas and concerns.”

The town meeting is free and open to all and will be videotaped by County Cable 6, the County government channel, for future airing.

Sign language interpreter services will be provided only upon request with notice as far in advance as possible, but no less than 72 hours prior to the event. If these or other services or aids are needed to participate in this activity, please call 240-777-6530 or TTY 240-777-6505 or email a request to karen.falcon@montgomerycountymd.gov.

For more information about the town meeting or the cable television program schedule, call 240-777-6530.

# # #

Release ID: 08-331
Media Contact: Sue Tucker 240-777-6530

From the City’s website:

Agenda - Planning Commission Meeting, 9/17/2008

Posted 9/8/2008

City of Gaithersburg
31 South Summit Avenue

Gaithersburg, Maryland 20877
Telephone: 301-258-6330
PLANNING COMMISSION AGENDA [subject to change]
Wednesday, September 17, 2008
7:30 P.M.
City Hall Council Chambers

APPROVAL OF MINUTES

September 3, 2008, Planning Commission Meeting
TBA - Background Material (pdf format)

RECORD PLATS
CONSENT

AFP-07-024 – Rolling Stock Park
CBD Zone
5 Summit Avenue Park Plaza
EXTENSION OF APPROVAL
Background Material (pdf format)

SP-04-0007 – Rashidian Estates
R-90 Zone
100 Central Avenue Four Single-Family Detached Units (1 Existing)
EXTENSION OF APPROVAL
Background Material (pdf format)

AFP-07-005 – Macroland
CD Zone
611 South Frederick Avenue New Parking
EXTENSION OF APPROVAL
Background Material (pdf format)

SITE PLAN

AFP-08-026 -  Hidden Creek - Land Bay III, Sec. 2
MXD Zone
Girard and Whetstone Glen Streets
Revised Four-Story Townhouse Architectural Elevations
AMENDMENT TO FINAL PLAN REVIEW

Background Material (pdf format)

FROM THE COMMISSION
FROM STAFF

ADJOURNMENT

From the City’s website:

Agenda - Mayor and City Council Meeting, 9/15/2008
Posted 9/12/2008

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING

TUESDAY, SEPTEMBER 15, 2008, 7:30 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

IV. APPROVAL OF MINUTES

• Minutes of a Regular Meeting of the Mayor and City Council Held September 2, 2008
  Background Material (pdf format)

V. CONSENT ITEM
(resolutions for approval by the City Council that do not need discussion)

Resolution of the Mayor and City Council Authorizing the City Manager to Award a Contract to Install Safety Netting at Kelley Park Field #1 ($61,445)
Background Material (pdf format)

VI. PRESENTATIONS

1. Certificate of Recognition Presented to Alvin Guttag, Kentlands/Lakelands 5K Run Participant
2. Proclamation of the Mayor and City Council Designating September 17 - 23, 2008, as “Constitution Week” in the City of Gaithersburg

VII. PUBLIC APPEARANCES
(public is invited to speak on any subject that is not a public hearing topic on tonight’s agenda - each speaker three minutes)

VIII. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

• Upcoming City Events

IX. FROM THE ACTING CITY MANAGER

X RECESS MAYOR AND COUNCIL MEETING

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HISTORIC DISTRICT COMMISSION

1. Call to Order

2.Certificate of Approvals

• HAWP-34A, Applicant: Michael Wu and Ellen Stanley, Request for Replacement of Gutters, 21 Walker Avenue
  Background Material (pdf format)

3. Adjournment

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XI. RECONVENE MAYOR AND COUNCIL MEETING

XII. ORDINANCES, RESOLUTIONS, AND REGULATIONS
(ordinances, resolutions, and regulations to be introduced or adopted following appropriate procedures required by the City Code, or resolutions that may require discussion by the Mayor and Council prior to approval)

1. Resolution Establishing Local Standards Relating to the Administration of the Olde Towne Enterprise Zone as Provided for Under the State of Maryland Enterprise Zone Program
   Background Material (pdf format)

2. Resolution of the Mayor and City Council Authorizing the City Manager to Extend the 2008 Street Resurfacing Contract ($121,500)

   Background Material (pdf format)

3. Resolution of the Mayor and City Council to Codify and Amend the Official Traffic Rules and Regulations for the City of Gaithersburg
   Background Material (pdf format)

4. Resolution of the Mayor And City Council Authorizing the City Manager to Enter Into a Contract to Purchase Nine (9) 2009 Dodge Charger Police Vehicles ($189,735)
   Background Material (pdf format)

