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Planning and Land Use Committee
Current Issues
  • On 4/17/12, Zoning Text Amendment 12-07 introduced in Council re Special Exceptions for
Automobile Filling Stations, to require they be a minimum distance from certain other land uses; the
Council's public hearing is scheduled for June 19 at 7:30 p.m.

  • As part of their approval of the Planning Department work program outlined in the Spring 2012
Semi-Annual Report of the Planning Board, the County Council on April 10 approved a new
application process for minor master plan amendments.  Property owners and community groups in
the county interested in addressing issues of land use, zoning or other community priorities in their
neighborhoods may now submit applications for minor master plan amendments to be considered by
the Planning Board and County Council. (click to view press release or access online application form)

  • On 5/3/12, Planning Board held hearing on proposed ZTA on Accessory Apartment prior to
sending to Council for introduction (click to view staff packet including text or MCCF written comments)
but deferred action awaiting revision of proposed ZTA (click to view MCCF position adopted 5/14/12)

  • Civic Federation sent letter to county officials urging resignation of Planning Director
-  On March 12, 2012, the Montgomery County Civic Federation sent a letter to the Planning Board
Chair Francoise Carrier and other government officials, urging the resignation of Rollin Stanley as
Planning Department Director.  The issue was prompted by offensive remarks made by Mr. Stanley as
reported in the March-April issue of Bethesda Magazine, the latest in a pattern of behavior which has
troubled members of the Federation for years.
(click to view a copy of the MCCF letter) or (click to view Federation Corner column "Problems with
county Planning Director", or follow-up column "More on the Planning Director")
-  posted 3/21/12 on Planning Department website homepage:
"Planning Director retraction - Director Rollin Stanley addresses recent statements printed in
Bethesda Magazine and emphasizes the need for public discussion in planning"
(click to view Planning Director's retraction); Stanley resigned effective mid-May 2012

  • The Pipeline of development projects (those approved by the Planning Board but not yet
built) was compiled by Planning Department in November 2011, as well as a breakdown of totals by
community and a list of projects removed from pipeline (click to view pipeline packet)

  • Package of legislation on "big box" stores introduced in Council on 1/31/12; Council public
hearing held 3/20/12; PHED Comm. worksession held 3/26/12
(click to view ZTA 12-01 re large retail stores in C-4 Zone mixed-use projects near Metro stations; ZTA
12-02 to permit combination retail stores in C-2, C-3 and C-4 Zones if in regional shopping center or
within 1/2 mile of a Metro station, and allow them by Special Exception in same zones in other
locations; or Bill 4-12 re large retail stores meeting wage and health insurance requirements under
certain circumstances, or click to view MCCF testimony at Council hearing)
- On 4/10/12 Council approved ZTA 12-01

  • On 1/24/12 MCCF testified before County Council in opposition to Bill 39-11, to exempt from
development impact tax (for transportation) and school impact tax certain multi-family residential
projects (click to view staff packet including estimate that Bill could cost the county $57 million, or to
view MCCF testimony)

  • On 1/24/12 MCCF presented County Council our concerns on ZTA 11-08, to allow
commercial kitchens as accessory use to certain service uses allowed without Special Exception in
R-60 and R-90 residential Zones (click to view staff packet or MCCF comments)

  • Healthy and Sustainable Communities: A Framework for Action, report from the County
Department of Environmental Protection and the Planning Department, released September 2008
(click to view report); Planning Board discussed progress on indicators 7/14/11 (click to view memo)

  • Department of Housing and Community Affairs sought public input on Housing
Policy update
DHCA sponsored two public meetings (November 30 and December 1) to hear from residents and
organizations interested in contributing to the update of the 2001 Housing Policy.  For those unable to
present comments in person, DHCA accepted written comments through December 15.  The
Department expects to transmit their recommended 2012 Housing Policy to the County Council in
January, after which the Council will schedule a public hearing.

