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From the City’s website:

Agenda - Planning Commission Meeting, 10/3/2007
Posted 9/25/2007

City of Gaithersburg
31 South Summit Avenue
Gaithersburg, Maryland 20877

Telephone: 301-258-6330

PLANNING COMMISSION AGENDA [Subject to Change]
Wednesday, October 3, 2007
7:30 P.M.
City Hall Council Chambers

APPROVAL OF MINUTES

September 19, 2007, Planning Commission Meeting
Background Material (pdf format)

RECORD PLATS

CONSENT

SP-05-0007 –   Washingtonian North
MXD Zone
10000 Washingtonian Boulevard
Infrastructure Plan
EXTENSION OF FINAL PLAN APPROVAL
and

SP-05-0008 — Washingtonian North Office Building 3
MXD Zone
10000 Washingtonian Boulevard
220,116-Sq. Ft. Office, Garage and
Lot 4 Improvements
EXTENSION OF FINAL PLAN APPROVAL
Background Material (pdf format)

AFP-07-032 — Watkins Mill Town Center
MXD Zone
Metropolitan Grove Road
Elevation Revisions
AMENDMENT TO FINAL PLAN REVIEW
Background Material (pdf format)

RECOMMENDATIONS TO MAYOR AND COUNCIL

AB-57 – Application to abandon 6,509 square feet of existing land area adjacent to Parcel P-936, east of North Summit Avenue; 3,851 square feet of land area abutting the southern boundary of Gaithersburg Elementary School; and 7,044 square feet of land previously dedicated for a 25-foot public alley adjacent to Lot 1, East Diamond Avenue, in the City of Gaithersburg, Montgomery County, Maryland
Background Material (pdf format)

T-381 – Application to amend Chapter 24 of the City Code (City Zoning Ordinance), Article III, § 24-160G.5, entitled, “Waiver of Development Standards,” so as to amend the waiver standards so that the City Council may, by resolution, waive the building and structure height requirements in the Corridor Development Zone (CD Zone) as follows: For a commercial district to allow a height not to exceed five (5) stories, or sixty (60) feet
Background Material (pdf format)

T-382 – Application to amend Chapter 24 of the City Code (City Zoning Ordinance), Article III, entitled “Regulations Applicable to Particular Zones,” Division 15, entitled, “I-3, Industrial and Office Park,” §24-143, entitled, “Uses Permitted by Right,” to add new §§ 24-143(12) and 24-143(13), so as to allow Full Service and Limited Service Hotels as Permitted Uses in the I-3 Zone if certain conditions are met
Background Material (pdf format)

Z-306 – Humane Society of the United States (HSUS)
Application to amend an existing sketch plan for approximately 10.49 acres of property on the HSUS property. The site is located east of I-270, south of the Professional Drive and north of future Watkins Mill Road extended. The application proposes up to 300,000 square feet of office development in structures between 6 and 12 stories, up to 250 and 300 residential units in structures between 6 and 12 stories, and structured parking
Background Material (pdf format)

SITE PLANS

SP-07-0012 – Fairfield West Deer Park – Phase One
CD Zone
2 West Deer park Road
Demolition of Existing Complex and
Construction of 315 Multifamily Units,

Amenities, Structured Parking
FINAL PLAN REVIEW
Background Material (pdf format - 12M)

SDP-07-002 – Washingtonian South Seven
MXD Zone

9711 Washingtonian Boulevard
Addition of 50,000 Square Feet
SDP AMENDMENT REVIEW
and
SP-07-0009 – Washingtonian South Seven
MXD Zone

9711 Washingtonian Boulevard
Two 8-Story Office Buildings and 5-Level Garage
FINAL PLAN REVIEW
Background Material (pdf format - 5.6M)

FROM THE COMMISSION

FROM STAFF

ADJOURNMENT

From the City’s website:

Agenda - Planning Commission Meeting, 9/5/2007
Posted 8/27/2007

City of Gaithersburg
31 South Summit Avenue
Gaithersburg, Maryland 20877

Telephone: 301-258-6330

PLANNING COMMISSION AGENDA*
Wednesday, September 5, 2007
7:30 P.M.
City Hall Council Chambers