5. Resolution of the Mayor and City Council Awarding Matching Grants to Brighton HOA (aka Deer Park Place) and The Orchards HOA ($8,930)
   Background Material (pdf format)

6. Resolution of the Mayor and City Council Authorizing the City Manager to Create and Implement a Housing Stipend Program for Income Qualified Employees Who Reside Within the Corporate Limits of Gaithersburg

   Background Material (pdf format)

XIII. POLICY DISCUSSION AND STAFF GUIDANCE
(discussion by the Mayor and Council about previous public hearing topics and other policy matters)

1. CSP-04-001, Resolution of the Mayor and City Council of Gaithersburg Granting Conditional Aopproval of Concept Site Plan CSP-04-001 for a Nine-Apartment Unit Addition Use to Flowers Apartments, Located in the CD (Corridor Development) Zone, at 511 South Frederick Avenue, Gaithersburg, Maryland (Ready for Final Action)

   Background Material (pdf format)

2. CSP-04-001 - Resolution of the Mayor and City Council Granting Approval of a 13-Foot Waiver of the 20-Foot Setback Requirement for Off-Street Parking From Behind the Front Building Line [§ 24-160g.4.(E)(1)] as Part of Concept Site Plan CSP-04-001, Known as Flowers Apartments, at 511 South Frederick Avenue in Gaithersburg, Maryland, for a Nine (9)-Unit Addition to an Existing 23-Unit Building on Approximately 39,704.43 Square Feet of Land Zoned Corridor Development (CD) (Ready for Final Action)
   Background Material (pdf format)

3. CSP-04-001 - Resolution of the Mayor and City Council Granting Approval of a 5.5-Foot Height Waiver of the 35-Foot Building Height Requirement In the Residential District to Allow the Building to be 40.5 Feet in Height [§ 24-160G.4 (A)(1)], as Part of Concept Site Plan CSP-04-001, Known as Flowers Apartments, at 511 South Frederick Avenue in Gaithersburg, Maryland, for a Nine (9)-Unit Addition to an Existing 23-Unit Building on Approximately 39,704.43 Square Feet of Land Zoned Corridor Development (CD) (Ready for Final Action)
   Background Material (pdf format)

4. An Ordinance to Amend Chapter 5 of the City Code, Entitled “Buildings,” to Include in Article I, Entitled “The International Building Code (2003),” Section 5-3, Entitled “Same - Modifications to the International Building Code 2003,” a New Section 3110, Entitled “Green Building Requirements” (Ready for Final Action)
   Background Material (pdf format)

XIV. FROM THE ASSISTANT CITY MANAGERS, CITY ATTORNEY AND OTHER STAFF

XV. ADJOURNMENT

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ANNOUNCEMENT

Notice to the general public is hereby given that the Mayor and City Council of the City of Gaithersburg will conduct a joint work session on Monday, September 22, 2008 for the following:

• Mansionization Legislation - T-385, Application Requests Amendment of Chapter 24 of the City Code (City Zoning Ordinance), Entitled, “Zoning,” Article V, Entitled, “Site Development Plans,” §24-168 Entitled, “When Required,” and to Amend Chapter 24, Article V to Add §24-168A Entitled, “Residential Site Plans, When Required”
• Update From Staff on the Bikeway Plan Improvement Plan Findings and Implementation Strategies

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THE NEXT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
WILL BE HELD MONDAY, OCTOBER 6, 2008, 7:30 P.M.
COUNCIL CHAMBERS, 31 SOUTH SUMMIT AVENUE

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Via Connected Communites, where reports for all six districts are available.

P1 Beat:

• An attempted armed robbery occurred on Thursday, 8/28 at approximately 8:30 a.m. in the area of the 9900 block of Killarney Lane in Gaithersburg. Nothing was taken from the adult male victim who was threatened with a knife. A description of the suspect was proviced and officers found the
  suspect in the area still armed with a knife. The 25-year-old male suspect from Gaithersburg was arrested.
• A residential garage burglary occurred in the 100 block of Reading Road in Gaithersburg on Tuesday, 8/26 between 12:00 a.m. and 7:00 a.m. Suspects entered the open garage and removed a GPS unit from the unlocked vehicle and fled.

