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From the City’s website:

Agenda - Work Session: Master Plan, Smart Growth Initiative, 2/9/2009
Posted 2/5/2009

City of Gaithersburg
WORK SESSION
Mayor and City Council
Monday, February 9, 2009
7:30 P.M.
Full Meeting Package (pdf format - 3.5M)

I. Call to Order

II. Announcements

III. Topics

1. JOINT - MP-2-08 - Municipal Growth Element, an Amendment to the 2003 Master Plan

   Background Material (pdf file)

2. Discussion With Montgomery County Officials on the Proposed Smart Growth Initiative (includes the acquisition and reuse of the GE and Finmarc Parcels in Gaithersburg)
   Background Material (pdf file)

IV. Adjournment

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 COMMISSION

OFFICE OF THE CHAIRMAN

December 22, 2008

The Honorable Sidney A. Katz
Mayor, City of Gaithersburg
31 South Summit Avenue
Gaithersburg, MD 20760

SUBJECT: 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:

1. 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.

2. 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.

3. 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.

4. 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

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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
Chairman

cc: 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 MEETING

MONDAY, 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

1. Minutes of a Work Session of the Mayor and City Council Held December 8, 2008
   Background Material (pdf format)

2. 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

1. Certificates of Recognition Presented to the Quince Orchard High School Marching Band
   Background Material (pdf format)

2. Certificates of Appreciation to Partners in the 2008 City Holiday Giving Program

   Background Material (pdf format)

3. 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

• Board/Commission/Committee Vacancy Update

• 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

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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

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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)

1. 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)

2. 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)

3. 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)

4. 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

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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 Work Session on Monday, January 12, 2009, to receive a report and recommendations from the Ad Hoc Senior Center Committee.

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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.

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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 NOT conduct a regular meeting the week of January 19, 2009, due to Martin Luther King, Jr. Day and Inauguration Day.

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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

I received the following email from Robin Ferrier; anyone with an interest in what is happening on the periphery of Gaithersburg might want to attend:

Dear Community Member:

Just a quick reminder for those of you who have gotten busy…

The Montgomery County Planning Department has two community meetings left for discussions about the Gaithersburg West Master Plan, which includes the Shady Grove Life Sciences Center and the Belward Research Campus. The dates and descriptions are as follows:

Wednesday, November 12, 2008

7:00 - 9:00 p.m.

Presentations on the Life Sciences Center, Corridor Cities Transitway, area-wide issues, and planning principles with break-out group discussions.

Tuesday, December 2, 2008

7:00 - 9:00 p.m.

Discussion of future Life Sciences Center districts, CCT stations, planning principles, design and density with break-out group discussions.

All meetings will take place at the Maryland-National Capital Park and Planning Commission’s Shady Grove Training Facility at 16641 Crabbs Branch Way in Rockville.

We hope you can join us! The M-NCPPC and Shady Grove Life Sciences Center property owners welcome your participation, ideas, and suggestions, and encourage you to attend all the meetings since the agendas will cover different issues. Please feel free to forward this email to any of your friends and neighbors who you feel might be interested in attending and participating in this public process. (I also have attached a flyer with details about the dates, times, and location for these meetings.)

For more information, please visit www.mcparkandplanning.org/planning/community/gaithersburg or contact Nancy Sturgeon at 301-495-1308 or nancy.sturgeon@mncppc-mc.org.

– Robin

Robin Ferrier
Communications Manager
Johns Hopkins University — Montgomery County Campus
9601 Medical Center Drive
Rockville, MD 20850
work: 301-315-2896
fax: 301-294-7010
email: rferrier@jhu.edu
web: http://www.mcc.jhu.edu

From the City’s website

Master Plan Items Currently Under Review:

UPDATED 2/2/2007: The City is requesting feedback on the Historic Preservation Element from citizens and interested parties, with comments to be directed to the Planning and Code Office. Printed copies of the Element are also available for review at City Hall during regular business hours.

• Historic Preservation Element - Draft (2.5M)

Note that the City has posted the video of last night’s meeting.