APPROVAL OF MINUTES

August 8, 2007, Planning Commission Meeting
Background Material (pdf format)

RECORD PLATS

CONSENT

AFP-07-030 – Watkins Mill Town Center
MXD Zone
Metropolitan Grove Road
Minor Site Revisions
AMENDMENT TO FINAL PLAN REVIEW
Background Material (pdf format)

PI-B070243 & PI-B070238 — Absolute Mac
C-2 Zone
895 Quince Orchard Road
Icon Signage
ICON SIGN PERMIT REVIEW
Background Material (pdf format)

SITE PLANS

AFP-07-024 – Rolling Stock Park
CBD Zone
5 Summit Avenue

Park Plaza
AMENDMENT TO FINAL PLAN REVIEW
Background Material (pdf format - 3M)

CSP-07-001 – GE Technology Park
I-3 Zone

100 Edison Park Drive
Three Office/Warehouse Buildings
Totaling 202,175 Square Feet
CONCEPT PLAN
Background Material (pdf format)

FROM THE COMMISSION

FROM STAFF

ADJOURNMENT

* THE ITEMS AND PERTINENT INFORMATION ON THIS AGENDA ARE SUBJECT TO CHANGE AT ANY TIME.

The agenda below is from the City’s website. There’s a few potentially interesting items on the agenda. First is a public hearing on changes to the voter registration procedures in the City. What this is about is removing the City’s own voter registration list, which for some time was maintained separately from the master voter registration list used for county, state and federal elections. It has been so long since anyone has registered this way that there now is no one on that list, and they’d like to remove the charter provision that provided for it. This is likely not to change anything in fact. What is more interesting is the fact that this was noted in the process of determining whether there was any procedure in place to exclude non-citizens from registering to vote; as I’ve mentioned previously, the answer appears to be that only the threat of prosecution for perjury stands in the way of an illegal immigrant’s registration.

The second thing I’d call attention to is the latest update on the $25 million swimming pool the City plans to build in the Lakelands. I’ve extracted a few images from the background materials:

The third item of interest is an update to the Casey East SDP. Again, a couple of pictures from the background materials:

Agenda - Mayor and City Council Meeting, 8/20/2007
Posted 8/16/2007

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING

MONDAY, AUGUST 20, 2007, 7:30 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

Maxine Oliver, Baha’i Faith

IV. APPROVAL OF MINUTES

Minutes of a Regular Meeting of the Mayor and City Council Held August 6, 2007
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 Extend a Contract for Cleaning of City Facilities ($67,037)
Background Material (pdf format)

VI. APPOINTMENTS

Resolution of the City Council Confirming Appointments to the Board of Supervisors of Elections
Background Material (pdf format)

VII. OATH OF OFFICE TO BOARD OF SUPEVISORS OF ELECTIONS MEMBERS

VIII. PRESENTATIONS

1. Habitat for Humanity of Montgomery County MD, Inc.
2. Gaithersburg Aquatic/Recreation Center Schematic Plan Update
   Background Material (pdf format)
   

IX. 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)

X. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

• Upcoming City Events

XI. FROM THE CITY MANAGER

XII. PUBLIC HEARING

Resolution of the Mayor and City Council to Amend Section 27 of the City Charter to Modify the Procedures for Registering to Vote in City Elections
Background Material (pdf format)

XIII. RECESS MAYOR AND COUNCIL MEETING

---

HISTORIC DISTRICT COMMISSION

1. Call to Order

2. Approval of Minutes
   

   Minutes of a Historic District Commission Meeting Held June 18, 2007
   TBA - Background Material (pdf format)

3. Certificates of Approval

• HAWP-92C - Applicant: Michael Stumborg, 15 Walker Avenue, Removal of Rear Solarium/Replace with Enclosed Porch
  Background Material (pdf format)

