4th Circuit rejects bid to turn Rockville zoning spat into constitutional claim #MaryvaleElementarySchool

Saying a zoning dispute does not create a constitutional crisis, a federal appeals court ruled Friday the Rockville City Council did not violate a self-storage company’s due-process and equal-protection rights by enacting an ordinance barring the construction of a facility near an elementary school.

In its published 3-0 decision, the 4th U.S. Circuit Court of Appeals rejected Siena Corp.’s constitutional challenge as “yet another attempt to circumvent the state’s legitimate interest in zoning law and land use policy.”

The ordinance, spurred by local opposition to the planned facility, prohibits self-storage buildings from being constructed within 250 feet of a public school lot. Siena argued the ordinance was unconstitutional because it was targeted specifically at the company, which was the only one planning to build such a commercial storage facility in Rockville.

But the 4th Circuit said Siena had ample opportunity to protect its interests as the ordinance was reviewed and debated before city agencies amid safety concerns about having one of the company’s ezStorage facilities near Maryvale Elementary School...

http://thedailyrecord.com/2017/10/13/4th-circuit-rockville-zoning-ezstorage/

Maryvale ES + City of Rockville + Storage Facility: [City] Council members who voted in favor of the [Zoning] Text Amendment primarily cited an interest in protecting public safety, specifically as it related to children.

SIENA CORPORATION, ET AL. v. MAYOR AND CITY COUNCIL OF ROCKVILLE, MARYLAND

This case comes to this Court as an appeal by Siena Corporation (“Siena”), a Maryland corporation, and Rockville North Land, LLLP, a Maryland limited liability limited partnership, appellants, regarding the adoption of Zoning Text Amendment TXT2015-00239 (“Text Amendment”) by the Mayor and Council of Rockville (“the City”), appellee. On February 26, 2015, Siena filed a complaint (“Complaint”) in the Circuit Court for Montgomery County alleging that the purpose of adopting Zoning Text Amendment TXT2015-00239 was to prevent the construction of a proposed self-storage facility. On the same day, Siena filed a petition for judicial review (“Petition”).
During the Petition proceeding on May 5, 2015, the City filed the “Administrative Agency Record.” Siena responded by filing a notice of failure to file complete record and a motion to compel filing of the record, production of the record, and to compel discovery. Also on May 5, 2015, the City filed a motion to dismiss Siena’s Petition. On May 12, 2015, Siena filed a motion to consolidate the Complaint and the Petition. On August 19, 2015, the City’s motion to dismiss was granted because the circuit court found that the Text Amendment was a legislative action rather than a quasi-judicial decision, and therefore, not properly before the court. The motion to consolidate was subsequently denied as moot. Siena appealed on September 17, 2015...

...For the reasons stated below, we affirm the judgment of the circuit court...

http://thedailyrecord.com/2016/09/29/siena-corporation-et-al-v-mayor-and-city-council-of-rockville-maryland/

Rockville just says "No" to Carver bus depot

ROCKVILLE – The mayor and City Council joined opponents of a plan to set up a temporary school bus depot at the Carver Education Services Center, voting unanimously Monday against the proposal.

The City Council voted 5-0 in favor of submitting a letter endorsing an April 8 memorandum authored by Board of Education member Philip Kauffman to the Montgomery County Council and County Executive Ike Leggett.

In the memo, Kauffman requested council members “delay their Declaration of No Further Need on the Shady Grove Transportation Depot” until a number of concerns “are clarified and resolved.”

“This would include the identification of both the interim and final solutions to our transportation depot situation, with a timeline and associated Capital Improvements Program funding identified for the permanent solution,” said Kauffman in the letter.

The Board of Education voted unanimously Tuesday to authorize the Board of Education President Michael Durso (District 5) “to write a letter to the county executive and the County Council to request implementation of a final solution for the relocation of all school buses before the current Shady Grove Transportation Depot is released for its intended use.”

City Council member Mark Pierzchala drafted the letter amended by City Council members Monday night and sent Tuesday morning.