(click to view November 21st DHCA press release, which includes information on submitting written
comments, or to view written comments submitted by MCCF)

  • On April 28, 2011, Maryland Dept. of Planning released draft "Plan Maryland," for future
growth of state; 8 public forums held during public comment period that ran through Sept. 1 (click to
view press release, or Executive Summary, or state website with access to full draft plan)
-  September 2011 the Dept. released a revised draft of Plan Maryland (click to view revised draft)
-  On 10/27/11 staff briefed Planning Board on draft revision changes in response to comments
provided by the bi-county Park & Planning Commission; Board agreed to join County Executive and
Council President in signing a Joint Letter to state (click to view staff packet )
-  On 10/28/11 County Executive, Council President & Planning Board sent Joint Letter on revised
draft version of Plan Maryland to state Dept. of Planning (last 2 pages of Board staff packet above)

  • Semi-Annual Reports of Planning Board presented to County Council -- includes
schedule for work on master plans and other major projects, which Council must approve
(click to view Fall 2010 Report, or Spring 2011 Report, or Fall 2011 Report - see pg. 12, or amended
Fall 2011 work schedule approved by Council 12/6/11 - see chart on pg. 4), or Spring 2012 Report

  • Zoning Ordinance Rewrite Project (see also new CR zoning--next bulleted item)
-  (click to access Planning Department's Zoning Code Rewrite Project webpage  that includes a list of
meeting dates for the Zoning Advisory Panel)
-  Code Studio, consultant, released draft Agricultural and Residential zoning in Oct. 2010
(click to view draft Ag/Res Districts language and proposed District Conversion chart)
-  Development Patterns section (Div. 4-4) of draft Residential District pulled for long-term study
on Dec. 7, 2010 (click to view email from Planning Department)
-  Code Studio released draft Ag/Res Districts "Use and Use Standards" and "Definitions"
sections on Dec. 8, 2010 (click to view Use & Use Standards and Definitions)
-  Council briefing on Project on 1/18/11 (click to view packet with Planning Director's memo)

  • Inspector General claims West Germantown developers reimbursed twice for
building pumping station and water main
In a report released March 14, 2011, Inspector General Tom Dagley asserts Artery and Arcola, the
developers of subdivisions in the West Germantown Development District, were reimbursed twice for
building required water infrastructure--once by WSSC and once by the county, via issuance of a bond
to be repaid by property owners through a development district tax. (click to view IG report)

  • County signed Economic Development Agreement with Westfield Wheaton Plaza in
March 2011
In early March 2011, County Executive Isiah Leggett and Dept. of Economic Development Director
Steve Silverman signed an agreement with Westfield Corporation (aka Wheaton Plaza Regional
Shopping Center LLP)) for the county to give a $4 million Conditional Grant ($2 million in FY12 and $2
million in FY13) for use in preparing the old Hecht's store site as location for a new Costco store.  
Council approved $2m funding in the FY12 County Operating Budget.

  • CODE ENFORCEMENT LEGISLATION PENDING IN COUNCIL (see Archives for enactments)
-  Bill 22-09, Violations - Appeals, introduced in Council 5/4/09 (click to view Bill); hearing held on
6/9/09 (click to view MCCF testimony); at 10/3/11 session PHED Committee voted to recommend
approval with amendments; Council approved w/amendments 10/18/11 (click to view approved bill)
-  Bill 24-09, Building Permits and Inspections, introduced in Council 5/4/09 (click to view Bill); hearing
held on 6/9/09 (click to view MCCF testimony); PHED Comm. held worksession 10/3/11 and decided
not to report out bill for full Council action, since ZTA 09-03 as approved now requires Use and
Occupancy Permits for single-family detached home construction--see Archived Issues

  • On 6/14/11 MCCF presented County Council our concerns on Bill 16-11, Noise Ordinance
amendments for urban areas (click to view MCCF testimony)