• HAWP-109 - Applicant: Neang Lin, for Hak Srun Lin, 24 Chestnut Street, Expansion of Concrete Driveway
  Background Material (pdf format)

4. Policy Discussions

• HAWP-95A - Applicant: Irfan Khan, (Retroactive), 112 Meem Avenue, An Amendment to HAWP-95, Change of Materials/Window Style/Roof

  Background Material (pdf format)

• Historic Significance of 201 East Diamond Avenue, Applicant: Charles Blessing, for Inter-Continental Group, Demolition Permit
  Background Material (pdf format)

5. Adjournment

---

XIV. RECONVENE MAYOR AND COUNCIL MEETING

XV. 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 of the Mayor and City Council Authorizing the City Manager to Enter into a Contract for Stream Restoration Design Services ($84,065)
   Background Material (pdf format)

2. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Enter Into an Agreement With the Housing Opportunities Commission to Administer a Residential Redevelopment Homeownership Assistance Program for Residents Displaced by Residential Redevelopment ($400,000)
   Background Material (pdf format)

3. Resolution of the Mayor and City Council Awarding Matching Grants to Gateway Commons HOA, Kentlands Condominiums II (Town Homes), Kentlands Condominiums IV, Lakelands Ridge HOA, and the Gaithersburg Greater Historic District ($12,703)
   Background Material (pdf format)

4. Resolution of the Mayor And City Council Changing the Effective Date of Ordinance O-4-07 Adopting Section 15-9, and Providing for Future Changes to the Effective Date by Resolution
   Background Material (pdf format)

XVI. 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 to Amend Section 5 and Section 16 of the City Charter to Increase the Salary of the Mayor and the Members of the City Council and to Create a New Section of 5A of the City Charter to Require the Appointment of the Mayor and City Council Compensation Committee Every Four Years
   Background Material (pdf format)

2. SDP-07-001, Resolution of the Mayor and City Council of Gaithersburg Granting Approval of an Amendment to Schematic Development Plan, SDP-05-003, Known as Casey East (Parcels 360, 563 and N455) in Gaithersburg, Maryland. The Approved Plan is a Mix of Uses, Including 382 Residential Units, Office, Restaurant, Retail, Service Station, and Public Uses on Approximately 40.10 Acres of Land. The Current Application (SDP-07-001) Requests Approval to Redistribute the Number and Type of Dwelling Units Among the Three Residential Buildings, Reduce the Height of Building C From Seven to Five Stories, Reduce the Mixed Use Retail by 1,700 Square Feet, Increase the Senior Center From 10,000 to 29,500 Square Feet, and Amend the Phasing Plan. The Subject Property is Located Northwest of the Intersection of Maryland Route 355 (North Frederick Avenue) and Watkins Mills Road, Gaithersburg, Maryland
   Background Material (pdf format - 7.5M)

3. Z-305(o), An Ordinance to Rezone 8,673 Square Feet of Land From the Existing R-A (Low Density Residential) Zone to the R-90 (Medium Density Residential) Zone, Under the Optional Method of Rezoning, in Accordance with Section 24-196 Map Amendments) and Section 24-198 (Optional Method) of the City Code. The Property is Currently Known as Parcel 100, in the Oakmont Subdivision, Located at 100 Central Avenue, in the City of Gaithersburg

   Background Material (pdf format)

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

XVIII. ADJOURNMENT

---

ANNOUNCEMENT

Notice to the general public is hereby given that the Mayor and City Council of the City of Gaithersburg will NOT conduct a work session on Monday, August 27, 2007.

This Wednesday, February 7 2007, the Planning Commission will meet to discuss three topics: Minor revisions to the plans for Watkins Mill Town Center (if I’m reading it correctly, the developer wants to change the orientation of some rooftop decks), an issue regarding site plan requirements for older neighborhoods, and something — it’s unclear what, exactly, having to do with Crown Farm. Regarding the Crown Farm discussion, the only recent additions (from 1/26/07) to the Crown Farm Record are some emails between the city and some residents in the slice of unincorporated County between Washingtonian/Rio and Crown Farm; the residents are concerned about the impact of the Crown Farm development on their neighborhoods. The agenda does not make clear if this is the issue that staff plans on raising.