Concerns listed in the letter signed by Mayor Bridget Donnell Newton include:

• The Carver site being in a city-designated Historic District;
• Noise, visual and air quality impacts from buses running within 50-100 feet of several townhouses;
• Traffic impacts on MD 355 and neighborhood roads;
• Hundreds of bus trips across the street from Montgomery College; and
• The plan not aligning with the city’s master plan.

...
 http://www.thesentinel.com/mont/newsx/local/item/3410-rockville-just-says-no-to-carver-bus-depot

BOE Member Wants Hold on Moving Buses Until Permanent Plans are Set

MCPS Shady Grove Transportation Depot by Parents' Coalition of Montgomery County, Maryland

City of Rockville: A Cell Tower on Every Corner

Montgomery County is doing the exact same type of "small" cell tower installations in residential neighborhoods, just with a lot less transparency.  Try and find out what is going on with Montgomery County on this issue and let us know.  In the alternative, wait until one of these "small" cell towers is installed in front of your house or outside your window.
 
The text amendment proposed by Verizon for the City of Rockville would allow for the installation of small cell antennas most anywhere in the city.  These antennas are typically about two feet square, or two by three feet round and can be placed on a pole in front of a home.  

The amendment that is being considered by the City of Rockville  does not address locations.  These units are placed by the carrier where they believe extra coverage is needed.  

Verizon has indicated to City of Rockville staff that new antennas would likely be placed along the lower Rockville Pike area of the City and in Town Center.  These units are located on existing structures – buildings, utility poles, light poles, etc.  Under the proposal, they must be located at least 15 feet off the ground.  The proposed text amendment is shown below.  The City of Rockville planning staff says they plan to take this item before the Planning Commission for their review and comment on May 11, 2016.  The public hearing will likely be in early June.

 

   ZTA ApplicationTXT00244 by Parents' Coalition of Montgomery County, Maryland

Rockville buries APFS changes

ROCKVILLE – In a twist to the debate over Rockville’s Adequate Public Facilities Ordinance and Standards (APFO/APFS) Monday night, Councilmember Tom Moore withdrew his motion to align with the county’s standards when Councilmember Beryl Feinberg  said she would vote against the motion.

Feinberg later took Moore to task for what she called “inaccurate” a social media post regarding her actions.
The Rockville mayor and City Council decided to delay action and wait instead for the outcome of County Councilmember Roger Berliner’s (D-1) forum on the county’s ordinance on March 7. The forum “is intended to serve as the beginning of a conversation about what is working well in our county and frankly, what is not working so well,” Berliner wrote in a letter to each member of the mayor and council...

 http://www.thesentinel.com/mont/index.php?option=com_k2&view=item&id=1639%3Arockville-buries-apfs-changes&Itemid=766

Opponents of Blair G. Ewing Center Demolition Plan Rally (VIDEO)

 Opponents of the Montgomery County Public Schools’ plan to demolish the Blair G. Ewing Center off Avery Road and replace it with a bus depot for nearly 400 buses are planning a rally on Thursday in front of the County Council building...

 http://www.mymcmedia.org/opponents-of-blair-g-ewing-center-demolition-plan-rally-video/

...Rockville’s Mayor Bridget Newton talked about the issue in this MyMCMedia Extra.

Jan. 15th: Community Meeting to Discuss MCPS Plans for Ewing Center becoming Bus Depot

Green shows Forest Conservation land at Ewing Center School

The community meeting to discuss the Board of Education's plan to demolish the 600 seat Ewing Center School and park 400 buses on Avery Road has been rescheduled for 

Thursday, Jan 15, 2015 
at 7pm

 

Melvin J. Berman Hebrew Academy (former Peary High School)

13300 Arctic Avenue 

Rockville, MD 20853

On-site parking available

 

 

 

 

 

 

 

Parents' Coalition posts about Ewing Center school, athletic fields and forest.

English Manor site neighborhood website.

Starr Clearing 7 Acres of Forest at Ewing Site to Make Way for Bus Depot #byebyetrees

Green shows 7 acres of forest at Ewing site.

On October 28, 2014, Superintendent Joshua Starr announced the surprise plan to use the existing Ewing school site for the new MCPS bus depot.

Just 20 days later, on November 17, 2014, the Montgomery County Board of Education voted to approve Starr's plan to shut down the Ewing school to make room for 400 buses at that site.