P2 Beat:

• A strong-arm robbery occurred in the 200 block of Market Street West in Gaithersburg on Sunday, 8/31 at approximately 3:00 a.m. Two adult males were attacked by the suspects who beat and kicked one victim several times before fleeing in a vehicle. A 19-year-old male and an 18-year-old male both of Gaithersburg were arrested.
• A residential burglary occurred in the 100 block of Meem Avenue on Thursday, 8/28 between 8:45 a.m. and 4:00 p.m. Forced entry and property was taken.
• A commercial burglary occurred at The Chyten Tutoring Center at 257 Market Street West in Gaithersburg between Thursday, 8/28 at 6:00 p.m. and Friday, 8/9 at 11:40 a.m. There was no forced entry. Property was taken.

R1 Beat:

• An armed robbery occurred at the Services Unlimited store located at 701 Russell Avenue in Gaithersburg on Sunday, 8/31 at approximately 12:40 p.m. Two suspects, entered the store armed with guns and demanded money. Suspect fled the area in a vehicle.

  Suspect: B/M mid-twenties, 5’9” to 6’1” tall, 160 lbs., black afro wig, glasses, false teeth
  Suspect: B/M mid-twenties, 5’6” to 5’7” tall, 200 lbs,, black skull cap
  Suspect Vehicle: Silver or grey Toyota with Maryland temp tags

R2 Beat:

• A strong-arm robbery occurred at Montgomery Village Avenue and Club House Road in Montgomery Village on Sunday, 8/31 at 5:40 a.m. The adult male victim was punched by one of two suspects who then stole personal property. An attempt was made to steal his wallet without success. Both fled on foot onto Brassie Place.

  Suspect: B/M 18-22 years old, 5’9” to 6’1” tall, 170-190 lbs., cornrows, black tee shirt, blue jeans
  Suspect: B/M 18-22 years old, 5’9” to 6’1” tall, 170-190 lbs., black tee shirt, dark blue jeans

• A residential burglary occurred in the 9800 block of Maple Leaf Drive in Montgomery Village at an unknown time between Saturday, 8/23 and Friday, 8/29. Forced entry and property was taken.
• Two attempted incidents to steal vehicles occurred between Saturday, 8/30 and Monday, 9/1 in the 9400 block of Chadburn Place in Montgomery Village. Both vehicles (a Saturn 4-door and a Suzuki motorcycle) were found with punched ignitions.

S1 Beat:

• A commercial burglary occurred at Century Termite located at 7 Park Avenue in Gaithersburg between Tuesday, 8/26 at 5:25 p.m. and Wednesday, 8/27 at 6:30 a.m. Forced entry but no property was taken.
• An attempted residential burglary occurred in the unit block of North Summit Drive in Gaithersburg on Friday, 8/29 between 6:00 a.m. and 8:30 a.m. Force used but no entry was made, nothing taken.
• An attempted residential burglary occurred in the 400 block of North Summit Drive in Gaithersburg on Saturday, 8/30 between 8:30 p.m. and 11:59 p.m. Force used but no entry made, nothing taken.
• An attempted commercial burglary occurred at Gordon’s Mixed Martial Arts, 200 Girard Street, between Monday, 9/1 at 6:30 p.m. and Tuesday, 9/2 at 9:20 a.m. Force used but no entry was made, nothing taken.
• Two thefts from vehicles occurred at Waterworks Plumbing, 16021 Industrial Drive in Gaithersburg between Wednesday, 8/27 and Thursday, 8/28. Copper fittings and a GPS unit were stolen after breaking the padlocks.

S2 Beat:

• A commercial robbery occurred on Thursday, 8/28 around 1:30 a.m. at Impulse Lane and Bell Tower Drive in Gaithersburg. A taxicab picked up a fare at the Lake Forest Transit Center, when the suspect produced a gun, stealing the victim’s cash. He then fled along the wood line towards
  Centerway Road.

  Suspect: B/M, 25-29 years old, 5’8” to 5’9” tall, 160-170 lbs., grey sweatshirt, blue jeans, gun

• A residential garage burglary occurred in the 7200 block of Cliff Pine Drive in Gaithersburg on Wednesday, 8/27 between 4:00 a.m. and 11:30 a.m. No force and property was taken.
• There were three attempted thefts of vehicles between Tuesday, 8/26 and Wednesday, 8/27. Either a door or window was pried for entry and each was found with a tampered ignition.
  • 19900 block of Ivoryton Place 1996 Accord, grey,
  • 8600 Halfpenny Way 1995 Accord, white,
  • 19900 Ivoryton Place 1996 Accord, green

From the City’s website:

Tuesday, September 09, 2008

Attempted Burglary

On 09/09/08, at 12:34 p.m., police responded to the 1100 block of West Side Drive for an attempted burglary. Nothing was taken.