  • Chelsea School site rezoning, Limited Map Amendment G-892 - The school has stated
its intention to relocate and sell the property at 630 Ellsworth Avenue, Silver Spring. The developer
who has contracted to purchase the site applied for rezoning of the property from the R-60 Zone to
RT-15 (townhouse) Zone; the neighborhood association requested MCCF help and support in
opposing the rezoning that would allow 76 townhouses in addition to the existing historic home on the
site, and on 4/20/11 the MCCF Executive Committee voted unanimously to oppose
-  On 5/19/11 the Planning Board held a hearing and, on a 4 to 1 vote, recommended County Council
approve the rezoning with conditions (click to view MCCF testimony)
-  Hearing Examiner held hearings on 5/26, 6/6, 6/27, 6/30 and 7/18/11; MCCF testimony to Planning
Board was included in record and PLU Committee Chair Jim Humphrey testified on 6/6 as an
individual; Hearing Examiner recommended Council remand back to HE for project redesign (click to
view Humphrey testimony)
-  On 10/18/11 the Council heard Oral Arguments from Applicant and opposition; voted 5 to 4 to
remand back to HE to revise project plan "to have less density and more breaks in the massing" in
order to be more compatible with the surrounding neighborhood, and to consider the appropriate size
of the environmental setting for the historic Riggs-Thompson House located on the site (click to view
Council Resolution for Remand)
[NOTE: LMA rezonings are ex parte issues; communication with Councilmembers is prohibited by state
law.]

  • Draft of new Transportation Policy Area Review (TPAR) transmitted to Council in April
2010; action pending.  The TPAR tests would replace the current Policy Area Mobility Review (PAMR)
and be used in growth policy--now called the Subdivision Staging Policy--to determine how much new
development can be accommodated by roads and transit in each county planning area.  (click to view
PowerPoint presentation on draft TPAR given to Planning Board on July 15, 2010)
-  Planning Board held overview and hearing on 2012 Draft TPAR on April 19, 2012 with worksessions
on May 3 and 10 (click to view MCCF written comments to Board on Draft TPAR)

  • Failing Intersections Analysis; prepared 4/6/10 by PLU Committee from 2009 Highway
Mobility Report (click to view Analysis or 2009 Highway Mobility Report  [18 MB] file
from Planning Department's website)
-  2011 Mobility Assessment Report (formerly 'Highway Mobility Report') approved by Planning
Board on 10/27/11 for transmittal to County Council -- report is required to be submitted to Council as
part of 2012 Growth Policy discussion, now called Subdivision Division Staging Policy -- next Mobility
Assessment Report will be filed in 2016 (click to view staff memo or link to Board agenda for 10/27
where you can download full Report and Appendix--see Item 8 on agenda); on 10/31/11 Council T&E
Comm. held worksession on the report

Master and Sector Plan revisions (click to view list of existing Plans on Planning Dept. website)
  • On pg. 61 of proposed FY12 M-NCPPC Budget in Brief, Planning staff recommends work
efforts begin in FY12 on Lyttonsville (Brookeville Road) Purple Line Station Sector Plan, White Flint
Phase II Sector Plan, and Gaithersburg East/Montgomery Village Sector Plan

  • Glenmont Sector Plan public meetings and Planning staff work began April 2011

  • East County Science Center Master Plan project scope was approved by the Planning
Board on February 3, 2011; public meetings have begun.

  • Burtonsville Commercial Crossroads Neighborhood Planning Study first public meeting
held 11/30/10; Planning Board approved project scope on 1/13/11; additional public meetings held
March and May 2011; Council shifted Study to a Sector Plan in Master Plan work program approved
Spring 2011.
- on 5/3/12, Planning Board approved staff draft and set public hearing date for June 7

  • Chevy Chase Lake Sector Plan project scope was approved by the Planning Board in July
2010; 1st of 2 anticipated public meetings held on 1/10/11, Planning Dept. unveiled staff draft plan at
6/18/11 community meeting

  • Long Branch Sector Plan revision (Piney Branch Rd. and Flower Ave. area) drafted by
Planning Department staff; Board held hearing at Long Branch Library on 12/9/10.

  • White Flint II Sector Plan - Planning Board held scoping session with staff on April 26, 2012
When available, links are provided to documents that can be accessed on this or another website.  To use a
link, simply click on the underlined item.  Click to view list of Archived Issues tracked by this committee.