Among the the most interesting items in this week’s Council package is a letter from Royce Hanson, Chairman of the Montgomery County Planning Board, expressing the Planning Board’s disappointment with the City’s Draft Municipal Growth Element (previously discussed here and here). Although as previously mentioned the City cannot annex any land unless the property owner initiates the request, the Planning Board is joining the County Executive and North Potomac residents in their worry that Gaithersburg may have designs on taking over some of the County’s prize properties, such as Johns Hopkins’ Belward campus. Note that a property cannot be annexed unless it is listed in the Municipal Growth Element. It would thus appear, from their repeated requests that the City remove several of these properties from the plan, that the County would much prefer that the owners of these properties not have the option to walk away from the County’s planning process.
But the letter from Chairman Hanson, which I’ve transcribed below from the OCR’d copy in this week’s Council package, goes well beyond the County Executive’s letter by suggesting that the City voluntarily cede several aspects of its planning authority with regard to properties annexed in the future. For example, he suggests that “The 1992 Memorandum of Understanding between Montgomery County and the Cities of Rockville and Gaithersburg may need to be amended” to require the City to “refer all annexation requests to the Planning Board and County Council for review”. Mr. Hanson also suggests that the City of Gaithersburg put language in its annexation petitions that would require residents of newly-annexed properties to continue paying the Metropolitan District Tax — that being the tax that the City fought so hard to have its residents permanently exempted from having to pay. In all, it is a remarkable letter.
Update: Note that, on pages 91-93 of the Council package PDF, there is a memo from Planning & Code Director Greg Ossont and City Attorney Lynn Board which documents certain aspects of the process by which this Municipal Growth Element would be adopted. The County does in fact have a role in this process, and in the event that the County and the City cannot agree on the content of the document, State law says that “On request of either party, the county and municipal corporation shall employ the mediation and conflict resolution office to facilitate the requirements under this paragraph.”
MONTGOMERY COUNTY PLANNING BOARD
THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSIONOFFICE OF THE CHAIRMAN
December 22, 2008The Honorable Sidney A. Katz
Mayor, City of Gaithersburg
31 South Summit Avenue
Gaithersburg, MD 20760SUBJECT: Draft Municipal Growth Element
Dear Mayor Katz:
At its regular meeting on December 18, 2009, the Montgomery County Planning Board discussed the City of Gaithersburg 2003 Master Plan: Municipal Growth Element. Through a motion by Commissioner Alfandre and seconded by Commissioner Cryor, the Planning Board agreed to transmit the following comments to the City of Gaithersburg:
The future annexation of the enclave areas is consistent with the City’s adopted 1997 Maximum Expansion Limits (MEL) Map. These areas include NIST, Hoyle’s Addition, Londonderry, Oakmont, Walnut Hill, Rosemont, Washingtonian Residential, and Washingtonian Industrial Park and are totally surrounded by the City of Gaithersburg. The future annexation of the enclaves by the City of Gaithersburg is appropriate and consistent with forthcoming recommendations of the Gaithersburg West Master Plan.
The City should refer all annexation requests to the Planning Board and County Council for review prior to City action on the request. This provides an opportunity to address any proposed rezoning as well as other concerns, such as, the removal of the property from Moderately Priced Dwelling Unit (MPDU) requirements, the Transfer of Development Rights (TDR) program, and the constraints of the Adequate Public Facilities Ordinance (APFO). The 1992 Memorandum of Understanding between Montgomery County and the Cities of Rockville and Gaithersburg may need to be amended to include this requirement.
The City of Gaithersburg should include language in future annexation agreements that ensure the continuity of payment of Metropolitan District (Park) taxes after annexation. Despite the Planning Board’s repeated request for the City to include this language in its annexation petitions, to date the City has yet to implement this recommendation.
The MEL should not include the Traville property which includes the Human Genome Sciences Headquarters complex and a portion of the Traville residential development. This area is an important element to the life science community
MD 28 would be a better boundary between the City of Gaithersburg and the Potomac Subregion Master Plan area than private property lines as shown on the proposed MEL Map. MD 28 is physically identifiable and would not split properties in the Potomac Subregion Master Plan area. This recommendation is consistent with Draft Municipal Growth Plan objectives.
Parcels in the Shady Grove Life Sciences Center (LSC) should remain outside Gaithersburg limits and under the planning and zoning jurisdiction of the County because the County has made a substantial investment in this area as a cornerstone of County economic activity. This includes the Belward property which was shown in the 1997 MEL.
There is an overlap between the City of Gaithersburg and the Town of Washington Grove’s proposed MEL. Shady Grove Road, 1-370, and the CSX railroad tracks are logical boundaries between the two municipalities. Further, there is a deed of dedication conveying the 12.4-acre Casey Mill Property legacy open space to the Maryland-National Capital Park and Planning Commission; therefore, it should not be included within the MEL of any municipality. The Oakmont Industrial Park is the only property in the 2006 Shady Grove Sector Plan that should be included in Gaithersburg’S proposed MEL.
The annexation of the 65-acre McGown property is likely because of the adjacent Watkins Mill Town Center and Casey East projects in the City. The Planning Department staff would like to coordinate planning of this property with the City of Gaithersburg’s Planning Department staff.
Emory Grove Road should be the boundary of the MEL east of Goshen Road. The annexation of a portion of Montgomery Village is not appropriate because it will split portions of the Montgomery Village Town Sector Zone.
The Draft Municipal Growth Plan designates a portion of the Quince Orchard area including the 14-acre vacant Johnson property in the proposed MEL. The annexation of this area does not have a physically identifiable boundary for the City. We are concerned about the possible loss of the potential park site on the Johnson property and recommends this area be excluded from the MEL.