The site plan requirement issue is concerning, I think. Some of the older neighborhoods in the City were built before the CIty started to require site development plans; examples listed include Deer Park, West Riding, Rosemont, Walker’s Addition and Observatory Heights. There appears to be some concern that modifications, alterations and additions to homes in these neighborhoods require “nothing more than a residential building permit”, and thus there is not the opportunity for public input that exists in the newer developments in the City.

Personally, I think that there is a significant chance that many people purchased homes in these older neighborhoods specifically because of the lack of this intense sort of public scrutiny over what one can and cannot do with one’s property. I think that a change such as this would represent a taking of property rights, and I’m strongly opposed to its adoption.

SITE PLAN

AFP-07-002 –  Watkins Mill Town Center
MXD Zone
Metropolitan Grove Road
Elevation Revisions for Fairgate Townhouses
AMENDMENT TO FINAL PLAN REVIEW

Background Material ( pdf format: Large File - 7.5M)

DISCUSSION

T-373 — Single-Family Lot Review
Ordinance to Amend Zoning Ordinance § 24-168

Background Material (pdf format)

FROM STAFF

SDP-06-005 — Crown Farm
MXD Zone
Fields Road/Sam Eig Highway/Omega Drive

Mixed Use Development
Background Material

The City has published it’s Legislative Priorities for the 2007 session of the Maryland General Assembly. These are the things that, given their druthers, the City would have the legislature pass in the upcoming session. Key issues in here are:

• Yet more money for the Lakelands aquatic center
• More funding for the City police
• Funding for major transportation projects, specifically the CCT and the Watkins Mill Interchange
• Taxing authority issues: Exemption from the Metropolitan District Tax, authority to levy additional Hotel/Motel and Development Excise taxes
• Authority for a municipalities to be opt-out electrical aggregators. On the Takoma Park website, I found a PDF document from 2005 discussing this issue in detail. A couple of quotes from this document will go a long way toward explaining what they want to do:
  

  What is electricity deregulation?
  Generally, electricity deregulation refers to a state deciding that customers should be allowed to choose an electricity supplier by letting competition enter a market where only a regulated utility monopoly existed before. It is felt that the market forces of supply, demand, and competition will help to keep electricity costs low, and stimulate innovative new products and services that didn’t exist under regulation. Maryland began this process in 1999.

  So if there is supposed to be a choice of suppliers, why can’t we find any besides our existing utility?
  What has been found in every state where restructuring has been tried, including Maryland, is that competition only appears for large industrial customers. This is because electricity suppliers who try to recruit individual homeowners and small businesses quickly learn that the marketing expense is much too high per customer to make it worth their while, and they abandon the effort.

  What exactly is municipal aggregation?
  Aggregation in general refers to many customers joining together to form a buying group. Municipal aggregation refers specifically to the situation where a municipality organizes the pooling of its citizens to become the buying group. The municipality (or a group of them) then seeks out offers on behalf of its constituents to get a better price, terms and services than would be available to an individual.

  What is the “opt-out” part?
  If a municipality has to go out and recruit citizens to join the buying group (i.e. getting them to “opt-in” to the program), then just like when a business tries to do it, it is prohibitively expensive in time and money. Where aggregation can be successful is when it is allowed to be done another way using the so-called “opt-out” approach. This allows the city to publicly declare its intention to become an aggregating entity for its citizens through hearings and mailings, and all citizens are then included in the buying group unless they respond to the mailings or otherwise tell the municipality they wish to “opt-out” of the program.

  There’s a lot more detail in that document, but I think that this gives a pretty good idea of what’s going on. The document explains that forming such a buying group, where people would belong unless they explicitly bother to request exclusion, is not currently legal in Maryland; the proposed legislation is the thing that would make it legal to do this. It also asserts that the electrical utilities — PEPCO in particular — are opposed to this because it would force them to be more competitive.

