County Appropriation May Violate State Law

Montgomery County Council delayed the vote this week on Capital Improvements Program's appropriation for Wheaton's beleaguered Town Center project under fire by civic and environmental groups dissatisfied with unworkable design, years of ignored public input, and broken promises.
 
The latest controversy comes from the actual language for the CIP request which contains the disclosure below:

"The Executive asserts that this project conforms to the requirements of relevant local plans, as required by the Maryland Economic Growth, Resource Protection and Planning Act."

At a civic association meeting two weeks ago, a representative from the Department of Transportation - the agency leading this project - said on camera that the County Executive's assertion is just a formality to qualify for the funds and all concerns will be addressed once the money is handed over.  This position appears to be in direct conflict with the Act's intent.

With the funds ready to be appropriated, the project's compliance with the Wheaton Sector Plan is hotly contested by land use activists.  Inter-agency agreements have not been reached or signed, there is no General Development Agreement or Community Benefits Agreement signed or publicly reviewed, and DOT won't even release last year's traffic study. 

The County made promises to Wheaton that "The project provides for design, site improvements, and construction associated with a town square on Parking Lot 13 that is at least 1/3 the area of the site," yet the DOT design calls for a 14,300 sq. ft. "community event plaza" that is smaller than many single-family lots - just imagine holding the Taste of Wheaton festival in your front yard - with two performance stages and a hundred exhibition booths!  The proposed "plaza" isn't even on Lot 13 - instead it will be located across Reedie Drive - a designated Wheaton Sector Plan business route that connects Georgia Avenue and Viers Mill Road in the busy Wheaton Central Business District. 

In an attempt to solve this problem, DOT is creating another one with a proposal to narrow or close Reedie Drive to accommodate the pedestrians wishing to walk across the "town square" without having to dodge buses.  The "solution" is unworkable and out of compliance with the Wheaton Sector Plan because it requires rerouting all the Ride On and WMATA buses through the Urban District's busiest intersection - Georgia Avenue & University Boulevard - which already strikes fear in many a commuter. 

Watershed groups are concerned that the proposed box-like office building on Lot 13 is not green enough - the new headquarters for Park & Planning and offices for Department of Environmental Protection - the building should be an iconic green showcase that leads by example, reflects the green mission of the agencies it will house, and represents a once-in-a-generation opportunity to raise the bar on green development in the County for decades to come.  Under some friendly pressure, DOT did add some green elements to the updated design last year, but environmentalists say the changes fall far short of aspirations in Wheaton - the County's third Urban District after Bethesda and Silver Spring - and may not comply with the Maryland Stormwater Management Act of 2007 and Chapter 19 of Montgomery County Code which mandate the use of Environmental Site Design "to the maximum extent practicable" at the earliest design stages.  Wheaton CBD & Vicinity Sector Plan states:

"Wheaton's Role in the County - environmental features including portions of the Sligo Creek (of the Upper Anacostia) and Rock Creek watersheds."

"The natural and built environments can be improved through development that reduces energy consumption, contributes to the restoration of Wheaton Branch of Sligo Creek and the Silver Creek tributary of Rock Creek, and that provides better stormwater management, greater tree canopy, and walkable streets."

"Minimize and mitigate impervious surfaces by using Environmental Site Design to reduce runoff from all impervious surfaces, including roofs, terraces, and paving."

In an e-mail response to a request for further information, the DOT project lead wrote:

"As you know this RFP was a procurement action and therefore I can not share copy of the Developer's proposal until the contract is signed. Hope this answer your questions."

With taxpayer money ready to be appropriated for the DOT design - talk about buying a cat in a bag!

In the 11th hour - with no solutions forthcoming from the County - civic and environmental groups built up enough momentum to delay the CIP appropriation until a joint meeting of the Council's GO and PHED committees can review the matter on April 28th. 

This delay gives the Greater Wheaton community time to come together and demand a positive vision for a green and vibrant Wheaton Urban District.