The Board of Education voted on the start of this plan without any details.  Who needs the details, right?

The Parents' Coalition thinks the details are important and so this week we have been providing the information that Superintendent Joshua Starr didn't deem important during the 20 days between his announcement and the first BOE vote.



1.  The Ewing school site includes an 8.5 acre park that was funded by the City of Rockville and the State of Maryland. That 8.5 acre park will have to go in order to make room for 400 school buses.

2.  MCPS needs 33 to 37 acres of developable land in order to park it's 400 school buses and offices currently at the MCPS Shady Grove bus depot.

3.  Superintendent Starr says he is using the 22.5 acre Ewing school site for the new bus depot.

Here's the 4th fact that Superintendent Joshua Starr neglected to tell the Board of Education:  The Ewing school site has a 7 acre Forest Conservation area.  7 acres of trees were put into a Forest Conservation area for the City of Rockville back in 1999.

Sorry, City of Rockville, that 7 acres of trees is going to have to go to make room for the 400 school buses that will be parking on this property.  Bye-bye forest conservation easement.

Superintendent Joshua Starr and Planning Board Chair Casey Anderson are meeting on a regular basis.  Starr shouldn't have any problem wiping out that 7 acre Forest Conservation Easement from 1999.

Yes, the easement was set up to last "forever and in perpetuity," but here in Montgomery County we know that "forever and in perpetuity" only means until someone shreds the document over lunch at a Rockville restaurant.   

   Easement by Parents' Coalition of Montgomery County, Maryland

Residents cite conflict of interest in storage facility battle

ROCKVILLE – The ongoing storage facility saga in East Rockville continued this week, now with an accusation of conflict of interest.

The mayor and City Council discussed a proposed zoning text amendment (ZTA) that would prevent self-storage within 250 feet of a school, including an approved ezStorage site near Maryvale Elementary School for which Siena Corporation already bought the land. Community activist Drew Powell also asked Councilmember Tom Moore to recuse himself because of a past campaign contribution from the lawyer representing Siena.

According to campaign finance statements, Robert Dalrymple contributed $100 to Moore’s bid for County Council. Powell called for Moore’s recusal based on a proposed recusal policy the mayor and council placed on the agenda – but did not adopt – at the Nov. 10 meeting.

Although the Rockville City Code dictates when an official cannot participate because of a “gift” that might cause conflict of interest, the definition of “gift” exempts political contributions.

Moore said the current law is intentionally worded so someone cannot strategically contribute to force them to recuse themselves...

 http://www.thesentinel.com/mont/index.php?option=com_k2&view=item&id=1440%3Aresidents-cite-conflict-of-interest-in-storage-facility-battle&Itemid=766

"Mayor and Council are acting in good faith, are acting with the protection of students in mind"

Once again Siena Corporation attended the [City of Rockville] Mayor and Council meeting last night and threatened to pursue all legal means at their disposal in order to turn a profit for their investors.
At issue now is a proposed Zoning Text Amendment(ZTA) that would prohibit self-storage as a use in several zoning classifications in the city if it is within 250ft of a public School.

 http://keepourschoolsandneighborhoodssafe.wordpress.com/2014/12/16/siena-corporation-threatens-to-sue-the-city-again/

City of Rockville Tricked

Take a look at this 2005 application for a special exception to build a cell tower on the Julius West Middle School playground.  The special exception application was filed by an employee of T-Mobile.

Julius West Middle School land is owned by the Montgomery County Board of Education.
The Board of Education is the legal owner of the land and is the party that would file for a special exception. Note the T-Mobile employee certifies that she has the authority to make this application.  What authority would that be?

Where was the Board of Education vote to approve this construction?  There wasn't one!

Under what authority can private companies file for special exceptions to build on public school land in Montgomery County?

Why did the City of Rockville spend any time processing this application when it wasn't signed by the property owner?

Ultimately, this application was withdrawn and the cell tower was never constructed, but what is to keep this from happening again? Can anyone file for a special exception to build on public school land in Montgomery County?

  2005 Julius West Ms Special Exception by Parents' Coalition of Montgomery County, Maryland

Nancy Navarro to City of Rockville: MCPS Parents Want Cell Towers on Public School Playgrounds

Why?