Anyway, what follows is the complete text of the City’s 2007 legislative agenda, as posted on their website:

City of Gaithersburg State Legislative Priorities for 2007
Posted 12/27/2006

FUNDING

Regional Aquatic/Recreation Center - Bond Bill Needed for Construction

• Additional funding is needed to move forward with this project on Route 28 and Edison Park Drive that will serve both City and County residents.
• The project is now in design phase.
• Gaithersburg has committed $9.5 million.
• Montgomery County has committed $6 million.
• Crown Farm project developers have committed $5 million.
• $1 million bond bill is requested in the 2007 legislative session so we can move to the construction phase.

Police - State Aid Requested to Improve Public Safety

• Maryland provides $1,800 in state aid for each sworn municipal police officer. This figure has not increased since 1999.
• Additional state assistance is necessary for Gaithersburg to expand its force, which currently stands at 49 sworn officers.
• The Maryland Municipal League has made increasing this aid a key component of its legislative agenda.

TRANSPORTATION

Watkins Mill Road Interchange - Engineering Funds Need to be Increased

• The Watkins Mill Road Interchange at I-270 is critical.
• It will aid economic development and reduce congestion at one of the busiest intersections in Montgomery County
• The City and County are working with developers on the Watkins Mill Road extension.
• Gaithersburg recently approved a Road Participation Agreement that would provide for build-out in two years.
• Gaithersburg has secured 65% of the Interchange right-of-way at no cost to the state. Efforts are underway to secure the rest.
• The Interchange is in the engineering phase, but there are not adequate engineering funds earmarked for this project in FY 2008.
• The proposed Consolidated Transportation Plan only calls for $800,000 and the Department of Transportation notes that an additional $7.8 million is needed for engineering.

Corridor Cities Transitway - Make a Top Funding Priority

• Congestion on I-270 has reached intolerable levels.
• The Corridor Cities Transitway (CCT), which is supported by municipalities along the route, provides an effective light rail alternative to commuters.
• The entire right-of-way throughout the City of Gaithersburg is available for construction, and the land for the transit stations has been set aside.
• This project needs to be the next major transportation initiative in Maryland.

LEGISLATION

Metropolitan District Tax - Exempt Gaithersburg and Rockville

• Gaithersburg requests a Bi-County bill establishing that properties annexed into the City of Gaithersburg or City of Rockville since 1965 not be subject to the Metropolitan District Tax.
• This tax is used to support parks operated by the Maryland National Capital Park and Planning Commission.
• It has never been assessed on properties located within Gaithersburg or Rockville, but a recent County Attorney’s opinion has determined that properties annexed in either City should be subject to the tax.
• Both Gaithersburg and Rockville have their own extensive parks systems and recreational programs that are funded by the respective City’s property tax revenues.

Hotel/Motel Tax- Allow Municipalities to Assess

• The City of Gaithersburg currently has 14 hotels operating within City limits.
• They require additional public services such as police protection.
• Gaithersburg requests that enabling legislation be approved allowing municipalities to assess a 3% hotel/motel tax.
  
• Most counties and the City of Baltimore currently charge a hotel/motel tax, but other municipalities do not have the authority to assess a tax of this nature

Municipal Opt-Out Electrical Aggregation- Approve

• Deregulation has not produced meaningful competition in Maryland, and our residents’ electric utility rates continue to increase.
• Like municipalities across this State, the City of Gaithersburg would like to seek competitive bids from electric providers on behalf of our residents.
• We are requesting that the General Assembly approve municipal opt-out electrical aggregation this year.