The meeting was about as low-key as it appeared from the agenda. Everything that was up for a vote was approved, with only some abstentions on the approval of some of the minutes. Items of note:

• Stanley Alster was elected Council Vice President
• Public appearances brought several people who spoke about day laborers and illegal immigrants. There were some responses and reaction to the previous meeting’s public appearances, especially as regards to the anti-solicitation ordinance and David Rocha’s performance. One speaker encouraged the City to make English the official language in the City, while another speaker reiterated her opposition to Mr. Halici’s appication to tear down the Talbott House.
• In the From the Mayor and Council segment, Mr. Schlichting raised the topic of sponsoring a Charrette to consider design issues related to the Kentlands commerical district, preferably by Spring of next year. This brought a fair amount of discussion, which was not universally supportive of the idea. The Mayor and most of the Council generally agreed that the Corridor Cities Transitway alignment (which Mr. Schlichting mentioned as one of the issues facing Kentlands) was important to the City, but there was some disagreement as to how much of a window was left for influencing the final alignment, and how the arrival of a new administration in Annapolis will affect the process. Other concerns included the funding of the Charrette process, whether the planning process should even be a Charrette, and the level of interest in this activity from the business and property owners in Kentlands.
• The City Manager, clearly in response to the the sign incident at the previous Council meeting, circulated to the Mayor and the Council members a statement of a new policy that he planned to post at the entrance to the City Council chambers. This new policy would state that, during Council meetings, participants would not be allowed to hold signs in such a way as to disrupt the proceedings or block the view of the audience or cameras. The Mayor and Council agreed with the plan, and Mr. Humpton noted that the Mayor had agreed to enforce the policy in future meetings. Unofficially, I expect that this will become known as “the Rocha rule”.
• Mr. Roman gave his presentation on the overcrowding and illegal occupation problem in the City. In the discussion that followed, Mr. Roman was asked several questions about enforcement. Apparently the City inspectors can only enter a private home to inspect if the owner consents. However, if there is probable cause — and formal and detailed complaints from the public, which are allowed to be filed anonymously, are important factors in demonstrating probable cause — the inspectors are able to obtain administrative search warrants, allowing them to enter and inspect a home without the owners consent. In addition to fines that may be levied against a property owner, which can be one-time fines or even fines that are levied for every day the property is out of compliance, the City does have the ability to condemn a property, making it illegal to occupy until the problems are corrected. Several among the Council expressed concern that perhaps the fines — often in the hundreds of dollars — are not high enough to act as an effective deterrent. In Mr. Roman’s presentation, one suggestion was that fines for repeat offenders be raised; and the sympathies of the Council were clearly in this direction, if not also to raise the fines for first-time offenders.
• In the discussion of the proposed financial assistance for the Bozzuto project, the principal concern was that the assistance would only be made available to purchasers who would be living in the property — that it was exclusively directed at encouraging owner-occupied housing.
• Regarding the defibrillator ordinance, the only substantiative question that I recall was whether this ordinance would also apply to swimming facilities; it was unclear that it did, and Mr. Felton promised to look into this. As it was a public hearing, one member of the public rose to speak in favor of the ordinance, and also to recommend that the City consider placing these units in police cruisers.
• The HDC convened largely to elect officers — in a remarkable coincidence, Commissioner Katz was elected Chair, and Commissioner Alster the vice chair — to approve three sets of minutes, and to state that they would be holding a closed executive session after the Council meeting.

Following is the Outcomes posted by the City:
Read the rest of this entry »

In addition to the public hearing for a new Garage at 17 Walker Ave, HPAC will consider:

• A courtesy review for:
  

  Applicant: Cheryl and Edward Hoiler
  10 Highland Avenue
  Request for New Garage

• Historic Preservation Master Plan Element. Discussion with Greg Ossont, Director, Planning and Code Administration, and Long Range Planning Team Members Rob Robinson and Kirk Eby
• Updates on:
  1. Olde Towne Day
  2. MAHDC Training October 10, 2006
  3. Impact Review Area
  4. GHDC Projects
  5. HAWP-37E

HAWP-37E is the request to demolish the Hair Bar. I have no idea what the “Historic Preservation Master Plan Element” encompasses. I’ve sent email to Greg Ossont to ask if there are any background materails.

Update: Following is a reply from Greg Ossont:

Several month ago HPAC reviewed a draft of the Historic Preservation Element for incorporation into the city Master Plan. Although it received a favorable review, the element was more of and inventory of historic and potentially historic properties. For the purposes of master planning, staff has revised the draft and attempted to prioritize the inventory. The idea of prioritizing will help staff and decisions makers during reviews of future projects. Since this is a change from how we’ve done things in past master plans and from what HPAC saw earlier this year, I wanted to afford some time to discuss the strategy, answer questions and receive suggestions. Attached is a memo I sent to HPAC regarding this issue

Let me know if you have any questions.

Greg Ossont, Director

Planning and Code Administration