Suspect - Black male, 5′08″

Burglary

On 09/09/08, at approximately 9:00 a.m., a female returned home in the 700 block of Hope Lane and found a male subject in her bathroom. The suspect immediately fled the scene on foot. Nothing was reported missing in the residence. An investigation is ongoing.

Suspect - Black male, approximately 14-15 years old, wearing black jeans, a black skull cap, and a black backpack.

Strong Arm Robbery

On 09/09/08, at approximately 1:45 a.m., a victim was walking on Cedar Avenue at George Street when he was approached by two unknown suspects. The suspects beat the victim and stole his wallet. The suspects fled the scene on foot, last seen running down George Street towards Gaithersburg High School. The victim suffered minor injuries and the investigation is ongoing.

Suspect #1 - White male, 5′07″-6′00″, blonde hair and a goatee, wearing a long sleeve black shirt, green jeans, and yellow Timberland boots.
Suspect #2 - Black male, balding, 5′06″, wearing a long sleeve red shirt and white tennis shoes.

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Monday, September 08, 2008

Burglary

On 09/08/08, sometime between 8:00 a.m. and 12:15 p.m., an unknown suspect entered an apartment in the 400 block of Girard Street and took property.

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Saturday, September 06, 2008

Armed Robbery

On 09/06/08, at approximately 10:25 p.m.., the victim was approached while walking in the 300 block off North Summit Avenue by a man with a black hand gun. The victim did not cooperate with the suspects robbery demands and was pistol whipped by the suspect. An off duty Police Officer came upon the incident and arrested the suspect. The victim was treated for facial injuries at an area hospital.

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Wednesday, September 03, 2008

Burglary

On 09/03/08, between the hours of 6:00 a.m. and 2:00 p.m., unknown suspect(s) forced entry into an apartment in the 800 block of Gallop Hill Terrace. Electronic equipment and video games were taken. Investigation to continue.

• Sebastian Montes writes, Web site asserts city’s opposition to plan for GE Tech:
  

  Some council members were concerned that a county Web site created last month says that the city supports the plan. The City Council has not yet taken a formal position.

  “I don’t have any reason to believe that the county did anything intentional, but perhaps there was miscommunication,” said City Councilman Ryan Spiegel. “… When I read the county Web site initially, I felt that it did not accurately reflect the feelings of the majority of the council. The vast majority, if not all of us, have significant concerns.”

• Sebastian Montes writes, Pick made for labor center’s permanent home:
  

  A parcel of land adjacent to The Grove Shopping Center in Derwood has been selected as the permanent location for the county’s day-laborer center that opened more than a year ago in a temporary trailer in an industrial park on Crabbs Branch Way.

• Sebastian Montes writes, Airpark no longer wants control tower:
  

  Officials have veered away from building a control tower to oversee the Montgomery County Airpark, the county’s only general-use airport.

• Patricia M. Murret writes, City passes hotel tax despite opposition:
  

  Amid protests from hoteliers and one lone councilman, Gaithersburg city leaders last week voted 4-1 to pass a two percent rental tax on city hotels and motels, making the city’s hotel tax rate one of the highest in the country.

• Janel Davis writes, Floreen proposes tax on parking spaces:
  

  A proposal to charge a $250 per space parking fee to help pay for infrastructure and improve the environment could be good in theory but the Montgomery County Chamber of Commerce and some businesses question the timing of the proposal.

• Janel Davis writes, Leggett, council at odds over budget:
  

  Tough fiscal times are taking more than a toll on the county’s budgets, but shortfalls and declining revenues also have the County Executive and council disagreeing about whose budget balancing is best.

• Patricia M. Murret writes, Of Note Around Gaithersburg:
  • Get ready to celebrate with the Gin Blossoms
    

    Making headlines at the 27th Annual Celebrate Gaithersburg in Olde Towne street festival, which kicks off at noon on Sept. 21, is a rock concert by the Gin Blossoms and debut of new City Manager Angel Jones.

  • ¡Si, se puede!
    

    Gaithersburg city leaders kicked off Hispanic Heritage Month last week with a reception at City Hall sponsored by the city’s Multicultural Affairs Committee.

