A controversial proposal to bring live music to Silver Spring was all but complete Tuesday after Montgomery County Council members signed off on changes to some land use policies necessary to seal the deal with a developer.
Over the past year, Montgomery County Executive Ike Leggett has pushed council members to approve funds and zoning changes necessary to bring a Live Nation Fillmore Music Hall to a former J.C. Penney store site on Silver Spring’s Colesville Road.
A Fillmore banner is already draped over the property, but the Lee Development Group, which owns the site, sought special development considerations before donating the land to the county.
Some council members balked at one item that would give the police department the power to skirt development guidelines and remove pedestrian paths required by county plans if police felt the walkways were unsafe. Council Member Don Praisner amended the proposal to remove the police department’s role in making these decisions, but defined situations in which developers could occasionally skip requirements for paths.
Patrick Lacefield, spokesman for County Executive Ike Leggett, said Leggett was OK with the change.
“Planners shouldn’t plan an alley if nobody will use it because of safety concerns,” Lacefield said.
A few council members balked at another component of the deal that remained largely intact. Complex zoning rules also require developers to set aside “public use space,” typically outdoors, when building in certain areas. Leggett’s zoning changes would allow developers of some arts and entertainment properties to call the facility itself “public use space.” Some council members objected, because people will usually purchase tickets to enter the venue.
The council ultimately tweaked the policy to say planning board members would have to approve of an arts and entertainment exception in advance.
Councilmen Marc Elrich and Roger Berliner were the only two votes against the zoning changes, with Elrich accusing county leaders of changing policy to advance one particular project.
“I am sure artful writers will make this not look like spot zoning,” Elrich said. “But, I think there are troubling underlying issues with this project.”