Why did Nancy Navarro make this representation to the City of Rockville in 2008.

The documents below are a submission from the Montgomery County Board of Education to the City of Rockville during their zoning code review in 2008. The documents were obtained through a Maryland Public Information Act by the Parents' Coalition.

One of the 5 issues that then Board of Education President, now Councilmember, Nancy Navarro brought to the City of Rockville was that their proposed zoning code would "effectively prohibit cell towers on school sites in the city."

The public comment from the Board of Education submitted with Ms. Navarro's cover letter stated: "Our parents have indicated a strong desire for the Board to maintain good wireless communications within the schools we operate for safety and security."

WHEN did parents ever advocate to the Montgomery County Board of Education for cell towers on public school playgrounds?

WHEN did the Board of Education ever take this position? If the Board of Education never took this position, why did Ms. Navarro put this statement in writing as the position of the Board of Education?

  2008 MCPS Zoning City of Rockville by Parents' Coalition of Montgomery County, Maryland

Growing (cellular) Trees in Rockville

Do you have children in a Rockville public school?

Our wonderful principals are already looking forward to next year, and how to make some cash!

Yes, if your student is at Wootton HS or Julius West MS, your principal has a plan.  Did you know about it?

Both schools will be planting cell phone trees on school property - to make a little cash.

Mark your calendar for May 20 at 7 pm at Wootton HS.  Parents of the Julius West community should attend too - since you are getting a similar deal, and many of you live right across Scott Drive from Wootton and  its lovely tower.

Didn't you know that money is tight?  Despite the County Council fully funding the Superintendent's request, apparently, the principals at JW and Wootton need more cash.  

The solution?  Cell phone trees on school property.

Can they do this?  They think so.

Really?  Haven't we been down this path before at Wootton?  Yes, we have - you can read all about it.

In 2004, the community objected, the project looked a little obtrusive, and the plan was scrapped.  Good thing, because how many of us have cell phone service with Cingular these days?  But now Cingular is part of AT & T and the company has an amazing deal all worked out with Dr. Doran - who has graciously decided to share this amazing deal with Julius West.  You can read about Wootton's deal in Dr. Doran's note below.

So -mark your calendars and attend the May 20 meeting.  Please be sure to ask Dr. Doran the following questions:

1.  When did our lovely Board of Education vote to allow a cell phone tower on the Wootton field?

2.  Who will sign the lease agreement (see #1)

3.  How much does Wootton get?  How much does each feeder school get - remember the cluster has six elementary schools and two middle schools that are part of the cluster).

4.   Who are the commercial vendors who will be part of the lease agreement and how will you check who has access to the school?

5.  Is the tower really going on your brand new artificial turf field?  Or are you thinking about removing some of the surrounding trees (don't even try, its public parkland) or parking spots?

6.  What can you tell us about the back up generators?  How often are they tested?  Do they require fuel delivery?

7.  Will you register the site with the fire department as a HAZMAT location?

8.  What other local permits are required before this plan goes forward?

9.  How many teachers can you hire with the cell phone revenue stream?

While I know Dr. Doran will have ALL the answers at the meeting, you may want to contact him in advance to share your thoughts.  He can be reached at  301-279-8550 or Michael_J_Doran@mcpsmd.org.

We will share information about the JW cell phone project as soon as it is available.

From: "THOMAS S WOOTTON HIGH SCHOOL" 
Sent: Tuesday, May 13, 2014 3:30:10 PM
Subject: cell tower

A message from THOMAS S WOOTTON HIGH SCHOOL

Greetings from Wootton…  We have been approached by AT&T and its contractors about the possibility of having a cell tower installed in our stadium.  We’ve already met with them, as well as the folks from MCPS Real Estate management division.  The school and it’s feeder school would receive a revenue stream for the next 10 years.  With ever-shrinking budgets at every level, this revenue would go a long way in supporting the work we do here at Wootton as well as our excellent feeders.  We’d like to reach out to our community to get your thoughts on the project.  In an effort to do so, we’re holding a  meeting in our media center on 5/20 at 7:00pm  Representatives from AT&T and Site Link Wireless Inc. will be on hand to answer any question regarding this proposal.  Please don’t hesitate to contact my Business Administrator, Philip Hill 301-279-8559,  if you need further information.