Development Excise Taxes- Enact Enabling Legislation

• The City of Gaithersburg is supportive of Rockville’s request for enabling legislation that would permit municipalities to charge development excise taxes to assist in providing the infrastructure necessary to support new development

City of Gaithersburg
31 South Summit Avenue
Gaithersburg, Maryland 20877
Telephone: 301-258-6330

PLANNING COMMISSION ACTIONS

Wednesday, December 6, 2006

APPROVAL OF MINUTES

November 1, 2006, Planning Commission Meeting
Background Material (pdf format)

Approved

November 15, 2006, Planning Commission Meeting
Background Material (pdf format)
Approved

CONSENT

SP-05-0010 — Towns at Summit Woods
R-20 Zone
70 West Deer Park Road
130 Townhouse Development (TND Option)

EXTENSION OF FINAL PLAN APPROVAL
Background Material (pdf format)
Granted

SITE PLANS

AFP-06-052 — Rachel Carson Elementary School
MXD Zone
100 Tschiffely Square Road
Portable Classroom
AMENDMENT TO FINAL PLAN REVIEW

Background Material (pdf format)
Approved

SP-06-0011 — Riley Property
R-B Zone

10 Brookes Avenue
Conversion of Residence to Office with Parking
PRELIMINARY/FINAL PLAN REVIEW
Background Material (pdf format)
Approved with conditions

CSP-06-003 — One Bank Street
C-2 Zone
1 Bank Street
One-Story Bank with Drive-Thru Lane
CONCEPT PLAN REVIEW

Background Material (pdf format)
Approved with conditions

AFP-06-049 — King Kia Dealership
C-2 Zone
953 North Frederick Avenue

Sign Revision
AMENDMENT TO FINAL PLAN REVIEW
Background Material (pdf format)
Approved with conditions

AFP-06-025 — Watkins Mill Town Center

MXD Zone
Metropolitan Grove Road
Architectural Revisions
COMPLIANCE WITH CONDITION OF APPROVAL
Background Material (pdf format)
Approved with conditions

The City has published an outcomes document for this meeting, as well as the video.

The revised agenda for the Wednesday, November 15, 2006 meeting of the Planning Commission is available on the City’s website. Topics for tomorrow night’s meeting include the Adequate Public Facilities Ordinance (APFO), the change to the height restrictions in the CD Zone. Also up for discussion is an updated site plan for Watkins Mill Town Center:

APPROVAL OF MINUTES

October 18, 2006, Planning Commission Meeting
Background Material (pdf format)

Approved

CONSENT

AFP-06-045 — Kentlands - 348 Tschiffely Square Road
MXD Zone
(Tirtanadi Residence)

Two-Story Addition
AMENDMENT TO FINAL PLAN REVIEW
Background Material (pdf format)
Approved

SP-05-0011 — Summit Crossing

CBD Zone
North Summit & Park Avenue
Bozzuto Townhouse Redevelopment
EXTENSION OF FINAL PLAN APPROVAL
Background Material (pdf format)

Granted

RECOMMENDATION TO MAYOR AND COUNCIL

T-377 — Ordinance to amend Chapter 24 of the City Code, entitled, “Zoning,” so as to create a new Article XV, entitled, “Adequate Public Facilities,” so as to require that public facilities be deemed adequate to serve development which is subject to various land use and development approvals and to set forth applicable procedures and standards for the determination thereof and a regulation establishing traffic impact study standards

NOTE: no additional testimony will be taken at this time
Background Material I (pdf format)
Background Material II (Large File 4.7M pdf format)
Recommended deferral of action until additional information is provided

T-378 – Ordinance to amend Chapter 24 of the City Code (City Zoning Ordinance), Article III, § 24-160G.5, entitled, “Waiver of Development Standards,” so as to amend the waiver standards so that t he City Council may, by resolution, waive the building and structure height requirements in the Corridor Development Zone (CD Zone) as follows: for a residential district to allow a height not to exceed four (4) stories, or forty-eight (48) feet
NOTE: no additional testimony will be taken at this time
Background Material (pdf format)

Recommended adoption with a revision

SITE PLAN

AFP-06-047 — Observatory Heights 122/126 George Street
R-90 Zone

New Model, Grading/House Footing Revisions
AMENDMENT TO FINAL PLAN REVIEW
Background Material (pdf format)
Approved with conditions