The Longdraft Road area should be included within the City’s MEL. When development occurs, however, we hope that the City will strive to protect mature trees and provide the environmental safeguards recommended in the 1985 Gaithersburg Vicinity Master Plan.
The Planning Department Staff look forward to a more in-depth discussion of each of the key properties identified for annexation as the City’s review of the Draft Municipal Growth Plan continues.
During the meeting the Planning Board emphasized its concern over the inclusion of the Life Sciences Center and part of the Montgomery Village community in its proposed MEL. Finally, the Planning Board would like to thank Greg Ossont, Director, City of Gaithersburg’s Planning and Code Administration for his participation in the discussion of the Municipal Growth Element. We look forward to discussing the issues in more detail with you during the City’s Municipal Growth Plan work session.
Sincerely,
(signed)
Royce Hanson
Chairmancc: Greg Ossont
RH:cm:nm:ha
From the City’s website:
Agenda - Mayor and City Council Meeting, 1/5/2009 Posted 1/2/2009
City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETINGMONDAY, JANUARY 5, 2009, 7:30 P.M.
Full Meeting Package (pdf format - Large File: 11M)I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. INVOCATION
IV. APPROVAL OF MINUTES
Minutes of a Work Session of the Mayor and City Council Held December 8, 2008
Background Material (pdf format)Minutes of a Regular Meeting of the Mayor and City Council Held December 15, 2008
Background Material (pdf format)
V. CONSENT ITEMS
(resolutions for approval by the City Council that do not need discussion)Resolution of the Mayor and City Council Authorizing the City Manager to Enter Into a Contract to Purchase Sixty-One (61) M&P Handguns ($26,562)
Background Material (pdf format)
VI. APPOINTMENTS
Resolution of the City Council Confirming an Appointment and Reappointments by the Mayor to the Community Advisory Board, Cultural Arts Advisory Committee, Economic Development Committee, Environmental Affairs Committee, and Multicultural Affairs Committee
Background Material (pdf format)VII. PRESENTATIONS
Certificates of Recognition Presented to the Quince Orchard High School Marching Band
Background Material (pdf format)Certificates of Appreciation to Partners in the 2008 City Holiday Giving Program
Background Material (pdf format)
FY 2008 Comprehensive Annual Financial Report and Required Communication
Background Material (pdf format)VIII. 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)IX. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS
Upcoming City Events
X. FROM THE CITY MANAGER
XI. PUBLIC HEARING
An Ordinance to Amend Chapter 7A of the City Code Entitled “Ethics Code”, Section 7A-1 Entitled “Applicability of Chapter”, Section 7A-4 Entitled “Conflicts of Interest” and 7A-5 Entitled “Financial Disclosure Statements” to Amend Applicability, Gift Amounts and Filing of Disclosure Statements
Background Material (pdf format)XII. RECESS MAYOR AND COUNCIL MEETING
HISTORIC DISTRICT COMMISSION
I. Call to Order
II. Approval of Minutes
Minutes of a Historic District Commission Meeting Held December 15, 2008
Background Material (pdf format)III. Consent Item
HAWP-87D (SP-06-0012) — Applicant: Maria Glinsmann, 12 Russell Avenue, Request to Construct a 1,962 Square Foot, Two-Story Carriage House and Parking Lot (Extension of Historic Area Work Permit)
Background Material (pdf format)IV. Adjournment
XIII. RECONVENE MAYOR AND COUNCIL MEETING
XIV. POLICY DISCUSSION AND STAFF GUIDANCE
(discussion by the Mayor and Council about previous public hearing topics and other policy matters)
Resolution of the Mayor and City Council of Gaithersburg, Maryland, Approving an Application to the Maryland Department of Housing and Community Development Under its Neighborhood Conservation Initiative Program for Federal Neighborhood Stabilization Funds (Ready for Final Action)
Background Material (pdf format)
Resolution of the Mayor and City Council of Gaithersburg, Maryland, to Amend Section 61 of the City Charter Entitled “Prohibitions and Restrictions Regarding Persons in Classified Service” (Ready for Final Action)
Background Material (pdf format)Resolution of the Mayor and City Council of Gaithersburg, Maryland, to Amend Section 57 of the City Charter and Adoption of a Resolution Establishing New Administrative Purchasing Procedures (Ready for Final Action)
Background Material (pdf format)Resolution of the Mayor and City Council Adopting Purchasing Procedures for the City of Gaithersburg
Background Material (pdf format)XV. FROM THE ASSISTANT CITY MANAGERS, CITY ATTORNEY AND OTHER STAFF
XVI. ADJOURNMENT
ANNOUNCEMENT
Notice to the general public is hereby given that the Mayor and City Council of the City of Gaithersburg will conduct a Work Session on Monday, January 12, 2009, to receive a report and recommendations from the Ad Hoc Senior Center Committee.
EXECUTIVE SESSION ANNOUNCEMENT
Notice to the general public is hereby given that the Mayor and City Council of Gaithersburg plan to conduct a closed Executive Session at City Hall, Monday, January 12, 2009, immediately following the scheduled work session of the Mayor and City Council, pursuant to Section 10-508(a)(8), State Government Article of the Annotated Code of Maryland to discuss pending litigation. The purpose of the session is to consult with counsel, staff, and other individuals about pending litigation. The closed executive session will be conducted pursuant to a motion properly adopted during the session of the Mayor and City Council on Monday, January 12, 2009.
ANNOUNCEMENT
Notice to the general public is hereby given that the Mayor and City Council of the City of Gaithersburg will NOT conduct a regular meeting the week of January 19, 2009, due to Martin Luther King, Jr. Day and Inauguration Day.
THE NEXT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL WILL BE HELD MONDAY, FEBRUARY 2, 2009, 7:30 P.M. COUNCIL CHAMBERS, 31 SOUTH SUMMIT AVENUE