TunedIn - the Show will Go On

You've really got to admire the folks at Wootton and BBYO for continuing with their plans to hold an outdoor concert on the Wootton property.  Joel Osteen already cancelled his Night of Hope, oringinally planned for tonight at Nationals Stadium, and have rescheduled for tomorrow night.  and his group.

Who has a better line to the almighty one? 

As for the Wootton BBYO stuff, this is consistent.  We are so right, we more than anyone else.  Permits - nah, who needs them.  Noise - we'll take the risk.  After all this is a civic engagement activity, and what better way to learn civic engagement than by breaking all the rules..

Right now - 2 pm Rockville time, the sun is shining, and the bands are doing their sound checks.  Come on over to Frost Hill, get your parking spaces now, and hear the concert for free.

For those who are venturing over to the concert tonight - here is some additional advice - you don't need to wear your mudboots, because the concert has been moved over to the Wootton Parking Lot.  Remember not to drink - water or anything else - because Wootton will onl

Parents - have no fear, we're sure that the 10 rent-a cops and the 5 security staff from Wootton will be able to maintain order.   And keep the traffic flowing on Wootton Parkway too!

Read the weather report and be sure to dress accordingly. 

6 PM	Showers	55°	55°	3 mph E	48%	60%	0
7 PM	Showers	54°	54°	3 mph E	50%	60%	0
8 PM	Showers	52°	52°	3 mph E	54%	60%	0
9 PM	Showers	51°	51°	2 mph E	60%	60%	0
10 PM	Showers	49°	49°	2 mph E	67%	60%	0
11 PM	Showers	48°	48°	2 mph E	75%

The Neighbors Tune Out on TunedIn at Wootton

Here is the email sent around to members of one the the homeowners associations adjacent to Wootton HS and its TunedIn/ BBYO concert this Saturday April 28.

On Saturday, April 28th, Wootton High School will be holding a concert  
titled "Tuned In: Be the Voice that Rocks the World," a concert  
promoting political activism and civic engagement. This concert will  
be featuring many politicians, CNN's John King, and the musical groups  
Timeflies and Third Eye Blind. The Wootton High School Student Council  
is sponsoring this event and has informed us that there will be a  
higher than normal noise level through the evening.  The event will  
start at 8 p.m. and be over by 11:30 p.m.  Please plan accordingly.   
We will be locking the pool parking lot gate to prevent unnecessary  
traffic through the community that evening.

Yes, you are reading it right.  Bring earplugs, lock the gates, the kids from Wootton are coming!!

Wootton HS is such a good neighbor.  Civic engagement?  Political activism?  Not needed, just lock the doors and look the other way.

Two questions.

1.  Why isn't the community selling parking spots for this concert?  I bet the communities could raise enough money from parking at $25 a car to completely fund and outfit the swim team in new gear for the season?

2.  What type of notice went out to the adjacent communities that do not have a homeowners association?   Individual emails or no notice?  Bet those families off Scott Drive and Monterra Court will be surprised - unless they are planning on selling parking spots.

Planning Commission Blunder Results in Project Approval

Twinbrook Safeway in Jeopardy
JBG's latest project for the redevelopment on 1800 Rockville Pike (the Safeway project) has been working through the City of Rockville Planning Commission process for approval.

On Wednesday, April 11, we learned that the City of Rockville Planning Commission inadvertently approved the development in toto on March 28 without knowing that they did, and effectively gave the developer eveything they asked for.
During discussion on the project, the Commission voted 3 approval, 2 denial, and 1 abstention to approve the project. The Commission then continued to take votes, ask for testimony, and issue instructions to city staff, concluding the discussion with a 5-1 vote to table the project while further information was gathered. No commissioners protested the 3-2-1 vote or questioned its validity. The City staff, including the Commission's City attorney, continued to participate in the discussion. The Commission was clearly concerned about the APFO impacts, including the traffic congestion and school overcrowding generated by this proposal, especially since JBG was requesting a parking waiver and was pressing its view that residents of its new apartment building could share parking and use Metro parking.