AFP-06-025 — Watkins Mill Town Center MXD Zone

Metropolitan Grove Road
Architectural Revisions
AMENDMENT TO FINAL PLAN REVIEW
Background Material (7.3M - pdf format)
Approved with conditions

DISCUSSION

Plan #120070270 — Quince Trace Co. RT-8
(Formerly Christian Life Center)
Darnestown Road
45 Townhouses

Background Material (pdf format)
Staff to send letter with recommendations

Some outcomes of last night’s meeting:

• In the City Manager’s Day Laborer Report, Mr. Humpton told the Council that staff now believes that there is no viable location within the City for a day laborer center. He was preparing to suggest to the County that they (the County) were going to need to be more flexible in finding a location for this facility, and suggested that places such as Oakmont Avenue and the Airpark might stand a better chance. He also stated that the day laborer activity at 17 N Frederick needed to be shut down. Council offered strong support for these positions.
• The Crown Farm presentation went on just short of forever. Council and the Planning Commission kept their records open “indefinitely”.
• The anti-solicitation ordinance was introduced, with strong support from the Council. There was a bit of concern over possible unintended consequences.
• Alternative 2 (Olde Towne treated differently) of the affordable housing ordinance (T-379) was adopted by the Council.
• The 120-day deferral is dead. Were there to have been a motion to adopt it, it would have failed two (Alster & Edens) to three (Marraffa, Schlichting and Sesma).
• The bond bill is legislation that allows the State to borrow money for the City.
• The Council expressed willingness to consider providing financial incentives for the Bozzuto project, although concern was expressed about the possibility of this setting a precedent.

Several members of the public, as well as the Council members and the City Manager, expressed concern over recent gang activity. City staff has set up an internal task force to try to expand and improve the City’s response to the gangs, and they are attempting to get MCPS to work more closely with them on this issue.

Chuck Floyd showed up and took his three minutes at the podium to speak about illegal immigrants and crime. Largely it was a campaign speech, although he did do a reasonable job of sticking to matters relevant to the City Council.

Update: Nancy Trejos has an article in today’s Washington Post:

Gaithersburg officials abandoned plans last night to find a location for a county-funded day-laborer center in the city.

After more than a year of searching for a site acceptable to residents, the City Council agreed to send a letter to Montgomery County officials asking them to look elsewhere in the county.

[The City Manager] welcomed the county to find such a place in the city limits. “I don’t think that’s going to happen. I’ve been trying,” he said.

The City Council also agreed to consider later this month an ordinance that would strengthen its ability to ban loitering in an effort to keep the day laborers from continuing to congregate at the parking lot on North Frederick Avenue.

In addition, the council unanimously voted to require developers to set aside affordable housing for moderate-income and working-class families, despite objections from residents who said it could hinder economic development in some areas.

Actually, as far as I know, no residents — or even developers — expressed opposition to the ordinance itself. The opposition was toward having it apply in Olde Towne, which, as Ms. Trejos notes, didn’t happen:

The council decided to exempt from the requirements housing in the Olde Towne area, which contains the city’s main commercial district. In lieu of providing affordable housing units, developers would contribute to a housing fund set up by the city.

Update: The City has published an Outcomes document for this meeting, as well as the Video, two parts: Part 1, Part 2.

The agenda for Monday Night’s Council meeting is extensive — more than two dozen items in seventeen segments — so I’ll just hit a few highlights here. Refer to the agenda as posted on the City’s website for complete details.