  • Going green in the Kentlands
    

    DPZ architectural firm designers will unveil designs for a community garden in the Kentlands at a “Go Green Meeting” sponsored by the Kentlands Community Foundation at 7 p.m. on Sept. 18 in the Kentlands Clubhouse, at 485 Tschiffely Road.

  • Stepped-up security at Robertson Park Youth Center
    

    City police are increasing police presence in the area surrounding the city-owned Robertson Park Youth Center, in the 800 block of Rabbitt Road, after the management company of a nearby business park complained of possible after-hour illegal activities bordering Robertson Park and the Diamond Farms Business Park Condominiums.

  • Rolling Stock rolls on
    

    City residents spoke out at a Sept. 2 meeting of city leaders after reading in The Gazette and advertisements for public hearings that federal money allocated for the renovation and restoration of historic “Rolling Stock” train cars and caboose at the Community Museum would be transferred to another account.

County Press release via Connected Communities:

Detectives Make Arrest in Montgomery Village Shooting

Montgomery County Police detectives from the 5th/6th District Investigative Section have continued to investigate the shooting that occurred on August 19, 2008 at approximately 10:10 p.m. in the 9900 block of Ridgeline Drive in Montgomery Village.

Through the course of the preliminary investigation a suspect, Darrell Andre Shanton, was developed and a warrant was obtained for attempted first-degree murder, first-degree assault, reckless endangerment, and possession of a handgun during the commission of a felony. Shanton, age 34, of the 600 block of North Prospect Street in Hagerstown was arrested on August 29.

On August 19, 2008, 6th District officers responded to the 9900 block of Ridgeline Drive for the report of shots fired. As officers began their investigation several neighbors stated that they heard what they thought were gunshots. Blood was observed on the sidewalk. During the investigation an individual arrived who stated that he had just taken a friend suffering from gunshot wounds to a local hospital. The victim, a 19-year-old male from Montgomery Village, was suffering from life-threatening injuries and was flown from that hospital to an area trauma center. He was in critical condition however he is now expected to survive.

Anyone who has information about this shooting is asked to call the 5th/6th District Investigative Section at 301-840-2347. Callers may remain anonymous.

From the County’s website:

Police Seek Public’s Help in Identifying Suspect in Theft from Vehicle Case

Detectives from the Montgomery County Police 1st District Investigative Section are investigating an incident of theft from vehicle that occurred in Derwood. Detectives have recently obtained a surveillance photo of a suspect.

On September 3, 2008 at approximately 11:00 p.m., 1st District officers responded to the 5600 block of Lake Christopher Drive in Derwood for the report of a theft from a vehicle. A wallet that had been left inside the vehicle was stolen from the vehicle. Through the course of the investigation it was learned that a suspect then used the victim’s credit card just three hours later at a 7-Eleven convenience store located at 8946 North Westland Drive in Gaithersburg. Detectives have obtained a surveillance photo of a female suspect and are asking the public’s help in identifying her.

The suspect is described as a black female, 5’4” to 5’6” tall, 240 to 260 pounds, with medium-length dark hair combed back. She was wearing a green plaid dress and no shoes.

Montgomery County Police want to remind residents that thefts from vehicles can be prevented. Drivers should consider the following:

• Take anything of value out of the vehicle when leaving the vehicle. Leaving valuables, and mechanisms that secure GPS and iPod systems in the vehicle, can be something that suspects are looking for to target a vehicle for theft.
• Lock vehicle doors and set the vehicle alarm, if there is one.
• Park vehicles in well illuminated areas.
• Report suspicious activities as soon as they occur. Call the Montgomery County non-emergency number at 301-279-8000. If it is an emergency, dial 911.

Anyone who has information about this incident and/or the suspect is asked to call the 1st District Investigative Section at 240-773-6084 or the Montgomery County non-emergency number at

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.

2. 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

3. 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.

4. 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).

5. 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.

6. 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.
   

7. 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.

8. 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.
9. 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.

   • 1989 Annexation Agreement and 2000 Amendment (pdf format 3.5M)
10. 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

11. 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.

    • Concept Site Plan 07-001 — GE Technology Park
      Part I (pdf format 4.3M)
      Part II (pdf format)

      Part III (pdf format 3.7M)

    • Board of Appeals Review: A-534, 1/24/2008
12. 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.

13. 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

Via Connected Communites, where reports for all six districts are available. Note that there was no P2 beat report in what was published by Connected Communities this week.