There are at least 5 developments we know that may be coming to the area around the Twinbrook Metro. The Mayor and Council is looking at a development requiring approximately 2000 parking spaces to be built under current City guidelines. That developer, at the strip mall that includes the Fuddruckers and the Pier One, also asked to be exempted from building some of the mandated parking and be allowed to build 3 extra floors (15 stories total). The Planning Commission did NOT approve that request, but because of its size, it went to the Mayor and Council. It appears at this point that the Mayor and Council will may well grant that parking waiver, as well as all of the developer's other requests.

In the context of all these projects going concurrently through City process, the Planning Commission (after the 3-2-1 vote) asked Staff to re-evaluate the school numbers not only for JBG's projects but for all the planned projects. We are unsure at this time if Staff is actually going to perform the evaluation since the request occured after the botched vote as part of the deliberations that the City attorney says cannot be part of the public record on the project.

The project that the Planning Commission inadvertantly approved on March 28 includes a Safeway that will directly face the Twinbrook Metro entrance on the Chapman Avenue side of the Metro. Numerous employees of Safeway have expressed concerns that the Twinbrook Safeway is in the process of being shut down.

We have told the Planning Commission that shutting our Twinbrook Safeway will be a hardship not only to some residents of the Twinbrook community but also deprives many people who come to the Safeway by bus from other neighborhoods along Veirs Mill of a convenient mainstream grocery. Going north, the next grocery store is Giant in Hungerford, going south you have to get to the shops at Randolph and Veirs Mill for food, and the next major grocery store is in Wheaton. Otherwise, traffic from Twinbrook to grocery stores such as Giant and Target on Rockville Pike must cross the Metro tracks on Twinbrook Parkway. JBG also plans to build another residential tower with a Walmart close to that intersection.

The TCA was pleased that the Planning Commission had tabled the 1800 Rockville Pike project on March 28, wisely seeking additional information and public comment on the project, and planning to continue discussion on April 11. Commissioners Trahan, Hadley, Hill, and Cook expressed concerns that were to be addressed on April 11.

Therefore, on April 11, the TCA was surprised when Planning Commission Chair David Hill opened the meeting with a discussion about a problem with votes taken at the March 28 meeting. The City attorney concurred with JBG's attorney that a 3-2-1 vote on March 28 had actually approved the project and that all the additional votes taken by the Commission were moot. The project could go forward even though the Planning Commission did not understand the consequences of their actions and none of the pertinent issues expressed by commissioners were addressed. Chairman Hill expressed reservations about the city attorney’s interpretation of the legalities surrounding the vote. (TCA will review the Planning Commission tape and check into the decision)
The TCA is dismayed that a major project appears to be have been inadvertantly approved without any major problems being addressed by the responsible body. The neighborhood will bear the brunt of this slip-up while the developer will get everything they wanted.

Unfortunately, this does not appear to be an isolated incident in Rockville concerning problems with procedures, policies, and effective governance. Recently, the City has faced several lawsuits about the APFO and complaints/concerns about employee relations, open meetings requirements, appointments to boards and commissions, etc.

The TCA will continue to stay on top of this situation and hopes the City will work to improve its knowledge of and adherence to rules and regulations to better serve our community.

Sincerely,

Christina Y. Ginsberg
President, Twinbrook Citizens Association

"A perceived conflict between the ordinance and standards landed the city in court in October."

Gazette:  Rockville councilman proposes revisions to city development law

...Former Rockville mayor Larry Giammo requested in the Circuit Court for Montgomery County a review of the Oct. 26 Rockville Planning Commission approval of a site plan for Silverwood/Shady Grove LLC. Giammo argues the ordinance says Rockville Planning Commission should decide school capacity and the standards says that decision is up to Montgomery County Public Schools, putting the two documents in conflict. The city is defending its decision in court...

4 Story Elementary School for Rockville

Gazette:  Rockville residents reach a stalemate in plans for new school site

...All four options include building a 740-student elementary school on the 7-acre property...

Madaleno's "Rockville Smackdown" Bill Withdrawn

Remember the bill that Senator Madeleno introduced to strip the City of Rockville of zoning authority with regard to the placement of classroom trailers?


As of today, the bill has been withdrawn.