Local
Critics: New plan could undermine developer requirements
September 29, 2008
A plan to bring live music to Silver Spring gives Montgomery County’s police department the power to skirt county development guidelines and asks police to make essential planning decisions previously entrusted to council and planning board members.
The proposed change to county zoning policy comes as part of a controversial package that would set the stage to open a Fillmore music facility in Silver Spring. Montgomery County Executive Ike Leggett has strongly urged county council members to approve funds and zoning changes necessary to bring a Live Nation music hall to the site of the old J.C. Penney store on Colesville Road, owned by the Lee Development Group.
While a Fillmore banner is already draped over the property, council members have not yet approved the zoning changes Leggett and the property owner are seeking to build the venue.
Leggett wants to allow police to cancel pedestrian pathways recommended in certain area development master plans if police deem the path unsafe. Some council members are concerned that Leggett’s changes would allow developers to avoid building walkways, by submitting obviously unsafe proposals and requiring police to approve or reject them outright rather than suggesting alternative plans.
The change “would give a developer an incentive to propose a poorly designed [path] as a means of getting it removed by the Police department,” according to a memo from council legislative attorney Jeff Zyontz.
Senior Leggett aide Diane Schwartz Jones said outlining the recommended pedestrian paths can sometimes be pointless exercises to conform to development guidelines, rather than well-thought-out uses of space.
“Having a path for the sake of having a path doesn’t really make sense,” Jones said. “In this case, you’d have a pedestrian trail that would go through an alley, dogleg and do whatever.”
Montgomery Councilman Marc Elrich said it was “absurd” to have police officials making decisions that could bypass the recommendations of county development plans.
“[The developers] are getting a sweetheart deal on the use of this property,” Elrich said. “We’re taking a master plan and adjusting it for these guys.”
The proposed change to county zoning policy comes as part of a controversial package that would set the stage to open a Fillmore music facility in Silver Spring. Montgomery County Executive Ike Leggett has strongly urged county council members to approve funds and zoning changes necessary to bring a Live Nation music hall to the site of the old J.C. Penney store on Colesville Road, owned by the Lee Development Group.
While a Fillmore banner is already draped over the property, council members have not yet approved the zoning changes Leggett and the property owner are seeking to build the venue.
Leggett wants to allow police to cancel pedestrian pathways recommended in certain area development master plans if police deem the path unsafe. Some council members are concerned that Leggett’s changes would allow developers to avoid building walkways, by submitting obviously unsafe proposals and requiring police to approve or reject them outright rather than suggesting alternative plans.
The change “would give a developer an incentive to propose a poorly designed [path] as a means of getting it removed by the Police department,” according to a memo from council legislative attorney Jeff Zyontz.
Senior Leggett aide Diane Schwartz Jones said outlining the recommended pedestrian paths can sometimes be pointless exercises to conform to development guidelines, rather than well-thought-out uses of space.
“Having a path for the sake of having a path doesn’t really make sense,” Jones said. “In this case, you’d have a pedestrian trail that would go through an alley, dogleg and do whatever.”
Montgomery Councilman Marc Elrich said it was “absurd” to have police officials making decisions that could bypass the recommendations of county development plans.
“[The developers] are getting a sweetheart deal on the use of this property,” Elrich said. “We’re taking a master plan and adjusting it for these guys.”