Also note the assault in the men’s room off the Lakeforest Mall food court on the afternoon of Tuesday, August 26. Putting this together with the armed robbery of the check cashing store last Sunday would perhaps suggest that the Mall is getting rougher. The Transit Center on the fringe of the parking lot, out by Lost Knife, has been a pretty dicey place for a while now.

P1 Beat:

• Three thefts from vehicles occurred in the 15300 of Diamond Cove Terrace in Gaithersburg overnight Thursday, 8/21 to Friday, 8/22. Suspects broke windows and removed GPS units from display.
• Two thefts from vehicles occurred in the 10000 block of Vanderbilt Circle in Gaithersburg overnight Thursday, 8/21 to Friday, 8/22. Suspects broke windows and removed GPS units from display.
• A theft from vehicle occurred in the 9700 block of Oakdale Drive in Gaithersburg overnight between Tuesday, 8/19 and Wednesday, 8/20. Suspects broke a window, searched the interior and removed the in-dash stereo system.

• Three thefts from vehicles occurred in the Rio parking garage in the 9700 block of Washingtonian Boulevard in Gaithersburg on Saturday, 8/23 between 5:30 p.m. and 10:00 p.m. Suspects broke a window and removed a GPS unit from each.
• A theft from a construction site occurred from a construction trailer at 9711 Washingtonian Boulevard in Gaithersburg between Saturday, 8/23 and Monday, 8/25. Construction materials were removed.

R1 Beat:

• A commercial burglary occurred at the Sears store located at 701 Russell Avenue in Gaithersburg between Tuesday, 8/19 and Wednesday, 8/20. Forced entry and property was removed.
• An assault was reported in the food court area of Lake Forest Mall located at 701 Russell Avenue in Gaithersburg on Tuesday, 8/26 around 5:45 p.m. An adult male was physically assaulted in the men’s room. No property was obtained.

R2 Beat:

• A strong-arm robbery occurred in a parking lot in the 20000 block of Goshen Road in Gaithersburg on Friday, 8/22 around 7:15 p.m. The adult female victim was taking her shopping cart to her vehicle when the suspect, approached knocked her to the ground and took her purse.
  Suspect: B/M, 8-22 years, 5’8” to 6’0”, 185-200, crew cut, black tee shirt, black pants
• A strong-arm robbery occurred near the basketball courts on Southern Night Lane in Gaithersburg on Saturday, 8/23 around 5:30 p.m. The male victim was approached by 2 suspects who threatened physical harm if he did not turn over his property. The victim was punched in the face and property taken. A 21-year-old male of Montgomery Village was arrested nearby.
• An aggravated assault occurred in the 9900 block of Ridgeline Drive in Montgomery Village on Tuesday, 8/19 just after 10:00 p.m., when an unknown suspect shot the victim. An arrest warrant was obtained and a 36-year-old male of Hagerstown was later arrested.
• A garage burglary occurred in the 8300 block of Marketree Circle in Montgomery Village on Monday, 8/18 between 5:00 p.m. and 7:30 p.m. Property was removed from an open garage.

S1 Beat:

• A rape occurred in the area of Washington Grove Lane and Emory Grove Road in Gaithersburg on Tuesday, 8/19 at 9:30 p.m. The adult female was dragged into some brush, and assaulted.
  Suspect: B/M 40-45 years, 6’0”, 6’3”, 190-225, black tee shirt, black shorts
• An attempt robbery occurred at Girard Street and Goshen Road in Gaithersburg on Wednesday, 8/20 around 10:00 a.m. The victim advised she was at the bus stop and approached by a suspect who held a knife to her midsection. The suspect (1/M, NFD) spoke English, which the victim could not understand, and fled before obtaining any property.
• A strong-arm robbery occurred in the common area of 8 North Summit Drive on Sunday, 8/24 just after midnight and involved four intoxicated subjects beating another man after an unknown dispute. All four were arrested in a nearby apartment.

S2 Beat:

• A residential burglary occurred in the 8300 block of McCullough Lane in Gaithersburg on Wednesday, 8/20 between 11:35 a.m. and 7:45 p.m. Forced entry and property removed.
• A vehicle vandalism spree in the Strawberry Knoll Drive area of Gaithersburg occurred on Thursday, 8/21 at around 3:00 a.m. ended in arrests. Seven vehicles were found with windows shot out with pellet guns. A vehicle was pulled over nearby for erratic driving and four BB guns and two knives were found inside. The defendants admitted to shooting as many as 20 vehicles. Two adults and two juveniles were arrested.