• The City Manager’s Day Laborer Report. As this is the first meeting since the failure of the Festival site, I have no idea what Mr. Humpton might have to say here.
• Joint public hearing on SDP-06-005 for Crown Farm. I’ve discussed this previously.
• The draft anti-solicitation ordinance.
• T-379, affordable housing ordinance. Note that the latest background materials reflect the planning commission’s recommendation for alternative 2 of the ordinance, which treats Olde Towne as a special case. The planning commission also suggested that the ordinance “require affordable housing as Olde Towne approaches the same levels of vitality as the remainder of the City”, although this would happen automatically if my suggestion — that the ordinance merely be sensitive to the amount of affordable housing near any proposed project — were implemented.
• The 120-day deferral ordinance, which in my estimation is probably dead in the water, given the progress on T-379. One interesting aspect of this, however, is the list given in the background materials of all the redevelopment projects currently under consideration. This is yet another bit-mapped PDF, so what follows is OCR’d, and the original document should be consulted before commenting. I’m more or less familiar with almost all of the projects listed here except for the last one, for “redeveloping several blocks of North Frederick Avenue”. I find this quite interesting, because the entirety of North Frederick Ave is not much more than “several” blocks long in the first place. Such a project could have a major impact on what many people see as “Gaithersburg”.

  But my primary reaction to this is that it really is a sad state of affairs; it is a litany of failure, uncertainty and stalemate. Money continues to flow into greenfield developments such as Crown Farm and Watkins Mill Town Center as if it were water over the Niagara. But when it comes to Olde Towne revitalization, we see at best a slow drip from a leaky faucet, most of it evaporating before it can serve any useful purpose. At this rate, I don’t think that the Planning Commission really has to worry all that much about Olde Towne “[approaching] the same levels of vitality as the remainder of the City” any time soon.

  West Deer Park Apartments (198 units)-RST Development has indicated they can not move forward with this redevelopment due to adjustments in the housing market and high costs of materials.

  Executive Garden Apartments (85 units)-Property was recently purchased, and developer has showed staff a concept plan for redevelopment. Concept plan shows 78 townhouse units. Staff has told the developer that we believe the plan is too dense, lacking green space, and is severely under parked. Developer maintains that this project will only be economically viable if he can build 78 units. To date, formal application has not been submitted.

  Water Street (52 units)-The same developer that purchased Executive Gardens has 52 units on Water Street under contract. While he has not yet produced a concept plan, he recently indicated that he would not move forward with purchasing the properties unless the City was supportive of the density he was proposing for Executive Gardens.

  Stratford Place Apartments (350 units)-Property owner has requested that the Mayor and City Council approve a text amendment that would allow a waiver for four stories in the residential portion of the CD zone. This text amendment is scheduled for policy discussion on December 4, 2006. If the text amendment is approved, the property owner has indicated he will be filing a request for rezoning and a schematic development plan requesting approval of a mixed-use residential development including townhouses, apartments, and two-over-two condominiums.

  East Diamond Avenue consolidation (73 units)-Staff is still working with a developer and the property owners of three small apartment complexes who would like to redevelop this area with fairly high density apartments. During a work session on May 30, 2006, the City Council indicated general support for the project but expressed concern about the scale and density of the project. To date, no application has been submitted.

  Frederick Avenue consolidation (75 units)-Several months ago, staff met with a group of developers that expressed an interest in redeveloping several blocks of North Frederick Avenue that included several commercial buildings and 75 apartments. To the best of staffs knowledge, the developer does not have the apartments under contract and has not prepared a plan.

• Proposed Legislative Priorities for the 2007 General Assembly Legislative Session. Most of what is listed in the background document seems pretty straightforward, and I’m happy to see a couple of items in there about increasing funding for public safety. However, I’m quite curious about the first listed item:
  

  A bond bill for City Capital project(s).

  What could this possibly mean? The City is not especially given to borrowing money for capital projects, and in fact they have frequently been criticized for not doing this. Does this item indicate a change? Or am I completely missing their intent here?

• Financial incentives for the Bozzuto project on North Summit. That project is currently languishing, with nothing but bulldozed dirt and a sales office at the corner of Park & Summit (as of this writing the local.live.com image shows the corner before the houses were torn down). It’s being proposed that the City would provide such incentives as down payment assistance to prospective buyers of homes in this new project. Will we ever see an unsubsidized redevelopment project in Olde Towne again?

The City has posted the outcomes of the September 20 meeting of the Planning Commission. All items on the agenda (which I summarized here) were approved, along with eight plats for Watkins Mill Town Center, also known as Casey West.